Sittings · Document

Draft report (COM(2020)0610 – C9-0309/2020 – 2020/0279(COD)) 2021-12-09

Asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]

Committee on Civil Liberties, Justice and Home Affairs

AM_Com_LegReport

Amendment 450

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the contributions to be made by each Member State. Such contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.

deleted

Or. en

Amendment 451

Nicola Procaccini

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 452

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 453

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) Contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan.

Or. en

Amendment 454

Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

Or. en

Amendment 455

Damien Carême

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the number of contributions to be made by each Member State. Such contributions should always be based on the number of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.

Or. en

Amendment 456

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) A distribution key based on the size of the population and of the economy of the Member States should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State.

deleted

Or. it

Amendment 457

Nicola Procaccini

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 458

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 459

Charlie Weimers

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 460

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

Recital deleted because the content was moved to recital 22.

Amendment 461

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 462

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) A distribution key based on the size of the population, the economy of the Member States and the unemployment rate should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State and ensure a fair sharing of responsibilities among Member States. The European Union Asylum Agency should establish this distribution key and set up an automated system to implement the solidarity mechanism. In case no criteria based on family and meaningful links can be applied, and the motivated application to any Member States based on other links was rejected, the applicant should be relocated to Member States which are below their share of applications on the basis of the distribution key. In such case, the applicant can choose between the 5 Member States with the lowest share of applications. After the transfer, the Member State of allocation should examine the application as the Member State responsible.

Or. en

Amendment 463

Damien Carême

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) A reference key based on the size of the population and of the economy of the Member States as well as the number of asylum applications processed and refugees resettled or admitted per capita should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State. In order to improve integration prospects, the mechanism should also take into account the preferences of applicants and any meaningful links to a given Member State. This reference key shall also be applied where no Member State can be identified as responsible for an asylum claim on the basis of the criteria set out in this Regulation. The Commission shall consult the Asylum Agency and, where appropriate, the EU Relocation Coordinator when setting up this mechanism.

Or. en

Amendment 464

Charlie Weimers

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) A distribution key based on the size of the population and the inverse of the proportion of the population born in a third country of the Member States should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State.

Or. en

Amendment 465

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) A Member State should be able to take, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. In order to incentivise voluntary solidarity, where Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure.

deleted

Or. en

Amendment 466

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) A Member State should be able to take, at its own initiative or at the request of another Member State, any other solidarity measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure.

Or. en

Amendment 467

Charlie Weimers

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) A Member State should be able to and encouraged to take, at its own initiative or at the request of another Member State, other measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure.

Or. en

Amendment 468

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) A Member State may, at its own initiative or at the request of another Member State, decide to take measures to assist that Member State in addressing the mass-migratory threat, however the principal responsibility shall always remain with the Member State affected.

Or. en

Amendment 469

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) A Member State should be able to, at its own initiative or at the request of another Member State, provide additional relocation places on a voluntary basis to assist that Member State. In order to incentivise voluntary solidarity through additional relocations, those relocations should be supported financially by the AMIF fund.

Or. en

Amendment 470

Nicola Procaccini

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) A Member State should be able to take, at its own initiative or at the request of another Member State, other cooperation measures on a voluntary basis to enhance the resilience of the European Union in the areas of asylum and migration management. Those contributions should include measures aimed at strengthening the cooperation with third countries. In addition, such measures may include a broader commitment in distribution of beneficiaries of international protection whose eligibility has been established in third countries before they have been granted legal access to the European Union.

Or. en

Amendment 471

Damien Carême

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) A Member State should also be able to relocate applicants, at its own initiative or at the request of another Member State, on a voluntary basis to assist that Member State in order to prevent pressure on its asylum system. In order to incentivise voluntary solidarity, where Member States make voluntary contributions in the form of relocation, those contributions should be taken into account in the implementing act provided for in respect of the solidarity pool.

Or. en

Amendment 472

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) A Member State should be able to take, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure, as long as it does not frustrate the objective of a fair and efficient procedure pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], as well as illegally staying third-country nationals. In order to incentivise voluntary solidarity, where Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure.

Or. en

Amendment 473

Charlie Weimers

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non-refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respecting the principle of non-refoulement, are considered as safe countries for third-country nationals.

deleted

Or. en

Amendment 474

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non-refoulement. Article 18 of the Charter of Fundamental Rights of the European Union provides that the right to asylum is guaranteed with due respect for the rules of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’) and in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union.

Or. en

Amendment 475

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

Or. en

Amendment 476

Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Moritz Körner

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non-refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, as long as they respect human rights, particularly the rights of the child and the principle of non-refoulement, are considered as safe countries for third-country nationals.

Or. en

Amendment 477

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non-refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, as long as they respect human rights and the principle of non-refoulement, are considered as safe countries for third-country nationals.

Or. en

Amendment 478

Damien Carême

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non-refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, as long as respecting the principle of non-refoulement, may be considered as safe countries for third-country nationals.

Or. en

Amendment 479

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

deleted

_________________

40 As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.

Or. en

Amendment 480

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid and fair processing of applications for international protection. If no family or other meaningful links can be found during the procedure of the determination of the Member State responsible, the applicant should be able to make a written, duly motivated request to be relocated to any Member States, in particular on the basis on cultural or social ties, language skills or other links that could facilitate his or her integration into a specific Member State and could not be taken into account under meaningful links as defined in this Regulation. These applications would be submitted by the determining Member State to these Member States, who would then apply the discretionary clause.

_________________

40 As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.

Or. en

Amendment 481

Nicola Procaccini

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) The processing of asylum applications should, as a general rule, take place outside the territory of the Union. Therefore, all illegal migrants who are intercepted before their arrival in the European Union should be sent directly to the territory of a partner third country. Without prejudice to this general rule, a clear and workable method for determining the Member State responsible for the examination of an application for international protection for those persons who have arrived to the territory of the Union in circumvention of the general rule should be included in the Common European Asylum System40. That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection.

_________________

40 As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.

Or. en

Amendment 482

Annalisa Tardino

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) Given that the current Dublin system proved highly inefficient, it is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection. The method should be based on loyal cooperation among national authorities as inefficiencies may result in overburden for asylum authorities of Member States of first arrival.

_________________

40 As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.

Or. en

Amendment 483

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) A clear and workable method for determining the Member State responsible for the examination of an application for international protection is already established by Regulation (EU) No 604/2013, and the European Union and Member States should at all times, especially during times of crisis, respect the rule of law.

_________________

40 As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.

Or. en

Amendment 484

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

_________________

40 As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.

Or. en

Amendment 485

Damien Carême

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

_________________

40 As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.

Or. en

Amendment 486

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 34 a (new)

Text proposed by the Commission

Amendment

(34a) In order to increase applicants' understanding of the CEAS and the solidarity mechanism under this regulation, it is necessary to improve the provision of information significantly. Investing in the early provision of accessible information to applicants will greatly increase the likelihood that they will understand the procedures linked to this regulation. The Asylum Agency should in this regard develop suitable information material, in close cooperation with national authorities. In order to assist applicants, the agency should also develop audio-visual information material complementary to written information material. The information material should be translated and made available in all the major languages spoken by applicants for international protection arriving in the Union. As different categories of applicants have differing information needs, information would need to be provided in different ways and adapted to those needs. It is particularly important to ensure that minors have access to child-friendly information that is specific to their needs and situation.

Or. en

Amendment 487

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 34 b (new)

Text proposed by the Commission

Amendment

(34b) Particular attention should be paid to identifying victims of trafficking in human beings, including directly after a Search and Rescue operation in order to offer protection and prevent them for being trafficked further into the Union. Suspicion of trafficking should be sufficient to transfer the person to a safe shelter.

