17 Amendments of Lena DÜPONT related to 2020/0279(COD)
Amendment 265 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In light of the recent rapidly changing migratory situations, which have led to complex migratory challenges and considerable migratory pressure on individual Member States along the external border of the Union, there is a need to introduce a new mechanism when a Member State is at risk of migratory pressure. Such mechanism should include a rapid and comprehensive response by the Commission and the Union's bodies, offices and agencies to provide the Member State concerned with operational, legal, diplomatic and financial support in order to reduce the risk of migratory pressure.
Amendment 267 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) To reduce the risk of migratory pressure, and in order to prevent and detect irregular migration, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.
Amendment 321 #
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics and recurring nature of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whe, this Regulation should especially take into account the vulnerability of persons arriving from such disembarkations. The mechanism to reduce the risk for migratory pressure should be applied also in this context, to prevent Member States from being overburdened by their there is a situlegal obligations of migratory pressure.n search and rescue operations
Amendment 807 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
Amendment 843 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘absconding’ means the active or passive action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s control;
Amendment 884 #
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation whereby there is a large number of arrivals of third- country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action, including as a result of search and rescue operations, places a disproportionate burden even on well- prepared asylum and migration systems, which may cause the Member State concerned not being able to fulfil its legal obligations, in particular those laid down in this Regulation, Regulation (EU) xxx/xxx [Screening Regulation], Regulation (EU) xxx/xxx [Asylum Procedure Regulation], and the Directive xxx/xxx [Return Directive];
Amendment 887 #
Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)
Article 2 – paragraph 1 – point w a (new)
(wa) 'risk of migratory pressure' means the risk of a disproportionate burden even on well-prepared asylum and migration system in a Member State, following the anticipation of arrivals of third country nationals, which risk placing the Member State under migratory pressure;
Amendment 939 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregular migration and secondary movement;
Amendment 1030 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally staying; ensure that sufficient funding and qualified and well-trained staff is allocated in all circumstances; request support from Union bodies, offices and agencies for that purpose.
Amendment 1073 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) take all reasonable and proportionate measures to prevent and correct unauthorised and secondary movements between Member States.
Amendment 1144 #
Cooperation with third countries to facilitate return and readmissionon border and migration management
Amendment 1152 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where tThe Commission, on and the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third- country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be takenMember States shall promote mutually-beneficial partnerships and close cooperation with relevant third countries om border and migration management. The Commission and Member States shall also promote the integration of border and migration management in all relevant Union policies and the assessment of the full application of the visa policy and other measures designed to improve thmote cooperation of thatwith third country as regards readmission, taking into account the Union’s overall relations with the third country. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1ies to facilitate the return and readmission of illegally staying third-country nationals.
Amendment 1909 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six12 months of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year18 months if the transfer cannot be carried out due to imprisonment of the person concerned.
Amendment 2347 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. A Member State proposing solidarity contributions set out in Article 51(3)(b)(ii), may request a deduction of 120% of its share calculated according to the distribution key set out in Article 54 where it indicates in the Solidarity Response Plans that over the preceding five10 years it has examined twice the Union average per capita of applications for international protection.
Amendment 2411 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Where a Member State commits to provide return sponsorship on the territory of the benefitting Member State and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting Member State do not return or are not removed within 8 months, the Member State providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in Articles 57 and 58. This period shall start from the adoption of the implementing act referred to in Article 53(1) or, where applicable, in Article 49(2). The 8 months period referred to in subparagraph 1 shall be suspended if the illegally staying third-country national has absconded.
Amendment 2423 #
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
These measures shall not affect the obligations and responsibilities of the benefitting Member State laid down in Directive 2008/115/EC, including to avoid the risk of absconding.
Amendment 2455 #
2. Before applying the procedure set out in this Article, the benefitting and contributing Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2).