Sittings · Document
Establishing a common system for the return of third-country nationals staying illegally in the Union, and repealing Directive 2008/115/EC of the European Parliament and the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC
Committee on Civil Liberties, Justice and Home Affairs
AM_Com_LegReport
Amendment 1206
Mélissa Camara
Proposal for a regulation
Article 17
Text proposed by the Commission
Amendment
Article 17
deleted
Return to a third country with which there is an agreement or arrangement
1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded with a third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.
2. An agreement or arrangement pursuant to paragraph 1 shall set out the following:
a. the procedures applicable to the transfer of illegally staying third-country nationals from the territory of the Member States to the third country referred to in paragraph 1;
b. the conditions for the stay of the third-country national in the third country referred to in paragraph 1, including the respective obligations and responsibilities of the Member State and of that third country;
c. where applicable, the modalities of onward return to the country of origin or to another country where the third-country national voluntarily decides to return, and the consequences in the case where this is not possible;
d. the obligations of the third country referred to in the second sentence of paragraph 1;
e. an independent body or mechanism to monitor the effective application of the agreement or arrangement;
f. the consequences to be drawn in case of violations of the agreement or arrangement or significant change adversely impacting the situation of the third country.
3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States.
4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1.
Or. en
Amendment 1207
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Sandro Ruotolo, Cecilia Strada
Proposal for a regulation
Article 17
Text proposed by the Commission
Amendment
Article 17
deleted
Return to a third country with which there is an agreement or arrangement
1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded with a third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.
2. An agreement or arrangement pursuant to paragraph 1 shall set out the following:
a. the procedures applicable to the transfer of illegally staying third-country nationals from the territory of the Member States to the third country referred to in paragraph 1;
b. the conditions for the stay of the third-country national in the third country referred to in paragraph 1, including the respective obligations and responsibilities of the Member State and of that third country;
c. where applicable, the modalities of onward return to the country of origin or to another country where the third-country national voluntarily decides to return, and the consequences in the case where this is not possible;
d. the obligations of the third country referred to in the second sentence of paragraph 1;
e. an independent body or mechanism to monitor the effective application of the agreement or arrangement;
f. the consequences to be drawn in case of violations of the agreement or arrangement or significant change adversely impacting the situation of the third country.
3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States.
4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1.
Or. en
Justification
The trade in migrants that is proposed by this addition will not lead to any geopolitical advantage for the EU. No third country has been identified that will agree to take the returnees. No guarantees regarding the fate of the persons to be sent to these third countries is ensured and the sustainability of such returns is highly dubious
Amendment 1208
Estrella Galán
Proposal for a regulation
Article 17
Text proposed by the Commission
Amendment
Article 17
deleted
Return to a third country with which there is an agreement or arrangement
1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded with a third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.
2. An agreement or arrangement pursuant to paragraph 1 shall set out the following:
a. the procedures applicable to the transfer of illegally staying third-country nationals from the territory of the Member States to the third country referred to in paragraph 1;
b. the conditions for the stay of the third-country national in the third country referred to in paragraph 1, including the respective obligations and responsibilities of the Member State and of that third country;
c. where applicable, the modalities of onward return to the country of origin or to another country where the third-country national voluntarily decides to return, and the consequences in the case where this is not possible;
d. the obligations of the third country referred to in the second sentence of paragraph 1;
e. an independent body or mechanism to monitor the effective application of the agreement or arrangement;
f. the consequences to be drawn in case of violations of the agreement or arrangement or significant change adversely impacting the situation of the third country.
3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States.
4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1.
Or. en
Amendment 1209
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 17 – paragraph 1
Text proposed by the Commission
Amendment
1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded with a third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.
1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement concluded by one or more Member States or the Union.
Or. en
Amendment 1210
Mary Khan
Proposal for a regulation
Article 17 – paragraph 1
Text proposed by the Commission
Amendment
1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded with a third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.
1. 1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded by the Union or one or more Member States with a third country. Such an agreement or arrangement may only be concluded with a third country where there is a general commitment to respecting international human rights standards and principles in accordance with international law, including the principle of non-refoulement.
Or. en
Amendment 1211
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 17 – paragraph 1
Text proposed by the Commission
Amendment
1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded with a third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.
1. Return with reference to Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded by the Union or one or more Member States with a third country.
Or. en
Amendment 1212
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 17 – paragraph 1
Text proposed by the Commission
Amendment
1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded with a third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.
1. 1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded by the Union or one or more Member States with a third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.
Or. en
Amendment 1213
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 17 – paragraph 1
Text proposed by the Commission
Amendment
1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded with a third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.
1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded by the Union or one or more Member States with a third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.
Or. en
Amendment 1214
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 17 – paragraph 2 – point a
Text proposed by the Commission
Amendment
a. the procedures applicable to the transfer of illegally staying third-country nationals from the territory of the Member States to the third country referred to in paragraph 1;
a. the procedures applicable to the return of illegally staying third-country nationals from the territory of the Member States to the third country referred to in paragraph 1;
Or. en
Amendment 1215
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 17 – paragraph 2 – point b
Text proposed by the Commission
Amendment
b. the conditions for the stay of the third-country national in the third country referred to in paragraph 1, including the respective obligations and responsibilities of the Member State and of that third country;
b. the conditions for the stay of the third-country national in the third country.
