2015/0211(COD) | [ParlTrack]

Proposal for a regulation
Recital 6

(6) The Commission should regularly review the situation in third countries that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. In parallel, a continuous dialogue between the Union on one side and current and potential safe countries of origin on the other side should take place to guarantee the swift implementation of readmission agreements and return policies.

Amendment 7 #

Proposal for a regulation
Recital 3

(3) In light of the very sharp increase that has been experienced since 2014 in the number of applications for international protection made in the Union and the resulting unprecedented pressure on Member States’' asylum systems the Union acknowledged the need tofor a more coordinated and effective Union action by strengthening the application of the safe country of origin provisions of Directive 2013/32/EU, as an essential tool to support the swift processing of applications that ~~are likely to be unf~~may be unfounded or based solely on economic groundeds. In particular, in its conclusions of 25 and 26 June 2015, the European Council referred, in relation to the need to accelerate the treatment of asylum applications, to the intention of the Commission as set out in its Communication on a European Agenda on Migration8 to strengthen these provisions, including the possible establishment of an EU common list of safe countries of origin. Moreover, the Justice and Home Affairs Council in its conclusions on safe countries of origin of 20 July 2015 welcomed the intention of the Commission to strengthen the safe countries of origin provisions in Directive 2013/32/EU, including the possible establishment of an EU common list of safe countries of origin. __________________ 8 COM (2015) 240 final, 13.5.2015.

Amendment 8 #

Proposal for a regulation
Recital 4

(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it will facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which ~~are likely to~~may be unfounded. The establishment of an EU common list will also address some of the existing divergences between Member States’' national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list will ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This will accordingly facilitate convergence in the application of procedures ~~and thereby also deter secondary movements of applicants for international protection~~. In that context, the possibility to take in the future further steps of harmonisation that could lead to the elimination of the need for national lists of safe countries of origin should be considered after a period of three years following the entry into force of this Regulation, on the basis of a report to be presented by the Commission.

Amendment 9 #

Proposal for a regulation
Recital 5

source: 580.559

2016/05/17 LIBE 95 amendments...

Amendment 100 #

Proposal for a regulation
Article 3 a (new)

Article 3a Temporary suspension of the Regulation 1. In case of sudden changes in the situation of a Member State where there are substantial grounds for believing that there are systemic flaws in the asylum procedure and reception conditions for asylum applicants, resulting in inhumane or degrading treatment, within the meaning of Article 4 of the European Charter of fundamental rights, the Commission, basing itself on a range of sources of information, including information from Member States, EASO, UNHCR, the Council of Europe and other relevant international organisations, and national or international non- governmental organisations, shall recommend as soon as possible a temporary suspension of the application of this regulation to that Member State. 2. The Parliament and the Council can request the temporary suspension of the application of this regulation to a specific Member State respectively through parliamentary resolutions or Council conclusions. If the Commission decides not to bring forward their request, it shall provide a substantiated explanation in this regard, which shall be submitted to the European Parliament and to the Council.

Amendment 101 #

Proposal for a regulation
Article 3 a (new)

Article 3a Reintegration of a suspended third country from the EU common list in the event of a sudden, favourable change of situation One or more Member States can inform the Commission of a change of situation in a third country suspended from the common list if that country once again appears to comply with the conditions set out under Annex I of Directive 2013/32/EU; After consultation with its experts and on the basis of a proposal to Parliament and to the Council, the Commission can decide to reintegrate that country into the common list of safe countries of origin.

Amendment 102 #

Proposal for a regulation
Article 4 – paragraph 1 – point -1 (new)

(-1) In Article 25 paragraph 6 point a point i is amended as follows: (i) the applicant comes from a country which satisfies the criteria to be considered a safe country of origin within the meaning of this Directive~~; or~~, except where Article 36(3) applies

Amendment 103 #

Proposal for a regulation
Article 4 – paragraph 1 – point -1 a (new)

Directive 2013/32/EU
Article 25 – paragraph 6 – point a – point ii

(~~ii) the applicant has introduced a subsequent application for international protection that is not inadmissible in accordance with Article 40(5); or~~-1a) in Article 25 paragraph 6, point a, point ii is amended as follows: (ii) the applicant comes from a country which satisfies the criteria to be considered a safe country of origin within the meaning of this Directive, except where Article 36(3) applies

Amendment 104 #

Proposal for a regulation
Article 4 – paragraph 1 – point -1 b (new)

(-1b) in Article 31, paragraph 8, point b is amended as follows: (b) the applicant is from a safe country of origin within the meaning of this Directive~~; or~~, except where Article 36(3) applies

Amendment 105 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1

Directive 2013/32/EU
Article 36 – paragraph 1

Amendment 106 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1

1. A third country designated as a safe country of origin in accordance with this Directive by national law or that is on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 of the European Parliament and of the Council* [this Regulation] may, after an individual examination of the application, including a personal interview within the meaning of Article 14 and without derogating from Article 22, be considered as a safe country of origin for a particular applicant only if:

Amendment 107 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1

Directive 2013/32/EU
Article 36 – paragraph 1 – point a

a) he or she has the nationality of that country and does not belong to one of the national, ethnic, religious or linguistic minorities of that country;

Amendment 108 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1

Directive 2013/32/EU
Article 36 – paragraph 1 a (new)

"1a. The third countries in Annex I of this directive and in Annex I of Regulation (EU) No XXXX/2015 (this regulation) are third countries that have been designated as safe countries of origin and make up the EU common list of safe countries of origin.’

