141 Amendments of Sylvie GUILLAUME related to 2016/0133(COD)
Amendment 127 #
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 cooperation with the relevant authorities of the Member States. The Agency should gradually become responsible for the transfer of applicants for, or beneficiaries of, international protection under this Regulation.
Amendment 141 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 154 #
Proposal for a regulation
Recital 19
Recital 19
(19) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings, the grandparents of the applicant or beneficiary of international protection and the grandchildren of the applicant. Reuniting siblings the grandparents of the applicant or beneficiary of international protection and the grandchildren of the applicant is of particular importance for improving the chances of integration of applicants and hence reducing secondary movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some secondary movements of asylum seekers within the EU.
Amendment 162 #
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 her application for international protection, unless it is demonstrated that this would not be in the best interests of the childWhen the applicant is a minor who is accompanied by a parent, an adult sibling or another adult responsible for the minor, the legal presence of another parent or adult responsible for him or her in a Member State should also become a binding responsibility criterion. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure thatobtain individualised guarantees from thate Member State where the minor will be transferred 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 transferon responsibility in accordance with this Regulation concerning an unaccompanied minor should be preceded by an multidisciplinary assessment of his/her best interests by staff with the necessary qualifications and expertise. which shall involve, at a minimum, his or her guardian and legal advisor or counsellor
Amendment 165 #
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 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 170 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements betweenits swift implementation, procedures should be put in place to ensure the cooperation of applicants and Member States, wit is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are coverh a clear system of incentives and disincentives to ensure compliance. It is also necessary to ensure that all applicants are appropriately informed of the application of this Regulation. The support and protection of minors, in particular unaccompanied minors, should be strengthened.
Amendment 178 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to increase applicants' understanding of the functioning of the Common European Asylum System (CEAS) it is necessary to significantly improve the provision of information. Investing in the early provision of accessible information to applicants will greatly increase their possibilities to understand, accept and follow the procedures of this Regulation. In order to reduce the administrative requirements and make effective use of common resources the European Union Asylum Agency should develop suitable information material, in close cooperation with the national authorities. The Agency should make full use of modern information technologies when developing that material. In order to properly assist asylum seekers the Agency should also develop audio-visual information material that can be used as a complement to written information materials. The Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants designed to counter the often incorrect information provided to them by smugglers. The information material developed by the Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in Europe.
Amendment 183 #
(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 examine his or her asylum application; of his or her obligations under this Regulation and of the consequences of not complying with them and of the possibility of presenting all further information which is relevant for correctly determining the Member State responsible before a final decision is taken, including the presence of family members or relatives in the Member States, and the existence of meaningful links with a Member State. The applicant should also be informed of all his or her rights, including the right to an effective remedy and legal assistance. When the applicant is a minor, the interview has to be conducted in a child- friendly manner and with the presence of a guardian and, where applicable, the legal advisor or counsellor. The person conducting the interview shall be qualified and competent to take account of the personal and general circumstances surrounding the applicant.
Amendment 191 #
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 196 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 202 #
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 limited to exceptional cases and for as short a period as possible and subject to the principles of necessity and proportionality. Minors shall never be detained. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention and which shall fully respect the person's fundamental rights. 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 detained on the basis of this Regulation.
Amendment 209 #
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 shoppingfacilitate implementation of this Regulation. 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 230 #
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 threshold, 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 whichorder to implement the principles of solidarity and fair sharing of responsibility on asylum among Member States enshrined in Article 80 TFEU. The application of the allocation mechanism should be permanent and automatic, whenever a Member State is responsible exceeds 150% of the figurcould not be identified in the reference keytermined according to the criteria set out in Chapter III and IV 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 which the Member State is responsible, for the purposes of this calculation.
Amendment 239 #
Proposal for a regulation
Recital 33
Recital 33
(33) When the allocation mechanism applies, the applicants who lodged their applications in the benefittdetermining Member State should be allocated to 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 deterexamine the Member State responsible, andapplication, unless new elements demonstrates that another Member State should become responsible for examining the application, unless the overriding responsible criteria, relateaccording to the criteria set out in Chapter III and IV of this Regulation, and in particular those related to the presence of family members, determine that a different Member State should be responsible.
