10 Amendments of Tanja FAJON related to 2011/0138(COD)
Amendment 2 #
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation establishes a visa safeguard clause allowing the rapid, temporary suspension of the visa waiver for a third country on the positive list in case of an emergency situation, where an urgent response is needed in order to resolve the difficulties faced by one or more Member Stateat least three Member States or where there is an average rise throughout the EU as a whole of more than 5 % of certain benchmark figures relating to numbers of illegally staying third-country nationals, of rejected asylum applications and of rejected readmission applications, and taking account of the overall impact of the emergency situation on the European Union as a whole.
Amendment 4 #
Proposal for a regulation
Article 1 - point 2
Article 1 - point 2
Regulation EC No 539/2001
Article 1a - paragraph 1
Article 1a - paragraph 1
1. Paragraphs 2 to 5 of this Article shall apply in the event of one or morat least three Member States being confronted by an emergency situation characterised by the occurrence of any of the following, or in the event that the average rise in the following benchmarks throughout the EU as a whole exceeds 5 %: (a) a sudden increase of at least 5066 %, over a six month period, in the number of nationals of a third country listed in Annex II found to be illegally staying in the Member State's territory, in comparison with the previous six monsame period in the periodrevious year; (b) a sudden increase of at least 5066 %, over a six month period, in comparison with the previous six monsame period in the periodrevious year, in the number of asylum applications from the nationals of a third country listed in Annex II for which the recognition rate of asylum applications was less than 3% over that previous six month period; (c) a sudden increase of at least 5066 %, over a six month period, in the number of rejected readmission applications submitted by a Member State to a third country listed in Annex II for its own nationals, in comparison with the previous six monsame period in the periodrevious year.
Amendment 5 #
Proposal for a regulation
Article 1 - point 2
Article 1 - point 2
Regulation EC No 539/2001
Article 1a - paragraph 1 a (new)
Article 1a - paragraph 1 a (new)
(1a) The application of those criteria shall be conditional on the prior definition by the Commission of a proposal for common statistical parameters to define the illegal entry and readmission rejection rates and on the adoption of a recast directive on common procedures for granting and withdrawing international protection.
Amendment 6 #
Proposal for a regulation
Article 1 - point 2
Article 1 - point 2
Regulation EC No 539/2001
Article 1a - paragraph 2
Article 1a - paragraph 2
2. A Member State which is confronted by any of the emergency situations described in paragraph 1 may notify the Commission. This notification shall be duly motivated and shall include relevant data and statistics as well as a detailed explanation of all the preliminary measures that the Member State concerned has taken with a viewto prevent its system from being easily abused, after having taken all other measures to remedying the situation.
Amendment 7 #
Proposal for a regulation
Article 1 - point 2
Article 1 - point 2
Regulation EC No 539/2001
Article 1a - paragraph 3
Article 1a - paragraph 3
3. The Commission shall inform the European Parliament and the Council without delay of the notification received by the Member States concerned and examine the notification taking into account the number of Member States affected by any of the situations described in paragraph 1 and the overall impact of the increases on the migratory situation in the Union as the latter appears from the data provided by the Member States as well as from reports prepared by FRONTEX and/or the European Asylum Support Office, and, within three months following receipt thereof, the Commission shall send the results of its examination to the European Parliament and the Council, which shall have one week in which to give their consent , after which the Commission may adopt an implementing decision suspending the exemption of visa requirement for the nationals of the third country concerned for a period of six months. The implementing decision shall be adopted in accordance with the procedure referred to in Article 4a (2). The implementing decision shall determine the date on which the suspension of the exemption of visa requirement is to take effect.