Or. en
Amendment 1216
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 17 – paragraph 2 – point b
Text proposed by the Commission
Amendment
b. the conditions for the stay of the third-country national in the third country referred to in paragraph 1, including the respective obligations and responsibilities of the Member State and of that third country;
b. the conditions for the stay of the third-country national in the third country referred to in paragraph 1;
Or. en
Amendment 1217
Mary Khan
Proposal for a regulation
Article 17 – paragraph 2 – point b
Text proposed by the Commission
Amendment
b. the conditions for the stay of the third-country national in the third country referred to in paragraph 1, including the respective obligations and responsibilities of the Member State and of that third country;
b. the conditions for the stay of the third-country national in the third country referred to in paragraph 1, including the respective obligations and responsibilities of that third country;
Or. en
Amendment 1218
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 17 – paragraph 2 – point c
Text proposed by the Commission
Amendment
c. where applicable, the modalities of onward return to the country of origin or to another country where the third-country national voluntarily decides to return, and the consequences in the case where this is not possible;
deleted
Or. en
Amendment 1219
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
Proposal for a regulation
Article 17 – paragraph 2 – point c
Text proposed by the Commission
Amendment
c. where applicable, the modalities of onward return to the country of origin or to another country where the third-country national voluntarily decides to return, and the consequences in the case where this is not possible;
c. where applicable, the modalities of onward return to the country of origin or to another country where the third-country national voluntarily decides to return;
Or. en
Amendment 1220
Mary Khan
Proposal for a regulation
Article 17 – paragraph 2 – point c
Text proposed by the Commission
Amendment
c. where applicable, the modalities of onward return to the country of origin or to another country where the third-country national voluntarily decides to return, and the consequences in the case where this is not possible;
c. where applicable, the modalities of onward return to the country of origin or to another country where the third-country national voluntarily decides to return.
Or. en
Amendment 1221
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 17 – paragraph 2 – point d
Text proposed by the Commission
Amendment
d. the obligations of the third country referred to in the second sentence of paragraph 1;
deleted
Or. en
Amendment 1222
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 17 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. an independent body or mechanism to monitor the effective application of the agreement or arrangement;
deleted
Or. en
Amendment 1223
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 17 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. an independent body or mechanism to monitor the effective application of the agreement or arrangement;
deleted
Or. en
Amendment 1224
Mary Khan
Proposal for a regulation
Article 17 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. an independent body or mechanism to monitor the effective application of the agreement or arrangement;
deleted
Or. en
Amendment 1225
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 17 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. an independent body or mechanism to monitor the effective application of the agreement or arrangement;
deleted
Or. en
Amendment 1226
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 17 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. an independent body or mechanism to monitor the effective application of the agreement or arrangement;
e. mechanism to monitor the effective application of the agreement or arrangement;
Or. en
Amendment 1227
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 17 – paragraph 2 – point f
Text proposed by the Commission
Amendment
f. the consequences to be drawn in case of violations of the agreement or arrangement or significant change adversely impacting the situation of the third country.
f. the consequences to be drawn in case of violations of the agreement or arrangement.
Or. en
Amendment 1228
Mary Khan
Proposal for a regulation
Article 17 – paragraph 2 – point f
Text proposed by the Commission
Amendment
f. the consequences to be drawn in case of violations of the agreement or arrangement or significant change adversely impacting the situation of the third country.
f. the consequences to be drawn in case of violations of the agreement or arrangement or significant change adversely impacting the situation of the third country;
Or. en
Amendment 1229
Mary Khan
Proposal for a regulation
Article 17 – paragraph 2 – point f a (new)
Text proposed by the Commission
Amendment
f a. the conditions and robust safeguards for unaccompanied minors, including child-appropriate care and assurances of safety and well-being throughout the return process.
Or. en
Amendment 1230
Ana Miguel Pedro
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a. Where an agreement or arrangement pursuant to paragraph 1 sets out the modalities of onward return to a country of return referred to in Article 4(3)(a)-(f), the agreement or arrangement shall in addition to paragraph 2 set out the following:
a) the consequences in case onward return is not possible;
b) the respective obligations and responsibilities of the Member State or the Union and of that third country;
c) the consequences to be drawn in case of significant change adversely impacting the situation of the third country;
d) an independent body or mechanism to monitor the effective application of the agreement or arrangement.
e) The agreement or arrangement pursuant to the first subparagraph may include the conditions for detention in the third country.
Or. en
Amendment 1231
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a. Where an agreement or arrangement pursuant to paragraph 1 sets out the modalities of onward return to a country of return referred to in Article 4(3)(a)-(f), the agreement or arrangement shall in addition to paragraph 2 set out the following:
a) the consequences in case onward return is not possible;
b) the respective obligations and responsibilities of the Member State or the Union and of that third country;
c) the consequences to be drawn in case of significant change adversely impacting the situation of the third country;
Or. en
Amendment 1232
Jan-Christoph Oetjen, Irena Joveva, Abir Al-Sahlani
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a. Any facility, established under the framework of such agreements, where third country nationals stay in a third country shall be EU-run and EU-owned and as such subject to Union law for the purposes of Article 51 (1) of the Charter.
