121 Amendments of Cornelia ERNST related to 2016/0133(COD)
Amendment 128 #
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data. The Agency should also develop information material, in close cooperation with the relevant authorities of the Member States. The Agency should be responsible for the transfer of applicants for, or beneficiaries of, international protection, under this Regulation.
Amendment 135 #
Proposal for a regulation
Recital 10
Recital 10
(10) In the light of the results of the evaluation undertaken of the implementation of Regulation (EU) 604/2013 , it is appropriatenecessary, at this stage, to confirm the principles underlying Regulation (EU) No 604/2013, while making the necessary improvements, in the light of experience, to the effectiveness of the Dublin system and the protection granted to applicants under that system. Based on this evaluation and on consultation with Member States, the European Parliament and other stakeholders, it is also considered appropriate to establish in the Regulation measures required for adesign a new system in full respect of Article 78(1) TFEU based on a genuine link approach and fair share of responsibility and solidarity between Member States for applications for international protection, in particular to ensure that a disproportionate burden is not placed upon some Member States.
Amendment 138 #
Proposal for a regulation
Recital 15
Recital 15
(15) 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 athe 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.
Amendment 145 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 151 #
Proposal for a regulation
Recital 18
Recital 18
(18) The processing together of the applications for international protection of the members of one family by a single Member State makes it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. The processing together of the applications of a family is without prejudice to the right of an applicant to lodge an application individually.
Amendment 158 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’'s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor first has lodged his or heran application for international protection, unless it is demonstrat and is present, provided that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure thatobtain individualised guarantees from that Member State that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his/her best interests by staff with the necessary qualifications and expertise. Any decision on responsibility in accordance with this Regulation concerning an unaccompanied minor should be preceded by a multidisciplinary assessment of his or her best interests which shall involve, at a minimum, his or her guardian and legal advisor or counsellor.
Amendment 166 #
Proposal for a regulation
Recital 21
Recital 21
(21) Assuming responsibility by a Member State for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should be exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined Member State should be able to derogate from the responsibility criteria in particular on humanitarian grounds, and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 169 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 181 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Different categories of applicants have differing information needs and information will therefore have to be provided in different ways and be adapted to those needs. It is particularly important to ensure that minors have access to child-friendly information that is specific to their needs and situation. Providing accurate, high-quality information to both accompanied and unaccompanied minors in a child-friendly environment can play an essential part both in providing a good environment for the minor but also in order to identify cases of any form of exploitation or violence, including trafficking in human beings.
Amendment 185 #
Proposal for a regulation
Recital 23
Recital 23
(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examinemay be competent of his or her asylum application; of his or her rights and obligations under this Regulation and of the consequences of not complying with them. The applicant should be fully informed about his or her right to legal assistance and an effective remedy. The information to the applicant should be provided in a language that he or she understands, in a concise, transparent, intelligible and easily accessible form.
Amendment 190 #
Proposal for a regulation
Recital 24
Recital 24
(24) 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 established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible on the basis that he has a family member or, for unaccompanied minors, a relative in another Member State. 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 upon.
Amendment 193 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 199 #
Proposal for a regulation
Recital 27
Recital 27
(27) 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 reason that 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. 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 deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detainedA person should not be held in detention on the basis of this Regulation.
Amendment 206 #
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism.
Amendment 214 #
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. An allocation mechanism based on genuine links complemented by a corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 217 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Member States should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. Applicants in vulnerable situations should have their applications and transfer prioritised.
Amendment 225 #
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a thresholdmechanism, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which asolidarity. The application of the corrective mechanism should be triggered where the Member State is responsible exceeds 150% of the figurcould not be identified in the reference keytermined under Chapter III of this Regulation. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.
Amendment 235 #
Proposal for a regulation
Recital 33
Recital 33
(33) When the allocationcorrective mechanism applies, the applicants who lodged their applications in the benefitting Member State should be allocated togiven the choice between the different Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should determine the Member State responsible, and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members, listed under Chapter III determine that a different Member State should behave been responsible.
Amendment 244 #
Proposal for a regulation
Recital 34
Recital 34
(34) Under the allocation mechanism, tThe costs of transfer of an applicant to another Member State of allocation should be reimbursed from the EU budget.