Amendment 109 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)

Directive 2013/32/EU
Article 36 – paragraph 2 a (new)

(1a) In Article 36 the following paragraph is included: "2a. In order to assess the admissibility of an application and prior to taking into consideration the provisions of Regulation (EU) No XXXX/2015 of the European Parliament and of the Council* [this Regulation], Member States shall consider all documents submitted, including any evidence that the applicant is a member of a group that faces persecution or serious harm according to the sources of information referred to in article 37 (3) of this Directive."

Amendment 110 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)

Directive 2013/32/EU
Article 36 a (new)

1a. The following article is inserted: Article 36a Designation of safe countries of origin for the purposes of Article 36 and Article 37(1). A country is considered to be a safe country of origin where, on the basis of the legal situation, the application of the law within a democratic system and the general political situation, it can be shown that there is no general or consistent persecution within the meaning of Article 9 of Directive 2011/95/EU, no torture or inhuman or degrading treatment or punishment and no threat posed by indiscriminate violence in situations of international or internal armed conflict. In making this assessment, account shall be taken, inter alia, of the extent to which protection is provided against persecution or mistreatment by: a) the relevant laws and regulations of the country and the manner in which they are applied; b) observance of the rights and freedoms laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms and/or the International Covenant for Civil and Political Rights and/or the United Nations Convention against Torture, in particular the rights from which derogation cannot be made under Article 15(2) of the said European Convention; c) respect for the non-refoulement principle in accordance with the Geneva Convention; d) provision for a system of effective remedies against violations of those rights and freedoms. EN 29.6.2013 Official Journal of the European Union L 180/87

Amendment 111 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Article 4 – paragraph 1 – point 2

Directive 2013/32/EU
Article 37 – paragraph 1

1. For the two years following the adoption of this regulation, Member States may retain or introduce legislation that allows, in accordance with Annex I, for the national designation of safe countries of origin other than those on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 [this Regulation] for the purposes of examining applications for international protection. They must notify the Commission of any changes made to their national list.

Amendment 112 #

Proposal for a regulation
Article 4 – paragraph 1 – point 2

Directive 2013/32/EU
Article 37 – paragraph 1

1. Member States may retain or introduce legislation that allows, in accordance with Annex I, for the national designation of safe countries of origin other than those on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 [this Regulation] for the purposes of examining applications for international protection. They are responsible for making sure that the national lists of safe countries of origin and the EU common list are consistent with one another.

Amendment 113 #

Proposal for a regulation
Article 4 – paragraph 1 – point 2

Directive 2013/32/EU
Article 37 – paragraph 1

1. “1. For the three years following the entry into force of Regulation (EU) No XXXX/2015 [this regulation], Member States may retain or introduce legislation that allows, in accordance with Annex I, for the national designation of safe countries of origin other than those on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 [this Regulation] for the purposes of examining applications for international protection”.

Amendment 114 #

Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)

Directive 2013/32/EU
Article 37 a (new)

(2a) New Article 37a is added: "Article 37a The concept of unsafe country of origin 1. A third country designated as an unsafe country of origin in accordance with this Directive may be considered as an unsafe country of origin for a particular applicant if: (a) he or she has the nationality of that country; or (b) he or she is a stateless person and was formerly habitually resident in that country, 2. Member States shall lay down in national legislation further rules and modalities for the application of the unsafe country of origin concept. 3. Applications from nationals coming from an unsafe country of origin shall be recognized as likely to be well- founded and prioritized following Article 31 (7)(a)"

Amendment 115 #

Proposal for a regulation
Article 4 – paragraph 1 – point 2 b (new)

(2b) New Article 37b is added: "Article 37b National designation of third countries as unsafe countries of origin 1. Member States may retain or introduce legislation that allows for the national designation of unsafe countries of origin for the purposes of examining applications for international protection. 2. Member States shall regularly review the situation in third countries designated as unsafe countries of origin in accordance with this Article. 3. The assessment of whether a country is an unsafe country of origin in accordance with this Article shall be based on a range of sources of information, including in particular information from other Member States, EASO, UNHCR, the Council of Europe and other relevant international organisations, and national or international non-governmental organisations. 4. Member States shall notify to the Commission the countries that are designated as unsafe countries of origin in accordance with this Article."