Amendment 240 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Member State should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. With a view to avoid costly and time-consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light family reunification procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria to allow them to be reunited with family members in a particular Member State.
Amendment 251 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 272 #
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 a common vulnerability certificate, including relevant information on the follow-up of cases with traumatic background; 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 283 #
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 Regulation.
Amendment 286 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down the criteria and mechanisms for determining the single Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (‘the Member State responsible’).
Amendment 289 #
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 292 #
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 295 #
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 Person who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;
Amendment 305 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor childrensons and daughters 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 309 #
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 presentthe mother and the father of the applicant or beneficiary of international protection,
Amendment 315 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
- when theif the applicant or beneficiary of international protection is a minor and unmarried, the famother, mothe father or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
Amendment 327 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 a (new)
Article 2 – paragraph 1 – point g – indent 5 a (new)
- the grandparents of the applicant or beneficiary of international protection;
Amendment 328 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 b (new)
Article 2 – paragraph 1 – point g – indent 5 b (new)
- the grandchildren of the applicant;
Amendment 330 #
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 grandparentcousin 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 332 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensursafeguarding the best interests of the child and exercising legal capacity fhis or the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor, in accordance with this Regulationr general well-being in all procedures provided for in this Regulation and exercising legal capacity for the minor where necessary;
Amendment 344 #
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 frombased on a person's need for international protection by the United Nations High Commissioner for Refugees (‘'UNHCR’) based on a person’s need for international protection') or by other entities or sponsors having concluded a dedicated agreement with the relevant Members State's authorities, 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 353 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter III, IV and VII indicate is responsible.
Amendment 358 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining itshall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 362 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants applicant's fundamental rights would be violated in that Member State, resulting in 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 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 364 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Where the transfer cannot be made pursuant to this paragraph to any Member State designated on the basis of the criteria set out in Chapter III or to the first Member State with which the application was lodged, the determining Member State shall become the Member State responsible, the Member State responsible shall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 371 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 376 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 385 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 397 #
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 Statesll 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 submitted at any stage of the procedure, provided 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, other elements provided by the applicant shall exceptionally be taken into consideration if the delay in submitting them is due to force majeure.
Amendment 406 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 417 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 428 #
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(27 ( Proposal for the Asylum Procedures Regulation ) 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 430 #
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 within the allocation mechanism under the terms of Chapter VII.
Amendment 433 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) of the right for the applicant to provide information about the presence in any Member State of meaningful links relevant under the provisions of Chapter VII of this Regulation
Amendment 435 #
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 439 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) of the provisions relating to family reunification, including the possibility provided by Article 13a, and in this regard on the applicable definition of family members and relatives as well as of the need for the applicant to disclose early in the procedure any relevant information that can help to establish the whereabouts of family members or relatives present in other Member States, as well as any assistance that the Member State can offer with regard to the tracing of family members, relatives, or other family relations.
Amendment 445 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) of the purpose of the personal interview pursuant to Article 7 and the obligation of submitting and substantiating information regarding the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such informations well as what information the applicant will be asked to submit for the purpose of determining responsibility, including for the application of the discretionary clause;
Amendment 450 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility and modalities 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 453 #
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) of the right to request free legal assistance and representation at all stages of the procedure.
Amendment 459 #
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 understandand in an easily understandable form. Specific material should be provided for minors. Member States shall use the common leafletinformation material drawn up pursuant to paragraph 3 for that purpose. 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.
Amendment 467 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall, by means of implementing actEuropean Asylum Agency shall, in close cooperation with the responsible national agencies, draw up a common leaflet, as well as a specific leaflet for unaccompanied minors,information materials containing at least the information referred to in paragraph 1 of this Article. Thisat common leafletinformation material shall also include information regarding the application of Regulation (EU) [Proposal for a Regulation recasting Regulation No 603/2013] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common leafletinformation material shall include information on Member States for the purposes of the allocation mechanism under Chapter VII, and shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2) of this Regulatione European Asylum Agency shall create specific information material intended particularly for the following target groups: a) adult applicants; b) unaccompanied minors; c) accompanied minors.
