Activities of Annalisa TARDINO related to 2020/0279(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]
Amendments (108)
Amendment 179 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure, where possible, the absence of internal border controls for persons and frame a common policy on asylum, prevention on illegal immigration and rigorous management of the external borders of the Union, based on solidarity between Member States, which is fair towards third-country nationals.
Amendment 188 #
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and in an integrated mannprimarily on the protection of the external borders.
Amendment 195 #
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member StatesMember States and of the Union in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in needevent irregular migration and unauthorised movements between them, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to swiftly return illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach, and to provide access to international protection and adequate reception conditions only to those who are entitled.
Amendment 207 #
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be primarily to ensure the efficient management of migration flows, the fair treatment of third- country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.
Amendment 230 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 259 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable persons.
Amendment 277 #
Proposal for a regulation
Recital 14
Recital 14
(14) An effective return policy is an essential element of a fair and well- functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should swiftly return. Given that a significant share of applications for international protection may be consideared unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those genuinely in need.
Amendment 287 #
Proposal for a regulation
Recital 15
Recital 15
(15) To strengthen cooperation with third countries in theall areas of returmigration mand readmission of illegally staying third- country nationalsagement including readmissions , it is necessary to develop a new mechanism, including all relevant EU policies and tools with a focus in the field of visa policy and development cooperation, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.
Amendment 288 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Such mechanism should be based on the principle that aid and development funds are conditional to third countries cooperation in the area of return and readmission of illegally staying third- country nationals as outlined in the resolution of the European Parliament of 25 November 2020.
Amendment 290 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) In order to implement the mechanism, the Union should primarily apply measures to prevent illegal border crossing, including the construction of physical barriers for land borders as well as naval blockage for maritime borders.
Amendment 297 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protecMember States of first arrival are not overburden by high numbers of simultaneous applications. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member State.
Amendment 302 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 310 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to implement the mechanism in a sustainable manner and discourage illegal border crossings and landings on the EU territory, the Commission supported by the relevant EU agencies, should establish asylum processing centres in third countries, especially in those located on the southern side of the Mediterranean sea. In those facilities, adequately trained staff should swiftly process asylum applications in accordance with Union and national law and establish whether applicants should be granted international protection and thus safely relocated to a Member state according to the criteria set out in this regulation or returned to country of origins.
Amendment 316 #
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whether there is a situation of mcompetent authorities persons disembarked should be distributed in a proportionate manner among the Member States. In order to implement the mechanism, it is necessary that Member States forbid private actors from interfering in the migratory processes by carrying out search and rescue operations which may act as a pull factor for migratory influxes. As recent investigations proved, there are well established links between criminal networks of smugglers and private organisations acting as facilitators of illegal migration in breach of existing national and EU law. Member States should foresee a set of criminal and administrative sanctions in case of violation of national law. Where, in violation of existing law, a third country national disembarks on the European territory following an illegal search and rescue operation carried out by private organisation, the Member State responsible for registering the application should be the one that provided a navigratory pressure. ion permit to the disembarking vessel.
Amendment 326 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 339 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 348 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 357 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 368 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 384 #
Proposal for a regulation
Recital 24
Recital 24
(24) The solidarity mechanism should also address situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and settingshould ask the Commission to set out the measures that could support that Member State in addressing the situation of migratory pressure. The definition of migratory pressure should take into account potential crisis at local or regional level.
Amendment 399 #
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based ondeclaring itself under migratory pressure a Member State should provide a broad qualitative assessment, should taketaking into account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by- case basis in order to be tailor- made to the needs of the Member State in question.
Amendment 422 #
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 82 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 446 #
Proposal for a regulation
Recital 29
Recital 29
(29) Where the Migration Management Report identifies needs in a Member State under migratory pressure has needs in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.
Amendment 482 #
Proposal for a regulation
Recital 34
Recital 34
(34) IGiven that the current Dublin system proved highly inefficient, it is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection. The method should be based on loyal cooperation among national authorities as inefficiencies may result in overburden for asylum authorities of Member States of first arrival. _________________ 40As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.
