14 Amendments of Monika HOHLMEIER related to 2015/0306(COD)
Amendment 24 #
Proposal for a regulation
Recital 1
Recital 1
(1) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry into, stay on or residence in the Member Statesterritory of the Union, in full respect of fundamental rights, in particular of the principle of non- refoulement, and in compliance with the provisions of Directive 2008/115/EC9 , is an essential part of the comprehensive efforts to ensure the credibility and proper functioning of the Union migration policies and to reduce and deter irregular migration. _________________ 9 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 33 #
Proposal for a regulation
Recital 2
Recital 2
(2) National authorities of the Member States experience difficulties in returning illegally staying third-country nationals who possess nose stay on the territory of the Union is illegal and who lack valid travel documents.
Amendment 36 #
Proposal for a regulation
Recital 3
Recital 3
(3) Improving cooperation on return and readmission with the main countries of origin and transit of illegally staying third- country nationals is essential for increasing rates of return, which are unsatisfactory. This should include, in addition to an improved European travel document for the return of third-country nationals which is the subject of this regulation, more determined efforts on the part of the EU to conclude readmission agreements with safe third countries promptly and to implement their provisions properly, with the aid of that document and in a manner entirely consistent with the principle of non-refoulement.
Amendment 37 #
Proposal for a regulation
Recital 3
Recital 3
(3) Improving cooperation on return and readmission with the main countries of origin and transit of illegally staying third- country nationthird-country nationals whose stay on the territory of the Union is illegals is essential for increasing rates of return, which are unsatisfactory.
Amendment 47 #
(6a) The negotiation of new Union readmission agreements, which should take precedence over bilateral agreements between Member States and third countries, would guarantee a more effective implementation of this Regulation, within the framework of a more coherent return policy.
Amendment 57 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should systematically issue return decisions in compliance with Directive 2008/115/EC of the European Parliament and of the Council with the support provided by the Union in terms of adequate resources, including funding and staff.
Amendment 58 #
Proposal for a regulation
Recital 10
Recital 10
(10) The circumstances in which Member States should consider issuing a European travel document for return include cases in which a document that is not valid or is no longer valid for travelling, a civil registry certificate, another official document, or a copy thereof, proves the nationality of the illegally staying third-country national subject to a return decision. Examples of such documents are expired passport, identity card or third-country laissez passer; military or maritime identity card, driving licence; nationality, birth, marriage certificates; extract from the Visa Information System. Member States could also consider issuing such document when the third-country national, whose nationality has been confirmed by the competent authorities of a third country, has not received a valid travel document within a reasonable deadline. In order for the European travel document for return to be effective, however, returns should be carried out rapidly, so that the persons subject to a return decision do not abscond.
Amendment 60 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The current migration crisis is characterised by the arrival of a large number of unaccompanied minors.
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the format and the technical specifications of a European travel document for the return of third- country nationals whose stay on the territory of the Union is illegal.
Amendment 74 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) 'Union readmission agreements' means agreements which are based on reciprocal obligations and are concluded between the Union and third countries to facilitate the return of persons residing irregularly on the territory of the Union, in accordance with Article 79 (3) TFEU.
Amendment 75 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The format of the European travel document for return shall correspond to the model set in the Annex. It shall contain the following information of the third-country national illegally staying on the territory of the Union:
Amendment 76 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the name, surname, date of birth, sex, nationality, distinguishing marks and, if known, the address in the third country of return of the third-country national;
Amendment 91 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Eurodac and Schengen Information System The Member State which issues the European travel document for return shall enter details of the document in the Eurodac database and the Schengen Information System.
Amendment 93 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Best interests of the child In accordance with the 1989 United Nations Convention on the Rights of the Child and Article 10 of Directive 2008/115 EC of the European Parliament and of the Council, the 'best interests of the child' shall be a primary consideration of Members States when implementing this Regulation.