Amendment 470 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. 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, at least every two weeks. 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 an implementing act 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 475 #
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 480 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The Member State may dispense with the personal interview where the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible. The Member State dispensing with the interview shall give the applicant the opportunity to present all further information which is relevant for correctly determining the Member State responsible before a final decision is taken to transfer the applicant to the Member State responsible pursuant to Article 30(1). In the period between the final decision and the actual transfer to a designated Member State, Member States shall exceptionally take into consideration other elements provided by the applicant if the delay in submitting them is due to force majeure.
Amendment 481 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The personal interview shall take place in a timely manner and, in any event, before any take charge request pursuant to Article 24 is madedecision on the substance is taken.
Amendment 482 #
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 able to communicate. When the applicant is a minor, the personal interview shall be conducted in a child-friendly manner and with the presence of the guardian and, where applicable, the 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.
Amendment 487 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past. The applicant may request to be interviewed and assisted by personnel of the same sex, provided that this is possible.
Amendment 492 #
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 guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 501 #
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 materials for unaccompanied minors. The guardian shall be appointed as soon as possible, but at the latest within five days from the making of the application.
Amendment 504 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
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 exercise 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. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.
Amendment 517 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. situations of vulnerability, including abuse, trauma, specific health needs and disability;
Amendment 518 #
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. the need for decisions concerning children to be treated with priority;
Amendment 520 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor toAny decision on the Member State responsible or, where applicable, ton the Member State of allocation, the transf concerrning Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures refean unaccompanied minor shall be preceded by a multidisciplinary assessment of his/her best interests, carried 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 shall be preceded by an assessment of his/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 enout by the competent judicial or administrative authorities according to the national law of the Member State. 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, the transferring Member State shall make sure that the best inMember State restsponsible ofr the minor are taken into considerationMember 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.
Amendment 527 #
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1
Article 8 – paragraph new5 – subparagraph 1
For the purpose of applying Articles 10 and 19, the Member State where the unaccompanied minor lodgedmade an application for international protection shall, as soon as possible, take appropriate action to identify the family members or, relatives or any other family relativeons of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 533 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Commission shall, by means of a delegated act in accordance with this Article lay down the rules and procedures with regards to the transnational cooperation for the assessment of the best interests of the child. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 5 of this Article, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 535 #
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 III, IV and VII of this Regulation.
Amendment 542 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Member State responsible in accordance with the criteria set out in thisese Chapters shall be determined on the basis of the situation obtaining when the applicant first lodged his or her application for international protection with a Member State.
Amendment 545 #
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 10 to 13a 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 549 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, provided that it isunless it is demonstrated that this is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member Statesinor, the Member State responsible shall be the Member State where the father, mother, grandparent or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 552 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her appliand if no other criteria set out in Chapter III and IV apply, including Articles 19 and 20, the Member State responsible shall be determined by the allocation mechanism set out in Chapter VII, provided that the minor should be always granted the choice among the Member States of possible allocation faccor dinternational protection, unless it is demonstrated that this is not in the best interests of the minorg to Article 36c. Any decision on the Member State responsible should be preceded by a multidisciplinary assessment of the best interests of the minor, including in case of allocation.