Or. en

Amendment 488

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 34 c (new)

Text proposed by the Commission

Amendment

(34c) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining the application for international protection unless the information provided by the applicant is sufficient and the applicant does not request to be heard. As soon as the application for international protection is made, the applicant should be informed about the application of this Regulation, and the procedures and criteria being used to determine a Member State responsible. The applicant should be informed of the necessity to present all information which is relevant for determining the Member State responsible, in particular the presence of family members or relatives in the Member States, as well as former residence, visas and educational diplomas. The applicant should be fully informed about his or her rights, including the right to effective remedy and free legal assistance. The information to the applicant should be provided in a language that he or she understands, in a concise, intelligible, and easily accessible form, using clear and plain language.

Or. en

Amendment 489

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 34 d (new)

Text proposed by the Commission

Amendment

(34d) The person conducting the personal interview should have received sufficient training to take account of the personal and general circumstances of the applicant, including their cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Staff interviewing applicants should also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indicators showing that the person may have been tortured or victim of gender-based violence in the past.

Or. en

Amendment 490

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 34 e (new)

Text proposed by the Commission

Amendment

(34e) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred.

Or. en

Amendment 491

Nicola Procaccini

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. To that end, a new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States.

deleted

_________________

41 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.

Or. en

Amendment 492

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 493

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 494

Charlie Weimers

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) This Regulation should be based on the principles established by Regulation (EU) No 604/2013 of the European Parliament and of the Council41.

_________________

Or. en

Amendment 495

Damien Carême

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

_________________

Or. en

Amendment 496

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

_________________

Or. en

Amendment 497

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 and the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 of TFEU. To that end, the new solidarity mechanism should enable a strengthened preparedness of Member States.

_________________

Or. en

Amendment 498

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. To that end, a new solidarity mechanism should enable a strengthened preparedness of Member States to face migration challenges, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States.

_________________

Or. en

Amendment 499

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) This Regulation should apply to applicants for subsidiary protection and persons eligible for subsidiary protection in order to ensure equal treatment for all applicants and beneficiaries of international protection, and consistency with the current Union asylum acquis, in particular with Regulation (EU) XXX/XXX [Qualification Regulation].

deleted

Or. en

Amendment 500

Charlie Weimers

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 501

Charlie Weimers

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) The principles of relocation to third country partner state reception centres for processing and facilitation of international protection should apply to applicants for subsidiary protection in order to ensure equal treatment for all applicants of international protection.

Or. en

Amendment 502

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Recital 36 a (new)

Text proposed by the Commission

Amendment

(36a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.

Or. en

Amendment 503

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) Persons granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration] should continue to be considered as applicants for international protection, in view of their pending (suspended) application for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]. As such, they should fall under the scope of this Regulation and be considered as applicants for the purpose of applying the criteria and mechanisms for determining the Member State responsible for examining their applications for international protection or the procedure for relocation as set out in this Regulation.

deleted

Or. en

Justification

For the sake of coherence and consistency with the EP proposal of the Crisis Regulation, this recital should be deleted.

Amendment 504

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 505

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 506

Damien Carême

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 507

Charlie Weimers

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) Persons granted immediate protection after relocation to a third country partner state reception centre pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration] should continue to be considered as applicants for international protection, in view of their pending (suspended) application for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedure Regulation], unless otherwise specified in national law of the Member State arranging the relocation or agreements between that state and a third country specifying the arrangement enabling operation of reception centres in the partner state.

Or. en

Amendment 508

Charlie Weimers

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38) In order to limit unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Member State than the Member State responsible without fulfilling the conditions of stay in that other Member State to the Member State responsible, and to ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement scheme.

deleted

Or. en

Amendment 509

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 510

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 511

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38) This Regulation should also apply to beneficiaries of international protection; following their consent to be relocated to another Member state.

Or. en

Amendment 512

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38) In order to limit unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers, all third country nationals with no legal rights to enter or stay in the Member States should be detained until they can be returned to their country of origin or transferred to an asylum center in a third country.

Or. en

Amendment 513

Damien Carême

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38) To ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection, where they have requested relocation in writing, and only following their written consent. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement scheme, where such persons have expressed the desire to be relocated in writing

Or. en

Amendment 514

Nadine Morano

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38) In order to bring an end to unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Member State than the Member State responsible without fulfilling the conditions of stay in that other Member State to the Member State responsible, and to ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement scheme.

Or. fr

Amendment 515

Nicola Procaccini

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38) In order to limit unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Member State than the Member State responsible without fulfilling the conditions of stay in that other Member State to the Member State responsible, and to ensure effective cooperation between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement scheme.

Or. en

Amendment 516

Nadine Morano

Proposal for a regulation

Recital 38 a (new)

Text proposed by the Commission

Amendment

(38a) In order to bring an end to unauthorised movements, this Regulation should provide for the invalidity of an application for international protection where the applicant has made an unauthorised movement or absconded.

Or. fr

Amendment 517

Nadine Morano

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39) At the same time, and given the importance of facilitating the full integration of beneficiaries of international protection in the Member State of residence, the prospect of obtaining long-term resident status in a shorter period of time should be provided for. Beneficiaries of international protection should be able to obtain long-term resident status in the Member State which granted them international protection after three years of legal and continuous residence in that Member State. As regards other conditions to obtain the status, beneficiaries of international protection should be required to fulfil the same conditions as other third-country nationals. Council Directive 2003/109/EC42 should therefore be amended accordingly.

deleted

_________________

42 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 016, 23.1.2004, p. 44).

Or. fr

Amendment 518

Charlie Weimers

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

deleted

_________________

42 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 016, 23.1.2004, p. 44.

Or. en

Amendment 519

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

deleted

_________________

42 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 016, 23.1.2004, p. 44.

Or. en

Amendment 520

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39) Beneficiaries of international protection should be able to obtain long-term resident status in the Member State which granted them international protection after five years of legal and continuous residence in that Member State. As regards other conditions to obtain the status, beneficiaries of international protection should be required to fulfil the same conditions as other third-country nationals. Council Directive 2003/109/EC42 should therefore be amended accordingly.

_________________

42 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 016, 23.1.2004, p. 44.

Or. en

Amendment 521

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39) At the same time, and given the importance of facilitating the full integration of beneficiaries of international protection in the Member State of residence, the prospect of obtaining long-term resident status in a shorter period of time should be provided for. Beneficiaries of international protection, as well as beneficiaries of protection under the 1954 Convention Relating to Stateless Persons, should be able to obtain long-term resident status in the Member State which granted them international protection after three years of legal and continuous residence in that Member State. As regards other conditions to obtain the status, beneficiaries of international protection should be required to fulfil the same conditions as other third-country nationals. Council Directive 2003/109/EC42 should therefore be amended accordingly.

_________________

42 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 016, 23.1.2004, p. 44.

Or. en

Amendment 522

Damien Carême

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39) Given the importance of facilitating the full integration of beneficiaries of international protection in the Member State of residence, the prospect of obtaining long-term resident status in a shorter period of time should be provided for. Beneficiaries of international protection should be able to obtain long-term resident status in the Member State which granted them international protection after three years of legal and continuous residence in that Member State. As regards other conditions to obtain the status, beneficiaries of international protection should be required to fulfil the same conditions as other third-country nationals. Council Directive 2003/109/EC42 should therefore be amended accordingly.

_________________

42 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 016, 23.1.2004, p. 44.

Or. en

Amendment 523

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

(40) For reasons of efficiency and legal certainly, it is essential that the Regulation is based on the principle that responsibility is determined only once, unless the person concerned has left the territory of the Member States in compliance with a return decision or removal order.

deleted

Or. en

Amendment 524

Nicola Procaccini

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

(40) It is advisable that the Regulation is based on the principle that responsibility is determined only once, unless the person concerned has left the territory of the Member States whether or not in compliance with a return decision or removal order following the withdrawal or rejection of the application.

Or. en

Amendment 525

Annalisa Tardino

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

Or. en

Amendment 526

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

(40) For reasons of efficiency and legal certainty, it is essential that the Regulation is based on the principle that responsibility is determined only once, unless the person concerned has left the territory of the Member States in compliance with a return decision or removal order.