Amendment 250 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 259 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 261 #
Proposal for a regulation
Recital 37
Recital 37
Amendment 266 #
Proposal for a regulation
Recital 40
Recital 40
(40) The application of this Regulation can be facilitated, and its effectiveness increased, by the support of the European Agency for Asylum as well as bilateral arrangements between Member States for improving communication between competent departments, reducing time limits for procedures or simplifying the processing of requests to take charge or take back, or establishing procedures for the performance of transfers.
Amendment 267 #
Proposal for a regulation
Recital 41
Recital 41
Amendment 271 #
Proposal for a regulation
Recital 47
Recital 47
(47) The examination procedure should be used for the adoption of a common leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors; of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications ; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.
Amendment 275 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to provide for supplementary rules, 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 the periodicity and modalities for providing information to applicants on the progress in the procedures under this Regulation concerning them, the identification of family members or relatives or any other family relations of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person; standard operating protocols for transnational cooperation regarding the best interests of the child assessment and best interests determination and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 8 of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 . In particular, tTo ensure equal participation in the preparation of delegated acts, the European Parliament and Council should receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. .
Amendment 276 #
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) In order to provide for supplementary rules, 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 the identification of family members or relatives of applicants as well as in respect of the definition of eligibility criteria for sponsors.
Amendment 277 #
Proposal for a regulation
Recital 49
Recital 49
(49) In the application of this Regulation, including the preparation of delegated acts, the Commission should consult experts from, among others, all relevant national authorities and NGOs.
Amendment 282 #
Proposal for a regulation
Recital 52
Recital 52
(52) In order to assess whether the corrective allocation mechanism in this Regulation is meeting the objective of ensuring a fair sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States, the Commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Reguladetermination of the Member State responsible per this Regulation and in particular verify a swift access of applicants to procedures for granting international protection.
Amendment 288 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU, including stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, and who is not national of a State which participates in this Regulation by virtue of an agreement with the Union;
Amendment 291 #
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 pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, who has made an application for international protection in respect of which a final decision has not yet been taken;
Amendment 294 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;
Amendment 297 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant arrived on the territory of the Member States , the following members of the applicant’s family who are present on the territory of the Member States:
Amendment 301 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 1
Article 2 – paragraph 1 – point g – indent 1
- the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,
Amendment 303 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 310 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 316 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
- when the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or herthe beneficiary of international protection whether by law or by the practice of the Member State where the beneficiary is present,
Amendment 329 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle or grandparent or cousin or nephew or niece who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 331 #
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 pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, below the age of 18 years;
Amendment 334 #
Proposal for a regulation
Article 2 – paragraph 1 – point k a (new)
Article 2 – paragraph 1 – point k a (new)
(ka) 'sponsor' means a national of a Member State, or a third country national authorized by a Member State to stay in its territory as holder of any residence permit issued under EU law or national law of that Member State for a period of one year or longer, or an entity registered according to the delegated act referred to in Article 14(4).
Amendment 335 #
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) ‘residence document’ means any authorisation issued by the authorities of a Member State authorising a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, to stay on its territory, including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the Member State responsible as established in this Regulation or during the examination of an application for international protection or an application for a residence permit;
Amendment 345 #
Proposal for a regulation
Article 2 – paragraph 1 – point q – introductory part
Article 2 – paragraph 1 – point q – introductory part
(q) ‘'resettled person’' means a person subject to thea process of resettlement whereby, on a request based on a person's need for international protection and coming from the United Nations High Commissioner for Refugees (‘'UNHCR’) based on a person’s need for international protection'), third-country nationals are transferred from a third country and established in a Member State where they are permitted to reside with one of the following statuses:
Amendment 365 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because the applicant is affected by a serious disease or inability and the transfer would expose him/her to 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 State shall assume the competence to examine the application.
Amendment 369 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 379 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 383 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 398 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The applicant shall submit as soon as possible and at the latest during the interview pursuant to Article 7, all the elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member States. ll the available elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member States. The competent authorities shall take into account the elements and information relevant for determining the Member State responsible only insofar as they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, Member States shall take into consideration other elements provided by the applicant if the delay in submitting them is due to force majeure.