Or. en
Amendment 1233
Jan-Christoph Oetjen, Irena Joveva, Abir Al-Sahlani
Proposal for a regulation
Article 17 – paragraph 2 b (new)
Text proposed by the Commission
Amendment
2 b. Any third-country national forcibly returned under the framework of an agreement to a facility outside of the EU shall be informed thereof in the return decision. This shall include the modalities of the stay, including any requirements to remain available within a geographical area, and subsequent onward return, as well as his or her rights and obligations concerning the return process to and from, and their stay in these facilities. Third-country nationals shall, except for those returned under Article 16 of this Regulation, have the possibility to return voluntarily to a third country at any given moment during his or her stay at the facility.
Or. en
Amendment 1234
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 17 – paragraph 2 b (new)
Text proposed by the Commission
Amendment
2 b. The agreement or arrangement pursuant to the first subparagraph may include the conditions for detention in the third country.
Or. en
Amendment 1235
Charlie Weimers, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 17 – paragraph 3
Text proposed by the Commission
Amendment
3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States.
3. Member States shall keep the relevant Member States informed of negotiations with a third country that shares a common land border with those Member States. Member States shall inform the Commission and the other Member States of any bilateral or multilateral agreements or arrangements concluded in accordance with paragraph 1, prior to their entry into force, or, where an agreement or arrangement is to be applied provisionally, before the beginning of its provisional application. Member States shall also inform the Commission and the other Member States of any subsequent changes to, or the termination of, such agreements or arrangements.
Or. en
Amendment 1236
Ana Miguel Pedro
Proposal for a regulation
Article 17 – paragraph 3
Text proposed by the Commission
Amendment
3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States.
3. Member States shall keep the relevant Member States informed of negotiations with a third country that shares a common land border with those Member States. Member States shall inform the Commission and the other Member States of any bilateral or multilateral agreements or arrangements concluded in accordance with paragraph 1, prior to their entry into force, or, where an agreement or arrangement is to be applied provisionally, before the beginning of its provisional application. Member States shall also inform the Commission and the other Member States of any subsequent changes to, or the termination of, such agreements or arrangements.
Or. en
Amendment 1237
Elissavet Vozemberg-Vrionidi, Fredis Beleris
Proposal for a regulation
Article 17 – paragraph 3
Text proposed by the Commission
Amendment
3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States.
3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States. When the third country concerned has a common border with a Member State, prior consultation with that Member State is required before starting negotiations on any such agreement or arrangement.
Or. en
Amendment 1238
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 17 – paragraph 3
Text proposed by the Commission
Amendment
3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States.
3. After concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States. The same applies to subsequent changes of existing agreements or arrangements.
Or. en
Amendment 1239
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 17 – paragraph 3
Text proposed by the Commission
Amendment
3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States.
3. Following the conclusion of an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States.
Or. en
Amendment 1240
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Text proposed by the Commission
Amendment
3 a. The transfer of a third-country national pursuant to this Article shall fulfill the obligations of the Member State carrying out the return towards a third-country national, except as otherwise provided for in the agreement or arrangement referred to in paragraph 1.
Or. en
Amendment 1241
Mary Khan
Proposal for a regulation
Article 17 – paragraph 4
Text proposed by the Commission
Amendment
4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1.
deleted
Or. en
Justification
The return of unaccompanied minors to so-called return hubs in safe third countries is compatible with the best interests of the child, as this does not necessarily require them to remain in the EU, but ensures that the specific needs of children, which may continue to exist in the third country, are taken into account appropriately. Article 59(6) of the APR allows for the transfer of unaccompanied minors, provided that the authorities of the third country guarantee their care and that immediate access to effective protection is ensured. Under these conditions, a stay in the third country is neither unreasonable nor does it constitute a disproportionate interference with fundamental rights.
Amendment 1242
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 17 – paragraph 4
Text proposed by the Commission
Amendment
4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1.
deleted
Or. en
Amendment 1243
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 17 – paragraph 4
Text proposed by the Commission
Amendment
4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1.
deleted
Or. en
Amendment 1244
Nadine Morano
Proposal for a regulation
Article 17 – paragraph 4
Text proposed by the Commission
Amendment
4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1.
4. Unaccompanied minors and families with minors may be returned to a third country referred to in paragraph 1. National authorities shall ensure that they are supported upon arrival in the third country and that their reception conditions comply with the criteria set out in paragraph 2.
Or. fr
Amendment 1245
Irena Joveva
Proposal for a regulation
Article 17 – paragraph 4
Text proposed by the Commission
Amendment
4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1.
4. Unaccompanied minors, families with minors, and vulnerable persons as defined in Article 4 shall not be returned to a third country referred to in paragraph 1.
Or. en
Amendment 1246
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 17 – paragraph 4
Text proposed by the Commission
Amendment
4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1.
4. Unaccompanied minors shall not be returned to a third country referred to in paragraph 1 except in cases falling within the scope of Article 16.
Or. en
Amendment 1247
Cecilia Strada, Marco Tarquinio, Alessandro Zan
Proposal for a regulation
Article 17 – paragraph 4
Text proposed by the Commission
Amendment
4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1.
4. Vulnerable persons shall not be returned to a third country referred to in paragraph 1.
Or. en
Amendment 1248
Ana Miguel Pedro
Proposal for a regulation
Article 17 – paragraph 4
Text proposed by the Commission
Amendment
4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1.