Amendment 559 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 564 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Family member in a Member State Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin , who is a third country national with a long-term residence permit residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 571 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) responsibility for examining the applications for international protection of all the family members and/or minor unmarried siblings shall lie with the Member State which the criteria indicate is responsible for taking charge of the largest number of them;
Amendment 572 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Family reunification procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indications that they are likely to have the right to family reunification in accordance with Articles 10, 11, 12 or 13. 2. In establishing whether there are sufficient indications that the applicant has family 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 and/or relatives and ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State. The determining Member State shall also 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 and/or relatives 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 and/or relatives in the Member State indicated by the applicant it shall be concluded that, prima facie, there are sufficient indications that the applicant has family members and/or relatives in that Member State in order to meet the requirements of paragraph 1. 3. If it is determined pursuant to paragraph 1 and 2 that an applicant likely has, prima facie, the right of family reunification in accordance with Articles 10, 11, 12 or 13 the determining Member State shall notify the Member State concerned thereof and the applicant shall be transferred to that Member State. 4. The Member State receiving an applicant in accordance with the procedure referred to in paragraph 4 shall make the determination of whether the conditions for family reunifications in accordance with Article 10, 11, 12 or 13 are met. If it is determined that the conditions for family reunification are not met the receiving Member State shall ensure that the applicant is relocated to another Member State in accordance with the procedure in article 24a. 5. The authorities responsible of the Member State where the applicant claims to have family members and/or relatives present shall assist the authorities responsible of the determining Member State with answering any questions aimed at clarifying whether the alleged family links are correct. The absence of official documents issued by the State of origin cannot be the only reason for not declaring satisfied the requirements for family reunification, and other evidence should also be admitted, including the declarations from international organizations. 6. For the purposes of the procedures provided for in this Article, the Commission shall adopt an implementing act regarding the evidentiary requirements to prove relevant family links, including the type of proof or evidence required, including partial documentation issued by the State of origin or declarations from international organisations. A different understanding of such proof or evidence between the determining Member State and the Member State receiving the applicant shall not result in the applicant being subject to the procedure under Article 24a.
Amendment 587 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 596 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Where it is established, on the basis of proof or circumstantial evidence, that an applicant has crossed the border into the Member State where the application was lodged having come through another Member State, the Member State responsible for examining the application for international protection shall be determined in accordance with the procedure in Article 24a.
Amendment 601 #
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 determining the Member State responsible for examining the application according to the criteria set out in Chapter III, IV and VII..
Amendment 602 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Centralised allocation mechanism When it is not possible to determine a Member State responsible according to the previous criteria under Chapters III and Articles 18, 18a and 19 do not apply, the Member State responsible shall be determined with the allocation mechanism set out in Chapter VII of this Regulation.
Amendment 603 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where, on account of pregnancy, a new-born child, serious illness, severe disability or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed in the country of originbefore the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing. When the applicant is affected by a serious disease or inability and it is not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, Member States shall normally keep the applicant on the territory of the Member State in which the applicant is present, if the person concerned expressed his desire in writing.
Amendment 612 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 633 #
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) take back, under the conditions laid down in Articles 26 and 30if a beneficiary of international protection, who made makes an application in another Member State than the Member State responsible which granted that protection status or who is on the territory of another Member State than the Member State responsible which granted that protection without a residence document, the Member State where he or she made the application should recognize its status of beneficiary of international protection granted by the other Member State.
Amendment 635 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In a situation referred to in point (a) or (b) of paragraph 1, the Member State responsible shall examine or complete the examination of the application for international protection.
Amendment 637 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 639 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In a situation referred to in point (c)the cases falling within the scope of paragraph 1,(c), when the Member State responsible shall treat any further representations or a new application by the applicanthad discontinued the examination of an application following its withdrawal by the applicant before a decision on the substance has been taken at first instance, that Member State shall ensure that the applicant is entitled to request that the examination of his or her application be completed or to lodge a new application for international protection, which shall not be treated as a subsequent application in accordance withas provided for in Directive 2013/32/EU. In such cases, Member States shall ensure that the examination of the application is completed.
Amendment 641 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. In a situation referred to in point (d) of paragraph 1, twhe decision taken by the responsible authority of the Member State responsible to reject the application shall no longer be subject to a remedy within the framework of Chapter Vre the applicant has been rejected at first instance only, the Member State responsible shall ensure that the person concerned has or has had the opportunity to seek an effective remedy pursuant to Article 46 of Directive 2013/32/EU.