Or. en

Amendment 527

Damien Carême

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

Or. en

Amendment 528

Charlie Weimers

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

(41) Directive XXX/XXX/EU [Reception Conditions Directive] of the European Parliament and of the Council43 should apply to the procedure for the determination of the Member State responsible as regulated under this Regulation, subject to the limitations in the application of that Directive.

deleted

_________________

43 Directive XXX/XXX/EU (full text)

Or. en

Amendment 529

Damien Carême

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

(41) Directive XXX/XXX/EU [Reception Conditions Directive] of the European Parliament and of the Council43 should apply to all procedures regulated under this Regulation, subject to the limitations in the application of that Directive.

_________________

43 Directive XXX/XXX/EU (full text)

Or. en

Amendment 530

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

_________________

43 Directive XXX/XXX/EU (full text)

Or. en

Amendment 531

Charlie Weimers

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.

(43) The best interests of the citizens of the Member States, including children, should be a primary consideration of Member States when applying this Regulation. In assessing their best interests, Member States should, in particular, take due account of the effect on social cohesion of large scale migration.

Or. en

Amendment 532

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be an important consideration of Member States, this entails a swift reunification with their family and/or representative in or near their home country.

Or. en

Amendment 533

Caterina Chinnici, Javier Moreno Sánchez

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, carry out an individual assessment led by the relevant and independent child protection authorities, in particular, taking due account of the minor’s well-being and social development, safety and security considerations in the short, medium and long-term and the views of the minor in accordance with his or her age and maturity, including his or her individual circumstances and background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability, including the appointment of an independent guardian and access to free legal assistance.

Or. en

Amendment 534

Damien Carême

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should carry out an individual assessment led by the relevant and independent child protection authorities, taking due account of the minor’s well-being and social development, safety and security considerations in the short, medium and long term and the views of the minor in accordance with his or her age and maturity, including his or her individual circumstances and background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability including the appointment of an independent guardian and access to free legal assistance.

Or. en

Amendment 535

Nadine Morano

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be taken into account by Member States when applying this Regulation. In addition, specific procedures should be implemented to combat the perversion and abuse of the status of unaccompanied minor, particularly by introducing systematic bone testing, in order to dismiss the most manifestly unfounded applications.

Or. fr

Amendment 536

Annalisa Tardino

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

Or. en

Amendment 537

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background and should follow an independent evaluation of his or her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.

Or. en

Amendment 538

Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Moritz Körner, Abir Al-Sahlani

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background, and should follow an independent evaluation of his/her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.

Or. en

Amendment 539

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the fundamental principle of the best interests of the child as well as the right to family reunification should be the primary consideration of Member States when applying this Regulation. In assessing the best interests of the child in the short, medium and long-term, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.

Or. en

Amendment 540

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

Or. en

Amendment 541

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for the safety of the Member States citizens, their family life and their European way of life, as well as for right to self-determination of the peoples of the Member States, should be the primary considerations of Member States when applying this Regulation.

Or. en

Amendment 542

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family life should be a primary consideration of Member States when applying this Regulation. However, special attention should be taken that the provisions ensuring the respect for family life are not abused.

Or. en

Amendment 543

Damien Carême

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for private and family life, as well as for the principle of non-discrimination, should be a primary consideration of Member States when applying this Regulation.

Or. en

Amendment 544

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for private and family life as well as the principle of non-discrimination should be the primary consideration of Member States when applying this Regulation.

Or. en

Amendment 545

Charlie Weimers

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, maintaining the European way of life should be a primary consideration of Member States when applying this Regulation.

Or. en

Amendment 546

Nadine Morano

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

Or. fr

Amendment 547

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 44 a (new)

Text proposed by the Commission

Amendment

(44a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.

Or. en

Amendment 548

Damien Carême

Proposal for a regulation

Recital 44 a (new)

Text proposed by the Commission

Amendment

Or. en

Amendment 549

Damien Carême

Proposal for a regulation

Recital 44 b (new)

Text proposed by the Commission

Amendment

(44b) When no other Member State can be identified as responsible for an asylum application on the basis of the criteria set out in this Regulation, the applicants who lodged their applications in the determining Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States, taking into account the applicants’ preferences. After the transfer, the Member State of allocation should examine the application as the Member State responsible.

Or. en

Amendment 550

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public order.

deleted

Or. en

Amendment 551

Annalisa Tardino

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

Or. en

Amendment 552

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45) In order to prevent that persons who represent a security risk are free to travel within the EU, they should be promptly apprehended by the Member State concerned and placed in a high security facility awaiting deportation to their home country.

Or. en

Amendment 553

Damien Carême

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibility criteria or the benefitting Member State does not apply the relocation procedure where the screening regulated by [Screening Regulation] has shown that there are reasonable grounds to consider the person concerned a genuine, present and sufficiently serious threat to national security.

Or. en

Amendment 554

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

Or. en

Amendment 555

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 45 a (new)

Text proposed by the Commission

Amendment

(45a) In order to ensure the speedy determination of responsibility and allocation of applicants for international protection between Member States, the deadlines for making and replying to requests to take charge, and for carrying out transfers, should be short, while respecting the fundamental rights of applicants, the rights of vulnerable persons, in particular the rights of the child and the fundamental principle of the best interests of the child as well as the right to family reunification and the right to an effective remedy. Unaccompanied minors and families with minors, as well as vulnerable applicants should have their transfers prioritised.

Or. en

Amendment 556

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

(46) The processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated.

deleted

Or. en

Amendment 557

Charlie Weimers

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

(46) The processing together of the applications for international protection of the members of one family by a single Member State in a third country partner state relocation centre should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated during the process and in case international protection is granted and provided for by way of agreement with a third country partner state.

Or. en

Amendment 558

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

(46) In order to ensure family unity, the processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. The processing together of the applications of a family is without prejudice to the right of an applicant to make an application individually.

Or. en

Amendment 559

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

Or. en

Amendment 560

Damien Carême

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

(46) Family unity should be ensured in the application of this Regulation. The processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated.

Or. en

Amendment 561

Nadine Morano

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU.

deleted

Or. fr

Amendment 562

Charlie Weimers

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 563

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant only when the applicant is a minor under the age of 14.

Or. en

Amendment 564

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) The definition of a family member in this Regulation is recommended to include one legal spouse and the children (biological or adopted), at the discretion of each Member State.

Or. en

Amendment 565

Annalisa Tardino

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

Or. en

Amendment 566

Nicola Procaccini

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The definition should include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU.

Or. en

Amendment 567

Damien Carême

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing onward movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin.

Or. en

Amendment 568

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) The definition of a family member in this Regulation should include the sibling or siblings as well as members of households that existed in the country of origin of the applicant of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore also include families formed outside the country of origin.

Or. en

Amendment 569

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant, grandparent or grandparents of the applicant. Reuniting family is of particular importance for improving the chances of integration of applicants. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State.

Or. en

Amendment 570

Charlie Weimers

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise.

deleted

Or. en

Amendment 571

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 572

Charlie Weimers

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

Or. en

Amendment 573

Caterina Chinnici, Javier Moreno Sánchez

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the minor is present unless this is assessed not to be in the best interests of the child. Before transferring a minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child. For unaccompanied children, this includes in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled as well as prompt access to free legal assistance. When considering or implementing the transfer of a child, States should promote and facilitate the continuity and stability of the support and assistance provided to a child. States should promote and facilitate transnational cooperation between these actors, including sharing of information about the child, with the informed consent of the child. Any decision to transfer a minor should be preceded by an individual assessment of his or her best interests by staff with the necessary qualifications and expertise.

Or. en

Amendment 574

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage onwards movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the minor is present, unless it is assessed not to be in the best interest of the child. Before transferring a minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child. For unaccompanied minors, in particular, the prompt appointment of a guardian tasked with safeguarding respect for all the rights to which they are entitled, as well as prompt access for free legal assistance. When considering or implementing the transfer of a minor, Member States should promote and facilitate the continuity and stability of the support and assistance provided to a minor. Member states should promote and facilitate transnational cooperation between these actors, including sharing of information about the minor, with the informed consent of the minor. Any decision to transfer a minor should be preceded by an individual assessment of his or her best interests by staff with the necessary qualifications and expertise.