4. Unaccompanied minors shall not be returned to a third country referred to in paragraph 1.
Or. en
Amendment 1249
Abir Al-Sahlani, Irena Joveva, Jan-Christoph Oetjen
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Text proposed by the Commission
Amendment
4 a. Without prejudice to paragraph 1, third-country nationals whose situation is covered by the conditionss laid out in Article 4a shall not be returned to a country with which there is an agreement as defined by Article 4(3)(g).
Or. en
Amendment 1250
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 18
Text proposed by the Commission
Amendment
Article 18
deleted
Best interests of the child
The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation.
Or. en
Justification
By deleting Article 18, the Regulation avoids creating legal ambiguities and perverse incentives that could lead to the exploitation of minors. The fundamental obligation to consider the child's best interests remains fully intact and enforceable through the Charter and international law, while allowing for a return policy that is both effective and fair.
Amendment 1251
Mélissa Camara
Proposal for a regulation
Article 18 – paragraph 1
Text proposed by the Commission
Amendment
The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation.
The best interests of the child shall be a primary consideration when applying this Regulation. In assessing the individual best interests of the child, Member States shall, in particular, take due account of the minor’s well-being and social development in the short, medium and long term, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background.
Or. en
Amendment 1252
Mary Khan
Proposal for a regulation
Article 18 – paragraph 1
Text proposed by the Commission
Amendment
The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation.
The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation, provided that the age of the person has been duly assessed in accordance with Article 19, or where the physical appearance of the person leaves no reasonable doubt for the competent authorities as to their age.
Or. en
Amendment 1253
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis
Proposal for a regulation
Article 18 – paragraph 1
Text proposed by the Commission
Amendment
The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation.
The best interests of the child shall be a primary consideration when applying the provisions this Regulation. In that regard, if children are to be returned in accordance with this Regulation, they may be returned only to countries of return referred to in Article 4(3)(a), (b) and (d).
Or. en
Justification
Children should not be returned to countries with which they have no connection. It is imperative to limit their return to countries which they have a meaningful connection.
Amendment 1254
Nadine Morano
Proposal for a regulation
Article 18 – paragraph 1
Text proposed by the Commission
Amendment
The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation.
The best interests of the child shall be taken into account when applying the provisions in accordance with this Regulation, but shall not on their own prevent the effective return of a minor who is a third-country national illegally in the territory of the Union.
Or. fr
Amendment 1255
Estrella Galán
Proposal for a regulation
Article 18 – paragraph 1
Text proposed by the Commission
Amendment
The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation.
1. The best interests of the child shall be a primary consideration when applying this Directive.
Or. en
Amendment 1256
Cecilia Strada, Marco Tarquinio, Alessandro Zan
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
A best interests assessment must be comprehensive and take into account:
i. family reunification possibilities, on the grounds of the existence of a family link;
ii. the minor’s well-being and social development in the short, medium and long term, including situations of additional vulnerabilities such as trauma, specific health needs or disability, taking into particular consideration the need for stability and continuity in the social and educational care;
iii. safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence or exploitation, including trafficking in human beings;
iv. the views of the minor, in accordance with his or her age and maturity;
v. where the applicant is an unaccompanied minor;
Or. en
Amendment 1257
Estrella Galán
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
2. Decisions in the context of the return procedure involving minors, including unaccompanied or separated children and children within families, shall be always preceded by an individual formalised best interest determination procedure, carried out in a multidisciplinary way by trained actors, meaningfully involving child rights and protection actors, including the authorities responsible for child protection and welfare, which should have a guiding role. Member States shall respect the right of each child to private and family life and shall not separate children from their parents unless required by the child’s best interests.
Or. en
Amendment 1258
Estrella Galán
Proposal for a regulation
Article 18 – paragraph 1 b (new)
Text proposed by the Commission
Amendment
3. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall base their assessment on comprehensive and up-to-date information, including child-specific country-of-origin information from both the host State and the country of return. They shall, in particular, take due account of the following factors:
(a) family reunification possibilities;
(b) the minor’s well-being and social development in the short, medium and long term, including situations of additional vulnerabilities such as trauma, specific health needs or disability, taking into particular consideration the minor’s ethnic, religious, cultural and linguistic background, and having regard to the need for stability and continuity in the social and educational care;
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence or exploitation, including trafficking in human beings;
(d) the views of the minor, in accordance with his or her age and maturity;
(e) where the minor is an unaccompanied minor, the information provided by the representative in the Member State where the unaccompanied minor is present;
(f) any other reasons relevant to the assessment of the best interests of the child.
Or. en
Amendment 1259
Estrella Galán
Proposal for a regulation
Article 18 – paragraph 1 c (new)
Text proposed by the Commission
Amendment
4. Member States shall lay down reasonable time limits for assessing the best interests of the child in case of unaccompanied minors, where a return decision has not yet been issued following a rejection of the application for international protection or any other residence permit.
Or. en
Amendment 1260
Mary Khan
Proposal for a regulation
Article 19 – title
Text proposed by the Commission
Amendment
Age assessment of minors
Age assessment
Or. en
Amendment 1261
Mélissa Camara
Proposal for a regulation
Article 19 – paragraph 1
Text proposed by the Commission
Amendment
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment.
