14 Amendments of Jean LAMBERT related to 2015/0211(COD)
Amendment 34 #
Proposal for a regulation
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– The European Parliament rejects the Commission proposal.
Amendment 35 #
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another textwithdraw its proposal;
Amendment 38 #
Proposal for a regulation
Recital 3
Recital 3
(3) In light of the very sharp increase that has been experienced since 2014 in the number of applications for international protection made in the Union and the resulting unprecedented pressure on Member States’ asylum systems the Union acknowledged the need to strengthen the application of the safe country of origin provisions of Directive 2013/32/EU, as an essential tool to support the swift processing of applications that are likely to be unfoundeddmissibility assessments of applications. In particular, in its conclusions of 25 and 26 June 2015, the European Council referred, in relation to the need to accelerate the treatment of asylum applications, to the intention of the Commission as set out in its Communication on a European Agenda on Migration8 to strengthen these provisions, including the possible establishment of an EU common list of safe countries of origin. Moreover, the Justice and Home Affairs Council in its conclusions on safe countries of origin of 20 July 2015 welcomed the intention of the Commission to strengthen the safe countries of origin provisions in Directive 2013/32/EU, including the possible establishment of an EU common list of safe countries of origin. __________________ 88 COM (2015) 240 final, 13.5.2015. COM (2015) 240 final, 13.5.2015.
Amendment 44 #
Proposal for a regulation
Recital 4
Recital 4
(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it willould facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which are likely to be unfounded. The establishment of an EU common list willis intended to also address some of the existing divergences between Member States’ national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States. While Member States should temporarily retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list willould ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This willould accordingly facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future. In that context, further steps of harmonisation that cwould lead to the elimination of the need for national lists of safe countries of origin should be considered after a period of threfive years following the entry into force of this Regulation, on the basis of a report to be presented by the Commission. The Commission shall continually assess and report its findings to the European Parliament and to the Council regarding the application of this Regulation.
Amendment 56 #
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of Directive 2013/32/EU related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the EU common list established by this Regulation. This means, in particular, that the circumstance that a third country is on the EU common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and does not dispense therefore with the needobligation of Member States to conduct an appropriate individual examination of the application for international protection, in line with the procedural safeguards laid down in Directive 2013/32/EU, and including a right of appeal with a suspensive effect on removal orders, and compliance with the principle of non-refoulement. In line with the standards referring to the definition of refugee set out in Article 1(2) of the 1951 Geneva Convention Relating to the Status of Refugees and in line with Article 10 of the Qualifications Directive, the designation of a country as safe should take into account the situation of vulnerable minority groups within the country of origin. In addition, it should be recalled that, where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or her.
Amendment 57 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The EU common list of safe countries of origin does not have the aim of reducing the number of asylum seekers from countries which combine a large number of applications with a low recognition rate. Inclusion on this list should be based solely on an assessment of whether a country's situation conforms to the definition in Directive 2013/32/EU.
Amendment 59 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The provisions of Directive 2013/33/EU laying down standards for the reception of applicants for international protection should be applicable in relation to third country nationals originating from countries included in the EU common list established by this Regulation, while their asylum application is pending.
Amendment 62 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission should regularcontinually review the situation in third countries that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of a or instability in the democratic system and non- compliance with international human rights treaties in a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and, other relevant international organisations and national or international non- governmental organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. Should a country be suspended from the EU common list of safe countries of origin for a continuous period of two years, it shall automatically be removed from the list. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 74 #
Proposal for a regulation
Recital 18
Recital 18
(18) This Regulation respects the fundamental rights and observes the principles recognized by the Charter. This Regulation shall apply without prejudice to the right to an effective remedy and to a fair trial provided for in Article 47 of the Charter and to the right to asylum provided for in Article 18 of the Charter.
Amendment 79 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission shall regularcontinually review the situation in third countries that are on the EU common list of safe countries of origin, based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, EASO, UNHCR, the Council of Europe and, other relevant international organisations, and national or international non-governmental organisations.
Amendment 82 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Regulation shall not be applicable with regards to unaccompanied minors seeking international protection.
Amendment 92 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In case of sudden changes in the legal, democratic, human rights or political situation of a third country that is on the EU common list of safe countries of origin, the Commission shall rapidly conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU and, if those conditions are no longer met, shall. Whilst the Commission is carrying out the assessment, the country shall be suspended from the list. If the conditions set in Annex I of Directive 2013/32/EU are no longer met, the Commission shall immediately adopt, in accordance with Article 290 TFUE, a Decision suspending the presence of that third country from the EU common list for a period of one year. Member States shall amend their national lists accordingly.
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Should a country be suspended from the EU common list of safe countries of origin for a continuous period of two years, it shall automatically be removed from the list.
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)
Article 4 – paragraph 1 – point 1 a (new)
Directive 2013/32/EU
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
(1a) In Article 36 the following paragraph is included: "2a. In order to assess the admissibility of an application and prior to taking into consideration the provisions of Regulation (EU) No XXXX/2015 of the European Parliament and of the Council* [this Regulation], Member States shall consider all documents submitted, including any evidence that the applicant is a member of a group that faces persecution or serious harm according to the sources of information referred to in article 37 (3) of this Directive."