Amendment 405 #
Proposal for a regulation
Article 5
Article 5
Amendment 426 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. As soon as an application for international protection is lodgedmade within the meaning of Article 21(2) in a Member State, its competent authorities shall inform the applicant of the application of this Regulation and of the obligations set out in Article 4 as well as the consequences of non-compliance set out in Article 5 , and in particular :
Amendment 431 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) that the right to apply for international protection does not encompass any choice of the applicant which Member State shall be responsible for examining the application for international protection, except when provided under the terms of Article 36;
Amendment 432 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) of the right to provide information on any meaningful links with a Member State for the purpose of determining that Member State as responsible for examining the application for international protection;
Amendment 436 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is obliged to be present during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined , in particular that the applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health care ;
Amendment 449 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility to challenge a transfer decision within 7 days after notification and of the fact that this challenge shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon and the right to have an effective remedy before a court or tribunal in accordance with Article 28, including in a situation where no transfer decision is taken;
Amendment 457 #
Proposal for a regulation
Article 6 – paragraph 1 – point i a (new)
Article 6 – paragraph 1 – point i a (new)
(ia) of the right to request free legal assistance and representation at all stages of the procedure.
Amendment 460 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand, in a concise, transparent, intelligible and easily accessible form, using clear and plain language. With regard to minors and, in particular, to unaccompanied minors, the information shall be provided in a child-friendly manner by appropriately trained staff. Member States shall use the common leafletinformation material drawn up pursuant to paragraph 3 for that purpose.
Amendment 463 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 a (new)
Article 6 – paragraph 2 – subparagraph 1 a (new)
The information shall be provided as soon as the application is made. The information shall be provided both in written and oral form, where appropriate with the support of multimedia equipment. It may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a responsible Member State in accordance with this Regulation. In the case of minors, information shall be provided in a child- friendly manner by appropriately trained staff and with the involvement of the guardian.
Amendment 464 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Where necessary for the proper understanding of the applicant, the information shall also be supplied orally, for example in connection with the personal interview as referred to in Article 7. This information shall be adapted to the individual circumstances of the applicant.
Amendment 465 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt implementing acts to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 476 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant, unless the applicant has absconded or the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 6.
Amendment 483 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is and in which he or she is able to communicate. Interviews with minors shall be conducted in a child-friendly manner in the presence of the guardian and, where applicable, to communicatehe legal advisor or counsellor. Where necessary, Member States shall have recourse to an qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview, and to an intercultural mediator.
Amendment 488 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law. Applicants who are identified as being in need of special procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for effectively presenting all elements that would allow for the determination of the Member State responsible.
Amendment 494 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/or the legal advisor or other counsellor who is representing the applicant have timely access to the summary.
Amendment 502 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevantall procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representativea guardian shall have access to the content of the relevant documents in the applicant’s file including the specific leafletinformation material for unaccompanied minors. The guardian shall be appointed as soon as possible but at the latest within 5 days from the date of arrival.
Amendment 506 #
The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercising their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child.
Amendment 507 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the minor’s well-being and social development, taking into particular consideration his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services;
Amendment 511 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of human traffickingany form of violence and exploitation, including trafficking in human beings;
Amendment 513 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) the guarantee of a handover to a designated guardian in the receiving Member State;
Amendment 514 #
Proposal for a regulation
Article 8 – paragraph 3 – point c b (new)
Article 8 – paragraph 3 – point c b (new)
(cb) the information provided by the guardian in the Member State where the minor is present.
Amendment 515 #
Proposal for a regulation
Article 8 – paragraph 3 – point c c (new)
Article 8 – paragraph 3 – point c c (new)
(cc) situations of vulnerability, including abuse, trauma, specific health needs and disability.
Amendment 519 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of allocationAny decision on the Member State responsible or, where applicable, on the Member State of allocation concerning an unaccompanied minor shall be preceded by a multidisciplinary assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3 and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility. The multidisciplinary assessment shall involve competent staff with expertise in child rights, psychology and development and shall involve, at a minimum, the minor's guardian and legal advisor or counsellor. Before any transfer of an unaccompanied minor takes place, the transferring Member State shall make sureobtain individual guarantees that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor to another Member State shall be preceded by an assessment of his/ or her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration, carried out by the competent judicial or administrative authority according to the national law of the Member State.
Amendment 537 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The criteria for determining the Member State responsible shall be applied only once, in the order in which they are set out in this Chapter.