Or. en

Amendment 575

Damien Carême

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent, including on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion as long as this is in the best interests of the minor. Before transferring a minor to another Member State, the transferring Member State should obtain individual guarantees from that Member State that it will take all necessary and appropriate measures to ensure the adequate protection of the child. For unaccompanied minors, this includes in particular the prompt appointment of a guardian and legal adviser tasked with safeguarding respect for all the rights to which they are entitled as well as prompt access to free legal assistance. When considering or implementing the transfer of a child, States should promote and facilitate the continuity and stability of the support and assistance provided to a child. States should promote and facilitate transnational cooperation between these actors, including sharing of information about the child, with the informed consent of the child. Any decision on the responsibility for a minor should be preceded by an individual assessment of his or her best interests by a multidisciplinary team with the necessary qualifications and expertise and the participation of his or her guardian and legal adviser.

Or. en

Amendment 576

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor is present, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a guardian tasked with safeguarding respect for all the rights to which they are entitled before the arrival of the unaccompanied minor. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications, expertise and independence.

Or. en

Amendment 577

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48) In order to ensure full compliance with the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent including on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion unless it is demonstrated that this is not in the best interest of the child. In the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied is currently present, unless it is demonstrated that this would not be in the best interests of the child. Before transferring a minor to another Member State, the transferring Member State should obtain individual guarantees from that Member State that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer a minor should be preceded by an assessment of his or her best interests by a multidisciplinary team with the necessary qualifications and expertise and the participation of his or her representative and legal advisor.

Or. en

Amendment 578

Nicola Procaccini

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s most recent application for international protection has been lodged, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise.

Or. en

Amendment 579

Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Moritz Körner

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered if this is in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise.

Or. en

Amendment 580

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection.

deleted

Or. en

Amendment 581

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection.

(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary to establish responsibility for examining an application for international protection. Member States’ authorities should consider all available evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship. The best interests of the child should be a primary consideration throughout the family reunification procedure involving children, which must be completed in a positive, humane and expeditious manner.

Or. en

Amendment 582

Nadine Morano

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection.

(49) The rules on evidence for proving the existence of a family should be based on the production of original documentary evidence and DNA testing.

Or. fr

Amendment 583

Charlie Weimers

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection.

(49) The rules on evidence should not allow for swifter family reunification and should necessitate formal proof, such as original documentary evidence and DNA as well as biometric testing.

Or. en

Amendment 584

Damien Carême

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection.

(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary to establish responsibility for examining an application for international protection. Member States’ authorities should consider all available evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship. The assessment of family links should not further impede the family reunion process.

Or. en

Amendment 585

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection.

Or. en

Amendment 586

Nicola Procaccini

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection.

(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is sufficient to establish responsibility for examining an application for international protection.

Or. en

Amendment 587

Damien Carême

Proposal for a regulation

Recital 49 a (new)

Text proposed by the Commission

Amendment

(49a) Member States should ensure that procedures are efficient and allow applicants to be promptly relocated to other Member States, when they are not responsible under this Regulation. With a view to avoiding costly and time-consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria for reunification with family members in a particular Member State.

Or. en

Amendment 588

Charlie Weimers

Proposal for a regulation

Recital 50

Text proposed by the Commission

Amendment

(50) Where persons are in possession of a diploma or other qualification, the Member State where the diploma was issued should be responsible for examining their application. This would ensure a swift examination of the application in the Member State with which the applicant has meaningful links based on such a diploma.

deleted

Or. en

Amendment 589

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 50

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 590

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 50

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 591

Damien Carême

Proposal for a regulation

Recital 50 a (new)

Text proposed by the Commission

Amendment

(50a) In order to prevent pressure on the asylum or reception system of the determining Member State, the light procedure should be expanded to cover all applicants likely to meet any of the criteria set out in this Regulation when the Commission has determined a risk of such pressure.

Or. en

Amendment 592

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 50 a (new)

Text proposed by the Commission

Amendment

(50a) Where a person has a previous legal residence in an EU Member State, that Member State should be responsible for the examination of the application and a swift transfer should be made.

Or. en

Amendment 593

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 50 b (new)

Text proposed by the Commission

Amendment

(50b) Where a person is found to have meaningful links to different EU Member States, the person should be able to choose to which Member State make the request to be responsible.

Or. en

Amendment 594

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

(51) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protection.

deleted

Or. en

Amendment 595

Nicola Procaccini

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 596

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 597

Annalisa Tardino

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 598

Damien Carême

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

(51) Following relocation, including after a search and rescue operation, the Member State of relocation should be responsible if the person applies for international protection.

Or. en

Amendment 599

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

(51) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or following a search and rescue operation. In such a situation, the Member State of relocation should be responsible if the person applies for international protection.

(51) Considering that it is also necessary to include the situation when the person enters the territory following a search and rescue operation. In such a situation, the Member State of relocation should be responsible if the person applies for international protection.

Or. it

Amendment 600

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

(51) Considering that a Member State should remain responsible, until the responsibility of another Member state has been determined, for a person who has irregularly entered its territory by land, air and sea, including after disembarkation and following search and rescue operations and activities.

Or. en

Amendment 601

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

(51) Considering that a Member State should remain responsible for a person who has illegally entered its territory, it is also necessary to include the situation when the person enters the territory illegally following an operation by states or third parties at sea due to coercion from the illegal migrants and/or smugglers.

Or. en

Amendment 602

Charlie Weimers

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

(51) Considering that a Member State should remain responsible for a person who has illegally entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. In a situation where a Member State has relocated persons having crossed the external border of another Member State illegally or following a search and rescue operation the Member State of relocation should be responsible if the person applies for international protection.

Or. en

Amendment 603

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 52

Text proposed by the Commission

Amendment

(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.

deleted

Or. en

Amendment 604

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 52

Text proposed by the Commission

Amendment

Or. en

Amendment 605

Proposal for a regulation

Recital 52

Text proposed by the Commission

Amendment

(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.

Or. en

Amendment 606

Charlie Weimers

Proposal for a regulation

Recital 52

Text proposed by the Commission

Amendment

Or. en

Amendment 607

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 53

Text proposed by the Commission

Amendment

(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.

deleted

Or. en

Amendment 608

Damien Carême

Proposal for a regulation

Recital 53

Text proposed by the Commission

Amendment

(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, it is necessary to establish clear obligations to be complied with by the Member State and the applicant in the context of the procedure, of which the applicant should be duly informed in a timely manner. The meaning of absconding should be strictly defined. Irregular entry, lack of an address or documents proving the identity of an applicant should not, per se, constitute criteria for determining an existence of a risk of absconding.

Or. en

Amendment 609

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Recital 53

Text proposed by the Commission

Amendment

(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to immediate procedural consequences for the applicant and also encompassing the terms of his or her reception conditions. In order to reduce the prevalence of unauthorized movements and absconding. The Member States and the European Union should legislate and communicate clearly that such violations lead to an immediate and irrevocable personal lifetime prohibition on applying for international protection in all Member States of the European Union.

Or. en

Amendment 610

Nicola Procaccini

Proposal for a regulation

Recital 53

Text proposed by the Commission

Amendment

(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. Member States could impose additional obligations in accordance with national law. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered

Or. en

Amendment 611

Proposal for a regulation

Recital 53

Text proposed by the Commission

Amendment

(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, the Member State and the competent authorities of the Member state, assisted by the Asylum Agency, shall ensure as soon as possible that the third country national or stateless person who intends to make an application to international protection fully cooperates in matters covered by this Regulation, informing him or her of his or her rights and obligations.

Or. en

Amendment 612

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 53

Text proposed by the Commission

Amendment

(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant, including the rejection of his or her application, and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.

Or. en

Amendment 613

Annalisa Tardino

Proposal for a regulation

Recital 53

Text proposed by the Commission

Amendment

(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate sanctions and procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.