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals and in a child-sensitive manner, to determine the third-country national’s age. The assessment of the age shall not be based solely on the third-country national's physical appearance or behaviour. The third-country national shall have the right to request that examinations be conducted an individual of the same sex. For the purposes of the age assessment, documents that are available shall be considered genuine, unless there is evidence to the contrary, and statements by minors shall be taken into consideration. Article 25 of Regulation (EU) 2024/1348, including the presumption of minority and the benefit of the doubt, shall apply to such assessment. When a third country national has been subjected to age verification during the asylum procedure and has been determined to be a minor, the outcome of this assessment shall be applied during the return procedure and no further assessment shall take place.
Or. en
Amendment 1262
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 19 – paragraph 1
Text proposed by the Commission
Amendment
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment.
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, and where such an assessment has not yet been carried out as part of an asylum procedure, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment. Where the result of an age assessment referred to in this paragraph is not conclusive with regard to the age of the third country national or includes an age range below 18 years, the competent authorities shall assume that the third-country national is a minor.
Or. en
Justification
See Article 25(2) APR.
Amendment 1263
Mary Khan
Proposal for a regulation
Article 19 – paragraph 1
Text proposed by the Commission
Amendment
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment.
Where, there are any doubts as to whether or not the third-country national is a minor, the competent authority shall undertake a medical examination, including bone and dental assessment. This shall be carried out by qualified professionals to determine the third-country national’s age.
Or. en
Amendment 1264
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 19 – paragraph 1
Text proposed by the Commission
Amendment
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment.
Where, as a result of statements by the third country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority shall undertake an age assessment in accordance with national law. Article 25 of Regulation (EU) 2024/1348 may apply by analogy to such assessment.
Or. en
Amendment 1265
Ana Miguel Pedro
Proposal for a regulation
Article 19 – paragraph 1
Text proposed by the Commission
Amendment
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment.
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake an age-assessment in accordance with national law. Article 25 of Regulation (EU) 2024/1348 may apply by analogy to such assessment.
Or. en
Amendment 1266
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 19 – paragraph 1
Text proposed by the Commission
Amendment
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment.
Where there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment.
Or. en
Amendment 1267
Nadine Morano
Proposal for a regulation
Article 19 – paragraph 1
Text proposed by the Commission
Amendment
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment.
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment and medical examinations, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment.
Or. fr
Amendment 1268
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 19 – paragraph 1
Text proposed by the Commission
Amendment
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment.
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority shall undertake an age assessment in accordance with national law, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 may apply by analogy to such assessment.
Or. en
Amendment 1269
Estrella Galán
Proposal for a regulation
Article 19 – paragraph 1
Text proposed by the Commission
Amendment
Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment.
1. Where, as a result of statements by the third-country national, or other relevant indications, there are doubts as to whether or not he or she is a minor, and the competent authority decides to undertake an age assessment, this has to be a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. When documentary evidence is available, age assessment shall not be necessary.
Or. en
Amendment 1270
Ana Miguel Pedro
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
The competent authority may rely on an age assessment previously carried out at an earlier stage of the return procedure or in any other relevant administrative or judicial procedure, where that assessment remains valid and applicable and was conducted using the least intrusive methods available. A Member State may also recognise an age-assessment decision taken by another Member State, provided that the assessment was carried out in accordance with Union law and offers equivalent procedural safeguards. For the purpose of avoiding unnecessary duplication, competent authorities may prioritise existing documentary evidence and prior determinations before considering any further age-assessment measures. Additional age assessments shall only be undertaken where new, materially relevant information emerges or where available evidence is inadequate to confirm the claimed age.
Or. en
Amendment 1271
Estrella Galán
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
2. Multi-disciplinary age assessments shall be conducted in a manner that is safe, child-sensitive, and gender-sensitive, ensuring full respect for human dignity. Methods involving nudity or the examination, observation, or measurement of genitalia or intimate areas shall never be used. Furthermore, children shall have the right to request that examinations be conducted by an individual of the same sex. Article 25 of Regulation (EU) 2024/1348 shall apply to this assessment, including all procedural guarantees and safeguards as well as the presumption of minority and the benefit of the doubt.
Or. en
Amendment 1272
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
In addition to the assessment referred to in paragraph 1, Member States may provide in their national law for the use of other methods to determine age, provided that such methods guarantee an equivalent or higher level of accuracy, or are less intrusive, or are more cost-effective. Such methods may include scientifically-validated techniques, such as DNA analysis, where the person concerned shall be required to cooperate with the collection of a biological sample for the sole purpose of age verification.
Or. en
Amendment 1273
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
Where there are reasonable grounds to consider that a person claiming to be a minor may pose a threat to public order or national security, the competent authorities shall ensure that the age-assessment procedure is conducted as a matter of priority and without undue delay, in full respect of the principles of necessity and proportionality
Or. en
Amendment 1274
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
2. The competent authority may rely on an existing age-assessment conducted in previous stages of the return procedure or in other relevant procedures.
Or. en
Amendment 1275
Mary Khan
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
Member States may recognise age-assessment decisions taken by other Member States, or carry out their own assessment where necessary.
Or. en
Amendment 1276
Estrella Galán
Proposal for a regulation
Article 19 – paragraph 1 b (new)
Text proposed by the Commission
Amendment
3. An age assessment carried out in accordance with EU law in previous administrative or judicial proceedings in any Member State must be considered sufficient for the purpose of determining the age of a third-country national who presents as a minor.