Amendment 644 #
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Cessation of responsibilities 1. Where a Member State issues a residence document to the applicant, the obligations specified in Article 20(1) shall be transferred to that Member State. 2. The obligations specified in Article 20(1) shall cease where the Member State responsible can establish, when requested to take charge or take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. 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. 3. The obligations specified in Article 20(1)(c) and (d) shall cease where the Member State responsible can establish, when requested to take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member States in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. An application lodged after an effective removal has taken place shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 651 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. An applicant who is present in another Member State without a residence document or who there lodges an application for international protection after withdrawing his or her first application made in a different Member State during the process of determining the Member State responsible shall be taken back, under the conditions laid down in Articles 26 and 30, by the Member State with which that application for international protection was first lodged, with a view to completing the process of determining the Member State responsible. That obligation shall cease where the Member State requested to complete the process of determining the Member State responsible can establish that the applicant has in the meantime left the territory of the Member States for a period of at least three months or has obtained a residence document from another Member State. An application lodged after the period of absence referred to in the second subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 656 #
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) where applicable, links to the applications of family members or relatives travelling together;, relatives or groups of applicants requesting to be registered as travelling together; without prejudice to the right of individual examination of each application and with particular attention to avoid drifts especially for asylum seekers expressing intra-familial fears.
Amendment 681 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
If none of the criteria set out in Chapter III and IV apply, the determining Member State should determine the Member State responsible with the allocation mechanism according to the procedure laid down in Chapter VII.
Amendment 686 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Where the request to take charge of an applicant is not made within the periods laid down in the first and second subparagraphs, responsibility for examining the application for international protection shall lie with the Member State in whichbe determined by the applillocation was lodgedmechanism under Chapter VII.
Amendment 696 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Submitting a take charge notification 1. Where an applicant is to be transferred to another Member State pursuant to Article 15 (1a) or Article 13a the Member State of allocation shall be determined randomly by the automated system referred to in Article 44 amongst the Member States according to Article 36c. 2. Once the Member State of allocation has been determined pursuant to paragraph 1, information to that effect shall be automatically entered into Eurodac and the Member State of allocation shall be informed by way of an automatic notification. 3. The Member State where the applicant is present shall inform the applicant of the determination pursuant to paragraph 2 and, in cooperation with the European Asylum Agency, of the modalities for the transfer. 4. The European Asylum Agency shall ensure the swift transfer of the applicant from the Member State where he or she is present to the Member State responsible. 5. The obligations set out in Article 39, 40, 41 and 42 shall apply mutatis mutandis
Amendment 697 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant within one monthtwo weeks of receipt of the request.
Amendment 705 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In a situation referred to in Article 20(1)(b), (c), (d) or (ed) the Member State where the person is present shall make a take back notification at the latest within two weeks after receiving the Eurodac hit, and transfer that person to the Member State responsible .
Amendment 707 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1 a. Where the take back request is not made within the periods laid down in paragraph 2, responsibility for examining the application for international protection shall lie with the Member State in which the new application was lodged.
Amendment 721 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Where the requested Member State accepts to take charge of an applicant , the requesting Member State shall notify the applicant in writing without delin 5 days of the decision to transfer him or her to the Member State responsible and, where applicable, of not examining his or her application for international protection.
Amendment 723 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the applicant or another person referred to in Article 20(1) (c), (d) or (ed) is to be taken back, the Member State where the person concerned is present shall notify the person concerned in writing without undue delay the decision to transfer him or her to the Member State responsible.
Amendment 724 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant or another person as referred to in Article 20(1)(c), (d) or (ed) shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Amendment 726 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall provide for a reasonable period, of 7no less than 15 days, after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 731 #
Proposal for a regulation
Article 28 – paragraph new4
Article 28 – paragraph new4
Amendment 736 #
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 relative is legally present in a Member State other than the one which is examining his or her application for international protection, and considers therefore that nother Member State as Member Stateis responsible for examining the application.
Amendment 739 #
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 adviser or other counsellor 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 at all stages of the procedures provided for in this Regulation.