Amendment 544 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. In view of the application of the criteria referred to in Articles 10a to 14a and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 546 #
Proposal for a regulation
Article 10
Article 10
Amendment 563 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Family members 1. If a family member of the applicant, irrespective of the fact that the family already existed in the country of origin, is a national of a Member State, or is a third country national authorized by a Member State to stay in its territory as an asylum seeker, or as holder of any residence permit issued under EU law or national law of that Member State for a period of one year or longer, such Member shall be responsible for examining the application for international protection. The persons concerned must express their consent in writing. 2. Where the applicant is an unaccompanied minor, the determining Member State shall always conduct a previous assessment of the best interests of the minor. 3. Where the applicant is an unaccompanied minor and family members as referred to in paragraph 1 stay in more than one Member State, the Member State responsible shall be decided on the basis of what is in the best interests of the unaccompanied minor, after having heard his or her opinion. 4. The identification of family members and the criteria for establishing the existence of proven family links are established according to the procedure described in Article 24.
Amendment 565 #
Proposal for a regulation
Article 11
Article 11
Amendment 568 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Relatives 1. If a relative of the applicant is a national of a Member State, or is a third country national authorized by a Member State to stay in its territory as an asylum seeker, or as holder of any residence permit issued under EU law or national law of that Member State for a period of one year or longer, such Member shall be responsible for examining the application for international protection, subject to the following conditions: - the persons concerned must express their consent in writing; - it is established, based on an individual examination, that the relative can take care of the applicant until the final decision on his or her claim for international protection [under Article 4 (d) of proposal for a new Procedures Regulation, 2016/0224 (COD)].
Amendment 569 #
Proposal for a regulation
Article 12
Article 12
Amendment 573 #
Proposal for a regulation
Article 14
Article 14
Amendment 582 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a Meaningful links with a Member State 1. An applicant shall be allocated to a Member State other than the one where he or she first has lodged his or her application for international protection, where the former State is determined according to one of the following situations: a) a sponsor expresses the intention and holds the capacity to take care of the applicant until the final decision on his or her claim for international protection [under Article 4 (d) of proposal for a new Procedures Regulation, 2016/0224 (COD)] and can cover the travel costs to the country of nationality in the case that the claim is not accepted with a final decision and a return decision is adopted; b) the Member State has released to the applicant a valid residence document, or the applicant held in the past a residence document for a stay not inferior to one year in that country for work, study or research purposes. This does not apply if the residence document was revoked or not renewed for reasons of public security or public order; c) the applicant holds academic or professional diplomas or qualifications released by the authorities of one Member State, or by a third State in the framework of programs of international cooperation in the field of education or training managed, promoted or financed by a Member State, including but not limited to bilateral agreements of mutual recognition of diplomas or qualifications. d) the applicant holds a satisfactory knowledge of one of the official languages of a Member State, to be ascertained through certificates or a linguistic test. 2. The assessment of the recurrence of the requisites spelled in paragraph 1 is conducted according to the procedure described in Article 24. 3. A delegated act adopted according to the procedure described in Article 57(2) shall determine: - the formalities and the eligibility requisites to be satisfied by a sponsor under paragraph 1(a), and the other necessary implementing measures; - the implementing measures for the situations under paragraph 1(b), 1(c), 1(d).
Amendment 585 #
Proposal for a regulation
Article 15
Article 15
Amendment 597 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Fallback criterion 1. If the conditions laid down in Articles 10a to 14a are not met, the determining State shall consult the automated system referred to in Article 44(1) in order to identify the Member States with the lowest number of applicants in proportion to their share of the fair distribution. 2. Applicants shall choose the Member State responsible among the 5 Member States with the lowest number of applicants in proportion to their share of the fair distribution at the moment when the determining State consulted the automated system.
Amendment 598 #
Proposal for a regulation
Article 16
Article 16
Amendment 600 #
Proposal for a regulation
Article 17
Article 17
Application in an international transit Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be responsible for examining the application.rticle 17 deleted area of an airport
Amendment 646 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The process of determining the Member State responsible shall start as soon as an application for international protection is first lodged with a Member State , provided that the Member State of first application is not already the Member State responsible pursuant to Article 3(4) or (5) .