Amendment 525 #
Proposal for a regulation
Recital 40
Recital 40
(40) For reasons of efficiency and legal certainly, it is essential that the Regulation is based on the principle that responsibility is determined only once, unless the person concerned has left the territory of the Member States in compliance with a return decision or removal order.
Amendment 536 #
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability. Procedures to assess the age of an applicant should be based on scientific criteria including Dental age estimation (DAE).
Amendment 551 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public order. In such cases, it is also necessary that the Member States detain and/or swiftly return the applicant concerned.
Amendment 565 #
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU.
Amendment 597 #
Proposal for a regulation
Recital 51
Recital 51
Amendment 613 #
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate sand proportionatections and procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 616 #
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(53a) It should be possible for the Member States to impose additional obligations on applicants in accordance with national law in order to prevent unauthorised movements within the Union. Such additional obligations could include detention, as well as alternative measures such as the requirement to sign a register at the local police station or the obligation to wear an electronic bracelet.
Amendment 619 #
Proposal for a regulation
Recital 54
Recital 54
Amendment 636 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be establishguaranteed, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants’ fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed uponhave been infringed in the country of origin. The costs related to such remedies, limited to a single level of justice, cannot be a direct burden on the budget of the Member State in which they are initiated, but should be met by specific EU funds set aside for this purpose.
Amendment 653 #
Proposal for a regulation
Recital 59
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reasony case deemed relevant by national authorities in tchat he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlinesrge of migration in order to quickly assess the status of each applicant and specifically in case of a threat to national security or public order. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.
Amendment 659 #
Proposal for a regulation
Recital 60
Recital 60
(60) Deficiencies in, or the collapse of, national or local asylum systems, often aggravated or contributed to by particular pressures on them, can jeopardise the smooth functioning of the system put in place under this Regulation, which could lead to a risk of a violation of the rights of applicants as set out in the Union asylum acquis and the Charter of Fundamental Rights of the European Union, other international human rights and refugee rightsmajor impact on the local population.
Amendment 712 #
Proposal for a regulation
Recital 73
Recital 73
(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States both at local or national level.
Amendment 758 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘application for international protection’ or ‘application’ means a request for protection made to a Member State by a third-country national or a stateless person, who can be understood as genuinely seeking refugee status or subsidiary protection status;
Amendment 765 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];
Amendment 818 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years; the age assessment may be verified using scientific criteria including Dental age estimation (DAE).
Amendment 838 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s control;
Amendment 875 #
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
(v) ‘search and rescue operations’ means operations of search and rescue as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979carried out by Member States competent authorities;
Amendment 886 #
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation where there is a large number of arrivals of third-country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden even on well-preparedat national or local level on asylum and reception systems and requires immediate action;
Amendment 896 #
Proposal for a regulation
Article 2 – paragraph 1 – point aa a (new)
Article 2 – paragraph 1 – point aa a (new)
(aaa) 'asylum processing centre' means a facility located in a third country where EU staff registers and processes asylum applications lodged by third country nationals in accordance with Union and national law.
Amendment 922 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial pPartnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration,addressing the root causes of irregular migration and making aid and development funds conditional to clear commitments to contain irregular migratory flows as well supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmission and preventing departures and illegal border crossings;
Amendment 946 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective management of the Union’s external borders, based on the European integrated border management including the construction of new facilities to prevent illegal border crossings and where applicable maritime operations;
Amendment 959 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) access to swift procedures for granting and withdrawing international protection on Union territory and recognition of third- country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;
Amendment 984 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the Member States;
Amendment 995 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) full deployment and use of the operational and physical tools set up at Union level, notably the European Border and Coast Guard Agency, the Asylum Agency, EU- LISA and Europol, as well as large-scale Union Information Technology systems;
Amendment 1035 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are genuinely in need and ensure the swift return of those who are illegally staying;
Amendment 1046 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling; such measures may include criminal law and/or administrative sanctions toward private entities acting as facilitators for illegal migration;
Amendment 1147 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 1154 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The Commission and the Member States shall promote partnerships and cooperation with relevant third countries on migration management. The Commission and Member States shall assess the integration of migration management in all relevant Union policies and in particular they should fully apply the principle that development aid is conditional to strong commitments in the field of migration management.