Or. en

Amendment 614

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 53 a (new)

Text proposed by the Commission

Amendment

(53a) To increase the prospects of integration and facilitate the administrative processing of applications for international protection, it is beneficial to ensure that applicants who wish to be transferred together can register and be transferred under the automated distribution mechanism as a group to one Member State rather than to be split up between several Member States. The applicants themselves should be able to determine their group and can have the choice between the five Member States with the lowest share of application in accordance with the distribution mechanism. Where an applicant qualifies for reunification with family members or other meaningful links or a Member State has chosen to assume responsibility for the application under the discretionary provisions of this Regulation, including upon the motivated request of the applicant, the applicant should not be able to form part of a group in the context of the automated distribution mechanism. Where an applicant belonging to a group cannot be transferred because of, for example health reasons, it should be possible to transfer the other members of the group or parts of the group to the Member State of allocation before the applicant who cannot be transferred. Once the obstacles to the transfer of the remaining applicant are resolved he or she should be transferred to the same Member State as the rest of the group.

Or. en

Amendment 615

Elissavet Vozemberg-Vrionidi

Proposal for a regulation

Recital 53 a (new)

Text proposed by the Commission

Amendment

(53a) It should be possible for Member States to impose additional obligations on applicants in accordance with national law in order to prevent unauthorised movements within the Union. Such additional obligations could include alternative restrictions of freedom of movement, such as a requirement for the applicant to remain within a certain geographical area, or be designated to a specific reception centre.

Or. en

Amendment 616

Annalisa Tardino

Proposal for a regulation

Recital 53 a (new)

Text proposed by the Commission

Amendment

(53a) It should be possible for the Member States to impose additional obligations on applicants in accordance with national law in order to prevent unauthorised movements within the Union. Such additional obligations could include detention, as well as alternative measures such as the requirement to sign a register at the local police station or the obligation to wear an electronic bracelet.

Or. en

Amendment 617

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 53 a (new)

Text proposed by the Commission

Amendment

(53a) In order to ensure more convergence in the application of this Regulation, it is also necessary to define at the Union level the criteria for determining a risk of absconding in the context of a decision of transfer.

Or. en

Amendment 618

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or absconds to evade a transfer to the Member State responsible for more than 18 months should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorised movements and increase the overall efficiency of the CEAS.

deleted

Or. en

Amendment 619

Annalisa Tardino

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 620

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 621

Nicola Procaccini

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 622

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

(54) The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit onwards movements and increase the overall efficiency of the CEAS.

Or. en

Amendment 623

Damien Carême

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

(54) In order to increase applicants' understanding of the functioning of CEAS it is necessary to improve the provision of information significantly. Investing in the early provision of accessible information to applicants will greatly increase the likelihood that they will understand, accept and follow the procedures of this Regulation. In order to reduce the administrative requirements and make effective use of common resources, the Asylum Agency should develop suitable information material, in close cooperation with the national authorities. The Asylum Agency should make full use of modern information technologies when developing that material. In order to assist asylum seekers properly, the Asylum Agency should also develop audio-visual information material that can be used as a complement to written information material. The Asylum Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants designed to counter the often incorrect information provided to them by smugglers. The information material developed by the Asylum Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in the Union.

Or. en

Amendment 624

Nadine Morano

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States during examination of the application or as soon as he or she absconds to evade a transfer to the Member State responsible should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorised movements and increase the overall efficiency of the CEAS.

Or. fr

Amendment 625

Charlie Weimers

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or absconds to evade a transfer to the Member State responsible for more than 18 months should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State illegally without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorised movements and increase the overall efficiency of the CEAS.

Or. en

Amendment 626

Damien Carême

Proposal for a regulation

Recital 54 a (new)

Text proposed by the Commission

Amendment

(54a) Different categories of applicants have differing information needs and information will therefore have to be provided in different ways and be adapted to those needs. It is particularly important to ensure that minors have access to child-friendly information that is specific to their needs and situation. Providing accurate, high-quality information to both accompanied and unaccompanied minors in a child-friendly environment can play an essential part both in providing a good environment for the minor but also in order to identify cases of suspected trafficking in human beings.

Or. en

Amendment 627

Damien Carême

Proposal for a regulation

Recital 55

Text proposed by the Commission

Amendment

(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them.

(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does not request to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, as well as of his or her obligations under this Regulation and of the consequences of not complying with them. The applicant should also be informed of the necessity of presenting all information which is necessary for correctly determining the Member State responsible, in particular the presence of family members or relatives in the Member States. The applicant should also be fully informed of his or her rights, including the right to an effective remedy and legal assistance. The information should be provided to the applicant in a language that he or she understands, in a concise and easily accessible form, using clear and plain language.

Or. en

Amendment 628

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 55

Text proposed by the Commission

Amendment

(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them.

(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does explicitly request not to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, of his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them and of the necessity to present all information which is relevant to determining the Member State responsible, in particular the presence of family members in the Member States and other meaningful links. The applicant should also be fully informed about his or her rights, including the right to an effective remedy and legal assistance. The information should be provided in a language that he or she understands and can communicate in, in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

Or. en

Amendment 629

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 55

Text proposed by the Commission

Amendment

(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them.

(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection and for providing clear information on the procedure to the applicant, unless the applicant has absconded, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them.

Or. en

Amendment 630

Damien Carême

Proposal for a regulation

Recital 55 a (new)

Text proposed by the Commission

Amendment

(55a) The person conducting the personal interview should have received sufficient training to take account of the personal and general circumstances of the applicant, including their cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Staff interviewing applicants should also have acquired general knowledge and possess awareness of issues which could adversely affect the applicant’s ability to be interviewed, such as indicators that the person may have been tortured in the past.

Or. en

Amendment 631

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 56

Text proposed by the Commission

Amendment

(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.

(56) In order to guarantee effective protection of the rights of the citizens of the Member States it is proposed that the Member State concerned ensures that all third country nationals who illegally enter are detained in safe facilities awaiting their removal from the Member State.

Or. en

Amendment 632

Damien Carême

Proposal for a regulation

Recital 56

Text proposed by the Commission

Amendment

Or. en

Amendment 633

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 56

Text proposed by the Commission

Amendment

Or. en

Amendment 634

Proposal for a regulation

Recital 56

Text proposed by the Commission

Amendment

Or. en

Justification

The Shadow Rapporteur is deleting this part in order to broaden the scope of the effective remedy, in accordance with amendments on Article 33.

Amendment 635

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 56

Text proposed by the Commission

Amendment

Or. en

Amendment 636

Annalisa Tardino

Proposal for a regulation

Recital 56

Text proposed by the Commission

Amendment

(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants’ fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.

(56) In order to guarantee effective protection of the rights of the persons concerned, the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be guaranteed, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover the examination of the application of this Regulation. The scope of the effective remedy should be limited to an assessment of whether applicants’ fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment have been infringed in the country of origin. The costs related to such remedies, limited to a single level of justice, cannot be a direct burden on the budget of the Member State in which they are initiated, but should be met by specific EU funds set aside for this purpose.

Or. it

Amendment 637

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 57

Text proposed by the Commission

Amendment

(57) In order to facilitate the smooth application of this Regulation, Member States should in all cases indicate the Member State responsible in Eurodac after having concluded the procedures for determining the Member State responsible, including in cases where the responsibility results from the failure to respect the time limits for sending or replying to take charge requests, carrying a transfer, as well as in cases where the Member State of first application becomes responsible or it is impossible to carry out the transfer to the Member State primarily responsible due to systemic deficiencies resulting in a risk of inhuman or degrading treatment and subsequently another Member State is determined as reponsible.

deleted

Or. en

Amendment 638

Damien Carême

Proposal for a regulation

Recital 57

Text proposed by the Commission

Amendment

(57) In order to facilitate the smooth application of this Regulation, Member States should in all cases indicate the Member State responsible in Eurodac after having concluded the procedures for determining the Member State responsible, including in cases where the responsibility results from the failure to respect the time limits for sending or replying to take charge requests, carrying a transfer, as well as in cases where it is impossible to carry out the transfer to the Member State primarily responsible due to a serious risk of fundamental rights violations for an individual applicant or systemic deficiencies resulting in a risk of inhuman or degrading treatment and subsequently another Member State is determined as responsible.

Or. en

Amendment 639

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 57

Text proposed by the Commission

Amendment

(57) In order to facilitate the smooth application of this Regulation, Member States should in all cases indicate the Member State responsible in Eurodac after having concluded the procedures for determining the Member State responsible, including in cases where the responsibility results from the failure to respect the time limits for sending or replying to take charge requests, carrying a transfer, as well as in cases where the Member State of first application becomes responsible or it is impossible to carry out the transfer to the Member State primarily responsible due to a risk of violation of fundamental rights and subsequently another Member State is determined as reponsible.

Or. en

Amendment 640

Proposal for a regulation

Recital 58

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 641

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 58

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 642

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 58

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 643

Damien Carême

Proposal for a regulation

Recital 58

Text proposed by the Commission

Amendment

(58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back notifications, as well as for making and deciding on appeals, should be streamlined and shortened to the greatest extent possible, while respecting the fundamental rights of applicants. The transfer and relocation of applicants with specific reception or procedural needs should be prioritised.

Or. en

Amendment 644

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 58

Text proposed by the Commission

Amendment

(58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back notifications, as well as for making and deciding on appeals, should be streamlined and shortened, in particular as regards decisions based on a “Eurodac hit” or a “VIS hit” which constitute reliable pieces of evidence.

Or. en

Amendment 645

Nicola Procaccini

Proposal for a regulation

Recital 58

Text proposed by the Commission

Amendment

(58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making and replying to requests to take back, as well as for making and deciding on appeals, should be streamlined and shortened.

Or. en

Amendment 646

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 58

Text proposed by the Commission

Amendment

(58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back requests, as well as for making and deciding on appeals, should be streamlined and shortened.

Or. en

Amendment 647

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Abir Al-Sahlani

Proposal for a regulation

Recital 58 a (new)

Text proposed by the Commission

Amendment

(58a) In order to improve significantly the implementation of transfer decisions, a new mechanism of financial penalty is set out to discourage any attitude of delaying or opposing to a transfer. Member States benefiting from solidarity contributions should not be sanctioned under this mechanism. Meanwhile, the cost of reception for the applicant should be paid back to the Member State where the applicant is present.

Or. en

Amendment 648

Nadine Morano

Proposal for a regulation

Recital 59

Text proposed by the Commission

Amendment

(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.

(59) The detention or home detention of applicants throughout the examination of their application should be the rule, and their free movement the exception.

Or. fr

Amendment 649

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 59

Text proposed by the Commission

Amendment

(59) The detention of illegal migrants and/or applicants should be applied in accordance with the underlying principle that a person should be detained for as short a period as possible.

Or. en

Amendment 650

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 59

Text proposed by the Commission

Amendment

(59) A person should not be held in detention on the basis of this Regulation. Detention or confinement of children, whether unaccompanied or within families, is never in their best interests and always constitutes a child’s rights violation. It should therefore be prohibited.

Or. en

Amendment 651

Charlie Weimers

Proposal for a regulation

Recital 59

Text proposed by the Commission

Amendment

Or. en

Amendment 652

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 59

Text proposed by the Commission

Amendment

Or. en

Amendment 653

Annalisa Tardino

Proposal for a regulation

Recital 59

Text proposed by the Commission

Amendment

(59) The detention of applicants should be applied in any case deemed relevant by national authorities in charge of migration in order to quickly assess the status of each applicant and specifically in case of a threat to national security or public order. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.

Or. en

Amendment 654

Nicola Procaccini

Proposal for a regulation

Recital 59

Text proposed by the Commission

Amendment

Or. en

Amendment 655

Damien Carême

Proposal for a regulation

Recital 59

Text proposed by the Commission

Amendment

(59) The detention of applicants should only be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. Detention of children, whether unaccompanied or with their families, is never in their best interests and should therefore be prohibited. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention and should fully respect the applicant’s fundamental rights. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.

Or. en

Amendment 656

Proposal for a regulation

Recital 59

Text proposed by the Commission

Amendment

(59) Minors and unaccompanied minors shall never be detained. The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.

Or. en

Amendment 657

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 60

Text proposed by the Commission

Amendment

(60) Deficiencies in, or the collapse of, asylum systems, often aggravated or contributed to by particular pressures on them, can jeopardise the smooth functioning of the system put in place under this Regulation, which could lead to a risk of a violation of the rights of applicants as set out in the Union asylum acquis and the Charter of Fundamental Rights of the European Union, other international human rights and refugee rights.

deleted

Or. en

Amendment 658

Charlie Weimers

Proposal for a regulation

Recital 60

Text proposed by the Commission

Amendment

(60) Deficiencies in, or the collapse of, asylum systems, often aggravated or contributed to by existing legal frameworks from a bygone era, causing additional pressures, can jeopardise the smooth functioning of the system put in place under this Regulation.

Or. en

Amendment 659

Annalisa Tardino

Proposal for a regulation

Recital 60

Text proposed by the Commission

Amendment

(60) Deficiencies in, or the collapse of, national or local asylum systems, often aggravated or contributed to by particular pressures on them, can jeopardise the smooth functioning of the system put in place under this Regulation, which could lead to a major impact on the local population.

Or. en

Amendment 660

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 61

Text proposed by the Commission

Amendment

(61) In accordance with Commission Regulation (EC) No 1560/200345 , transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the person concerned and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds.

deleted

_________________

45 Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, OJ L 222, 5.9.2003, p. 3.

Or. en

Amendment 661

Nadine Morano

Proposal for a regulation

Recital 61

Text proposed by the Commission

Amendment

(61) In accordance with Commission Regulation (EC) No 1560/200345, transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the person concerned and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds.

_________________

Or. fr

Amendment 662

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 61

Text proposed by the Commission

Amendment

(61) In accordance with Commission Regulation (EC) No 1560/200345 , transfers to the Member State responsible for examining an application for international protection shall be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the person concerned and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds.

_________________

Or. en

Amendment 663

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 62

Text proposed by the Commission

Amendment

(62) In order to ensure a clear and efficient relocation procedure, specific rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of relocation except where they are not relevant for such a procedure.

deleted

Or. en

Amendment 664

Nicola Procaccini

Proposal for a regulation

Recital 62

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 665

Charlie Weimers

Proposal for a regulation

Recital 62

Text proposed by the Commission

Amendment

(62) In order to ensure a clear and efficient relocation procedure, specific rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of relocation to third country partner state reception centres except where they are not relevant for such a procedure.

Or. en

Amendment 666

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 62

Text proposed by the Commission

Amendment

(62) When Member States decide to voluntarily relocate beneficiaries of international protection, specific rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of voluntary relocation except where they are not relevant for such a procedure.

Or. en

Amendment 667

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 62

Text proposed by the Commission

Amendment

Or. en

Amendment 668

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 62

Text proposed by the Commission

Amendment

(62) In order to ensure a clear and efficient relocation procedure, specific binding rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of relocation except where they are not relevant for such a procedure.

Or. en

Amendment 669

Damien Carême

Proposal for a regulation

Recital 63

Text proposed by the Commission

Amendment

(63) To support Member States who undertake relocation as a solidarity measure, financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided.

(63) To support Member States who undertake relocation as a solidarity measure, financial support from the Union budget should be provided. In order to incentivise Member States to immediately relocate unaccompanied minors, persons disembarked following search and rescue missions and other applicants in a vulnerable situation a higher incentive contribution should be provided.

Or. en

Amendment 670

Charlie Weimers

Proposal for a regulation

Recital 63

Text proposed by the Commission

Amendment

(63) To support Member States who undertake relocation to third country partner state reception centres, financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocation of unaccompanied minors to third country partner state reception centres a higher incentive contribution should be provided.

Or. en

Amendment 671

Nicola Procaccini

Proposal for a regulation

Recital 63

Text proposed by the Commission

Amendment

(63) To support Member States who receive a number of beneficiaries of international protection in the framework of the distribution measure, financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the distribution of unaccompanied minors a higher incentive contribution should be provided.