Amendment 653 #
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 1 (new)
Article 21 – paragraph 5 – subparagraph 1 (new)
That obligation shall cease where the Member State responsible can establish that the applicant has in the meantime left the territory of the Member State for a period of three months or has obtained a residence document from another Member State. An application lodged after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 668 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. The automated system referred to in Article 44(1) shall indicate in real time:
Amendment 677 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Amendment 680 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
The Member State with which an application for international protection has been lodged shall conduct a procedure to ascertain the occurrence of prima facie indications to determine the Member State responsible in accordance with Article 10a, 11a, 12a or 14a.
Amendment 682 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
Amendment 685 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Amendment 687 #
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
Amendment 688 #
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
Amendment 689 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. In establishing whether there are sufficient indications that the applicant has the relevant connections in the Member State he or she claims the determining Member State shall ensure that the applicant has understood the applicable definition of family members, of relatives and of the other meaningful links as spelled out in Article 14a. The determining State shall also ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State.
Amendment 690 #
Proposal for a regulation
Article 24 – paragraph 2 b (new)
Article 24 – paragraph 2 b (new)
2 b. The determining Member State shall ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members, relatives or other meaningful links under Article 14a, unless such a claim can be verified by that Member State. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members, of relatives or of other meaningful links under Article 14a in the Member State indicated by the applicant it shall be concluded that, prima facie, there are sufficient indications that such Member State is the competent one.
Amendment 691 #
Proposal for a regulation
Article 24 – paragraph 2 c (new)
Article 24 – paragraph 2 c (new)
2 c. If it is determined pursuant to paragraph 1 and 2 that a Member State is, prima facie, responsible in accordance with Article 10a, 11a, 12a or 14a, the determining Member State shall notify the Member State responsible thereof and the applicant shall be transferred to that Member State.
Amendment 692 #
Proposal for a regulation
Article 24 – paragraph 2 d (new)
Article 24 – paragraph 2 d (new)
2 d. The Member State receiving an applicant in accordance with the procedure referred to in paragraph 3 shall make the determination of whether the conditions for establishing its responsibility in accordance with Article 10a, 11a, 12a or 14a are met. If it is determined that such conditions reunification are not met the receiving Member State shall ensure that the applicant is relocated to another Member State in accordance with the procedure laid down in Article 24a.
Amendment 693 #
Proposal for a regulation
Article 24 – paragraph 2 e (new)
Article 24 – paragraph 2 e (new)
2 e. The authorities responsible of the Member State where the applicant claims to have family members, relatives or other meaningful links, shall assist the competent authorities of the determining Member State in confirming the links to the Member State.
Amendment 694 #
Proposal for a regulation
Article 24 – paragraph 2 f (new)
Article 24 – paragraph 2 f (new)
2 f. A delegated act adopted under Article 57 shall establish a list of prima facie indications on which the presumption according to Article 24(2d) shall be based. In doing so, the delegated act shall make it clear that the absence of official documents released by the State of origin cannot be per se the sole reason for declaring not satisfied a certain requirement and that other evidence should be admitted, including statements coming from international organizations.
Amendment 732 #
Proposal for a regulation
Article 28 – paragraph new4
Article 28 – paragraph new4
Amendment 735 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Where no transfer decision referred to in paragraph 1 is taken, Member States shall provide for an effective remedy before a court or tribunal, where the applicant claims that a family member or, in the case of unaccompanied minors, a relativnother Member State is responsible for examining the application. The person concerned may exercise his legally present in a Member State other than the one which is examining his or her right to such an effective remedy as of the day after the deadline for notifying the transfer decision in accordance with Article 27(1) and within a period of 15 days therefrom. For ther application for international protection, and considers therefore that other Member State as Member State responsible for examining the application purpose of exercising the right to an effective remedy in accordance with this paragraph, Member States shall notify the applicant in writing that a transfer decision has not been taken within the deadline for the notification of the transfer decision in accordance with Article 27(1).
Amendment 737 #
Proposal for a regulation
Article 28 – paragraph new6
Article 28 – paragraph new6
new6. Without prejudice to the applicant's right to choose his or her own legal advisor or other counselor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation and, where necessary, to linguistic assistance and intercultural mediation, at all stages of the procedure provided for in this Regulation.