Amendment 1156 #
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. The Commission and Member States shall make full use of the visa policy and related measures designed to incentivise cooperation with third countries to facilitate the swift return of illegally staying third-country nationals.
Amendment 1157 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 1161 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The Commission, the Council, and the Member States shall, within their respective competences, take actions to foster cooperation with third countries to address causes and drivers of irregular migration and forced displacement, applying fully the principle of aid conditionality outlined in paragraph 1.
Amendment 1164 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 1179 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall examineregister any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsible.
Amendment 1181 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Without prejudice to the rules provided for in Part IV, where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it. That responsibility shall cease if the application is registered more than 1 year after the date on which the irregular crossing of the border into a Member State has taken place by land, sea or air.
Amendment 1197 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Where it is impossible for a Member State to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that there areproven systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible.
Amendment 1206 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III. In that case, no transfer shall be carried out.
Amendment 1241 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority may set a time limit within the period referred to in Article 29(1) for submitting such evidence. Member States competent authorities may, in accordance with national law impose additional obligations to the applicants that do not fully cooperate during the examination procedure in order to prevent unauthorised movements. Such obligations could be the wearing of an electronic bracelet or the request to sign a register at the local police post on daily basis.
Amendment 1260 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.
Amendment 1317 #
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) of the right to be granted, on request, legal assistance free of charge where the person concerned cannot afford the costs involved; The expenses relating to legal assistance, shall not be directly borne by the budget of the Member State in which they are introduced, but by specific EU funds established for this purpose.
Amendment 1324 #
Proposal for a regulation
Article 11 – paragraph 1 – point h
Article 11 – paragraph 1 – point h
(h) that the competent authorities of Member States and the Asylum Agency will process personal data of the applicant including for the exchange of data on him or her for the sole purpose of implementing their obligations arising under this Regulation; That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac.
Amendment 1351 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for unaccompanied minors, containing at least the information referred to in paragraph 1. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State- specific information.
Amendment 1569 #
Proposal for a regulation
Article 21
Article 21
Amendment 1581 #
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21a Where, despite the legal requirement set out by the Regulation, a third country national disembarks on the European territory following a search and rescue operation carried out by a private organisation, the member State responsible for registering the application should be the one that provided a navigation permit to the disembarking vessel.
Amendment 1587 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
If a third-country national or a stateless person enters into the territory of the Member States through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than threone years after the date on which the person entered the territory.
Amendment 1621 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within two months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. Where no reply is provided within the set time limit, acceptance is presumed. A reply refusing the request shall state the reasons on which the refusal is based.
Amendment 1672 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulich has justified reasons to believe that another Member State is responsible for the examination] or, where applicable, the Member State of relocation shall start the process of determining the Member Sf an application for international protection shall immediately start the process of submitting a take charge requestor a tatke responsible without delayback notification pursuant to Articles 29 and 31.
Amendment 1674 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Member State where an application is first registered or, where applicable, the Member State of relocationrequesting or notifying Member State shall continue the process of determining the Member State responsible if the applicant leaves the territory of that Member State without authorisation or is otherwise not available to the competent authorities of that Member State.
Amendment 1692 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. If a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within twohree months of the date on which the application was registered, request that other Member State to take charge of the applicant.
Amendment 1698 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within onetwo months of receiving that hit.
Amendment 1733 #
Proposal for a regulation
Part III – Chapter V – Section III – title
Part III – Chapter V – Section III – title
III Procedures for take back notificationrequests
Amendment 1743 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1748 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notificationrequest without delay and in any event within two weeks after receiving the Eurodac hit.
Amendment 1753 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. A take back notificationrequest shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the statements of the person concerned enabling the authorities of the requested Member State to check whether it is responsible on the basis of the criteria laid down in Chapter II of this Regulation.
Amendment 1757 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notifirequested Member State shall confirm receipt of the notificatmake the necessary checks and shall give a decision ton the Member Srequest to tatke which made the notification within one week, unless the notified Member State can demonstrate withinback the person concerned as quickly as possible and in any event no later than one month from the date on which the request was received. When the request is based on data obtained from the Eurodac system, that time limit tshat its responsibility has ceased pursuantll be reduced to two Article 27weeks.