Or. en

Amendment 672

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 63

Text proposed by the Commission

Amendment

(63) To support Member States who experience large volumes of illegal border crossings, other Member States may, if they so wish, support with funds, personnel or material the effort to stop illegal migration and asylum fraud.

Or. en

Amendment 673

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 63

Text proposed by the Commission

Amendment

(63) To support Member States who undertake relocation as a solidarity measure, strong financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided.

Or. en

Amendment 674

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 63

Text proposed by the Commission

Amendment

(63) To support Member States who undertake any solidarity measure, financial support from the Union budget should be provided. Border protection efforts of Member States, including the financing of physical barriers at external borders should be supported financially from the Union budget.

Or. en

Amendment 675

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 63

Text proposed by the Commission

Amendment

(63) To support Member States who undertake relocation, financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided.

Or. en

Amendment 676

Damien Carême

Proposal for a regulation

Recital 63 a (new)

Text proposed by the Commission

Amendment

(63a) When proposing the amount of relocation contributions, Member States should take into account the relocation support offered by cities and regions, as relocation and integration relies mainly on the actors at local level; they are therefore key actors in the achievement of meaningful solidarity and successful relocation trajectories.

Or. en

Amendment 677

Damien Carême

Proposal for a regulation

Recital 63 b (new)

Text proposed by the Commission

Amendment

(63b) Where Member States receive financial support for relocation, in particular in line with Article 72 (2) of this Regulation, they should ensure that the local and regional authorities supporting the relocation process benefit from this financial support. To that end, Member States should take measures to support these local and regional authorities, such as providing information, technical support, and reducing unnecessary administrative barriers.

Or. en

Amendment 678

Damien Carême

Proposal for a regulation

Recital 63 c (new)

Text proposed by the Commission

Amendment

(63c) Considering the crucial role played by local and regional authorities in the field of relocation, Member States should ensure that those local authorities, which so wish, can participate in the relocation process.

Or. en

Amendment 679

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 64

Text proposed by the Commission

Amendment

(64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States for improving communication between competent departments, reducing time limits for procedures or simplifying the processing of take charge requests or take back notifications, or establishing procedures for the performance of transfers.

Or. en

Amendment 680

Damien Carême

Proposal for a regulation

Recital 64

Text proposed by the Commission

Amendment

Or. en

Amendment 681

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Recital 64

Text proposed by the Commission

Amendment

(64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral or multilateral arrangements between Member States, or the European Union, and third country partner states establishing the ways in which reception centres are operated, funded and governed in the third country partner state.

Or. en

Amendment 682

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 64

Text proposed by the Commission

Amendment

(64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States for improving communication between competent departments, reducing time limits for procedures or simplifying the processing of take charge requests or take back requests, or establishing procedures for the performance of transfers.

Or. en

Amendment 683

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 65

Text proposed by the Commission

Amendment

(65) Continuity between the system for determining the Member State responsible established by Regulation (EU) No 604/2013 and the system established by this Regulation should be ensured. Similarly, consistency should be ensured between this Regulation and Regulation (EU) XXX/XXX [Eurodac Regulation].

deleted

Or. en

Amendment 684

Charlie Weimers

Proposal for a regulation

Recital 65

Text proposed by the Commission

Amendment

(65) The continuity of the system for determining the Member State responsible established by Regulation (EU) No 604/2013 should be ensured.

Or. en

Amendment 685

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 66

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 686

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 66

Text proposed by the Commission

Amendment

(66) A network of competent Member State authorities should be set up and facilitated by the European Union Agency for Asylum to enhance practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance. The network should organise regular meetings to enhance trust-building and common understanding of the challenges of the implementation of the CEAS in the different Member States.

Or. en

Amendment 687

Charlie Weimers

Proposal for a regulation

Recital 66

Text proposed by the Commission

Amendment

(66) Competent Member State authorities should, assisted by the European Union Agency for Asylum facilitate enhanced practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools, guidance and best practices, especially with regard to the establishment of agreements between Member States and third country partner states willing to host reception centres on their territory.

Or. en

Amendment 688

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 66 a (new)

Text proposed by the Commission

Amendment

(66a) A Common and secured electronic transmission and communication system should also be set-up to facilitate the cooperation and the exchange of information between the Member States.

Or. en

Amendment 689

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 68

Text proposed by the Commission

Amendment

(68) The operation of the Visa Information System, as established by Regulation (EC) No 767/2008 of the European Parliament and of the Council46 , and in particular the implementation of Articles 21 and 22 thereof, should facilitate the application of this Regulation.

deleted

_________________

46 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas, OJ L 218, 13.8.2008, p. 60.

Or. en

Amendment 690

Damien Carême

Proposal for a regulation

Recital 68

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 691

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 68

Text proposed by the Commission

Amendment

(68) The operation of the Visa Information System, as established by Regulation (EC) No 767/2008 of the European Parliament and of the Council46 should facilitate the important work of securing the borders for the Member States.

_________________

Or. en

Amendment 692

Charlie Weimers

Proposal for a regulation

Recital 69

Text proposed by the Commission

Amendment

(69) With respect to the treatment of persons falling within the scope of this Regulation, Member States are bound by their obligations under instruments of international law, including the relevant case-law of the European Court of Human Rights.

deleted

Or. en

Amendment 693

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 69

Text proposed by the Commission

Amendment

(69) With respect to the treatment of persons falling within the scope of this Regulation, Member States are bound by their obligations primarily to their own citizens to ensure rule of law, a safe and secure environment, protection of their culture and the European way of life under instruments of international law, including the relevant case-law of the European Court of Human Rights.

Or. en

Amendment 694

Damien Carême

Proposal for a regulation

Recital 69

Text proposed by the Commission

Amendment

Or. en

Amendment 695

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 70

Text proposed by the Commission

Amendment

(70) Regulation (EU) 2016/679 of the European Parliament and of the Council47 applies to the processing of personal data by the Member States under this Regulation. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to the authorities competent for carrying out security checks.

(70) Regulation (EU) 2016/679 of the European Parliament and of the Council47 applies to the processing of personal data by the Member States under this Regulation. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. In particular, data subjects should be notified without undue delay when a security incident is likely to result in a high risk to their rights and freedoms. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to the authorities competent for carrying out security checks.

_________________

47 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016, p. 1.

Or. en

Amendment 696

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 70

Text proposed by the Commission

Amendment

_________________

Or. en

Amendment 697

Damien Carême

Proposal for a regulation

Recital 70 a (new)

Text proposed by the Commission

Amendment

(70a) Information on applicants in the Union could potentially be of value for authorities in the third country from which the applicants have moved in order to seek international protection. Given the increased threat to Union information systems from third countries, Member States as well as the Union agencies responsible should take all proportionate and necessary measures to ensure that all personal data is stored in a secure way.

Or. en

Amendment 698

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 70 a (new)

Text proposed by the Commission

Amendment

(70a) Member States as well as the Union agencies should take all proportionate and necessary measures to ensure that the data is stored in a secure way.

Or. en

Amendment 699

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 71

Text proposed by the Commission

Amendment

(71) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council48 .

deleted

_________________

48 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers, OJ L 55, 28.2.2011, p. 13.

Or. en

Amendment 700

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 72

Text proposed by the Commission

Amendment

(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.

deleted

Or. en

Amendment 701

Charlie Weimers

Proposal for a regulation

Recital 72

Text proposed by the Commission

Amendment

(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of uniform conditions for the consultation and exchange of information regarding transfers to a third country partner state reception centre; of a standard form for the exchange of data before a transfer to a third country partner state reception centre; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer to a third country partner state reception centre, and of secure electronic transmission channels for the transmission of requests.

Or. en

Amendment 702

Damien Carême

Proposal for a regulation

Recital 72

Text proposed by the Commission

Amendment

(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back requests; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.

Or. en

Amendment 703

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 72

Text proposed by the Commission

Amendment

(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez-passer for take charge requests; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.