Amendment 742 #
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 1
Article 28 – paragraph 7 – subparagraph 1
Member States shall ensure that legal assistance is granted on request free of charge where the person concerned cannot afford the costs involved. Member States may provide that, as regards fees and other costs, the treatment of applicants shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.
Amendment 748 #
Proposal for a regulation
Article 29
Article 29
Amendment 772 #
Proposal for a regulation
Chapter 7 – title
Chapter 7 – title
Corrective allocation mechanism
Amendment 781 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocationcorrective mechanism referred to in this Chapter shall be applied for the benefit of a Member State, where that Member State is confronted with a disproportionateresponsible for a number of applications for international protection founder wthich it is the Member State responsible under this Regulations Regulation that is higher than the reference number for that Member State.
Amendment 786 #
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. During the application of the mechanism in accordance with paragraph 1, the benefitting Member State shall be relieved of its obligations under Article 20. The determining Member State shall continue to examine the criteria set out in Chapter III in order to establish whether another Member State can be designated as responsible.
Amendment 791 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 15075% of the reference number for that Member State as determined by the key referred to in Article 35.
Amendment 810 #
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
6. Upon the notification referred to in paragraph 5, the allocationcorrective mechanism shall apply.
Amendment 853 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they arttribution of competences under Articles 10a and 14a shall be adjusted in the following terms: - if more Member States would be responsible under Article 10a or 14a, applicants shall be able to choose the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. - if there is not another Member State that could be responsible under Article 10a or 14a, the responsible Member State shall be awarded a financial contribution under Article 37.
Amendment 855 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to inWhere the threshold referred to in Article 34(2) is reached, the attribution of competence under Article 34(5)11a shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible;djusted in the following terms: - if more Member States would be responsible under Article 11a, the one which is under its share shall become the competent State; - if there is not another Member State that could be responsible under Article 11a, the responsible Member State shall be awarded a financial contribution under Article 37.
Amendment 858 #
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Where the threshold referred to in Article 34(2) is reached, the attribution of competence under Article 12a shall be adjusted in the following terms: - if the minor expressed the desire to be allocated to another Member State which is under its share and this is not against his/her best interest, this State becomes the competent State; - if the minor does not express any preference, the State competent under Article 12a shall be awarded a financial contribution under Article 37.
Amendment 860 #
Proposal for a regulation
Article 36 – paragraph 2 b (new)
Article 36 – paragraph 2 b (new)
Amendment 861 #
Proposal for a regulation
Article 36 – paragraph 2 c (new)
Article 36 – paragraph 2 c (new)
2c. Where according to 36(2b) the benefiting State refuses to assume competence, and no other Member State could be responsible or accepts responsibility under Article 19 (2a), Article 16 shall apply.
Amendment 863 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 865 #
Amendment 886 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A Member State may, at the end of the three-month period after the entry into force of this Regulation and at the end of each twelve-month period thereafter, enter in the automated system that it will temporarily not take part which under Article 35 is obliged to retain competence or voluntarily assumes it, notwithstanding the corrective allocation mechanism set out in Chapter VII of this Regulation as a Member State of allocation and notify this to the Member States, the Commission and the European Union Agency for Asylumfulfilment of its share, shall receive a lump sum of 10.000 euros by the general budget of the Union for any applicant exceeding its share.
Amendment 893 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The automated system referred to in Article 44(1) shall in that case apply the reference key during this twelve- month periodcosts to transfer an applicant to those Member States with a number of applications for which they are the Member States responsible below their shar under the corrective mechanism by the pEursuant to Article 35(1), with the exception of the Member State which entered the informatopean Union Agency for Asylum shall be met by the general budget of the Union, as well as the benefitting Member State. The automated system referred to in Article 44(1) shall count each application which would have otherwise been allocated to the Member State which entered the information pursuant to Article 36(4) for the share of that Member Statend be refunded by a lump sum of EUR 300 for each person transferred pursuant to Article 38(c).
Amendment 899 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 979 #
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43 a Relationship with Regulation (EU) 2016/1624 Any measures taken in accordance with Article 19(1) of Regulation (EU) 2016/1624 shall be without prejudice to the application of the present Regulation.
Amendment 997 #
Proposal for a regulation
Article 52
Article 52
Amendment 1012 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
Regulation (EU) No 604/2013 is repealed for the Member States bound by this Regulation as concerns their obligations in their relations between themselves.