Amendment 1766 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Failure to act within the one- month or two weeks period set out in paragraph 3 shall be tantamount to confirming the receipt of the notification.
Amendment 1773 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notificationrequests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1796 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1
Article 32 – paragraph 4 – subparagraph 1
Amendment 1800 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
Amendment 1846 #
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 3
Article 33 – paragraph 5 – subparagraph 3
Amendment 1863 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a risk of absconding, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 1871 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. Member States shall detain an applicant who represents a danger to national security and public order and for any other reason that might be considered relevant according to national law.
Amendment 1875 #
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Detention shall be for as short a period as possible and shall be for no longer than the time reasonablylong as necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out.
Amendment 1878 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weekmonths from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notification shall not exceed onetwo weeks from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within onetwo weeks of receipt of the take charge request. Failure to reply within the onetwo-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1884 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2 – introductory part
Article 34 – paragraph 3 – subparagraph 2 – introductory part
Where a person is detained pursuant to this Article, the transfer of that person from the requesting or notifyingrequested Member State to the Member State responsible shall be carried out as soon as practically possible, and at the latest within four weeks of:
Amendment 1897 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Where a person is detained pursuant to this Article, the detention shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is basedthe competent national authority.
Amendment 1908 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notificationor take back request by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year as the last day of imprisonment if the transfer cannot be carried out due to imprisonment of the person concerned.
Amendment 1913 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2
Article 35 – paragraph 1 – subparagraph 2
Amendment 1922 #
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. Where the transfer does not take place within the time limits set out in paragraph 1, first subparagraph, the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.
Amendment 1954 #
Where the Member State carrying out a transfer is in possession of information that indicates that there are reasonable grounds to consider the applicant or another person as referred to in Article 26(1), point (b), (c) or (d), a danger to national security or public order in a Member State, that Member State shall also communicate such information tobecome the Member State responsible.
Amendment 1969 #
Proposal for a regulation
Article 40 – paragraph 2 – point c a (new)
Article 40 – paragraph 2 – point c a (new)
(ca) implementing a return decision.
Amendment 1974 #
Proposal for a regulation
Article 40 – paragraph 2 – point g a (new)
Article 40 – paragraph 2 – point g a (new)
(ga) Criminal record
Amendment 2016 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations carried out by national competent authorities shall consist of the following types:
Amendment 2079 #
Proposal for a regulation
Article 45 a (new)
Article 45 a (new)
Article 45a 1. The European Commission in cooperation with the relevant EU agencies, mainly Frontex and EASO, shall set up asylum processing centres in third countries. 2. Staff serving in those facilities shall be adequately trained to swiftly process asylum applications in accordance with Union and national law. 3. Applicants that receive a positive application shall be relocated according to the conditions set out in Article 45 paragraph 2. 4. Applicants that do not receive a positive decision shall be immediately returned to their country of origins.
Amendment 2081 #
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2098 #
Proposal for a regulation
Article 47
Article 47
Amendment 2141 #
Proposal for a regulation
Article 48
Article 48
Amendment 2182 #
Proposal for a regulation
Article 49
Article 49
Amendment 2204 #
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
1. The Commission shall assess the migratory situation in a Member State wherefollowing information by a:
Amendment 2208 #
Proposal for a regulation
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) that Member State has informed the Commission that it considers itself to be under migratory pressure;
Amendment 2210 #
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
Amendment 2256 #
Proposal for a regulation
Article 50 – paragraph 3 – point k a (new)
Article 50 – paragraph 3 – point k a (new)
(ka) the number of third country nationals in specific areas or regions;
Amendment 2259 #
Proposal for a regulation
Article 50 – paragraph 4 – point a
Article 50 – paragraph 4 – point a
Amendment 2283 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. In the report, the Commission shall state whether the Member State concerned is underlist elements related to migratory pressure.
Amendment 2421 #
Proposal for a regulation
Article 55 – paragraph 4 – point e a (new)
Article 55 – paragraph 4 – point e a (new)
(ea) any other activities requested by the benefitting Member State to facilitate the return of illegally staying third- country nationals.