Or. en

Amendment 704

Jan-Christoph Oetjen, Sophia in 't Veld, Hilde Vautmans, Moritz Körner, Fabienne Keller, Abir Al-Sahlani

Proposal for a regulation

Recital 72

Text proposed by the Commission

Amendment

(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health and vulnerabilities certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.

Or. en

Amendment 705

Nicola Procaccini

Proposal for a regulation

Recital 72

Text proposed by the Commission

Amendment

(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back requests; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.

Or. en

Amendment 706

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 72

Text proposed by the Commission

Amendment

(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back requests; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.

Or. en

Amendment 707

Nicola Procaccini

Proposal for a regulation

Recital 73

Text proposed by the Commission

Amendment

(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States.

deleted

Or. en

Amendment 708

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 73

Text proposed by the Commission

Amendment

(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States.

deleted

Or. en

Amendment 709

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 73

Text proposed by the Commission

Amendment

(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States.

deleted

Or. en

Amendment 710

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 73

Text proposed by the Commission

Amendment

(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States.

deleted

Or. en

Amendment 711

Charlie Weimers

Proposal for a regulation

Recital 73

Text proposed by the Commission

Amendment

(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States.

(73) Following a unanimous decision by the Council, the Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member State.

Or. en

Amendment 712

Annalisa Tardino

Proposal for a regulation

Recital 73

Text proposed by the Commission

Amendment

(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States.

(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States both at local or national level.

Or. en

Amendment 713

Damien Carême

Proposal for a regulation

Recital 73

Text proposed by the Commission

Amendment

(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States.

(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to a risk of pressure on the asylum or reception system of a Member State.

Or. en

Amendment 714

Charlie Weimers

Proposal for a regulation

Recital 74

Text proposed by the Commission

Amendment

(74) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the identification of family members or relatives of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

deleted

Or. en

Amendment 715

Damien Carême

Proposal for a regulation

Recital 74

Text proposed by the Commission

Amendment

(74) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the identification of family members or relatives of an unaccompanied minor; the criteria for establishing the existence of proven family links; the elements for assessing a dependency link and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Or. en

Amendment 716

Nadine Morano

Proposal for a regulation

Recital 74

Text proposed by the Commission

Amendment

(74) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the identification of family members or relatives of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(74) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the identification of family members or relatives of an unaccompanied minor, but also the assessment of his or her age; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Or. fr

Amendment 717

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 74

Text proposed by the Commission

Amendment

(74) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the identification of family members or relatives of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level with children's rights NGOs and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Or. en

Amendment 718

Charlie Weimers

Proposal for a regulation

Recital 75

Text proposed by the Commission

Amendment

(75) A number of substantive changes are to be made to Regulation (EU) No 604/2013. In the interests of clarity, that Regulation should be repealed.

(75) No substantive changes are to be made to Regulation (EU) No 604/2013. In the interests of clarity, that Regulation should not be repealed.

Or. en

Amendment 719

Charlie Weimers

Proposal for a regulation

Recital 77

Text proposed by the Commission

Amendment

(77) This Regulation respects the fundamental rights and observes the principles which are acknowledged, in particular, in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the right to asylum guaranteed by Article 18 of the Charter as well as the rights recognised under Articles 1, 4, 7, 24 and 47 thereof. This Regulation should therefore be applied accordingly.

(77) This Regulation respects the fundamental rights and principles underpinning the European way of life. This Regulation should therefore be applied accordingly.

Or. en

Amendment 720

Damien Carême

Proposal for a regulation

Recital 77

Text proposed by the Commission

Amendment

(77) This Regulation respects the fundamental rights and principles which are guaranteed in EU and international law, including in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the right to asylum guaranteed by Article 18 of the Charter, with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees. Member States should therefore apply this Regulation accordingly.

Or. en

Amendment 721

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 77

Text proposed by the Commission

Amendment

(77) This Regulation respects the fundamental rights and observes the principles which are acknowledged, in particular, in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the right to self-determination of the citizens of the Member States, as well as their right to a secure and safe environment and the preservation of their cultures and way of life.

Or. en

Amendment 722

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 78

Text proposed by the Commission

Amendment

(78) Since the objective of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, and the establishment of a solidarity mechanism to support Member States in addressing a situation of migratory pressure, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

deleted

Or. en

Amendment 723

Charlie Weimers

Proposal for a regulation

Recital 78

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 724

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 78

Text proposed by the Commission

Amendment

(78) Since the objective of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, and the establishment of a solidarity mechanism to support Member States in addressing a situation of migratory pressure, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). When doing so, the Union shall respect the national competences of Member States. In accordance with the principle of proportionality, as set out in that Article, this Regulation shall not go beyond what is necessary in order to achieve that objective.

Or. en

Amendment 725

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 78

Text proposed by the Commission

Amendment

(78) Since the objective of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection registered in one of the Member States by a third-country national or a stateless person, and the establishment of a solidarity mechanism, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

Or. en

Amendment 726

Nicola Procaccini

Proposal for a regulation

Recital 78

Text proposed by the Commission

Amendment

(78) Since the objectives of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection, which has exceptionally been lodged in one of the Member States rather than outside the territory of the European Union and the establishment of cooperation measures cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

Or. en

Amendment 727

Damien Carême

Proposal for a regulation

Recital 78

Text proposed by the Commission

Amendment

(78) Since the objective of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection registered in one of the Member States by a third-country national or a stateless person, and the establishment of a solidarity mechanism to ensure fast, fair, and efficient relocation, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

Or. en

Amendment 728

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Recital 79

Text proposed by the Commission

Amendment

(79) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that Parts III, V and VII of this Regulation constitute amendments within the meaning of Article 3 of the Agreement concluded between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention49 , Denmark has to notify the Commission of its decision whether or not to implement the content of such amendments at the time of the adoption of the amendments or within 30 days hereafter.

_________________

49 OJ L 66, 8.3.2006, p. 38

Or. en

Amendment 729

Charlie Weimers

Proposal for a regulation

Recital 80 – introductory part

Text proposed by the Commission

Amendment

(80) [In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, Ireland has notified their wish to take part in the adoption and application of this Regulation], but should nonetheless retain its right to not take part in the adoption by the Council of proposed measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union and the ability to adjust or rescind participation in the future.

Or. en

Amendment 730

Charlie Weimers

Proposal for a regulation

Recital 82

Text proposed by the Commission

Amendment

(82) As regards Iceland and Norway, Parts III, V and VII of this Regulation constitute new legislation in a field which is covered by the subject matter of the Annex to the Agreement concluded by the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway50 .

deleted

_________________

50 OJ L 93, 3.4.2001 p. 40.

Or. en

Amendment 731

Charlie Weimers

Proposal for a regulation

Recital 83

Text proposed by the Commission

Amendment

(83) As regards Switzerland, Parts III, V and VII of this Regulation constitute acts or measures amending or building upon the provisions of Article 1 of the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland51 .

deleted

_________________

51 OJ L 53, 27.2.2008, p. 5.

Or. en

Amendment 732

Charlie Weimers

Proposal for a regulation

Recital 84

Text proposed by the Commission

Amendment

(84) As regards Liechtenstein, Parts III, V and VII of this Regulation constitute acts or measures amending or building upon the provisions of Article 1 of the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland to which Article 3 of the Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland52 refers.

deleted

_________________

52 OJ L 160, 18.6.2011, p. 37.

Or. en

Amendment 733

Nicola Procaccini

Proposal for a regulation

Recital 84 a (new)

Text proposed by the Commission

Amendment

(84a) The Commission, in cooperation with Member States, should create the diplomatic and political conditions for the establishment of a system where applications for international protection are examined in third country processing centres run by the European Union in close cooperation with the hosting third country.

Or. en

Amendment 734

Nicola Procaccini

Proposal for a regulation

Recital 84 b (new)

Text proposed by the Commission

Amendment

(84b) The European Union and its Member States should create the political conditions for the launch of migratory containment operations, including EU’s naval missions in the Mediterranean, aimed at preventing and deterring illegal departures of migrants from their third countries of origin or transit and at disrupting human smuggling and human trafficking, in coordination with relevant third countries.

Or. en