Amendment 116 #

Proposal for a regulation
Article 4 – paragraph 1 – point 2 b (new)

Directive 2013/32/EU
Article 39

(2b) Article 39 should be replaced with: If a Member State has listed a third country as a 'safe country of origin' pursuant to Article 37 and Annex I, or a 'safe third country' pursuant to Article 38, but an organisation concerned with the protection of human rights submits evidence to the Commission that the designation is not compliant with the relevant criteria, the Commission shall examine the issue. It may also examine such an issue on its own initiative. The Commission shall inform the relevant Member State, and ask it for its observations. Within one month of the start of the assessment, the Commission shall decide on the compatibility of the Member State's decision with the criteria in this Directive. If the Commission's view is negative, the Member State shall withdraw the relevant measure.

Amendment 117 #

Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)

Directive 2013/32/EU
Article 46 – paragraph 6 – point a

2a. Article 46(6)(a) is replaced by the following: (a) considering an application to be manifestly unfounded in accordance with Article 32(2) or unfounded after examination in accordance with Article 31(8), except for cases where these decisions are based on the circumstances referred to in Article 31(8)(b) and(h); and (h);

Amendment 118 #

Proposal for a regulation
Article 4 – paragraph 1 – point 2 c (new)

Directive 2013/32/EU
Article 46 – paragraph 6 – point a

(2c) Article 46, paragraph 6, point a is replaced by the following: (a) considering an application to be manifestly unfounded in accordance with Article 32(2) or unfounded after examination in accordance with Article 31(8), except for cases where these decisions are based on the circumstances referred to in Article 31(8)(b) and (h);

Amendment 119 #

Proposal for a regulation
Article 4 – paragraph 1 – point 3

Directive 2013/32/EU
Annex I – title

~~Designation~~‘EU common list of safe countries of origin ~~for the purposes of Article 36 and Article 37(1).~~’

Amendment 120 #

Proposal for a regulation
Article 4 – paragraph 1 – point 3 a (new)

Directive 2013/32/EU
Annex I – paragraph 1

(1a) in Annex I, paragraph 1 is amended as follows: A country is considered as a safe country of origin where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is generally and consistently, in respect of the population as a whole as well as specific groups of persons within the country, no persecution as defined in Article 9 of Directive 2011/95/EU, no torture or inhuman or degrading treatment or punishment and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.

Amendment 121 #

Proposal for a regulation
Article 4 – paragraph 1 – point 3 b (new)

Directive 2013/32/EU
Annex I a (new)

(3b) A new Annex Ia is added: "Annex Ia Designation of unsafe countries of origin for the purposes of Article 37(c) A country is considered as an unsafe country of origin where: (a) there is a serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict. (b) a considerable number of individuals are persecuted, in law or in practice, for reasons of gender, race, religion, nationality, political opinion or membership of a particular social group;"

Amendment 122 #

Proposal for a regulation
Article 4 – paragraph 1 – point 3 c (new)

Directive 2013/32/EU
Annex I b (new)

(3c) A new Annex Ib is added: "Annex Ib Actors of persecution or serious harm Actors of persecution or serious harm as provided by ANNEX I (b) include: (a) the State; (b) parties or organisations controlling de facto the State or a substantial part of the territory of the State; (c) non-State actors, if it can be demonstrated that the actors mentioned in points (a) and (b), including international organisations, are unable or unwilling to provide protection against persecution or serious harm as defined in Article 7.

Amendment 123 #

Marine LE PEN, Gilles LEBRETON

Proposal for a regulation
Article 5 a (new)

Article 5a Review Whereas the European Commission shall examine the possibility to replace national lists with a harmonised European list of safe third countries, based on a full assessment of the impact of this Regulation on the rate of returns to safe third countries, and the difference between national lists in all Member States and the common European list of safe third countries. Whereas this review should be carried out three years after the entry into force of this Regulation. Whereas the Commission shall submit a report to the Council and the European Parliament.

Amendment 124 #

Proposal for a regulation
Annex I – paragraph 7

~~Turkey.~~deleted

Amendment 30 #

Ignazio CORRAO, Laura FERRARA, Laura AGEA, Fabio Massimo CASTALDO

Proposal for a regulation
–

– The European Parliament rejects the Commission proposal.

Amendment 31 #

Ana GOMES

Proposal for a regulation
–

– The European Parliament rejects the Commission proposal.

Amendment 32 #

Marine LE PEN, Gilles LEBRETON

Proposal for a regulation
–

– The European Parliament rejects the Commission proposal.

Amendment 33 #

Martina ANDERSON, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Cornelia ERNST

Proposal for a regulation
–

– The European Parliament rejects the Commission proposal.

Amendment 34 #

Proposal for a regulation
–

– The European Parliament rejects the Commission proposal.

Amendment 35 #

Draft legislative resolution
Paragraph 2

2. Calls on the Commission to ~~refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text~~withdraw its proposal;

Amendment 36 #

Proposal for a regulation
Recital 3

(3) In light of the very sharp increase that has been experienced since 2014 in the number of applications for international protection made in the Union and the resulting unprecedented pressure on Member States’ asylum systems the Union acknowledged the need to strengthen the application of the safe country of origin provisions of Directive 2013/32/EU, as an essential tool to support the swift processing of applications that are likely to be unfounded. In particular, in its conclusions of 25 and 26 June 2015, the European Council referred, in relation to the need to accelerate the treatment of asylum applications, to the intention of the Commission as set out in its Communication on a European Agenda on Migration8 to strengthen these provisions, including the possible establishment of an EU common list of safe countries of origin. Moreover, the Justice and Home Affairs Council in its conclusions on safe countries of origin of 20 July 2015 welcomed the intention of the Commission to strengthen the safe countries of origin provisions in Directive 2013/32/EU, including the possible establishment of an EU common list of safe countries of origin. __________________ 8__________________ 8 COM(2015) 240 final, 13.5.2015. COM(2015) 240 final, 13.5.2015.

Amendment 37 #

Proposal for a regulation
Recital 3

(3) In light of the very sharp increase that has been experienced since 2014 in the number of applications for international protection made in the Union and the resulting unprecedented pressure on Member States’ asylum systems the Union acknowledged the need to strengthen the application of the safe country of origin provisions of Directive 2013/32/EU~~, as an essential tool to support the swift processing of applications that are likely to be unfounded~~. In particular, in its conclusions of 25 and 26 June 2015, the European Council referred, in relation to the need to accelerate the treatment of asylum applications, to the intention of the Commission as set out in its Communication on a European Agenda on Migration8 to strengthen these provisions, including the possible establishment of an EU common list of safe countries of origin. Moreover, the Justice and Home Affairs Council in its conclusions on safe countries of origin of 20 July 2015 welcomed the intention of the Commission to strengthen the safe countries of origin provisions in Directive 2013/32/EU, including the possible establishment of an EU common list of safe countries of origin. __________________ 8 COM (2015) 240 final, 13.5.2015.

Amendment 38 #

Jussi HALLA-AHO, Timothy KIRKHOPE, Daniel DALTON

Proposal for a regulation
Recital 3

(3) In light of the very sharp increase that has been experienced since 2014 in the number of applications for international protection made in the Union and the resulting unprecedented pressure on Member States’ asylum systems the Union acknowledged the need to strengthen the application of the safe country of origin provisions of Directive 2013/32/EU, as an essential tool to support the ~~swift~~ processing of a~~pplications that are likely to be unfounded~~dmissibility assessments of applications. In particular, in its conclusions of 25 and 26 June 2015, the European Council referred, in relation to the need to accelerate the treatment of asylum applications, to the intention of the Commission as set out in its Communication on a European Agenda on Migration8 to strengthen these provisions, including the possible establishment of an EU common list of safe countries of origin. Moreover, the Justice and Home Affairs Council in its conclusions on safe countries of origin of 20 July 2015 welcomed the intention of the Commission to strengthen the safe countries of origin provisions in Directive 2013/32/EU, including the possible establishment of an EU common list of safe countries of origin. __________________ 88 COM (2015) 240 final, 13.5.2015. COM (2015) 240 final, 13.5.2015.

Amendment 39 #

Proposal for a regulation
Recital 3

(3) In light of the very sharp increase that has been experienced since 2014 in the number of applications for international protection made in the Union, and the very low rate of returns of those individuals who do not qualify for international protection, and the resulting unprecedented pressure on Member States’ asylum systems the Union acknowledged the need to strengthen the application of the safe country of origin provisions of Directive 2013/32/EU, as an essential tool to support the swift processing of applications that are likely to be unfounded. In particular, in its conclusions of 25 and 26 June 2015, the European Council referred, in relation to the need to accelerate the treatment of asylum applications, to the intention of the Commission as set out in its Communication on a European Agenda on Migration8 to strengthen these provisions, including the possible establishment of an EU common list of safe countries of origin. Moreover, the Justice and Home Affairs Council in its conclusions on safe countries of origin of 20 July 2015 welcomed the intention of the Commission to strengthen the safe countries of origin provisions in Directive 2013/32/EU, including the possible establishment of an EU common list of safe countries of origin. __________________ 8 COM (2015) 240 final, 13.5.2015. COM (2015) 240 final, 13.5.2015.

Amendment 40 #

József NAGY

Proposal for a regulation
Recital 3 a (new)

(3a) In light of the increasing pressure on the asylum systems of the Member States, the establishment of a common list of safe countries of origin or transit should be able to discourage irregular migrants to seek international protection in EU Member States. This common list will relieve asylum systems and facilitate effective returns.

Amendment 41 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Recital 4

(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it will facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which are likely to be unfounded. This common list of safe countries of origin should make it easier for countries facing high migratory to process asylum requests. The accelerated processing of asylum applications from nationals of safe countries of origin will make it easier and faster for Member States to focus on giving international protection to those who need it most. The establishment of an EU common list will also address some of the existing divergences between Member States’ national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list will ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This will accordingly facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future further steps of harmonisation that could lead to the elimination of the need for national lists of safe countries of origin should be considered ~~after a period of three years following the entry into force of this Regulation~~when the EU list is comprehensive enough to replace the national lists, on the basis of a report to be presented by the Commission.

Amendment 42 #

Proposal for a regulation
Recital 4

(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it will facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which are likely to be unfounded. The establishment of an EU common list will also address some of the existing divergences between Member States’ national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States. While Member States should temporarily retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list will ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This will accordingly facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future further steps of harmonisation that could lead to the elimination of the need for national lists of safe countries of origin should be considered after a period of three years following the entry into force of this Regulation, on the basis of a report to be presented by the Commissioree years after this regulation enters into force, the Member States should eliminate their national lists of safe countries of origin.

Amendment 43 #

Proposal for a regulation
Recital 4

(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it will facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which are likely to be unfounded. The establishment of an EU common list will also address some of the existing divergences between Member States’ national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States, which runs counter to the objective of a common EU asylum system and could cause secondary movements of asylum seekers. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list will ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This will accordingly facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future further steps of harmonisation that could lead to the elimination of the need for national lists of safe countries of origin should be considered after a period of three years following the entry into force of this Regulation, on the basis of a report to be presented by the Commission.

Amendment 44 #

Proposal for a regulation
Recital 4

(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it w~~ill~~ould facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems ~~as concerns applications for international protection which are likely to be unfounded~~. The establishment of an EU common list ~~will~~is intended to also address some of the existing divergences between Member States’ national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States. While Member States should temporarily retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list w~~ill~~ould ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This w~~ill~~ould accordingly facilitate convergence in the application of procedures ~~and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future~~. In that context, further steps of harmonisation ~~that c~~would lead to the elimination of the need for national lists of safe countries of origin ~~should be considered~~ after a period of ~~thre~~five years following the entry into force of this Regulation, on the basis of a report to be presented by the Commission. The Commission shall continually assess and report its findings to the European Parliament and to the Council regarding the application of this Regulation.

Amendment 45 #

Proposal for a regulation
Recital 4 a (new)

(4a) The establishment of an EU common list of safe countries of origin and the elimination of national lists of safe countries of origin can only lead to the full convergence of asylum procedures in the EU if the procedural stages and deadlines are harmonised, in particular in the case of accelerated procedures. The possibility to take additional harmonisation measures in connection with Directive 2013/32/UE should be envisaged.

Amendment 46 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Recital 4 a (new)

(4a) The premise of safe countries of origin should only be applied after an asylum application has been individually examined and the applicant has been afforded an adequate personal interview, has the right to legal assistance and translation upheld, has full access to all resources and services offered by the relevant asylum process and has the right to an appeal respected.

Amendment 47 #

Proposal for a regulation
Recital 4 a (new)

(4a) Member States should make sure that the national lists of safe countries of origin and the EU common list are consistent with one another. A country withdrawn or suspended from the EU common list should not be considered a safe country of origin at national level.

Amendment 48 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Recital 4 b (new)

(4b) In view of the harmonisation of national lists of safe countries of origin, the Commission should carry out regular studies on migration flows in the Member States, the admissibility of international protection requests and the effectiveness of returns to make sure that the EU common list of safe countries of origin is complete and effective. The Commission should then draw up a proposal to enlarge the common list of safe countries of origin, on the basis of a range of information sources at its disposal, in particular EEAS reports and information provided by the Member States, EASO, the UNHCR, the Council of Europe and other relevant international organisations, if the studies indicate that this is appropriate.

Amendment 49 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Recital 4 b (new)

(4b) The application of the concept of a safe country of origin should only be applied in the context of full adherence to the principle of non-refoulement. Applicants for asylum should have full access to the normal asylum procedure and if unsuccessful will continue to have the right to an appeal, irrespective of their nationality, whilst availing of the full range of services and resources available to any asylum applicant.

Amendment 50 #

Proposal for a regulation
Recital 4 c (new)

(4c) The Member States should be able to send the Commission proposals for countries to be added to the common list of safe countries of origin. The Commission should examine those proposals within six months of their submission, on the basis of a range of information sources at its disposal, in particular EEAS reports and information provided by the Member States, EASO, the UNHCR, the Council of Europe and other relevant international organisations. If it decides that a third country can be added to the list, the Commission should draw up a proposal to enlarge the EU common list of safe countries of origin.

Amendment 51 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Recital 4 d (new)

(4d) The Commission must ensure that, for every third country on the EU common list of safe countries of origin, there is an efficient EU return policy with readmission agreements that must be complied with fully for EU aid to be sent to those countries.

Amendment 52 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Recital 4 e (new)

(4e) When negotiating readmission agreements between the EU and a third country, the Commission should consider adding that country to the common list of safe countries of origin. The Commission should then draw up a reasoned assessment of that country’s compliance with the conditions set out under Annex I of Directive 2013/32/EU.

Amendment 53 #

Proposal for a regulation
Recital 5

(5) The provisions of Directive 2013/32/EU related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the EU common list established by this Regulation. This ~~means, in particular, that the circumstance that a third country is on the~~Regulation creating an EU common list of safe countries ~~of origin~~ cannot establish an absolute guarantee of safety for nationals of ~~that~~a third country and ~~does not dispense therefore with the need~~in no circumstances absolves Member States from their obligations to conduct an appropriate individual examination of the application for international protection. In addition, it should be recalled that, where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or her. in accordance with the procedural safeguards laid down in Directive 2013/32/EU during which applicants will be able to access the full range of services and resources available to all in the asylum procedure, including but not limited to, legal assistance, translation, safe accommodation and access to an appeal process. All applications should be considered on the applicants circumstances in the third country and where an applicant shows that there are serious reasons on grounds of gender, race, religion, sexual orientation, gender identity, nationality, membership of a particular social group or political opinion, to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or her. Due care must also be given to applicants from minority groups where burden of proof can violate their dignity or put them increased risk of danger and that all applicants should have the right to an effective remedy in the case of a negative decision as well as lawfully remain on the territory pending such an appeal. In addition, procedures for returning applicants who do not meet the criteria must not violate the principle of non-refoulement.

Amendment 54 #

Proposal for a regulation
Recital 5

Amendment 55 #

Cécile Kashetu KYENGE

Proposal for a regulation
Recital 5

(5) The provisions of Directive 2013/32/EU related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the EU common list established by this Regulation. This means, in particular, that the circumstance that a third country is on the EU common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and does not dispense therefore with the need to conduct an appropriate individual examination of the application for international protection. In addition, it should be recalled that, where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or herAll applications should be considered on the applicants circumstances in the third country and where an applicant shows that there are serious reasons on grounds of race, ethnicity, religion or belief, sexual orientation, nationality, membership of a particular social group or political and social opinion or activities, to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or her. Due care must also be given to applicants from minority groups where burden of proof can violate their dignity or put them increased risk of danger and that all applicants have the right to an effective remedy in the case of a negative decision as well as lawfully remain on the territory pending such an appeal. In addition, procedures for returning asylum-seekers who do not meet the criteria must not violate the principle of non-refoulement.

Amendment 56 #

Proposal for a regulation
Recital 5

Amendment 57 #

Proposal for a regulation
Recital 5 a (new)

(5a) The EU common list of safe countries of origin does not have the aim of reducing the number of asylum seekers from countries which combine a large number of applications with a low recognition rate. Inclusion on this list should be based solely on an assessment of whether a country's situation conforms to the definition in Directive 2013/32/EU.

Amendment 58 #

Proposal for a regulation
Recital 5 a (new)

Amendment 59 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Recital 5 b (new)

(5b) The provisions of Directive 2013/33/EU laying down standards for the reception of applicants for international protection should be applicable in relation to third country nationals originating from countries included in the EU common list established by this Regulation, while their asylum application is pending.

Amendment 60 #

Proposal for a regulation
Recital 6

~~(6)~~ The Commission should regularly ~~(6)~~ review the situation in third countries that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year or less where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations. If, during the suspension period, it becomes clear from the information available that the situation in the third country has stabilised, the Commission should be free to decide to lift the suspension of that country from the common list of safe countries of origin. The Council and Parliament must be kept informed of that decision. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 61 #

Cécile Kashetu KYENGE

Proposal for a regulation
Recital 6

(6) The Commission should ~~regular~~continually review the situation in third countries that are on the EU common list of safe countries of origin. In case of sudden change for the worse ~~in the situ~~or systematic breach to the rule of law or human rights violations including discrimination ofin a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations, and national or international non- governmental organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations with the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations, and national or international non-governmental organisations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 62 #

Proposal for a regulation
Recital 6

(6) The Commission should ~~regular~~continually review the situation in third countries that are on the EU common list of safe countries of origin. In case of sudden change for the worse ~~in the situation of a~~ or instability in the democratic system and non- compliance with international human rights treaties in a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe ~~and~~, other relevant international organisations and national or international non- governmental organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. Should a country be suspended from the EU common list of safe countries of origin for a continuous period of two years, it shall automatically be removed from the list. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 63 #

Proposal for a regulation
Recital 6

(6) The Commission should regularly review the situation in third countries that are on the EU common list of safe countries of origin. I~~n case of~~f a sudden change for the worse in the situation of a third country on the EU common list could lead to that country’s non-compliance with the conditions for the designation of a country as a safe country of origin set out under Article 36 of Directive 2013/32/EU, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 64 #

Proposal for a regulation
Recital 6

(6) The Commission ~~should regular~~, in direct consultation with the Parliament, the Council, Member States and relevant organisations, should continually review the situation in third countries that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 65 #

Proposal for a regulation
Recital 6

(6) The Commission should regularly review the situation in third countries ~~that are on~~in order to provide for both removing and adding third countries to the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of ~~one year~~six months where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration ~~a range of sources of information at its disposal including in particular, its~~information from the Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the FRONTEX agency, the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe ~~and other relevant international organisations~~. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 66 #

Proposal for a regulation
Recital 6

(6) The Commission sh~~ould~~all regularly review the situation in third countries that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union sh~~ould~~all be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission sh~~ould~~all take into consideration a ~~range of~~ll sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 67 #

Proposal for a regulation
Recital 6 a (new)

(6a) In order to meet the need to consult a wide range of sources of information and to access expert advice, an advisory body on safe countries of origin should be established and assist the Commission in its task of monitoring the EU common list of safe countries of origin.

Amendment 68 #

Jeroen LENAERS

Proposal for a regulation
Recital 6 a (new)

(6a) Whereas third countries that have been granted candidate membership status for accession to the European Union should be expected to fulfil the conditions that are required to be considered a safe country of origin.

Amendment 69 #

Proposal for a regulation
Recital 6 a (new)

(6a) If a third country loses its status as a safe country of origin on the common list, it must also lose its status as a safe country of origin on all national lists.

Amendment 70 #

Marine LE PEN, Gilles LEBRETON

Proposal for a regulation
Recital 6 b (new)

(6b) The advisory body on safe countries shall also assist Member States by monitoring and recommending States that, following Articles [xx], [xx] and ANNEX [...] of Directive 2013/32/EU should be considered unsafe countries of origin by Member States.

Amendment 71 #

József NAGY

Proposal for a regulation
Recital 7 a (new)

(7a) The EU should provide financial and effective technical assistance to countries of transit of irregular migrants. The migration crisis affects not only the EU itself, although the EU is the most desired destination place for economic migrants. Other European countries are however also under severe pressure. Strengthening our asylum system should go alongside to responsible burden sharing with these countries of origins, especially with the countries of the Western Balkans and Turkey.

Amendment 72 #

Proposal for a regulation
Recital 16

(16) As regards Turkey, the legal basis for protection against persecution and mistreatment is, in theory, adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 94 out of 2899 applications. There are no indications of any incidents of refoulement of its own citizens. In 2014, Member States considered that 23,1 % (310) of asylum applications of citizens of Turkey were well-founded. One Member State has designated Turkey as a safe country of origin. Turkey has been designated as a candidate country by the European Council and negotiations have been opened. At that time the assessment was that TurkeyTo date, Turkey has not fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities ~~and Turkey will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report~~; negotiations on Turkey’s accession to the EU should therefore be suspended.

Amendment 73 #

József NAGY

Proposal for a regulation
Recital 16 a (new)

(16a) While Turkey, as an EU candidate country is party of the major human rights instruments, alleged violations of the right to freedom from torture and ill- treatment, or inhuman and degrading treatment occur disturbingly often. Particular attention to this factor should be paid during the establishment and then the maintenance of the EU common list of safe countries of origin.

Amendment 74 #

Proposal for a regulation
Recital 18

(18) This Regulation respects the fundamental rights and observes the principles recognized by the Charter. This Regulation shall apply without prejudice to the right to an effective remedy and to a fair trial provided for in Article 47 of the Charter and to the right to asylum provided for in Article 18 of the Charter.

Amendment 75 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation establishes an EU common list of third countries which shall be regarded as safe countries of origin within the meaning of Directive 2013/32/EU so that nationals of those countries are guaranteed access to international protection procedures.

Amendment 76 #

Proposal for a regulation
Article 2 – paragraph 1

1. Third countries listed in Annex I to this Regulation are designated as safe countries of origin.

Amendment 77 #

Jeroen LENAERS

Proposal for a regulation
Article 2 – paragraph 1 a (new)

1a. Third countries that have acquired candidate membership status for accession to the European Union should be considered safe countries of origin.

Amendment 78 #

Proposal for a regulation
Article 2 – paragraph 2

2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin or suspended from the list in line with Article 3 of this regulation, and shall regularly review those countries’ compliance with the conditions for the designation of a country as a safe country of origin set out under Article 36(a) of Directive 2013/32/EU, based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, EASO, UNHCR, the Council of Europe and other relevant international organisations.

Amendment 79 #

Proposal for a regulation
Article 2 – paragraph 2

2. The Commission shall ~~regular~~continually review the situation in third countries that are on the EU common list of safe countries of origin, based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, EASO, UNHCR, the Council of Europe ~~and~~, other relevant international organisations, and national or international non-governmental organisations.

Amendment 80 #

Proposal for a regulation
Article 2 – paragraph 2

2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin in order to add and remove third countries from this list, based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, EASO, FRONTEX, the UNHCR, and the Council of Europe ~~and other relevant international organisations~~.

Amendment 81 #

Monika HOHLMEIER

Proposal for a regulation
Article 2 – paragraph 2

2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin, based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, EASO, UNHCR, and the Council of Europe ~~and other relevant international organisations~~.

Amendment 82 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

2a. This Regulation shall not be applicable with regards to unaccompanied minors seeking international protection.

Amendment 83 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Article 2 – paragraph 3

3. The Commission shall regularly examine the situation in third countries and the possibility of proposing to add them to the EU common list of safe countries of origin. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure.

Amendment 84 #

Proposal for a regulation
Article 2 – paragraph 3

3. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure. A third country which is withdrawn or suspended from the EU common list shall no longer be considered a safe country of origin in the national lists.

Amendment 85 #

Jussi HALLA-AHO, Timothy KIRKHOPE, Daniel DALTON

Proposal for a regulation
Article 2 – paragraph 3

3. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure and immediately sent to the Member States and the relevant third countries.

Amendment 86 #

Proposal for a regulation
Article 2 – paragraph 3

3. A~~ny a~~mendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure.

Amendment 87 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Article 2 – paragraph 4

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 3 to suspend and add the presence of a third country from the EU common list of safe countries of origin on a temporary and emergency basis for a period of six months, in order to allow for the Council and the European Parliament to take action through the ordinary legislative procedure.

Amendment 88 #

Cécile Kashetu KYENGE

Proposal for a regulation
Article 2 – paragraph 4 a (new)

4a. Where sudden changes or instability in the democratic system and non-compliance with international human-rights treaties and non- discrimination legislation arise in a third country that is on the EU common list of safe countries of origin and imperative grounds of urgency so require, the procedure provided for in Article 3a(new) shall apply to delegated acts adopted pursuant to this Article.

Amendment 89 #

Proposal for a regulation
Article 3 – title

RSuspension and removal of a third country from the EU common list of safe countries of origin in case of sudden change of situation

Amendment 90 #

Proposal for a regulation
Article 3 – title

Removal and addition of a third country from the EU common list of safe countries of origin in case of sudden change of situation

Amendment 91 #

Proposal for a regulation
Article 3 – paragraph 2

2. I~~n case o~~f sudden changes in the situation of a third country that is on the EU common list of safe countries of origin~~, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU and, if~~ could lead to that country’s non- compliance with the conditions for the designation of a country as a safe country of origin set out under Article 36 of Directive 2013/32/EU set out under Article 36(a) of Directive 2013/32/EU, the Commission shall conduct a reasoned assessment of that country’s compliance with those conditions and, if they are no longer met, shall adopt, in accordance with Article 290 TFUE, a Decision suspending the presence of that third country from the EU common list for a period of one year.

Amendment 92 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Article 3 – paragraph 2

2. In case of sudden changes in the legal, democratic, human rights or political situation of a third country that is on the EU common list of safe countries of origin, the Commission shall rapidly conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU ~~and, if those conditions are no longer met, shall~~. Whilst the Commission is carrying out the assessment, the country shall be suspended from the list. If the conditions set in Annex I of Directive 2013/32/EU are no longer met, the Commission shall immediately adopt, in accordance with Article 290 TFUE, a Decision suspending the presence of that third country from the EU common list for a period of one year. Member States shall amend their national lists accordingly.

Amendment 93 #

Monika HOHLMEIER

Proposal for a regulation
Article 3 – paragraph 2

2. In case of sudden changes in the situation of a third country that is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU and, if those conditions are no longer met, shall adopt, in accordance with Article 290 TFUE, a Decision suspending the presence of that third country from the EU common list for a period of one year or for the period it needs in order to fulfil those conditions again.

Amendment 94 #

Proposal for a regulation
Article 3 – paragraph 2

Amendment 95 #

Rachida DATI, Monika HOHLMEIER, Jeroen LENAERS, Brice HORTEFEUX

Proposal for a regulation
Article 3 – paragraph 2

Amendment 96 #

Proposal for a regulation
Article 3 – paragraph 2 a (new)

2a. If, during the suspension period, it becomes clear from the available information that the situation in the third country has stabilised, the Commission can take the decision to lift the suspension of that country from the common list of safe countries of origin. The Council and European Parliament shall be kept informed.

Amendment 97 #

Proposal for a regulation
Article 3 – paragraph 3

3. Where the Commission has proposed an amendment to this Regulation in order to remove or add a third country from the EU common list of safe countries of origin~~, it can on the basis of a substantial assessment referred to in paragraph 2 extend the validity of the delegated decision adopted pursuant to paragraph 2 for a period of maximum one year~~.

Amendment 98 #