Or. en
Amendment 1277
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 19 – paragraph 1 b (new)
Text proposed by the Commission
Amendment
A refusal to undergo an age assesment, including the medical examination shall not prevent the determining authority from taking a decision on the age of the third country national.
Or. en
Amendment 1278
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 19 – paragraph 1 b (new)
Text proposed by the Commission
Amendment
3. A Member State may recognise age-assessment decisions taken by other Member States where the age assessments were carried out in compliance with Union law.
Or. en
Amendment 1279
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 19 – paragraph 1 b (new)
Text proposed by the Commission
Amendment
Where a Member State adopts national legislation pursuant to paragraph 2 it shall notify the Commission and the other Member States of the national provisions adopted.
Or. en
Amendment 1280
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 19 – paragraph 1 c (new)
Text proposed by the Commission
Amendment
Member States may rely on an existing age-assesment conducted in previous stages of the return procedure or in other relevant procedures.
Or. en
Amendment 1281
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 19 – paragraph 1 d (new)
Text proposed by the Commission
Amendment
Member States may recognise age-assessment decisions taken by other Member States.
Or. en
Amendment 1282
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 19 – paragraph 1 e (new)
Text proposed by the Commission
Amendment
Where a third-country national refuses to undergo the age assessment procedure, they shall be considered an adult for the purpose of this Regulation.
Or. en
Amendment 1283
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 20 – title
Text proposed by the Commission
Amendment
Return of unaccompanied minors
Return of unaccompanied children
Or. en
Amendment 1284
Mélissa Camara
Proposal for a regulation
Article 20 – title
Text proposed by the Commission
Amendment
Return of unaccompanied minors
Return of minors
Or. en
Amendment 1285
Estrella Galán
Proposal for a regulation
Article 20 – title
Text proposed by the Commission
Amendment
Return of unaccompanied minors
Return of minors
Or. en
Amendment 1286
Nadine Morano
Proposal for a regulation
Article 20 – paragraph 1
Text proposed by the Commission
Amendment
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child.
deleted
Or. fr
Amendment 1287
Mélissa Camara
Proposal for a regulation
Article 20 – paragraph 1
Text proposed by the Commission
Amendment
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child.
1. Before deciding to issue a return decision in respect of a minor, assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child. Member States shall carry out a formalised and documented individual best interests assessment, to identify durable solutions for the child, based on a consideration of his or her best interests, irrespective of whether he or she is within a family or is an unaccompanied or separated child. Such assessments shall be carried out in a multidisciplinary way by trained actors, meaningfully involving child rights and protection actors, including the authorities responsible for child protection and welfare. In cases where return is considered to serve the child’s best interests, specific and appropriate implementation measures shall be put in place.
Or. en
Amendment 1288
Estrella Galán
Proposal for a regulation
Article 20 – paragraph 1
Text proposed by the Commission
Amendment
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child.
1. Member States shall not issue a return decision in respect of a minor. For unaccompanied minors, after assessing the best interests of the child referred to in Article 18, and only if it is in the child’s best interests, a decision may be taken to reunite the minor with their family in their country of origin or residence under safe conditions and when there is a protective family link and where they are legally residing and where the child will also legally reside. The mere existence of family members in the country of origin shall not in itself be sufficient to ensure the child’s well-being and safety.
Or. en
Amendment 1289
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 20 – paragraph 1
Text proposed by the Commission
Amendment
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child.
1. Before deciding on whether to issue a return decision in respect of an unaccompanied minor, the return authorities shall assess the best interest of the child. In that regard, assistance by appropriate bodies other than the authorities enforcing return shall be provided to the minor.
Or. en
Justification
It is important to be clear that the best interests of the child test must be applied before issuing a return decision.
Amendment 1290
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 20 – paragraph 1
Text proposed by the Commission
Amendment
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child.
1. Assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child.
Or. en
Amendment 1291
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 20 – paragraph 1
Text proposed by the Commission
Amendment
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child.
1. Before deciding to issue a return decision in respect of an unaccompanied child, assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child.
Or. en
Amendment 1292
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Rasa Juknevičienė
Proposal for a regulation
Article 20 – paragraph 2
Text proposed by the Commission
Amendment
2. A representative or a person trained to safeguard the best interest of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the minor understands. That person shall be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
deleted
Or. en
Amendment 1293
Estrella Galán
Proposal for a regulation
Article 20 – paragraph 2
Text proposed by the Commission
Amendment
2. A representative or a person trained to safeguard the best interest of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the minor understands. That person shall be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
2. A representative or a person trained to safeguard the best interest of the child shall be appointed as soon as possible and, at the latest, within fifteen working days from the date on which the minor is detected. If necessary, and until a representative is appointed, a duly trained person shall be appointed to safeguard the best interests of the child and to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-and-gender-appropriate communication and that they speak a language that the minor understands. Appointment of same sex representatives upon request should be provided. The representative shall comply with the requirements of Article 23 of Regulation (EU) 2024/1348 and be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
Or. en
Amendment 1294
Mary Khan
Proposal for a regulation
Article 20 – paragraph 2
Text proposed by the Commission
Amendment
2. A representative or a person trained to safeguard the best interest of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the minor understands. That person shall be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
2. A representative or a person trained to safeguard the best interest of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication. If the representative assigned does not speak a language that the minor understands, communication may be provided for with the use of an interpreter or artificial intelligence. That person shall be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
Or. en
Justification
It seems impractical to propose that Member States need to appoint a specialist who also speaks the same language as the minor. This adds suitable flexibility to the Member States to still provide this service, but with the assistance of an interpreter or AI.
