27 Amendments of Monika HOHLMEIER related to 2016/0224(COD)
Amendment 278 #
Proposal for a regulation
Recital 25
Recital 25
(25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands or is reasonably meant to understand, and where possible using simple language. Having regard to the fact that where, for instance, the applicant refuses to cooperate with the national authorities by not providing the elements necessary for the examination of the application and by not providing his or her fingerprints or facial image, or fails to lodge his or her application within the set time limit, the application could be rejected as abandoned, it is necessary that the applicant be informed of the consequences for not complying with those obligations.
Amendment 301 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Having regard to the Malta Declaration of Heads of State or Government of 3 February 2017, which highlighted the need for a review of EU return policy based on an objective analysis of the way in which the legal, operational, financial and practical tools available at Union and national level are applied, the Commission shall propose a review of Directive 2008/115/EC of the European Parliament and the Council31a. _________________ 31aDirective 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
Amendment 557 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. Member States shall take all necessary measures to prevent absconding of the applicant, as well as illegal travels to another Member State of the European Union.
Amendment 578 #
Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(c a) if requested, providing an age assessment established by means of a medical examination used to determine the age of minors in accordance with Article 24.
Amendment 586 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image, and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations, his or her application shallmust be rejected as abandoned in accordance with the procedure referred to in Article 39.
Amendment 608 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand, and where possible using simple language, of the following:
Amendment 653 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The right to remain shall not constitute an entitlement to a residence permit of any kind and it shall not give the applicant the right to travel to the territory of other Member States without authorisation as referred to in Article 6 of Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 885 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Amendment 891 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may, as a standard procedure, be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 898 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The medical examination to determine the age of unaccompanied minors shall not be carried out without their consent or the consent of their guardians.
Amendment 899 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. In extraordinary circumstances, as a last resort, medical examinations may be enforced.
Amendment 907 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, and where possible using simple language, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.
Amendment 910 #
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4 a. Where medical examinations are used to determine the age of accompanied minors, the determining authority shall ensure that the accompanying adult family members are informed, prior to the examination of the minor's application for international protection, and in a language that they understand or are reasonably meant to understand, and if possible using simple language, of the possibility that the age of the accompanied minor be determined by medical examination.This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the accompanying adult family members for the minor to undergo the medical examination.
Amendment 912 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The refusal by the unaccompanied minors or their guardians, respectively by the accompanying family members to carry out the medical examination may onlyshall be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on the application for international protection. The refusal for consent to the medical examination can furthermore be considered as a refusal to cooperate by not providing information necessary for the examination of the application.
Amendment 918 #
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. A Member State shallmay recognise age assessment decisions taken by other Member States on the basis of a medical examination carried out in accordance with this Article and based on methods which are recognised under its national law.
Amendment 1025 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors children or dependent adults without legal capacity.
Amendment 1128 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand, and where possible using simple language.
Amendment 1247 #
Proposal for a regulation
Article 40 – paragraph 1 – point f a (new)
Article 40 – paragraph 1 – point f a (new)
(f a) the applicant has committed a criminal offence, which is penalised by imprisonment.
Amendment 1253 #
Proposal for a regulation
Article 40 – paragraph 1 – point g a (new)
Article 40 – paragraph 1 – point g a (new)
(g a) the applicant has travelled or attempted to travel to a country outside of the territory of the EU Member States, especially to the applicant's home country, since having been registered as applicant for international protection in an EU Member State.
Amendment 1479 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. For a period of five years from entry into force of this Regulation, Member States may retain or introduce legislation that allows for the national designation of safe third countries or safe countries of origin other than those designated at Union level or which are on the EU common list in Annex 1 for the purposes of examining applications for international protection. This national designation of safe third countries or safe countries of origin shall, for the designating Member State, be considered as complementary to the designated safe third countries or safe countries of origin at Union level.
Amendment 1485 #
Proposal for a regulation
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
1 a. Member States shall notify the Commission and the European Union Agency for Asylum of the third countries that are designated as safe third countries or safe countries of origin at national level immediately after such designation. Member States shall inform the Commission and the Agency once a year of the other safe third countries to which the concept is applied on an ad hoc basis in relation to specific applicants.
Amendment 1491 #
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 1
Article 50 – paragraph 3 – subparagraph 1
Where a third country is no longer designated as a safe third country at Union level or a third country has been removed from the EU common list in Annexe I to the Regulation in accordance with the ordinary legislative procedure, a Member State mayshall notify the Commission thatif it considers that, following changes in the situation of that country, it again fulfils the conditions set out in Article 45(1) and Article 47of the Member State to be considered as a safe third country or a safe country of origin by national designation.
Amendment 1494 #
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 2
Article 50 – paragraph 3 – subparagraph 2
Amendment 1498 #
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 3
Article 50 – paragraph 3 – subparagraph 3
Amendment 1500 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
Amendment 1532 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point b
Article 53 – paragraph 6 – subparagraph 1 – point b
(b) within twoone weeks in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned, or in the case of a decision rejecting an application as unfounded or manifestly unfounded in relation to refugee or subsidiary protection status following an accelerated examination procedure or border procedure or while the applicant is held in detention;
Amendment 1538 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point c
Article 53 – paragraph 6 – subparagraph 1 – point c
(c) within one monthtwo weeks in the case of a decision rejecting an application as unfounded in relation to the refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection.