2016/0224(COD) Asylum Procedure Regulation
Lead committee dossier:
Progress: Awaiting Parliament's position in 1st reading
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
KELLER Fabienne ( Renew)
|
DÜPONT Lena ( EPP),
GUILLAUME Sylvie ( S&D),
MARQUARDT Erik ( Verts/ALE),
FEST Nicolaus ( ID),
KANKO Assita ( ECR),
REGO Sira ( GUE/NGL)
|
| Former Responsible Committee | LIBE | ||
| Committee Opinion | AFET | ||
| Committee Opinion | EMPL | ||
| Former Committee Opinion | AFET | ||
| Former Committee Opinion | EMPL |
Lead committee dossier:
Legal Basis:
TFEU 078-p2
Legal Basis:
TFEU 078-p2Events
2024/04/22
Indicative plenary sitting date
2024/02/14
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2024/02/08
CSL - Coreper letter confirming interinstitutional agreement
Documents
2023/04/20
EP - Amendments tabled in committee
Documents
2021/12/16
EP - Amendments tabled in committee
Documents
2021/12/16
EP - Amendments tabled in committee
Documents
2021/10/11
EP - Amendments tabled in committee
Documents
2021/04/16
EL_PARLIAMENT - Contribution
Documents
2021/03/30
RO_SENATE - Contribution
Documents
2021/02/19
DE_BUNDESRAT - Contribution
Documents
2021/01/20
PT_PARLIAMENT - Contribution
Documents
2020/12/15
ES_PARLIAMENT - Contribution
Documents
2020/11/09
EP - KELLER Fabienne (Renew) appointed as rapporteur in LIBE
2020/09/23
EC - Supplementary legislative basic document
Details
In the context of the New Pact on Migration and Asylum which represents a fresh start on migration, the Commission presents a targeted amendment to its 2016 proposal for a new Regulation on asylum procedures to allow for a more efficient and flexible application of procedures at the border.
The aim of this proposal is to establish, with the new proposal for a Regulation introducing pre-entry screening , a close link between all stages of the migration process, from arrival to the processing of asylum applications and, where appropriate, return. The rules on asylum and return procedures at the border shall thus be merged into a single legislative instrument.
The purpose is to further prevent migrants from delaying procedures for the sole purpose of preventing their removal from the Union and misusing the asylum system.
The new procedures should be governed by the same rules, regardless of the Member State applying them, to ensure equity in the treatment of the applicants, third-country nationals or stateless persons subject to them and clarity and legal certainty for the individual.
The main modifications made by the Commission concern the following issues:
Border asylum procedure
Under the amended proposal, an asylum procedure at the border shall be applied to asylum applications which are manifestly abusive, or where the applicant represents a security threat or is unlikely to be in need of international protection due to the low rate of recognition of his/her nationality for international protection.
In addition, Member States may choose to use a border asylum procedure on the basis of the admissibility of the application or on the substance of the application, where the application is to be examined under an accelerated procedure.
In cases where, from the outset, it is unlikely that the readmission of such persons, in the event of a negative decision on their asylum application, shall be granted, Member States may decide not to apply the border asylum procedure, but rather to apply the regular asylum procedure.
The time limit for examining applications under the asylum procedure at the border shall, in principle, not exceed 12 weeks from the first registration of the application, including where a single appeal is lodged.
The Commission stipulates that unaccompanied minors and families with children below the age of 12 may only be subject to a border procedure for reasons linked to national security or public order.
A new border procedure for carrying out return
The proposal introduces a border procedure for carrying out return, which replaces the return border procedure included in the 2018 proposal for a recast Return Directive. The border procedure for carrying out return applies to applicants, third-country nationals or stateless persons whose applications have been rejected in the context of the border procedure for asylum. Persons subject to this procedure are not authorised to enter the Member State’s territory and should be kept at the external borders, or in their proximity, or in transit zones.
Third-country nationals and stateless persons subject to the procedure can be granted a period for voluntary departure not exceeding 15 days, without prejudice to the possibility to voluntarily comply with the obligation to return departing from a border area or transit zone at any moment. The border procedure for carrying out return cannot exceed 12 weeks, starting from when the person concerned no longer has a right to remain and is no longer allowed to remain.
The proposal specifies that a return decision and a decision rejecting an asylum application shall be issued simultaneously, which shall speed up existing practices.
Documents
2020/01/30
FR_ASSEMBLY - Contribution
Documents
2019/10/21
EP - Committee referral announced in Parliament, 1st reading
2018/05/30
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2018/05/28
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2018/05/22
EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2018/05/22
EP - Committee report tabled for plenary, 1st reading
Documents
2018/04/25
EP - Vote in committee, 1st reading
2018/04/25
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/06/09
CSL - Debate in Council
Documents
2017/06/09
CSL - Council Meeting
2017/05/12
EP - Committee draft report
Documents
2017/02/08
CofR - Committee of the Regions: opinion
Documents
2016/12/09
CSL - Council Meeting
2016/11/14
DE_BUNDESRAT - Contribution
Documents
2016/11/11
PT_PARLIAMENT - Contribution
Documents
2016/11/09
IT_SENATE - Contribution
Documents
2016/10/27
CZ_SENATE - Contribution
Documents
2016/10/14
CSL - Debate in Council
Documents
2016/10/14
CSL - Council Meeting
2016/10/12
RO_CHAMBER - Contribution
Documents
2016/10/10
CZ_CHAMBER - Contribution
Documents
2016/09/12
EP - Committee referral announced in Parliament, 1st reading
2016/07/13
EC - Legislative proposal published
Details
PURPOSE: to establish a common procedure granting and withdrawing international protection, which replaces the various procedures in the Member States, and which is applicable to all applications for international protection made in Member States.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the Common European Asylum System is based on rules determining the Member State responsible for applicants for international protection , common standards for asylum procedures, reception conditions, the recognition and protection of beneficiaries of international protection.
Notwithstanding the significant progress that has been made in the development of the Common European Asylum System (CEAS), there are still notable differences between the Member States in the types of procedures used, the reception conditions provided to applicants, the recognition rates and the type of protection granted to beneficiaries of international protection. These divergences contribute to secondary movements and asylum shopping, create pull factors, and ultimately lead to an uneven distribution among the Member States of the responsibility to offer protection to those in need.
Recent large scale arrivals have shown that Europe needs an effective and efficient asylum system able to assure a fair and sustainable sharing of responsibility between Member States and to ensure the quality of the decisions made.
Against this backdrop, the Commission presented a first set of proposals to reform the Common European Asylum System delivering on three priorities identified in its Communication:
establishing a sustainable and fair Dublin system for determining the Member State responsible for examining asylum applications, reinforcing the Eurodac system to better monitor secondary movements and facilitate the fight against irregular migration, establishing a genuine European Union Agency for Asylum to ensure the well-functioning of the European asylum system.
With the second package, the Commission is completing the reform of the Common European Asylum System by adopting four additional proposals:
this proposal replacing the Asylum Procedures Directive with a Regulation, harmonising the current disparate procedural arrangements in all Member States and creating a genuine common procedure; a proposal replacing the Qualification Directive with a Regulation , setting uniform standards for the recognition of persons in need of protection and the rights granted to beneficiaries of international protection; a proposal revising the Reception Conditions Directive ; a structured Union resettlement framework , moving towards a more managed approach to international protection within the EU.
CONTENT: the aim of this proposal is to ensure fast and efficient treatment of applications for international protection by establishing a common procedure for granting and withdrawing international protection, which replaces the various procedures in the Member States, and which is applicable to all applications for international protection made in Member States.
By choosing the form of a Regulation, which is directly applicable in all Member States, and by removing elements of discretion as well as simplifying, streamlining and consolidating procedural arrangements, the proposal aims at achieving a higher degree of harmonisation and greater uniformity in the outcome of asylum procedures across all Member States, thereby removing incentives for asylum shopping and secondary movements between Member States.
The proposal promotes the objective of ensuring fast but high quality decision making at all stages of the procedure
Main aims of the proposal :
1. Simpler, clearer and shorter procedures which replace the current disparate procedural arrangements in the Member States.
- time-limits : this proposal provides for short but reasonable time-limits for an applicant to accede to the procedure and for concluding the examination of applications both at the administrative and the appeal stages. The six-month benchmark for a first decision is maintained, while significantly shorter time-limits are foreseen for dealing with manifestly unfounded and inadmissible claims.
Member States also have possibility to prioritise and examine quickly any application. Time-limits for registering, lodging and examining applications are set up but may be exceptionally extended when Member States receive a disproportionate number of simultaneous applications . To plan for such eventualities, Member States should rather regularly review and anticipate their needs to ensure that they have adequate resources in place to manage their asylum system efficiently. Where necessary, Member States may also rely on the assistance of the European Union Agency for Asylum. In addition, the use of the admissibility procedure and the accelerated examination procedure becomes mandatory and the provisions on subsequent applications are clarified allowing for exceptions from the right to remain at the end of or during the administrative procedure.
These procedures should be expedient and for this reason the time-limit proposed for an accelerated examination procedure is of two months whereas that for inadmissibility cases is of one month.
In cases where the ground for inadmissibility is the fact that an applicant comes from a first country of asylum or a safe-third country, the time-limit for the admissibility check is set at ten working days.
Border procedures , which normally imply the use of detention throughout the procedure, remain optional and can be applied for examining admissibility or the merits of applications on the same grounds as under an accelerated examination procedure. If no decision is taken within four weeks, the applicant gains the right to enter and remain on the territory.
- additional elements : following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.
2. Procedural guarantees safeguarding the rights of the applicants to ensure that asylum claims are adequately assessed within the framework of a streamlined and shorter procedure.
This is ensured by informing all applicants , at the start of the procedure, of their rights, obligations and consequences of not complying with their obligations. The applicants need to be given an effective opportunity to cooperate and properly communicate with the responsible authorities so as to present all facts at their disposal to substantiate their claim. Applicants are required to cooperate with the responsible authorities for them to be able to establish their identity, including by providing their fingerprints and facial image. The applicant needs to inform the responsible authorities of his or place of residence and telephone number so that he or she can be reached for the purposes of the procedure.
- personal interview : the proposal contains important guarantees for the applicant to ensure that, subject to limited exceptions and at all stages of the procedure, an applicant enjoys the right to be heard through a personal interview, is assisted with the necessary interpretation and is provided with free legal assistance and representation. However, Member States may decide not to provide free legal assistance and representation when the applicant has sufficient resources and where the application or appeal are considered as having no tangible prospect of success;
- right to remain on the territory : within three working days from lodging an application, the applicant must be provided with a document certifying that the individual is an applicant, stating that he or she has a right to remain on the territory of the Member State and stating that it is not a valid travel document . The proposal sets out the type of information that should be included in that document and foresees the possibility of having a uniform format for those documents to be established by means of an implementing act so as to ensure that all applicants receive the same document across all Member States ;
- right to an effective remedy : the applicants have the right to appropriate notification of a decision, the reasons for that decision in fact and in law and, in the case of a negative decision, they have the right to an effective remedy before a court or a tribunal ;
- unaccompanied minors : the proposal upholds a high level of special procedural guarantees for vulnerable categories of applicants, and in particular for unaccompanied minors. To ensure a fair procedure for these applicants, it is necessary to identify their needs as early as possible in the procedure and to provide them with adequate support and guidance throughout all stages of the procedure.
As regards children in general, the best interests of the child as a primary consideration is the prevailing principle when applying the common procedure. All children, irrespective of their age and of whether they are accompanied or not, shall also have the right to a personal interview unless it is manifestly not in the child's best interests.
As regards unaccompanied minors, they should be assigned a guardian as soon as possible and not later than five working days from the moment an unaccompanied minor makes an application. The role of the guardian is to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well-being in the procedure for international protection. The proposal provides that a guardian should not be made responsible for a disproportionate number of minors
3. Stricter rules to prevent abuse of the system, sanction manifestly abusive claims and remove incentives for secondary movements by setting out clear obligations for applicants to cooperate with the authorities throughout the procedure and by attaching strict consequences to non-compliance with obligations.
In this respect, the examination of an application for international protection is made conditional upon lodging an application, fingerprinting, providing the necessary details for the examination of the application as well as presence and stay in the Member State responsible.
Failure to comply with any of these obligations may lead to an application being rejected as abandoned in accordance with the procedure for implicit withdrawal.
The current optional procedural instruments for sanctioning abusive behaviour of applicants, secondary movements and manifestly unfounded claims are made compulsory and further reinforced. In particular, the proposal provides for clear, exhaustive and compulsory lists of grounds where an examination must be accelerated and where applications must be rejected as manifestly unfounded or as abandoned. Moreover, the ability to respond to subsequent applications abusing the asylum procedure has been reinforced, in particular by enabling the removal of such applicants from Member States' territories before and after an administrative decision is taken on their applications.
At the same time, all guarantees are in place, including the right to an effective remedy , to ensure that the rights of applicants are always guaranteed.
4. Harmonised rules on safe countries : where applicants are manifestly not in need of international protection because they come from a safe country of origin, their applications must be quickly rejected and a swift return organised . Where applicants have already found a first country of asylum where they enjoy protection or where their applications can be examined by a safe third country, applications must be declared inadmissible. The Commission proposes to progressively move towards full harmonisation in this area, and to replace national safe country lists with European lists or designations at Union level within five years of entry into force of the Regulation ('sunset' clause).
The proposed EU common list of safe countries of origin includes Albania, Bosnia and Herzegovina, former Yugoslav Republic of Macedonia, Kosovo, Montenegro, Serbia and Turkey.
Monitoring, evaluation and reporting arrangements : the Commission shall report on the application of this Regulation to the European Parliament and to the Council within two years from its entry into force and every five years after that.
Documents
Documents
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000947
- Amendments tabled in committee: PE745.488
- Amendments tabled in committee: PE699.340
- Amendments tabled in committee: PE702.964
- Amendments tabled in committee: PE697.689
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Supplementary legislative basic document: COM(2020)0611
- Supplementary legislative basic document: EUR-Lex
- Contribution: COM(2016)0467
- Committee report tabled for plenary, 1st reading/single reading: A8-0171/2018
- Committee report tabled for plenary, 1st reading: A8-0171/2018
- Debate in Council: 3545
- Committee draft report: PE597.506
- Committee of the Regions: opinion: CDR5807/2016
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Debate in Council: 3490
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Legislative proposal published: COM(2016)0467
- Legislative proposal published: EUR-Lex
- Committee of the Regions: opinion: CDR5807/2016
- Committee draft report: PE597.506
- Committee report tabled for plenary, 1st reading/single reading: A8-0171/2018
- Supplementary legislative basic document: COM(2020)0611 EUR-Lex
- Amendments tabled in committee: PE697.689
- Amendments tabled in committee: PE699.340
- Amendments tabled in committee: PE702.964
- Amendments tabled in committee: PE745.488
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000947
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2020)0611
- Contribution: COM(2016)0467
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
Votes
A8-0171/2018 – Fabienne Keller – Request to vote on the amendments to the draft legislative act #
2024/04/10 Outcome: -: 476, +: 135, 0: 11
NI
The Left
PPEA8-0171/2018 – Fabienne Keller – Provisional agreement – Am 346 #
2024/04/10 Outcome: +: 301, -: 269, 0: 51
| Amendments | Dossier |
| 2078 |
2016/0224(COD)
2017/06/26
LIBE
1409 amendments...
Amendment 1000 #
Proposal for a regulation Article 30 – paragraph 1 – point a Amendment 1001 #
Proposal for a regulation Article 30 – paragraph 1 – point a Amendment 1002 #
Proposal for a regulation Article 30 – paragraph 1 – point a Amendment 1003 #
Amendment 1004 #
Proposal for a regulation Article 30 – paragraph 1 – point b Amendment 1005 #
Proposal for a regulation Article 30 – paragraph 1 – point b Amendment 1006 #
Proposal for a regulation Article 30 – paragraph 1 – point c Amendment 1007 #
Proposal for a regulation Article 30 – paragraph 1 – point c Amendment 1008 #
Proposal for a regulation Article 30 – paragraph 1 – point c Amendment 1009 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 1 Organisations and persons accredited under national law for providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.
Amendment 1010 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 1 Organisations and persons accredited under national law for providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.
Amendment 1011 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 1 Amendment 1012 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 2 Amendment 1013 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 2 Member States may impose limits to such access where, by virtue of national law, they are necessary for the security
Amendment 1014 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 2 Member States may impose limits to such access where, by virtue of national law, they are necessary for the security
Amendment 1015 #
Proposal for a regulation Article 31 – title Amendment 1016 #
Proposal for a regulation Article 31 – title Applications on behalf of a spouse,
Amendment 1017 #
Proposal for a regulation Article 31 – title Applications on behalf of a
Amendment 1018 #
Proposal for a regulation Article 31 – title Applications on behalf of a
Amendment 1019 #
Proposal for a regulation Article 31 – title Applications on behalf of a
Amendment 1020 #
Proposal for a regulation Article 31 – paragraph 1 1.
Amendment 1021 #
Proposal for a regulation Article 31 – paragraph 1 1. An applicant may lodge an application on behalf of
Amendment 1022 #
Proposal for a regulation Article 31 – paragraph 1 1. An applicant may lodge an application on behalf of
Amendment 1023 #
Proposal for a regulation Article 31 – paragraph 1 1. An applicant may lodge an application on behalf of his or her
Amendment 1024 #
Proposal for a regulation Article 31 – paragraph 1 1. An applicant may lodge an application on behalf of his or her spouse
Amendment 1025 #
Proposal for a regulation Article 31 – paragraph 1 1. An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minor
Amendment 1026 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 1027 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 1028 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 1029 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 1030 #
Proposal for a regulation Article 31 – paragraph 2 2. The spouse or partner referred to in paragraph 1 shall be informed in private by the determining authority of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be
Amendment 1031 #
Proposal for a regulation Article 31 – paragraph 2 2. The spouse
Amendment 1032 #
Proposal for a regulation Article 31 – paragraph 3 Amendment 1033 #
Proposal for a regulation Article 31 – paragraph 3 Amendment 1034 #
Proposal for a regulation Article 31 – paragraph 3 Amendment 1035 #
Proposal for a regulation Article 31 – paragraph 3 Amendment 1036 #
Proposal for a regulation Article 31 – paragraph 3 3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the
Amendment 1037 #
Proposal for a regulation Article 31 – paragraph 3 3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the twenty working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another twenty working- day period starting from the expiry of the first t
Amendment 1038 #
Proposal for a regulation Article 31 – paragraph 3 3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the
Amendment 1039 #
Proposal for a regulation Article 31 – paragraph 3 3. Where an applicant does not lodge an application on behalf of his or her spouse
Amendment 1040 #
Proposal for a regulation Article 31 – paragraph 4 Amendment 1041 #
Proposal for a regulation Article 31 – paragraph 4 Amendment 1042 #
Proposal for a regulation Article 31 – paragraph 4 4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of and with the consent of that dependent adult if, on the basis of an individual assessment of his or her
Amendment 1043 #
Proposal for a regulation Article 31 – paragraph 4 4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the
Amendment 1044 #
Proposal for a regulation Article 31 – paragraph 4 4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the
Amendment 1045 #
Proposal for a regulation Article 31 – paragraph 4 4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the twenty working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation,
Amendment 1046 #
Proposal for a regulation Article 31 – paragraph 5 Amendment 1047 #
Proposal for a regulation Article 31 – paragraph 5 Amendment 1048 #
Proposal for a regulation Article 31 – paragraph 5 5. Where a person has lodged an application on behalf of
Amendment 1049 #
Proposal for a regulation Article 31 – paragraph 5 5. Where a person has lodged an application on behalf of his or her
Amendment 1050 #
Proposal for a regulation Article 31 – paragraph 5 5. Where a person has lodged an application on behalf of his or her spouse or
Amendment 1051 #
Proposal for a regulation Article 31 – paragraph 7 Amendment 1052 #
Proposal for a regulation Article 31 – paragraph 8 Amendment 1053 #
Proposal for a regulation Article 31 – paragraph 8 Amendment 1054 #
Proposal for a regulation Article 31 – paragraph 8 8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application
Amendment 1055 #
Proposal for a regulation Article 31 – paragraph 8 8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the
Amendment 1056 #
Proposal for a regulation Article 31 – paragraph 9 Amendment 1057 #
Proposal for a regulation Article 31 – paragraph 9 Amendment 1058 #
Proposal for a regulation Article 31 – paragraph 9 9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility and the procedure to lodge his or her application in his or her own name and given an effective opportunity to do so within a further ten working-day period starting from the
Amendment 1059 #
Proposal for a regulation Article 31 – paragraph 9 9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the
Amendment 1060 #
Proposal for a regulation Article 31 – paragraph 9 9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the twenty working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further twenty working-day period starting from the expiry of the first twenty working- day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further twenty working days, the a
Amendment 1061 #
Proposal for a regulation Article 31 – paragraph 9 9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the
Amendment 1062 #
Proposal for a regulation Article 31 – paragraph 10 Amendment 1063 #
Proposal for a regulation Article 31 – paragraph 10 Amendment 1064 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 1 Amendment 1065 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 1 For the purpose of taking a decision on the admissibility of an application in case of a separate application by a
Amendment 1066 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 1 For the purpose of taking a decision on the admissibility of an application in case of a separate application by a
Amendment 1067 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 1 For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse
Amendment 1068 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 2 Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits.
Amendment 1069 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 2 Where there are facts relating to the situation of the
Amendment 1070 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 2 Where there are facts relating to the situation of the
Amendment 1071 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 2 Where there are facts relating to the situation of the spouse
Amendment 1072 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 2 Where there are facts relating to the situation of
Amendment 1073 #
Proposal for a regulation Article 32 – paragraph 1 1. An unaccompanied minor shall lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned, or his or her guardian shall lodge it on his or her behalf.
Amendment 1074 #
Proposal for a regulation Article 32 – paragraph 2 2.
Amendment 1075 #
Proposal for a regulation Article 32 – paragraph 2 2. In the case of an unaccompanied minor, the
Amendment 1076 #
Proposal for a regulation Article 32 – paragraph 2 2. In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor
Amendment 1077 #
Proposal for a regulation Article 32 – paragraph 2 2. In the case of an unaccompanied minor, the twenty working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those twenty working days, the determining authority shall lodge an application on behalf of the unaccompanied minor
Amendment 1078 #
Proposal for a regulation Article 32 – paragraph 2 2. In the case of an unaccompanied minor, the
Amendment 1079 #
Proposal for a regulation Article 32 – paragraph 3 Amendment 1080 #
Proposal for a regulation Article 33 – paragraph 2 Amendment 1081 #
Proposal for a regulation Article 33 – paragraph 2 – introductory part 2.
Amendment 1082 #
Proposal for a regulation Article 33 – paragraph 2 – introductory part 2. The determining authority shall take decisions on applications for international protection after an appropriate examination
Amendment 1083 #
Proposal for a regulation Article 33 – paragraph 2 – point b (b) all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum
Amendment 1084 #
Proposal for a regulation Article 33 – paragraph 2 – point b (b) all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights and child- focused organisations, or from other sources;
Amendment 1085 #
Proposal for a regulation Article 33 – paragraph 2 – point d (d) the individual position and personal circumstances of the applicant
Amendment 1086 #
Proposal for a regulation Article 33 – paragraph 2 – point г (d) the individual position and personal circumstances of the applicant, including factors such as background, gender
Amendment 1087 #
Proposal for a regulation Article 33 – paragraph 2 – point e Amendment 1088 #
Proposal for a regulation Article 33 – paragraph 2 – point e Amendment 1089 #
Proposal for a regulation Article 33 – paragraph 2 – point e (e)
Amendment 1090 #
Proposal for a regulation Article 33 – paragraph 2 – point e (e) whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole
Amendment 1091 #
Proposal for a regulation Article 33 – paragraph 2 – point f Amendment 1092 #
Proposal for a regulation Article 33 – paragraph 2 – point f (f) whether
Amendment 1093 #
Proposal for a regulation Article 33 – paragraph 2 – point f (f) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship or residence status.
Amendment 1094 #
Proposal for a regulation Article 33 – paragraph 2 – point f (f) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country
Amendment 1095 #
Proposal for a regulation Article 33 – paragraph 2 a (new) 2 a. Where, at any time before a final decision has been taken on application for international protection, the applicant is granted an EU Blue Card in accordance with Directive xxx/xxx (on the conditions of entry and residence of third country nationals for the purpose of highly skilled employment), that application shall be postponed. That postponement shall last until the EU Blue Card - and any renewal of the EU Blue Card - has expired and the applicant has returned to the Member State responsible for the application of international protection. All the relevant time-limits, in respect of that application for international protection, as laid down in this Regulation shall be postponed accordingly. Those time-limits shall start to run again only once the applicant has returned to the Member State responsible for the application for international protection. An applicant for international protection who is granted an EU Blue Card may explicitly withdraw his or her application for international protection at any time during the validity of the EU Blue Card in accordance with Article 38.The determining authority shall not consider an application for international protection to be implicitly withdrawn in accordance with Article 39 on the ground that the applicant has become an EU Blue Card holder.
Amendment 1096 #
Proposal for a regulation Article 33 – paragraph 3 3. The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum
Amendment 1097 #
Proposal for a regulation Article 33 – paragraph 3 3. The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law and shall have completed the necessary training under Regulation (EU) XXX/XXX (EU Asylum Agency Regulation). They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).
Amendment 1098 #
Proposal for a regulation Article 33 – paragraph 5 – introductory part 5. An examination of an application for international protection may be prioritised in accordance with the basic principles and guarantees of Chapter II, in particular, where
Amendment 1099 #
Proposal for a regulation Article 33 – paragraph 5 – point a Amendment 1100 #
Proposal for a regulation Article 33 – paragraph 5 – point a Amendment 1101 #
Proposal for a regulation Article 33 – paragraph 5 – point a (a) the application is prima facie regarded as likely to be well-
Amendment 1102 #
Proposal for a regulation Article 33 – paragraph 5 – point b Amendment 1103 #
Proposal for a regulation Article 33 – paragraph 5 – point b (b) the applicant has speci
Amendment 1104 #
Proposal for a regulation Article 33 – paragraph 5 – point b (b) the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees as referred to in Articles 19 to 22 of this Regulation, in particular where he or she is an unaccompanied minor.
Amendment 1105 #
Proposal for a regulation Article 33 – paragraph 5 – point b (b) the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees
Amendment 1106 #
Proposal for a regulation Article 33 – paragraph 5 – point b (b) the applicant has speci
Amendment 1107 #
Proposal for a regulation Article 33 – paragraph 5 a (new) 5 a. The European Agency for Asylum shall be a centre for gathering relevant, reliable, objective, accurate and up-to date information on relevant third countries in a transparent and impartial manner, making use of relevant information, including child-specific and gender- specific information, as well as targeted information on persons belonging to vulnerable groups as provided in Articles 8 and 9 in the Regulation (EU) XXX/XXX (on the European Agency for Asylum).
Amendment 1108 #
Proposal for a regulation Article 33 – paragraph 5 b (new) 5 b. The European Agency for Asylum shall regularly review the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX [SCO/APR] or designated as safe third countries at Union level in accordance with Regulation (EU) No XXX/XXX [APR], including those that have been suspended by the Commission and those that have been removed from that list.
Amendment 1109 #
Proposal for a regulation Article 34 – paragraph 1 Amendment 1110 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 1 The examination to determine the admissibility of an application in accordance with Article 36(1) shall not take longer than one month from the lodging of an application. Where the determining authority does not determine the admissibility of an application within one month, it shall continue the examination of the application in accordance with paragraph 2 and 3 and Article 37 and shall inform the applicant accordingly.
Amendment 1111 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 1 Amendment 1112 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Amendment 1113 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Amendment 1114 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 The time-limit for such examination shall be ten
Amendment 1115 #
Proposal for a regulation Article 34 – paragraph 2 2. The determining authority shall ensure that an examination procedure on the merits is concluded as soon as possible and not later than
Amendment 1116 #
Proposal for a regulation Article 34 – paragraph 2 2. The determining authority shall ensure that an examination procedure
Amendment 1117 #
Proposal for a regulation Article 34 – paragraph 3 Amendment 1118 #
Proposal for a regulation Article 34 – paragraph 3 – introductory part 3. The determining authority may extend that time-limit
Amendment 1119 #
Proposal for a regulation Article 34 – paragraph 3 – point a (a) a disproportionate number of third- country nationals or stateless persons simultaneously apply for international protection, making it difficult in practice to conclude the procedure within the
Amendment 1120 #
Proposal for a regulation Article 34 – paragraph 5 Amendment 1121 #
Proposal for a regulation Article 34 – paragraph 5 Amendment 1122 #
Proposal for a regulation Article 34 – paragraph 5 Amendment 1123 #
Proposal for a regulation Article 34 – paragraph 5 – subparagraph 1 Amendment 1124 #
Proposal for a regulation Article 34 – paragraph 5 – subparagraph 1 – point a (a) conduct reviews of the situation in that country of origin at least every two months; these reviews will be undertaken from competent bodies at EU level.
Amendment 1125 #
Proposal for a regulation Article 34 – paragraph 5 – subparagraph 1 – point b (b) inform the applicants concerned
Amendment 1126 #
Proposal for a regulation Article 34 – paragraph 5 – subparagraph 2 The Member State shall inform the Commission and the European Union Agency for Asylum within a reasonable time of the postponement of procedures for that country of origin. In any event, the determining authority shall conclude the examination procedure within 1
Amendment 1127 #
Proposal for a regulation Article 35 – paragraph 1 1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant
Amendment 1128 #
Proposal for a regulation Article 35 – paragraph 1 1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand, and where possible using simple language.
Amendment 1129 #
Proposal for a regulation Article 35 – paragraph 1 1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands
Amendment 1130 #
1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands
Amendment 1131 #
Proposal for a regulation Article 35 – paragraph 1 1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands
Amendment 1132 #
Proposal for a regulation Article 35 – paragraph 2 Amendment 1133 #
Proposal for a regulation Article 35 – paragraph 2 2. Where an application is rejected as inadmissible, as unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as abandoned, the reasons in fact and in law shall be stated in the decision. Information on how to challenge a decision refusing to grant international protection shall be given in writing
Amendment 1134 #
Proposal for a regulation Article 35 – paragraph 2 2. Where an application is rejected as inadmissible, as unfounded with regard to refugee
Amendment 1135 #
Proposal for a regulation Article 35 – paragraph 2 2. Where an application is rejected as inadmissible, as unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as abandoned, the reasons in fact and in law shall be stated in the decision. Information on how to challenge a decision refusing to grant international protection
Amendment 1136 #
Proposal for a regulation Article 35 – paragraph 3 3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application is based on the
Amendment 1137 #
Proposal for a regulation Article 35 – paragraph 3 3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application is based on the same grounds, the determining authority may take a single decision, covering all applicants, unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests
Amendment 1138 #
3. In cases of applications on behalf of
Amendment 1139 #
Proposal for a regulation Article 35 – paragraph 3 3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application
Amendment 1140 #
Proposal for a regulation Article 35 – paragraph 3 3.
Amendment 1141 #
Proposal for a regulation Article 36 Amendment 1142 #
Proposal for a regulation Article 36 Amendment 1143 #
Proposal for a regulation Article 36 – paragraph 1 Amendment 1144 #
Proposal for a regulation Article 36 – paragraph 1 – introductory part 1.
Amendment 1145 #
Proposal for a regulation Article 36 – paragraph 1 – introductory part 1. The determining authority shall assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and
Amendment 1146 #
Proposal for a regulation Article 36 – paragraph 1 – introductory part 1. The determining authority
Amendment 1147 #
Proposal for a regulation Article 36 – paragraph 1 – introductory part 1. The determining authority
Amendment 1148 #
Proposal for a regulation Article 36 – paragraph 1 – point a Amendment 1149 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) a country which is not a Member State is considered to be a first country of asylum for the applicant pursuant to Article 44,
Amendment 1150 #
Proposal for a regulation Article 36 – paragraph 1 – point b Amendment 1151 #
Proposal for a regulation Article 36 – paragraph 1 – point b (b) a country which is not a Member State is considered to be a safe third country for the applicant pursuant to Article 45,
Amendment 1152 #
Proposal for a regulation Article 36 – paragraph 1 – point c Amendment 1153 #
Proposal for a regulation Article 36 – paragraph 1 – point d Amendment 1154 #
Proposal for a regulation Article 36 – paragraph 1 – point d (d) a spouse or partner or accompanied minor lodges an application after he or she had consented, in accordance with Article 31, to have an application lodged on his or her behalf, and there are no facts relating to the situation of the spouse, partner or minor which justify a separate application.
Amendment 1155 #
Proposal for a regulation Article 36 – paragraph 1 – point г г) a
Amendment 1156 #
Proposal for a regulation Article 36 – paragraph 2 Amendment 1157 #
Proposal for a regulation Article 36 – paragraph 2 2. An application shall not be examined on its merits in the cases where an application is not examined in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), including when another Member State has granted international protection to the applicant
Amendment 1158 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 1159 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 1160 #
Proposal for a regulation Article 36 – paragraph 3 3. Paragraph 1(a) and (b) shall not apply to a beneficiary of
Amendment 1161 #
Proposal for a regulation Article 36 – paragraph 4 Amendment 1162 #
Proposal for a regulation Article 36 – paragraph 4 Amendment 1163 #
Proposal for a regulation Article 36 – paragraph 4 Amendment 1164 #
Proposal for a regulation Article 36 – paragraph 5 Amendment 1165 #
Proposal for a regulation Article 36 – paragraph 5 Amendment 1166 #
Proposal for a regulation Article 36 – paragraph 5 5. Where the determining authority prima facie considers that an application may be rejected as manifestly unfounded in accordance with Article 37(3), it shall not be obliged to pronounce itself on the admissibility of the application.
Amendment 1167 #
Proposal for a regulation Article 37 – paragraph 1 1. When examining an application on the merits, the determining authority shall take a decision on whether the applicant qualifies as a refugee
Amendment 1168 #
Proposal for a regulation Article 37 – paragraph 2 2. The determining authority shall reject an application as unfounded where it has established that the applicant does not qualify for international protection
Amendment 1169 #
Proposal for a regulation Article 37 – paragraph 3 3.
Amendment 1170 #
Proposal for a regulation Article 37 – paragraph 3 3. The determining authority shall declare an unfounded application to be manifestly unfounded in the cases referred to in Article 40(1)(a), (b), (c),
Amendment 1171 #
Proposal for a regulation Article 37 – paragraph 3 3. The determining authority shall declare an unfounded application to be manifestly unfounded in the cases referred to in Article 40
Amendment 1172 #
Proposal for a regulation Article 37 – paragraph 3 3. The determining authority
Amendment 1173 #
Proposal for a regulation Article 37 – paragraph 3 3. The determining authority
Amendment 1174 #
Proposal for a regulation Article 38 – paragraph 1 1. An applicant may, of his or her own motion and at any time during the procedure, withdraw his or her application. The determining authority shall ensure that the applicant understands all procedural consequences of such a decision.
Amendment 1176 #
Proposal for a regulation Article 39 – title Amendment 1177 #
Proposal for a regulation Article 39 – paragraph 1 – introductory part 1. The determining authority
Amendment 1178 #
Proposal for a regulation Article 39 – paragraph 1 – introductory part 1. The determining authority shall
Amendment 1179 #
Proposal for a regulation Article 39 – paragraph 1 – introductory part 1. The determining authority shall reject an application as
Amendment 1180 #
Proposal for a regulation Article 39 – paragraph 1 – point a (a) the applicant has not lodged his or her application in accordance with Article 28, despite having had an effective opportunity to do so and having been informed about the consequences of not lodging the application within the time- limit;
Amendment 1181 #
Proposal for a regulation Article 39 – paragraph 1 – point a (a) three months following the registration and despite being reminded by the determining authority the applicant has not lodged his or her application in accordance with Article 28, despite having had an effective opportunity to do so
Amendment 1182 #
Proposal for a regulation Article 39 – paragraph 1 – point b Amendment 1183 #
Proposal for a regulation Article 39 – paragraph 1 – point b (b) three months following the registration and despite being reminded by the determining authority a spouse, partner or minor has not lodged his or her application after the applicant failed to lodge the application on his or her own behalf as referred to in Article 31(3) and (8);
Amendment 1184 #
Proposal for a regulation Article 39 – paragraph 1 – point б б) a
Amendment 1185 #
Proposal for a regulation Article 39 – paragraph 1 – point b b) a spouse
Amendment 1186 #
Proposal for a regulation Article 39 – paragraph 1 – point c (c) the applicant refuses to cooperate by not providing the necessary details referred to in points (a) and (b) of the second paragraph of Article 27(1) for the application to be examined
Amendment 1187 #
Proposal for a regulation Article 39 – paragraph 1 – point c (c) the applicant refuses to cooperate by not providing all the necessary details for the application to be examined
Amendment 1188 #
Proposal for a regulation Article 39 – paragraph 1 – point c (c) the applicant refuses to cooperate by not providing the
Amendment 1189 #
Proposal for a regulation Article 39 – paragraph 1 – point c (c) the applicant refuses to cooperate by not providing the necessary details
Amendment 1190 #
Proposal for a regulation Article 39 – paragraph 1 – point d Amendment 1191 #
Proposal for a regulation Article 39 – paragraph 1 – point d (d) the applicant has, on more than one occasion and without reasonable explanation, not appeared for a personal interview although he was required to do so pursuant to Articles 10 to 12;
Amendment 1192 #
Proposal for a regulation Article 39 – paragraph 1 – point e Amendment 1193 #
Proposal for a regulation Article 39 – paragraph 1 – point e Amendment 1194 #
Proposal for a regulation Article 39 – paragraph 1 – point e Amendment 1195 #
Proposal for a regulation Article 39 – paragraph 1 – point f Amendment 1196 #
Proposal for a regulation Article 39 – paragraph 1 – point f Amendment 1197 #
Proposal for a regulation Article 39 – paragraph 1 – point f (f) the applicant has
Amendment 1198 #
Proposal for a regulation Article 39 – paragraph 1 – point f (f) the applicant has
Amendment 1199 #
Proposal for a regulation Article 39 – paragraph 1 – point f a (new) (fa) the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision;
Amendment 1200 #
Proposal for a regulation Article 39 – paragraph 1 a (new) 1 a. (g) the applicant violates the obligations set out in Article 4(1) and Article 20(3) of Regulation (EU) No XXX/XXX (Dublin Regulation), without being able to demonstrate that the violation was due to circumstances beyond his or her control.
Amendment 1201 #
Proposal for a regulation Article 39 – paragraph 2 Amendment 1202 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in paragraph 1, and where the applicant has been properly informed by the responsible authorities at the beginning of the procedure of his or her obligations referred to in this regulation and the consequences deriving from not adhering to these obligations, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her
Amendment 1203 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as
Amendment 1204 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless
Amendment 1205 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless the applicant reports to the determining authority within a period of
Amendment 1206 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in
Amendment 1207 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application
Amendment 1208 #
Proposal for a regulation Article 39 – paragraph 3 Amendment 1209 #
Proposal for a regulation Article 39 – paragraph 3 Amendment 1210 #
Proposal for a regulation Article 39 – paragraph 3 3. Where the applicant reports to the determining authority within that one- month period
Amendment 1211 #
Proposal for a regulation Article 39 – paragraph 3 3. Where the applicant reports to the determining authority within that
Amendment 1212 #
Proposal for a regulation Article 39 – paragraph 4 Amendment 1213 #
Proposal for a regulation Article 39 – paragraph 4 4. Where the applicant does not report to the determining authority within this one-month period
Amendment 1214 #
Proposal for a regulation Article 39 – paragraph 4 4. Where the applicant does not report to the determining authority within this
Amendment 1215 #
Proposal for a regulation Article 39 – paragraph 4 4. Where the applicant does not report to the determining authority within this
Amendment 1216 #
Proposal for a regulation Article 39 – paragraph 5 Amendment 1217 #
Proposal for a regulation Article 39 – paragraph 5 Amendment 1218 #
Proposal for a regulation Article 39 – paragraph 5 (5) Where an application is implicitly withdrawn, the determining authority shall
Amendment 1219 #
Proposal for a regulation Article 39 – paragraph 5 5. Where an application is implicitly withdrawn, the determining authority
Amendment 1220 #
Proposal for a regulation Article 39 – paragraph 5 a (new) 5 a. In deciding on the circumstances referred to in paragraph 1, the determining authority shall ensure that such a person is not removed contrary to the principle of non-refoulement.
Amendment 1221 #
Proposal for a regulation Article 39 – paragraph 5 a (new) 5a. The implicit withdrawal procedure shall not apply to minors.
Amendment 1222 #
Proposal for a regulation Article 40 – paragraph 1 – introductory part 1. The determining authority shall, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection
Amendment 1223 #
Proposal for a regulation Article 40 – paragraph 1 – introductory part 1. The determining authority
Amendment 1224 #
Proposal for a regulation Article 40 – paragraph 1 – introductory part 1. The determining authority
Amendment 1225 #
Proposal for a regulation Article 40 – paragraph 1 – introductory part 1. The determining authority
Amendment 1226 #
Proposal for a regulation Article 40 – paragraph 1 – point a Amendment 1227 #
(aa) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member States;
Amendment 1228 #
Proposal for a regulation Article 40 – paragraph 1 – point a a (new) (aa) the application is likely to be well- founded;
Amendment 1229 #
Proposal for a regulation Article 40 – paragraph 1 – point b Amendment 1230 #
Proposal for a regulation Article 40 – paragraph 1 – point c Amendment 1231 #
Proposal for a regulation Article 40 – paragraph 1 – point c Amendment 1232 #
Proposal for a regulation Article 40 – paragraph 1 – point c (c) the applicant has misled the authorities by presenting false information or documents or by withholding, destroying or disposing of relevant information or documents with respect to his or her identity
Amendment 1233 #
Proposal for a regulation Article 40 – paragraph 1 – point c (c) the applicant has misled the authorities by presenting false information or false or forged documents or by withholding relevant information or documents with respect to his or her identity, age or nationality that could have had a negative impact on the decision;
Amendment 1234 #
Proposal for a regulation Article 40 – paragraph 1 – point d Amendment 1235 #
Proposal for a regulation Article 40 – paragraph 1 – point d Amendment 1236 #
Proposal for a regulation Article 40 – paragraph 1 – point d (d) the applicant is making an application
Amendment 1237 #
Proposal for a regulation Article 40 – paragraph 1 – point d (d) the applicant is making an application merely to delay
Amendment 1238 #
Proposal for a regulation Article 40 – paragraph 1 – point e Amendment 1239 #
Proposal for a regulation Article 40 – paragraph 1 – point e Amendment 1240 #
Proposal for a regulation Article 40 – paragraph 1 – point e (e) a third country may be considered as a safe country of origin for the applicant within the meaning of this Regulation, provided that adequate support for the purpose of Article 19 can be provided within the framework of such a procedure;
Amendment 1241 #
Proposal for a regulation Article 40 – paragraph 1 – point e (e) a third country
Amendment 1242 #
Proposal for a regulation Article 40 – paragraph 1 – point f Amendment 1243 #
Proposal for a regulation Article 40 – paragraph 1 – point f Amendment 1244 #
Proposal for a regulation Article 40 – paragraph 1 – point f Amendment 1245 #
Proposal for a regulation Article 40 – paragraph 1 – point f (f) the applicant may
Amendment 1246 #
Proposal for a regulation Article 40 – paragraph 1 – point f (f) the applicant may
Amendment 1247 #
Proposal for a regulation Article 40 – paragraph 1 – point f a (new) (f a) the applicant has committed a criminal offence, which is penalised by imprisonment.
Amendment 1248 #
Proposal for a regulation Article 40 – paragraph 1 – point g Amendment 1249 #
Proposal for a regulation Article 40 – paragraph 1 – point g Amendment 1250 #
Proposal for a regulation Article 40 – paragraph 1 – point g Amendment 1251 #
Proposal for a regulation Article 40 – paragraph 1 – point g Amendment 1252 #
Proposal for a regulation Article 40 – paragraph 1 – point g (g) the applicant does not comply with the obligations set out in Article 4(1) and Article
Amendment 1253 #
Proposal for a regulation Article 40 – paragraph 1 – point g a (new) (g a) the applicant has travelled or attempted to travel to a country outside of the territory of the EU Member States, especially to the applicant's home country, since having been registered as applicant for international protection in an EU Member State.
Amendment 1254 #
Proposal for a regulation Article 40 – paragraph 1 – point h Amendment 1255 #
Proposal for a regulation Article 40 – paragraph 1 – point h Amendment 1256 #
Proposal for a regulation Article 40 – paragraph 1 – point з з) the application is a subsequent application, including where the person has already been refused protection or has been the subject of a return decision, where the application is so clearly without substance or abusive that it has no tangible prospect of success.
Amendment 1257 #
Proposal for a regulation Article 40 – paragraph 1 – point h (h) the application is a subsequent application
Amendment 1258 #
Proposal for a regulation Article 40 – paragraph 2 2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application.
Amendment 1259 #
Proposal for a regulation Article 40 – paragraph 2 2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application.
Amendment 1260 #
Proposal for a regulation Article 40 – paragraph 2 2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application.
Amendment 1261 #
Proposal for a regulation Article 40 – paragraph 2 2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application. By way of exception, in the cases set out in paragraph (1)(d) and (1)(h), the determining authority shall conclude the accelerated examination procedure within eight working days.
Amendment 1262 #
Proposal for a regulation Article 40 – paragraph 2 a (new) 2a. The Member State responsible shall allow applicants to remain on its territory until the time limit within which to exercise their right to an effective remedy has expired and, when such a right has been exercised within the time limit, pending the outcome of the remedy, in line with Article 54 of this Regulation.
Amendment 1263 #
Proposal for a regulation Article 40 – paragraph 4 4. Where the determining authority considers that the examination of the application involves issues of fact or law that are too complex to be examined under an accelerated examination procedure, it may continue the examination on the merits in accordance with Articles 34 and 37. This is without prejudice to the right of the determining authority to declare an application manifestly unfounded in accordance with Article 37(3) which shall remain valid also for the subsequent examination on the merits procedure. In that case, or where otherwise a decision cannot be taken within the time-limits referred to in paragraph 2, the applicant concerned shall be informed of the change in the procedure.
Amendment 1264 #
Proposal for a regulation Article 40 – paragraph 4 4. Where the determining authority considers that the examination of the application involves issues of fact or law that are too complex to be examined under an accelerated examination procedure,
Amendment 1265 #
Proposal for a regulation Article 40 – paragraph 5 Amendment 1266 #
Amendment 1267 #
Proposal for a regulation Article 40 – paragraph 5 Amendment 1268 #
Proposal for a regulation Article 40 – paragraph 5 – introductory part 5. The accelerated examination procedure may be applied to unaccompanied minors only whe
Amendment 1269 #
Proposal for a regulation Article 40 – paragraph 5 – introductory part 5. The accelerated examination procedure may be applied to unaccompanied minors only where
Amendment 1270 #
Proposal for a regulation Article 40 – paragraph 5 – point a Amendment 1271 #
Proposal for a regulation Article 40 – paragraph 5 – point a Amendment 1272 #
Proposal for a regulation Article 40 – paragraph 5 – point a Amendment 1273 #
Proposal for a regulation Article 40 – paragraph 5 – point b Amendment 1274 #
Proposal for a regulation Article 40 – paragraph 5 – point b Amendment 1275 #
Proposal for a regulation Article 40 – paragraph 5 a (new) 5 a. The accelerated examination procedure shall not apply to minors
Amendment 1277 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1. The determining authority may, in accordance with the basic principles and guarantees provided for in Chapter II, take a decision, at its own discretion and depending on its capacity, on an application at the border or in transit zones of the Member State on:
Amendment 1278 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1. The determining authority may
Amendment 1279 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1. The determining authority
Amendment 1280 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1. The determining authority
Amendment 1281 #
Proposal for a regulation Article 41 – paragraph 1 – point a Amendment 1282 #
Proposal for a regulation Article 41 – paragraph 1 – point a (a) the admissibility of an application made at such locations pursuant to Article 36
Amendment 1283 #
Proposal for a regulation Article 41 – paragraph 1 – point b Amendment 1284 #
Proposal for a regulation Article 41 – paragraph 1 – point b (b) the implicit withdrawal of an application pursuant to the relevant points in Article 39(1) or the merits of an application in the cases subject to the accelerated examination procedure referred to in Article 40.
Amendment 1285 #
Proposal for a regulation Article 41 – paragraph 2 2. A decision referred to in paragraph 1 shall be taken as soon as possible without prejudice to an adequate and complete examination of the application, and not longer than
Amendment 1286 #
Proposal for a regulation Article 41 – paragraph 2 2. A decision referred to in paragraph 1 shall be taken as soon as possible without prejudice to an adequate and complete examination of the application, and not longer than
Amendment 1287 #
Proposal for a regulation Article 41 – paragraph 3 3. Where a final decision is not taken within
Amendment 1288 #
Proposal for a regulation Article 41 – paragraph 3 3. Where a final decision is not taken within
Amendment 1289 #
Proposal for a regulation Article 41 – paragraph 3 3. Where a final decision is not taken within four weeks referred to in paragraph 2, the applicant shall no longer be kept at the border or transit zones and shall be granted entry to the territory of the Member State for his or her application to be processed in accordance with the other provisions of this
Amendment 1290 #
Proposal for a regulation Article 41 – paragraph 4 Amendment 1291 #
Proposal for a regulation Article 41 – paragraph 4 Amendment 1292 #
Proposal for a regulation Article 41 – paragraph 4 a (new) 4 a. The border procedure may not applied to unaccompanied minors.
Amendment 1293 #
Proposal for a regulation Article 41 – paragraph 4 a (new) 4 a. The border procedure shall not apply to minors.
Amendment 1294 #
Proposal for a regulation Article 41 – paragraph 5 Amendment 1295 #
Proposal for a regulation Article 41 – paragraph 5 Amendment 1296 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 Amendment 1297 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – introductory part The border procedure
Amendment 1298 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – introductory part The border procedure
Amendment 1299 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – introductory part Amendment 1300 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – introductory part The border procedure may be applied to unaccompanied minors, in accordance with Articles 8 to 11 of Directive (EU) No XXX/XXX (Reception Conditions Directive)
Amendment 1301 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point a Amendment 1302 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point a Amendment 1303 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point a (a) the applicant comes from a third country which is not a Member State that is considered
Amendment 1304 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point b Amendment 1305 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point b Amendment 1306 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point c Amendment 1307 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point c Amendment 1308 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point c (c) the
Amendment 1309 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point d Amendment 1310 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point d Amendment 1311 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point d (d) the applicant has misled the authorities by presenting false information or documents
Amendment 1312 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 2 Amendment 1313 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 2 Amendment 1314 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 2 Amendment 1315 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 2 Point (d) shall only be applied where there are serious grounds for considering that the applicant is attempting to conceal relevant
Amendment 1316 #
Proposal for a regulation Article 42 – paragraph 1 1. After a previous application had been rejected by means of a final decision, any further application made by the same applicant in
Amendment 1317 #
Proposal for a regulation Article 42 – paragraph 1 1. After a previous application had been rejected by means of a final decision, any second or further application made by the same applicant in any Member State shall be considered to be a subsequent application by the Member State responsible.
Amendment 1318 #
Proposal for a regulation Article 42 – paragraph 1 1. After a previous application ha
Amendment 1319 #
Proposal for a regulation Article 42 – paragraph 1 1. After a previous application had been rejected by means of a final decision, any further application made by the same applicant in any Member State shall be
Amendment 1320 #
Proposal for a regulation Article 42 – paragraph 2 Amendment 1321 #
Proposal for a regulation Article 42 – paragraph 2 2. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant
Amendment 1322 #
Proposal for a regulation Article 42 – paragraph 2 2. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant
Amendment 1323 #
Proposal for a regulation Article 42 – paragraph 3 Amendment 1324 #
Proposal for a regulation Article 42 – paragraph 3 3. The preliminary examination shall be carried out on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in Chapter II. The personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success. The written submissions may be dispensed with if the subsequent application is made shortly before the removal or flight, and there are indications that it is made merely to delay or frustrate the enforcement of a decision for removal. In those cases, the applicant shall be interviewed to assess if there are any new relevant elements or findings.
Amendment 1325 #
Proposal for a regulation Article 42 – paragraph 3 3. The preliminary examination shall be carried out on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in Chapter II
Amendment 1326 #
Proposal for a regulation Article 42 – paragraph 3 3.
Amendment 1327 #
Proposal for a regulation Article 42 – paragraph 4 – point a (a) relevant new elements or findings
Amendment 1328 #
Proposal for a regulation Article 42 – paragraph 4 – point b Amendment 1329 #
Proposal for a regulation Article 42 – paragraph 4 – point b (b) the applicant was unable, through no fault on his or her own part, to present those elements or findings during the procedure in the context of the earlier application
Amendment 1330 #
Proposal for a regulation Article 42 – paragraph 5 Amendment 1331 #
Proposal for a regulation Article 42 – paragraph 5 5. Where the conditions for initiating a new procedure as set out in paragraph 4 are not met, the determining authority shall reject the application as inadmissible
Amendment 1332 #
Proposal for a regulation Article 42 – paragraph 5 5. Where the conditions for initiating a new procedure as set out in paragraph 4 are not met, the determining authority shall reject the application as inadmissible
Amendment 1333 #
Proposal for a regulation Article 42 – paragraph 5 5. Where the conditions for initiating a new procedure as set out in paragraph 4 are not met, the determining authority shall reject the application as inadmissible
Amendment 1334 #
Proposal for a regulation Article 43 Amendment 1335 #
Proposal for a regulation Article 43 Amendment 1336 #
Proposal for a regulation Article 43 – paragraph 1 – introductory part Without prejudice to the principle of non- refoulement, Member States may provide an exception from the right to remain on their territory and derogate from Article 54(1), where a second or further subsequent application is made in any Member State following a final decision rejecting a previous subsequent application as inadmissible:
Amendment 1337 #
Proposal for a regulation Article 43 – paragraph 1 – introductory part Without prejudice to the principle of non- refoulement, Member States
Amendment 1338 #
Proposal for a regulation Article 43 – paragraph 1 – introductory part Amendment 1339 #
Proposal for a regulation Article 43 – paragraph 1 – point a Amendment 1340 #
Proposal for a regulation Article 43 – paragraph 1 – point a Amendment 1341 #
Proposal for a regulation Article 43 – paragraph 1 – point a (a) a subsequent application has been rejected by the determining authority as inadmissible
Amendment 1342 #
Proposal for a regulation Article 43 – paragraph 1 – point a a (new) (a a) a subsequent application has been lodged, which is not further examined pursuant to Article 42, merely in order to delay or frustrate the enforcement of a decision which would result in his or her imminent removal from that Member State;
Amendment 1343 #
Proposal for a regulation Article 43 – paragraph 1 – point b Amendment 1344 #
Proposal for a regulation Article 43 – paragraph 1 – point b Amendment 1345 #
Proposal for a regulation Article 43 – paragraph 1 – point b (b) a second or further subsequent application is made in
Amendment 1346 #
Proposal for a regulation Article 43 – paragraph 1 – point b (b) a second or further subsequent application is made in any Member State following a final decision rejecting a previous subsequent application as inadmissible
Amendment 1347 #
Proposal for a regulation Article 43 – paragraph 1 – point b a (new) (b a) the person filing the subsequent application poses risk to the internal security or public order of the Member State.