Amendment 28 #
Proposal for a regulation
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Regulation (EC) No 539/2011
Article 1 – paragraph 4
Article 1 – paragraph 4
(b) in paragraph 4 point (c) is replaced by the following: is replaced by the following: 4. Where a third country listed in Annex II introduces, reintroduces or maintains a visa requirement for nationals of a Member State, the following provisions shall apply: (ca) within 90 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the European Parliament and the Council. The report may be accompanied by a proposal providing for the temporary restoration of the visa requirement for nationals of the third country in question. The Commission may also presof such introduction, or its announcement or, in cases where the requirement is maintained, within 90 days of the date of entry into force of this Regulation, the Member State concerned shall notify the European Parliament, the Council and the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union. The notification shall specify the date of implementation of the measure and the type of travel documents and visas concerned. If the third country decides to lift the visa obligation before the expiry of this deadline, the notification becomes superfluous; (b) the Commission shall, immediately following the date of publication of that notification and in consultation with the Member State concerned, take steps with the authorities of the third country in order to restore visa-free travel and shall inform the European Parliament and the Council about the status of the negotiations at the earliest opportunity; (c) within 45 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the European Parliament and the Council. If within 45 days of the date of publication of that notification, the third country concerned has not lifted the visa requirement, the Commission, in consultation with that Member State, shall propose the restoration of the visa requirement for nationals of the third country in question. If within 90 days of the date of publication of that notification, the third country has not lifted the visa requirement, this proposal after deliberations in the European Parliament and the Council on its report. Te Commission's proposal providing for the restoration of the visa requirement for nationals of the third country in question shall be deemed to have been adopted, unless the Council, acting by qualified majority, and the European Parliament, and the Council shall act on such proposcting by absolute majority, decide to reject the proposal beforehand. (d) where the third country in question abolishes the visa requirement, the Member State shall immediately notify the Council and the Commission to that effect. The notification shall be published in the C series of the Official Journal byof the ordinary legislative procedureEuropean Union. Any measure decided upon under subparagraph (c) shall terminate seven days after the publication in the Official Journal of the European Union. In case the third country in question has introduced a visa requirement for nationals of two or more Member States, the measure will only terminate after the last publication.
Amendment 34 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 1 – point (a)
Article 1a – paragraph 1 – point (a)
(a) a sudden increase of at least 50%and substantial increase, which has a serious impact on the overall migratory situation in the Member States concerned, over a six month period, in the number of nationals of a third country listed in Annex II found to be illegally staying in the Member State's territory, in comparison with the previous six monsame period in the periodrevious year;
Amendment 38 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 1 – point (b)
Article 1a – paragraph 1 – point (b)
(b) a sudden increase of at least 50%and substantial increase, which has a serious impact on the overall asylum system in the Member States concerned, over a six month period, in comparison with the previous six monsame period in the periodrevious year, in the number of asylum applications from the nationals of a third country listed in Annex II for which the recognition rate of asylum applications was less than 3% over that previous six month period;
Amendment 41 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
COM(2011)0290
Article 1a – paragraph 1 – point c
Article 1a – paragraph 1 – point c
(c) a sudden increase of at least 50%and substantial increase, which has a serious impact on the overall migratory situation in the Member States concerned, over a six month period, in the number of rejected readmission applications submitted by a Member State to a third country listed in Annex II for its own nationals, in comparison with the previous six monsame period in the periodrevious year.
Amendment 46 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 3
Article 1a – paragraph 3
3. The Commission shall inform the European Parliament and the Council without delay of the notification received by the Member States concerned and examine the notification taking into account the number of Member States affected by any of the situations described in paragraph 1 and the overall impact of the increases on the migratory situation in the Union as the latter appears from the data provided by the Member States as well as from reports prepared by FRONTEX and/or the European Asylum Support Office, and, within three months following receipt thereof, the Commission shall send the results of its examination to the European Parliament and the Council, which shall have a maximum one month in which to express their position, after which the Commission may adopt an implementing decision suspending the exemption of visa requirement for the nationals of the third country concerned for a period of six months. The implementing decision shall be adopted in accordance with the procedure referred to in Article 4a (2). The implementing decision shall determine the date on which the suspension of the exemption of visa requirement is to take effect.