Amendment 744 #
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 2
Article 28 – paragraph 7 – subparagraph 2
Amendment 745 #
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 3
Article 28 – paragraph 7 – subparagraph 3
Amendment 746 #
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 4
Article 28 – paragraph 7 – subparagraph 4
Amendment 747 #
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 5
Article 28 – paragraph 7 – subparagraph 5
Legal assistance shall include at least the provision of information on the procedure in the light of the applicant´s individual circumstances, assistance in the preparation of relevant documentation and personal interview, including participation in the personal interview as necessary and the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representation. Procedures for access to legal assistance shall be laid down in national law.
Amendment 751 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. When there is a significant risk of absconding,In exceptional cases Member States may detain thea person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment andonly where the applicant has been intercepted after having tried to abscond or where it appears evident on the basis of his or her concrete behavior that he or she intends to abscond, and in any case only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively. Minors shall never be detained.
Amendment 756 #
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1
Article 29 – paragraph 3 – subparagraph 1
Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out, and in any case it shall not exceed 3 months.
Amendment 758 #
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 2
Article 29 – paragraph 3 – subparagraph 2
Amendment 763 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. Detention of applicants shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively.
Amendment 764 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. As regards the detention conditions, which shall fully respect the person´s fundamental rights, and the guarantees applicable to persons detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply.
Amendment 766 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
The determining Member State whose take charge request referred to in Article 20(1) (a) was accepted or who made a take back notification referred to in Article 20(1) (b) to (ed) shall take a transfer decision at the latest within one week of acceptance or notification and transfer the applicant or the person concerned to the Member State responsible.
Amendment 768 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
newThe transfer of the applicant or of another person as referred to in Article 20(1)(c), (d) or (ed) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within four weeks from the final transfer decision .
Amendment 771 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Costs of reception The costs of reception of applicants covered by a determining Member State until the transfer to the Member State responsible (or until the moment in which it assumes responsibility on the application) should be refunded by the general budget of the Union.
Amendment 780 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocation mechanism referred to in this Chapter shall be applied for the benefit ofall the applications for which a Member Sstate, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation responsible could not be determined according to the criteria set out in Chapter III and IV of this Regulation, and also in the cases in which Article 24a applies.
Amendment 787 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 807 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The automated system shall continuously monitor whether any of the Member States is above the threthe number of applications for which a Member State is responsible, to which the number of people effectively resettled to that Member State should referred to in paragraph 2, and if so, notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. be added, and check whether for any of the Member States this number is higher than the respective reference number. If so, the automated system shall notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. No further allocation should be made towards these Member States until the number of applications for which they are responsible (including resettled persons) is below their reference number.
Amendment 808 #
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
Amendment 820 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. For the purpose of the correctiveallocation mechanism, the reference number for each Member State shall be determined by a key.
Amendment 846 #
Proposal for a regulation
Article 36
Article 36
Amendment 867 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Application of the allocation mechanism 1. When it was not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, the determining Member State shall communicate to the applicant that he will be allocated. 2. If the applicant has meaningful links with a Member State, the determining Member State should follow the procedure laid down in Article 36b. 3. When the procedure laid down in Article 36b does not apply, the determining Member State should follow the procedure of Article 36c.
Amendment 869 #
Proposal for a regulation
Article 36 b (new)
Article 36 b (new)
Amendment 870 #
Proposal for a regulation
Article 36 c (new)
Article 36 c (new)
Article 36 c Determination of the Member State of allocation 1. On the basis of the reference key referred to in Article 35, the automated system referred to in Article 44(1) shall indicate the six Member States with the lowest number of applicants relative to their share of the fair distribution. 2. The determining Member State shall consult the automated system and communicate the short list of six Member States to the applicant. The applicant shall be enabled to choose among the six Member States included in the list, within 7 days. For this purpose, the applicant shall receive information on the possible Member States of allocation. The determining Member State shall communicate immediately the choice to the automated system and the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2). 3. When Article 24a applies, the applicant will not be able to make the choice provided by paragraph 2, and the Member State responsible will be determined randomly by the automated system. The automated system shall communicate that information to the determining Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2). 4. In cases of allocation of a minor, under the conditions set by Article 10, the choice provided by paragraph 2 shall always be granted and shall be accompanied by a multidisciplinary assessment of the best interests of the minor.