Amendment 1350 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. A third country
Amendment 1351 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. A third country
Amendment 1352 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. A third country
Amendment 1353 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. A third country shall be considered
Amendment 1354 #
Proposal for a regulation Article 44 – paragraph 1 – point a Amendment 1355 #
Proposal for a regulation Article 44 – paragraph 1 – point a (a) the applicant has
Amendment 1356 #
Proposal for a regulation Article 44 – paragraph 1 – point a (a) the applicant has
Amendment 1357 #
Proposal for a regulation Article 44 – paragraph 1 – point b Amendment 1358 #
Proposal for a regulation Article 44 – paragraph 1 – point b Amendment 1359 #
Proposal for a regulation Article 44 – paragraph 1 – point b (b) the applicant otherwise has enjoyed
Amendment 1360 #
Proposal for a regulation Article 44 – paragraph 2 Amendment 1361 #
Proposal for a regulation Article 44 – paragraph 2 – introductory part 2. The determining authority
Amendment 1362 #
Proposal for a regulation Article 44 – paragraph 2 – point a (a) life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion and that there is no deprivation of liberty without due process;
Amendment 1363 #
Proposal for a regulation Article 44 – paragraph 2 – point c a (new) (c a) there is no real risk that the applicant would be transferred by the third state to another state in which he or she would not receive effective protection, or would be at risk of being transferred from there to any other state, where such protection would not be available;
Amendment 1364 #
Proposal for a regulation Article 44 – paragraph 2 – point c a (new) (c a) there is no risk that the applicant would be sent by the third country to another third country in which he or she would not receive effective protection;
Amendment 1365 #
Proposal for a regulation Article 44 – paragraph 2 – point e Amendment 1366 #
Proposal for a regulation Article 44 – paragraph 2 – point e a (new) (e a) fundamental rights are respected in accordance with applicable international standards, including that there is no real risk to the life of the applicant and no real risk that the applicant would be deprived of his/her liberty without due process;
Amendment 1367 #
Proposal for a regulation Article 44 – paragraph 2 – point f Amendment 1368 #
Proposal for a regulation Article 44 – paragraph 2 – point f (f) there is appropriate access to the labour market, reception facilities, healthcare and education;
Amendment 1369 #
Proposal for a regulation Article 44 – paragraph 2 – point f a (new) (f a) the applicant has access to means of subsistence sufficient to maintain an adequate standard of living, and steps are undertaken by the third state to enable the progressive achievement of self-reliance, pending the realisation of durable solutions;
Amendment 1370 #
Proposal for a regulation Article 44 – paragraph 2 – point f a (new) (f a) there is access to means of subsistence sufficient to maintain an adequate standard of living;
Amendment 1371 #
Proposal for a regulation Article 44 – paragraph 2 – point f b (new) Amendment 1372 #
Proposal for a regulation Article 44 – paragraph 2 – point f b (new) (f b) the third country takes account of any special vulnerabilities of the applicant and maintains the privacy interests of the applicant;
Amendment 1373 #
Proposal for a regulation Article 44 – paragraph 2 – point f c (new) (f c) effective protection remains available until a durable solution can be found;
Amendment 1374 #
Proposal for a regulation Article 44 – paragraph 2 – point g Amendment 1375 #
Proposal for a regulation Article 44 – paragraph 2 – point g (g) there is a right to family reunification in accordance with international human rights standards
Amendment 1376 #
Proposal for a regulation Article 44 – paragraph 2 – point g a (new) (g a) the third country has acceded to international refugee instruments and basic human rights instruments and complies with their standards in practice.
Amendment 1377 #
Proposal for a regulation Article 44 – paragraph 2 a (new) 2 a. Decisions considering that the conditions set out in paragraph 1 of this Article are met should be regularly reviewed by independent organisations.
Amendment 1378 #
Proposal for a regulation Article 44 – paragraph 3 Amendment 1379 #
Proposal for a regulation Article 44 – paragraph 3 3. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(a), the applicant shall be allowed to challenge the application of the first country of asylum concept in light of his or her particular circumstances
Amendment 1380 #
Proposal for a regulation Article 44 – paragraph 3 3. Before his or her application can be rejected as
Amendment 1381 #
Proposal for a regulation Article 44 – paragraph 4 4.
Amendment 1382 #
Proposal for a regulation Article 44 – paragraph 4 4.
Amendment 1383 #
Proposal for a regulation Article 44 – paragraph 4 4.
Amendment 1384 #
Proposal for a regulation Article 44 – paragraph 4 4. As regards unaccompanied minors, the concept of first country of asylum
Amendment 1385 #
Proposal for a regulation Article 44 – paragraph 4 4.
Amendment 1386 #
Proposal for a regulation Article 44 – paragraph 5 Amendment 1387 #
Proposal for a regulation Article 44 – paragraph 6 6. Where, despite multiple attempts, the third country in question does not admit or readmit the applicant to its territory, the determining authority
Amendment 1388 #
Proposal for a regulation Article 44 – paragraph 6 6. Where the third country in question does not admit or readmit the applicant to its territory, the determining authority shall revoke the decision rejecting the application
Amendment 1389 #
Proposal for a regulation Article 44 – paragraph 7 7. Member States shall inform the Commission and the European Union Agency for Asylum every year of the countries to which the concept of the first country of asylum is applied and of the cases in which the third country did not admit or readmit the applicant to its territory with the motivations given to the Member State.
Amendment 1391 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – introductory part A third country
Amendment 1392 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – introductory part A third country
Amendment 1393 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – introductory part A third country
Amendment 1394 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – introductory part A third country shall be designated as a safe third country
Amendment 1395 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point b (b) there is no risk of serious harm as defined in Regulation (EU) No XXX/XXX (Qualification Regulation);
Amendment 1396 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point c a (new) (c a) there is no real risk that the applicant would be transferred by the third state to another state in which he or she would not receive effective protection, or would be at risk of being transferred from there to any other state, where such protection would not be available;
Amendment 1397 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point d a (new) (d a) fundamental rights are respected in accordance with applicable international standards, including that there is no real risk to the life of the applicant and no real risk that the applicant would be deprived of his/her liberty without due process;
Amendment 1398 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point d b (new) (d b) the applicant has access to means of subsistence sufficient to maintain an adequate standard of living, and steps are undertaken by the third state to enable the progressive achievement of self-reliance, pending the realisation of durable solutions;
Amendment 1399 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point d c (new) (d c) the third country takes account of any special vulnerabilities of the applicant and maintains the privacy interests of the applicant;
Amendment 1400 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point e (e) the possibility exists to re
Amendment 1401 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point e (e) the possibility exists to re
Amendment 1402 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point e (e) the possibility exists to receive protection in accordance with the
Amendment 1403 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point e (e) the possibility exists
Amendment 1404 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point e (e) the possibility exists to receive protection in accordance with the substantive standards of the Geneva Convention or sufficient protection as referred to in Article 44(2)(a-d), as appropriate.
Amendment 1405 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe and other relevant international organisations, and national or international non-governmental organisations.
Amendment 1406 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service
Amendment 1407 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on the individual circumstances of the applicant and on a on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High
Amendment 1408 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 a (new) The designation of third country as a safe third country, shall not exclude the possibility of indicating particular groups, based on gender, race, religion, nationality, sexual orientation, membership of a particular social group or political opinion for which that particular third country shall not be considered safe.
Amendment 1409 #
Proposal for a regulation Article 45 – paragraph 2 Amendment 1410 #
Proposal for a regulation Article 45 – paragraph 2 – introductory part 2. The concept of safe third country shall be applied
Amendment 1411 #
Proposal for a regulation Article 45 – paragraph 2 – introductory part 2. The concept of safe third country shall only be applied
Amendment 1412 #
Proposal for a regulation Article 45 – paragraph 2 – introductory part 2.
Amendment 1413 #
Proposal for a regulation Article 45 – paragraph 2 – point a Amendment 1414 #
Proposal for a regulation Article 45 – paragraph 2 – point a Amendment 1415 #
Proposal for a regulation Article 45 – paragraph 2 – point b Amendment 1416 #
Proposal for a regulation Article 45 – paragraph 2 – point b Amendment 1417 #
Proposal for a regulation Article 45 – paragraph 2 – point c Amendment 1418 #
Proposal for a regulation Article 45 – paragraph 2 – point c Amendment 1419 #
Proposal for a regulation Article 45 – paragraph 3 – introductory part 3. The determining authority
Amendment 1420 #
Proposal for a regulation Article 45 – paragraph 3 – introductory part 3. The determining authority
Amendment 1421 #
Proposal for a regulation Article 45 – paragraph 3 – introductory part 3. The determining authority
Amendment 1422 #
Proposal for a regulation Article 45 – paragraph 3 – point a (a) there is a meaningful connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country
Amendment 1423 #
Proposal for a regulation Article 45 – paragraph 3 – point a (a) there is a meaningful connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country
Amendment 1424 #
Proposal for a regulation Article 45 – paragraph 3 – point a (a) there is a meaningful connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that
Amendment 1425 #
Proposal for a regulation Article 45 – paragraph 3 – point b (b) the applicant has not submitted
Amendment 1426 #
Proposal for a regulation Article 45 – paragraph 4 Amendment 1427 #
Proposal for a regulation Article 45 – paragraph 4 4. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(b), an applicant shall be allowed to challenge the application of the concept of safe third country in light of his or her particular circumstances
Amendment 1428 #
Proposal for a regulation Article 45 – paragraph 4 4. Before his or her application can be rejected as
Amendment 1429 #
Proposal for a regulation Article 45 – paragraph 5 5.
Amendment 1430 #
Proposal for a regulation Article 45 – paragraph 5 5.
Amendment 1431 #
Proposal for a regulation Article 45 – paragraph 5 5.
Amendment 1432 #
Proposal for a regulation Article 45 – paragraph 5 5. As regards unaccompanied minors, the concept of safe third country may only be applied taking into consideration his or her best interests and where the authorities of the Member States have
Amendment 1433 #
Proposal for a regulation Article 45 – paragraph 5 5.
Amendment 1434 #
(b) provide him or her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance
Amendment 1435 #
Proposal for a regulation Article 45 – paragraph 7 7. Where the third country in question does not admit or readmit the applicant to its territory, the determining authority
Amendment 1436 #
Proposal for a regulation Article 46 Amendment 1437 #
Proposal for a regulation Article 46 Amendment 1438 #
Proposal for a regulation Article 46 Amendment 1439 #
Proposal for a regulation Article 46 – paragraph 2 2. The Commission shall regularly review the situation in third countries that are or could be designated as safe third countries at Union level, with the assistance of the European Union Agency for Asylum and based on the other sources of information referred to in the second paragraph of Article 45(1).
Amendment 1440 #
Proposal for a regulation Article 46 – paragraph 3 3. The Commission shall be empowered to adopt delegated acts to designate a third country or suspend the designation of a third country as a safe third country at Union level subject to the conditions as set out in Article 49.