Amendment 1295
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 20 – paragraph 2
Text proposed by the Commission
Amendment
2. A representative or a person trained to safeguard the best interest of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the minor understands. That person shall be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
2. A representative or a person designated to safeguard the best interest of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication and that they can communicate in a language that the minor understands. That person may be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive. Communication may be provided with the use of interpretation services.
Or. en
Amendment 1296
Mélissa Camara
Proposal for a regulation
Article 20 – paragraph 2
Text proposed by the Commission
Amendment
2. A representative or a person trained to safeguard the best interest of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the minor understands. That person shall be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
2. A representative or a person trained to safeguard the best interest of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is independent, appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the minor understands. That person shall be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
Or. en
Amendment 1297
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 20 – paragraph 2
Text proposed by the Commission
Amendment
2. A representative or a person trained to safeguard the best interest of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the minor understands. That person shall be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
2. A representative shall be appointed to represent, assist or act, as applicable, on behalf of an unaccompanied child in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the child understands. Where applicable, Member States shall strive to ensure that the representative shall be the same person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
Or. en
Amendment 1298
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 20 – paragraph 2
Text proposed by the Commission
Amendment
2. A representative or a person trained to safeguard the best interest of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the minor understands. That person shall be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
2. A representative to safeguard the best interest and general wellbeing of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the minor understands. That person shall be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive.
Or. en
Amendment 1299
Estrella Galán
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a. Member States shall ensure that each physical person representative is responsible for no more than 10 unaccompanied minors to guarantee effective performance of their tasks. The proper conduct of representatives shall be regularly supervised by the competent administrative or judicial authorities or other designated entities. Member States shall establish clear, accessible and child- and gender-sensitive complaint procedures for unaccompanied minors regarding their representatives. Unaccompanied minors shall be immediately informed, in an adapted, safe and confidential manner, of how to submit a complaint. Guidelines on the functioning of the complaint mechanism shall be developed in cooperation with child protection experts and presented to children in an easily understandable form.
Or. en
Amendment 1300
Estrella Galán
Proposal for a regulation
Article 20 – paragraph 3
Text proposed by the Commission
Amendment
3. The unaccompanied minor shall be heard, either directly or through the representative or trained person referred to in paragraph 2, including in the context of the determination of the best interests of the child. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the country of return.
3. The unaccompanied minor shall be heard, either directly or through the representative or the trained person who shall provisionally act as such referred to in paragraph 2, including in the context of the determination of the best interests of the child referred to in Article 18. Before repatriating an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall ensure on the basis of an individual and documented assessment, that the repatriation is in the child’s best interests and carried out under safe conditions and that he or she will be returned to a member of his or her family with protective family link and where the member of his or her family is legally residing and where the child will also legally reside with adequate reception facilities in the country of origin or residence that comply with the standards of Directive (EU) 2024/1346.
Or. en
Amendment 1301
Mélissa Camara
Proposal for a regulation
Article 20 – paragraph 3
Text proposed by the Commission
Amendment
3. The unaccompanied minor shall be heard, either directly or through the representative or trained person referred to in paragraph 2, including in the context of the determination of the best interests of the child. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the country of return.
3. The minor shall be heard, either directly or through the representative or trained person referred to in paragraph 2, including in the context of the determination of the best interests of the child.
Or. en
Amendment 1302
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis
Proposal for a regulation
Article 20 – paragraph 3
Text proposed by the Commission
Amendment
3. The unaccompanied minor shall be heard, either directly or through the representative or trained person referred to in paragraph 2, including in the context of the determination of the best interests of the child. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the country of return.
3. Before return authorities decide on whether to issue a return decision, the unaccompanied minor shall be heard, either directly or through the representative referred to in paragraph 2, including in the context of the determination of the best interests of the child. For unaccompanied minors, a return can be considered only in relation to the country of origin or a third country where the minor has protective family link and where the family relatives are legally residing. The Member State shall assess whether there are sustainable and appropriate protective factors related to the family link, as well as adequate reception and care arrangements.
Or. en
Amendment 1303
Mary Khan
Proposal for a regulation
Article 20 – paragraph 3
Text proposed by the Commission
Amendment
3. The unaccompanied minor shall be heard, either directly or through the representative or trained person referred to in paragraph 2, including in the context of the determination of the best interests of the child. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the country of return.
3. The unaccompanied minor shall be heard, either directly or through the representative or trained person referred to in paragraph 2, including in the context of the determination of the best interests of the child. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian, adequate reception facilities in the country of return or in the third country with which there is an agreement or arrangement.
Or. en
Amendment 1304
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Rasa Juknevičienė
Proposal for a regulation
Article 20 – paragraph 3
Text proposed by the Commission
Amendment
3. The unaccompanied minor shall be heard, either directly or through the representative or trained person referred to in paragraph 2, including in the context of the determination of the best interests of the child. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the country of return.
