15 Amendments of Timothy KIRKHOPE related to 2015/0125(NLE)
Amendment 38 #
Proposal for a decision
Recital 7
Recital 7
(7) Among the Member States witnessing situations of particular pressure and in light of the recent tragic events in the Mediterranean, Italy and Greece in particular have experienced unprecedented flows of migrants, including applicants for international protection who are in clear need of international protection, arriving on their territories, generating a significant pressure on their migration and asylum systems. However, other Member States within the EU are also experiencing large increases in the number asylum seekers received.
Amendment 53 #
Proposal for a decision
Recital 12
Recital 12
(12) Due to the on-going instability and conflicts in the immediate neighbourhood of Italy and Greece, it is very likely that a significant and increased pressure will continue to be put on their migration and asylum systems, with a significant part of the migrants who may be in need of international protection. This demonstrates the critical need to show solidarity towards Italy and Greece and to complement the actions taken so far to support them with provisional measures in the area of international protection.
Amendment 61 #
Proposal for a decision
Recital 16
Recital 16
(16) In line with Article 78(3) of the Treaty, the measures envisaged for the benefit of Italy and Greece should be of a provisional nature. A period of 24 months is reasonable in view of ensuring that the measures provided for in this Decision have a real impact in respect of supporting Italy and Greece to deal with the significant migration flows on their territories.
Amendment 82 #
Proposal for a decision
Recital 24
Recital 24
(24) National security and public order should be taken into consideration throughout the relocation procedure, until the transfer of the applicant is implemented.
Amendment 108 #
Proposal for a decision
Recital 30
Recital 30
(30) Measures should be taken in order to avoid secondary movements of relocated persons from the Member State of relocation to other Member States. In particular, applicants should be informed of the consequences of onward movement within the Member States and of the fact that, if the Member State of relocation grants them international protection, in principle, they are only entitled to the rights attached to international protection in that Member State.
Amendment 110 #
Proposal for a decision
Recital 31
Recital 31
(31) Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Union level, tThe Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.
Amendment 114 #
Proposal for a decision
Article 2 – point b
Article 2 – point b
(b) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken; of Article 2 (i) of Directive 2011/95/EU.
Amendment 119 #
Proposal for a decision
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The purpose of this Directive shall be dependent upon Italy and Greece fulfilling its obligations to implement effective processing of those seeking international protection, carrying out swift and effective returns operations, and ensuring detention condition are in line with EU fundamental rights and EU law.
Amendment 139 #
Proposal for a decision
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Applicants whose fingerprints are required to be taken and transmitted pursuant to the obligations set out in Article 9 of Regulation (EU) No 603/2013 may only be relocated if their fingerprints have been taken.
Amendment 142 #
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that family members as already defined under existing EU law, who fall within the scope of this Decision are relocated to the territory of the same Member State.
Amendment 143 #
Proposal for a decision
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When the decision to relocate an applicant has been taken and before the actual relocation, Italy and Greece shall notify the person concerned of the decision to relocate him in writing. That decision shall specify the Member State of relocation. The Member States are not obliged to seek the consent of the applicant with regard to their place of relocation.
Amendment 144 #
Proposal for a decision
Article 6 – paragraph 5
Article 6 – paragraph 5
5. An applicant or beneficiary of international protection who enters the territory of another Member State than the Member State of relocation without fulfilling the conditions for stay in that other Member State shall be required to go back immediately and taken back by the Member State of relocation, pursuant to the rules laid down in Regulation (EU) No 604/2013 and Directive 2008/115/EC of the European Parliament and of the Council1 respectively. Applicants who have been granted international protection in a Member State as a consequence of a failed Dublin transfer should also be counted as part of the overall relocation number applicable to that individual Member State. 1 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p.98).
Amendment 147 #
Proposal for a decision
Article 7 – introductory part
Article 7 – introductory part
Member States shall increase their support in the area of international protection to Italy and Greece via the relevant activities coordinated by EASO and other relevant Agencies, in particular by providing when necessary national experts for the following support activities in order to ensure the lawful and good functioning of their national asylum system:
Amendment 155 #
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. If Italy or Greece does not comply with the obligation referred to in paragraph 1, the Commission may decide to suspend this Decision with regard to that Member State for a period of up to three months. The Commission may decide once to extend such suspension for a further period of up to three monthsas many times as is necessary.
Amendment 160 #
Proposal for a decision
Article 11
Article 11
Italy and Greece shall report to the Council and the Commission on the implementation of this Decision, including on the roadmaps referred to in Article 8, every threewo months.