Amendment 1443 #
Proposal for a regulation Article 47 – paragraph 1 1. A third country may be designated as a safe country of origin in accordance with this Regulation 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 no general
Amendment 1444 #
Proposal for a regulation Article 47 – paragraph 2 2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the Union delegations in those countries, the United Nations High Commissioner for Refugees, the Council of Europe
Amendment 1445 #
Proposal for a regulation Article 47 – paragraph 2 2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service
Amendment 1446 #
Proposal for a regulation Article 47 – paragraph 2 2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe as well as other relevant organisations, including child-focused organisations, and shall take into account the common analysis of the country of origin information referred to in Article 10 of Regulation (EU) No XXX/XXX (EU Asylum Agency).
Amendment 1447 #
Proposal for a regulation Article 47 – paragraph 2 a (new) 2 a. The designation of third country as a safe country of origin, shall not exclude the possibility of indicating particular groups, based on gender, race, religion, nationality, sexual orientation, membership of a particular social group or political opinion for which that particular third country shall not be considered safe.
Amendment 1448 #
Proposal for a regulation Article 47 – paragraph 3 – point c (c)
Amendment 1449 #
Proposal for a regulation Article 47 – paragraph 3 – point c (c) the absence of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion
Amendment 1450 #
Proposal for a regulation Article 47 – paragraph 3 – point b b) the absence of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality,
Amendment 1451 #
Proposal for a regulation Article 47 – paragraph 4 – point a (a) he or she has the nationality of that country or has a permanent residence status in that country; or
Amendment 1452 #
Proposal for a regulation Article 47 – paragraph 4 a (new) 4 a. Member States shall not apply the safe country of origin concept in case of applicants belonging to a minority or group of persons that remains at risk in light of the situation in the country of origin concerned, based on the sources of information listed in Paragraph 2 of this Article.
Amendment 1453 #
Proposal for a regulation Article 48 Amendment 1454 #
Proposal for a regulation Article 48 Amendment 1455 #
Proposal for a regulation Article 48 – paragraph 1 a (new) 1a. 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. If appropriate, the Commission shall draw up a proposal to enlarge the common EU list of safe countries of origin after a substantiated assessment of whether countries to be added to the list fulfil the criteria set in Article 47 of this Regulation.
Amendment 1456 #
Proposal for a regulation Article 48 – paragraph 1 b (new) 1b. The Member States may propose to add third countries to the common list of safe countries of origin to Annex 1 to this Regulation. The Commission shall then examine these proposals within six months in the light of a set of information sources at its disposal and, when appropriate, it shall make a proposal for the amendment of Annex 1 to this Regulation.
Amendment 1457 #
Proposal for a regulation Article 48 – paragraph 2 2. The Commission shall
Amendment 1458 #
Proposal for a regulation Article 48 – 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 and the prospective new such countries, with the assistance of the Union Agency for Asylum and based on the other sources of information referred to in Article 45(2).
Amendment 1459 #
Proposal for a regulation Article 48 – paragraph 2 a (new) 2 a. The Commission shall consult the Union Agency for Asylum when conducting its regular reviews of the situation in third countries which are included in the common EU list of safe countries of origin, including those that have been suspended. The Commission may request that the Union Agency for Asylum carry out a review of the situation in any such third country with a view to assessing whether the criteria set out in Article 47. When reviewing the EU common list of safe countries of origin, the Commission shall consult international organisations, in particular the UNHCR, and relevant civil society organisations or individuals with proven country-specific and human rights expertise.
Amendment 1460 #
Proposal for a regulation Article 48 – paragraph 4 Amendment 1461 #
Proposal for a regulation Article 48 – paragraph 4 4. The Commission shall be empowered to adopt delegated acts to introduce a third country to and suspend the presence of a third country from the EU common list of safe countries of origin subject to the conditions as set out in Article 49.
Amendment 1462 #
Proposal for a regulation Article 49 Amendment 1463 #
Proposal for a regulation Article 49 – title Suspension
Amendment 1464 #
Proposal for a regulation Article 49 – paragraph -1 (new) -1. The Commission shall be empowered to adopt delegated acts to suspend the presence of a third country from the EU common list of safe countries of origin subject to the conditions as set out in this article.
Amendment 1465 #
Proposal for a regulation Article 49 – paragraph 1 1. I
Amendment 1466 #
Proposal for a regulation Article 49 – paragraph 1 1. In case of sudden changes in the situation of a third country which is
Amendment 1467 #
Proposal for a regulation Article 49 – paragraph 1 1. In case of sudden changes in the situation of a third country which is designated as a safe third country at Union level or which 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 Article 45 or Article 47 and, if the Commission considers that those conditions are no longer met, it shall adopt a delegated act suspending the designation of a third country as a safe third country at Union level or suspending the presence of a third country from the EU common list of safe countries of origin for a period of
Amendment 1468 #
Proposal for a regulation Article 49 – paragraph 2 a (new) Amendment 1469 #
Proposal for a regulation Article 49 – paragraph 2 b (new) 2 b. UNHCR, non-governmental organisations and individual experts with proven and relevant country-specific and human rights expertise may request the Commission to suspend or remove a country from the EU common list of safe countries of origin. Such a request shall contain a detailed and up-to-date description of the human rights situation and the persistent human rights violations occurring in the country concerned. It shall also specify the non-compliance with the criteria laid down in Article 47 justifying the suspension or withdrawal of that country from the EU common list of safe countries of origin. Except where it considers the request to be inadmissible, unsubstantiated or repetitive, the Commission shall assess the information submitted in such requests.
Amendment 1470 #
Proposal for a regulation Article 49 – paragraph 3 Amendment 1471 #
Proposal for a regulation Article 49 – paragraph 3 3. Where the Commission has adopted a delegated act in accordance with paragraph 1 suspending the designation of a third country as a safe third country at Union level or suspending the presence of a third country from the EU common list of safe countries of origin, it shall within three months after the date of adoption of that delegated act submit a proposal, in
Amendment 1472 #
Proposal for a regulation Article 49 – paragraph 4 Amendment 1473 #
Proposal for a regulation Article 49 – paragraph 4 Amendment 1474 #
Proposal for a regulation Article 49 – paragraph 4 4.
Amendment 1475 #
Proposal for a regulation Article 49 a (new) Article 49 a Removal of a third country from the EU common list of safe countries of origin 1. Where the Commission has adopted a delegated act in accordance with Article 49, paragraph 1, suspending the designation of a third country as a safe country of origin, it shall within six months after the date of adoption of that delegated act submit a proposal, in accordance with the ordinary legislative procedure, for amending this Regulation to remove that third country from the EU common list of safe countries of origin. 2 . Where such a legislative proposal is submitted by the Commission within six months, the Commission shall be empowered, on the basis of a substantial assessment, to extend the validity of that delegated act for a period of six months, with a possibility to renew this extension once. 3. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure. For that purpose: 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. If appropriate, the Commission shall draw up a proposal to enlarge the common list of safe countries of origin after a substantiated assessment of whether countries to be added to the list fulfil the criteria set out in Article 47. Assessments of whether a country is a safe country of origin conducted in accordance with this Article shall be based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, the Union Agency for Asylum, the UNHCR, the Council of Europe, and other relevant international organisations, and national or international non-governmental organisations.
Amendment 1476 #
Proposal for a regulation Article 50 Amendment 1477 #
Proposal for a regulation Article 50 Amendment 1478 #
Proposal for a regulation Article 50 – paragraph 1 1. For a period of
Amendment 1479 #
Proposal for a regulation Article 50 – paragraph 1 1.
Amendment 1480 #
Proposal for a regulation Article 50 – paragraph 1 1.
Amendment 1481 #
Proposal for a regulation Article 50 – paragraph 1 – point a (new) (a) Member States shall notify the Commission of any changes made to their national list.
Amendment 1482 #
Proposal for a regulation Article 50 – paragraph 1 – point b (new) (b) Member States may propose to add third countries to the EU common list of safe countries of origin. The Commission shall then examine those proposals within six months of their submission, based on the range of information sources at its disposal, in particular EEAS reports and information provided by Member States, the Union Agency for Asylum, the UNHCR, the Council of Europe and other relevant international organisations and national or international non- governmental organisations. If it decides that a third country may be added to the list, the Commission shall draw up a proposal to enlarge the EU common list of safe countries of origin.
Amendment 1483 #
Proposal for a regulation Article 50 – paragraph 1 – point c (new) (c) Where a third country has been suspended from the EU common list of safe countries of origin pursuant to Article 49(1) of this Regulation, Member States shall not designate that country as a safe country of origin at the national level.
Amendment 1484 #
Proposal for a regulation Article 50 – paragraph 1 – point d (new) (d) Where a third country has been removed from the EU common list of safe countries of origin pursuant to Article 49a, a Member State may notify the Commission where it considers that, following changes in the situation of that third country, it once again fulfils the criteria set out in Annex I to this Directive for being included in the EU common list of safe countries of origin. The Commission shall examine any such notification by a Member State and if appropriate, submit a proposal to the European Parliament and to the Council to amend the EU common list of safe countries of origin accordingly. If the Commission decides not to submit such a proposal, Member States shall not designate that country as a safe country of origin at national level.
Amendment 1485 #
Proposal for a regulation Article 50 – paragraph 1 a (new) 1 a. Member States shall notify the Commission and the European Union Agency for Asylum of the third countries that are designated as safe third countries or safe countries of origin at national level immediately after such designation. Member States shall inform the Commission and the Agency once a year of the other safe third countries to which the concept is applied on an ad hoc basis in relation to specific applicants.
Amendment 1486 #
Proposal for a regulation Article 50 – paragraph 2 Amendment 1487 #
Proposal for a regulation Article 50 – paragraph 2 Amendment 1488 #
Proposal for a regulation Article 50 – paragraph 2 2. Where a third country is suspended from being designated as a safe third country at Union level or the presence of a third country has been suspended from the EU common list in Annex 1 to this Regulation pursuant to Article 49(1), Member States shall not, without reasonable grounds, designate that country as a safe third country or a safe third country of origin at national level nor shall they apply the safe third country concept on an ad hoc basis in relation to a specific applicant.
Amendment 1489 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 1 Amendment 1490 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 1 Amendment 1491 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 1 Where a third country is no longer designated as a safe third country at Union level or a third country has been removed from the EU common list in Annexe I to the Regulation in accordance with the ordinary legislative procedure, a Member State
Amendment 1492 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 2 Amendment 1493 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 2 Amendment 1494 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 2 Amendment 1495 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 3 Amendment 1496 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 3 Amendment 1497 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 3 Amendment 1498 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 3 Amendment 1499 #
Proposal for a regulation Article 50 – paragraph 4 Amendment 1500 #
Proposal for a regulation Article 50 – paragraph 4 Amendment 1501 #
Proposal for a regulation Article 50 – paragraph 4 a (new) 4 a. As from three years after the entry into force of this Regulation, only a third country that is on the EU common list of safe countries of origin as established, by this Regulation shall be considered to be a safe country of origin.