Amendment 875 #
Proposal for a regulation
Article 37
Article 37
Amendment 926 #
Proposal for a regulation
Article 38 – title
Article 38 – title
Obligations of the benefittdetermining Member State under the allocation mechanism
Amendment 927 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
The benefittdetermining Member State shall:
Amendment 929 #
Proposal for a regulation
Article 38 – paragraph a
Article 38 – paragraph a
(a) take a decision at the latest within one week from the communication referred to in Article 36(4c(2) or (3) to transfer the applicant to the Member State of allocation, unless the benefittdetermining Member State can accept within the same time limit responsibility for examining the application pursuant to the criteria set out in Articles 10 to 13 and Article 18 or 19;
Amendment 936 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) confirm to the benefittdetermining Member State the receipt of the allocation communication and indicate the competent authority to which the applicant shall report following his or her transfer;
Amendment 937 #
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) communicate to the benefittdetermining Member State the arrival of the applicant or the fact that he or she did not appear within the set time limit;
Amendment 938 #
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) examine his or her application for international protection as Member State responsible, unless, new elements demonstrate that according to the criteria set out in Articles 10 to 13 and 16 to 18, a different Member State is responsible for examining the application;
Amendment 945 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Where a transfer decision according to point (a) of Article 38 is taken, the benefittdetermining Member State shall transmit, at the same time and for the sole purpose of verifying whether the applicant may for serious reasons be considered a danger to the national security or public order, the fingerprint data of the applicant taken pursuant to Regulation (Proposal for a Regulation recasting Regulation 603/2013/EU) to the Member State of allocation.
Amendment 946 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 1
Article 40 – paragraph 2 – subparagraph 1
Where, following a security verification, information on an applicant reveals that he or she is for serious reasons considered to be a danger to the national security or public order, information on the nature of the alert shall be fully shared with the law enforcement authorities in the benefittdetermining Member State and shall not be communicated via the electronic communication channels referred to in Article 47(4).
Amendment 947 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 2
Article 40 – paragraph 2 – subparagraph 2
The Member State of allocation shall inform the benefittdetermining Member State of the existence of such alert, specifying the law enforcement authorities in the Member State of application that have been fully informed, and after a joint evaluation of the security risks by the competent authorities of both Member States, the Member State of allocation shall record the existence of the alert in the automated system pursuant to point d of Article 23(2), within one week of receipt of the fingerprints.
Amendment 950 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where the outcome of the security verification confirms that the applicant may for serious reasons be considered a danger to the national security or public order, the benefittdetermining Member State of application shall be the Member State responsible and shallmay examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU.
Amendment 957 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Family members to whom the procedure for allocation applies shall be allocated to the same Member State. In the case of minors, the same applies to relatives or other adults responsible for them.
Amendment 972 #
Proposal for a regulation
Article 43
Article 43
Amendment 986 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39, and for the procedure of Article 36c.
Amendment 991 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 1001 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
By way of derogation from Article 34(2), during the first three months after entry into force of this Regulation, the corrective allocation mechanism shall not be triggered. By way of derogation from Article 34(3), after the expiry of the three month period following3), after the entry into force of this Regulation and until the expiry of one year following the entry into force of this Regulation, the reference period shall be the period which has elapsed since the entry into force of this Regulation.
Amendment 1004 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 10(68(6), 10(6), 18(3) and 18a(3) shall be conferred on the Commission for a period of 5 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5- year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 1005 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The delegation of power referred to in Articles 10(68(6), 10(6), 18(3) and 18a(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1006 #
Proposal for a regulation
Article 57 – paragraph new6
Article 57 – paragraph new6
new6. A delegated act adopted pursuant to Articles 10(68(6), 10(6), 18(3) and 18a(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1009 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
By [18 months after entry into force] and from then on annually, the Commission shall review the functioning of the corrective allocation mechanism set out in Chapter VII of this Regulation and in particular the thresholds set out in Article 34(2) and Article 43 thereof.