Amendment 1502 #
Proposal for a regulation Article 51 Amendment 1503 #
Proposal for a regulation Article 51 Amendment 1504 #
Proposal for a regulation Article 51 – paragraph 1 The determining authority
Amendment 1505 #
Proposal for a regulation Article 51 – paragraph 1 The determining authority shall start the examination to withdraw international protection from a particular person without undue delay when new elements or findings arise indicating that there are reasons to reconsider the validity of his or her international protection, and in particular in those instances referred to in Articles 15 and 21 of Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 1507 #
Proposal for a regulation Article 52 – paragraph 1 – introductory part 1. Where the competent authority is considering withdrawing international protection from a third-country national or stateless person,
Amendment 1508 #
Proposal for a regulation Article 52 – paragraph 1 – introductory part 1. Where the competent authority is considering withdrawing international protection from a third-country national or stateless person,
Amendment 1509 #
Proposal for a regulation Article 52 – paragraph 2 – point a (a) the competent authority is able to obtain precise and up-to-date information from
Amendment 1510 #
Proposal for a regulation Article 52 – paragraph 3 3. The decision of the competent authority to withdraw international protection shall be given in writing without undue delay and in any case no later than seven days after the decision has been taken. The reasons in fact and in law shall be stated in the decision
Amendment 1511 #
Proposal for a regulation Article 52 – paragraph 3 3. The decision of the competent authority to withdraw international protection shall be made within two months from the initiation of the procedure and shall be given in writing. The reasons in fact and in law shall be stated in the decision and information on the manner
Amendment 1512 #
Proposal for a regulation Article 53 – paragraph 1 – point a – point i Amendment 1513 #
Proposal for a regulation Article 53 – paragraph 1 – point a – point iii (iii) rejecting an application as explicitly withdrawn or
Amendment 1514 #
Proposal for a regulation Article 53 – paragraph 1 – point b a (new) (b a) a decision establishing that they are over 18 years of age.
Amendment 1515 #
Proposal for a regulation Article 53 – paragraph 2 Amendment 1516 #
Proposal for a regulation Article 53 – paragraph 2 a (new) 2 a. In the case of applicants who claim to be unaccompanied minors, a decision taken determining their age referred to in Article 24.
Amendment 1517 #
Proposal for a regulation Article 53 – paragraph 3 Amendment 1518 #
Proposal for a regulation Article 53 – paragraph 3 – subparagraph 2 Amendment 1519 #
Proposal for a regulation Article 53 – paragraph 3 – subparagraph 2 The applicant may
Amendment 1520 #
Proposal for a regulation Article 53 – paragraph 3 – subparagraph 2 The applicant may only bring forward new elements which are relevant for the examination of his or her application
Amendment 1521 #
Proposal for a regulation Article 53 – paragraph 3 a (new) 3 a. The applicant shall have a right to an oral hearing before a first level appeal court or tribunal.
Amendment 1522 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – introductory part Applicants shall lodge appeals against any decision referred to in paragraph 1
Amendment 1523 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – introductory part Applicants
Amendment 1524 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point a Amendment 1525 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point a (a) within
Amendment 1526 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point a (a) within
Amendment 1527 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point a (a) within
Amendment 1528 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b Amendment 1529 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b Amendment 1530 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b (b) within
Amendment 1531 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b b) within
Amendment 1532 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b (b) within
Amendment 1533 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b (b) within two weeks in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned, or in the case of a decision rejecting an application as unfounded or manifestly unfounded in relation to refugee
Amendment 1534 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c Amendment 1535 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c Amendment 1536 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c c) within one
Amendment 1537 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c (c) within
Amendment 1538 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c (c) within
Amendment 1539 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c (c) within one month in the case of a decision rejecting an application as unfounded in relation to the refugee
Amendment 1540 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 2 Amendment 1541 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 2 For the purposes of point (
Amendment 1542 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 3 The time-limit
Amendment 1543 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 3 The time-limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or
Amendment 1544 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 3 The time-limit
Amendment 1545 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 3 The time-limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed
Amendment 1546 #
Proposal for a regulation Article 54 – paragraph 2 Amendment 1547 #
Proposal for a regulation Article 54 – paragraph 2 Amendment 1548 #
Proposal for a regulation Article 54 – paragraph 2 Amendment 1549 #
Proposal for a regulation Article 54 – paragraph 2 – introductory part 2.
Amendment 1550 #
Proposal for a regulation Article 54 – paragraph 2 – point a Amendment 1551 #
(b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a), (b) and (c);
Amendment 1552 #
Proposal for a regulation Article 54 – paragraph 2 – point b (b) a decision which rejects an application as inadmissible pursuant to Article 36(1)
Amendment 1553 #
Proposal for a regulation Article 54 – paragraph 2 – point c (c) a decision which rejects an application as explicitly withdrawn
Amendment 1554 #
Proposal for a regulation Article 54 – paragraph 2 – point c a (new) (c a) (D) an administrative or a judicial decision which discloses that the appealer's residence on the territory of the Member State endangers the internal security or public order.
Amendment 1555 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 1556 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 1557 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 1558 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 1559 #
Proposal for a regulation Article 54 – paragraph 4 Amendment 1560 #
Proposal for a regulation Article 54 – paragraph 4 Amendment 1561 #
Proposal for a regulation Article 54 – paragraph 4 Amendment 1562 #
Proposal for a regulation Article 54 – paragraph 5 Amendment 1563 #
Proposal for a regulation Article 54 – paragraph 5 Amendment 1564 #
Proposal for a regulation Article 54 – paragraph 5 Amendment 1565 #
Proposal for a regulation Article 54 – paragraph 5 5. An applicant who lodges a further appeal against a first or subsequent appeal decision shall not have a right to remain on the territory of the Member State
Amendment 1566 #
Proposal for a regulation Article 55 – paragraph 1 – introductory part 1. Without prejudice to an adequate and complete examination of an appeal, the courts or tribunals shall decide on the first level of appeal within
Amendment 1567 #
Proposal for a regulation Article 55 – paragraph 1 – point a (a) within
Amendment 1568 #
Proposal for a regulation Article 55 – paragraph 1 – point a (a) within six months in the case of a decision rejecting the application as unfounded in relation to refugee
Amendment 1569 #
Proposal for a regulation Article 55 – paragraph 1 – point a (a)
Amendment 1570 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b) within two months in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned or as
Amendment 1571 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b)
Amendment 1572 #
Proposal for a regulation Article 55 – paragraph 1 – point c (c)
Amendment 1573 #
Proposal for a regulation Article 55 – paragraph 2 2. In cases involving complex issues of fact or law, the time-limits set out in paragraph 1 may be prolonged by an additional t
Amendment 1574 #
Proposal for a regulation Article 55 – paragraph 2 2. In cases involving complex issues of fact or law, the time-limits set out in paragraph 1 may be prolonged
Amendment 1575 #
Proposal for a regulation Article 56 – paragraph 1 This
Amendment 1576 #
Proposal for a regulation Article 56 – paragraph 1 This
Amendment 1577 #
Proposal for a regulation Article 57 – paragraph 2 2. Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an exchange of information between the responsible authorities as well as between the responsible authorities and the European Union Agency for Asylum.
Amendment 1578 #
Proposal for a regulation Article 59 – paragraph 2 2. The power to adopt delegated acts referred to in paragraph 1 shall be conferred on the Commission for a period of five years from the date of entry into force of this
Amendment 1579 #
Proposal for a regulation Article 59 – paragraph 5 5. Such a delegated act and its extensions shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
Amendment 1580 #
Proposal for a regulation Article 60 – paragraph 1 By [two years from entry into force of this
Amendment 1581 #
Proposal for a regulation Article 60 – paragraph 1 By [
Amendment 1582 #
Proposal for a regulation Article 60 – paragraph 1 a (new) The European Parliament, the Fundamental Rights Agency, and the European Ombudswoman shall write reports in the same time frame evaluating the system and the situation of fundamental rights under it.
Amendment 1583 #
Proposal for a regulation Article 60 – paragraph 2 Member States shall, at the request of the Commission, send it the necessary information for drawing up its report not later than nine months before that time- limit expires. As part of its report, the Commission shall report on the methodology it has used to assess the situation in third countries included in the EU common list of safe third countries, or the potential inclusion or suspension of such countries from the list. It shall also report on the implementation of procedural safeguards for those seeking international protection originating from a country on the EU common list of safe countries of origin.
Amendment 1584 #
Proposal for a regulation Article 60 – paragraph 2 – subparagraph 1 (new) Member States shall regularly report to the Commission in relation to the implementation and application of Section III of this Regulation.
Amendment 1585 #
Proposal for a regulation Article 60 a (new) Amendment 1586 #
Proposal for a regulation Article 61 – paragraph 1 Directive 2013/32/EU is repealed for the Member States bound by this Directive, without prejudice to the obligations of the Member States relating to the time limit for transposition into national law of the Directive.
Amendment 1587 #
Proposal for a regulation Article 61 – paragraph 2 References to the repealed Directive shall be construed as references to this
Amendment 1588 #
Proposal for a regulation Article 62 – paragraph 1 This
Amendment 1589 #
Proposal for a regulation Article 62 – paragraph 1 This
Amendment 1590 #
Proposal for a regulation Article 62 – paragraph 2 Amendment 1591 #
Proposal for a regulation Article 62 – paragraph 2 This
Amendment 1592 #
Proposal for a regulation Article 62 – paragraph 3 Amendment 1593 #
Proposal for a regulation Article 62 – paragraph 3 This
Amendment 1594 #
Proposal for a regulation Annex I Amendment 189 #
Proposal for a regulation – The European Parliament rejects [the Commission proposal].
Amendment 190 #
Draft legislative resolution Paragraph 1 1.
Amendment 191 #
Proposal for a regulation Title 1 Proposal for a
Amendment 192 #
Proposal for a regulation Title 1 Proposal for a
Amendment 193 #
Proposal for a regulation Recital 1 (1) The objective of this
Amendment 194 #
Proposal for a regulation Recital 1 (1) The objective of this
Amendment 195 #
Proposal for a regulation Recital 2 (2) A common policy on asylum
Amendment 196 #
Proposal for a regulation Recital 2 (2) A common policy on asylum, including a Common European Asylum System which is based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy should be governed by the principle of
Amendment 197 #
Proposal for a regulation Recital 3 (3) The Common European Asylum System is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive
Amendment 198 #
Proposal for a regulation Recital 3 (3) The Common European Asylum System is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the Common European Asylum System, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants and beneficiaries of international protection. These divergences
Amendment 199 #
Proposal for a regulation Recital 4 Amendment 200 #
Proposal for a regulation Recital 5 (5) For a well-functioning Common European Asylum System, substantial progress should be made regarding the convergence of national asylum systems. The current disparate asylum procedures in all Member States should be replaced with a common procedure for granting and withdrawing international protection applicable across all Member States pursuant to Regulation (EU) No XXX/XXX of the European Parliament and of the Council (Qualification Regulation)25 ensuring the timeliness and effectiveness of the procedure. Applications made by the third-country nationals
Amendment 201 #
Proposal for a regulation Recital 6 Amendment 202 #
Proposal for a regulation Recital 6 (6) A common procedure for granting and withdrawing international protection should limit the secondary movements of applicants for international protection between Member States, where such movements would be caused by differences in legal frameworks, by
Amendment 203 #
Proposal for a regulation Recital 6 (6) A common procedure for granting and withdrawing international protection should
Amendment 204 #
Proposal for a regulation Recital 7 (7) This Regulation should apply to all applications for international protection made in the territory of the Member States, including those made at the external border, on the territorial sea or in the transit zones of Member States, and the withdrawal of international protection.
Amendment 205 #
Proposal for a regulation Recital 7 (7) This Regulation should apply to all applications for international protection made in the territory of the Member States, including tho |