3. The unaccompanied minor shall be heard, including in the context of the determination of the best interests of the child. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the country of return.
Or. en
Amendment 1305
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 20 – paragraph 3
Text proposed by the Commission
Amendment
3. The unaccompanied minor shall be heard, either directly or through the representative or trained person referred to in paragraph 2, including in the context of the determination of the best interests of the child. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the country of return.
3. The unaccompanied minor shall be heard, either directly or through the representative or designated person referred to in paragraph 2, including in the context of the determination of the best interests of the child. At the latest before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the country of return.
Or. en
Amendment 1306
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 20 – paragraph 3
Text proposed by the Commission
Amendment
3. The unaccompanied minor shall be heard, either directly or through the representative or trained person referred to in paragraph 2, including in the context of the determination of the best interests of the child. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the country of return.
3. The unaccompanied child shall be heard, either directly or through the representative or trained person referred to in paragraph 2, including in the context of the determination of the best interests of the child. Before removing an unaccompanied child from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the country of return.
Or. en
Amendment 1307
Estrella Galán
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Text proposed by the Commission
Amendment
3 a. The competent bodies, other than the authorities responsible for enforcing the repatriation decision, shall provide assistance to minors, duly taking into account the best interests of the child. Reception and care arrangements should also include receiving the child at arrival, immediate access to appropriate accommodation, support for basic needs, access to education and health care, and an individual plan for the child’s sustainable reintegration.
Or. en
Amendment 1308
Mélissa Camara
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Text proposed by the Commission
Amendment
3 a. Before issuing a return decision to an unaccompanied minor, the authorities of that Member State shall be satisfied that there are no family members legally present in the EU who could feasibly take the child into their care, and, where return is in the minor’s best interest, that he or she will be returned to a first-or second-degree member of his or her family, or a nominated legal guardian in the country of return.
Or. en
Amendment 1309
Mélissa Camara
Proposal for a regulation
Article 20 – paragraph 3 b (new)
Text proposed by the Commission
Amendment
3 b. If a Member State determines that it is in the best interests of the unaccompanied or separated minor to be returned, an individual plan shall be prepared, together with the unaccompanied minor where possible, for his or her durable return and reintegration.
Or. en
Amendment 1310
Mélissa Camara
Proposal for a regulation
Article 20 – paragraph 3 c (new)
Text proposed by the Commission
Amendment
3 c. Member States shall provide specific support for the sustainable reintegration of children, and monitor the situation and reintegration progress of children and families after their return, for at least six months, and, where possible, for up to twelve months.
Or. en
Amendment 1311
Estrella Galán
Proposal for a regulation
Chapter III – title
Text proposed by the Commission
Amendment
III OBLIGATIONS OF THE THIRD-COUNTRY NATIONAL
III RESPONSIBILITIES OF THE MEMBER STATE AND THE THIRD-COUNTRY NATIONAL
Or. en
Amendment 1312
Mélissa Camara
Proposal for a regulation
Article 21 – title
Text proposed by the Commission
Amendment
Obligation to cooperate
Cooperation between third-country nationals and Member States
Or. en
Amendment 1313
Estrella Galán
Proposal for a regulation
Article 21 – title
Text proposed by the Commission
Amendment
Obligation to cooperate
Cooperation
Or. en
Amendment 1314
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph -1 (new)
Text proposed by the Commission
Amendment
-1. Member States shall take all necessary steps to ensure that third-country nationals are able to exercise their rights and fulfil their obligations under this Regulation, including by providing all necessary information in good time, providing timely and unrestricted access to legal and linguistic assistance, ensuring any deadlines and other obligations imposed are reasonable and non-discriminatory, and taking individual circumstances into account with regard to any decision taken.
Or. en
Amendment 1315
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 1
Text proposed by the Commission
Amendment
1. Third-country nationals shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5, without undue delay.
1. Third-country nationals may provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5.
Or. en
Amendment 1316
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 1
Text proposed by the Commission
Amendment
1. Third-country nationals shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5, without undue delay.
1. Third-country nationals shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States. Without prejudice to the obligation on Member States to pro-actively assess the risk of non-refoulement, third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation, including those relevant for the purpose of Article 5, without undue delay. Any obligation imposed on minors shall take into account and be proportionate to their age and maturity.
Or. en
Amendment 1317
Mary Khan
Proposal for a regulation
Article 21 – paragraph 1
Text proposed by the Commission
Amendment
1. Third-country nationals shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5, without undue delay.
1. Third-country nationals shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States.
Or. en
Amendment 1318
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 1
Text proposed by the Commission
Amendment
1. Third-country nationals shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5, without undue delay.
1. Third-country nationals shall comply with the obligation to leave the territory of the Member States and they shall have the obligation to cooperate with the competent authorities of the Member States where they are subject to the application of this Regulation.
Or. en
Amendment 1319
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 1
Text proposed by the Commission
Amendment
1. Third-country nationals shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5, without undue delay.
1. Returnees shall comply with the obligation to leave the territory of the Member States. Returnees shall also provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of the return without undue delay.
Or. en
Justification
This obligations are detailed in paragraphs 2 and 3. The first paragraph has no added value. Readmission is part of return. Article 5 is the horizontal fundamental rights clause
Amendment 1320
Nadine Morano
Proposal for a regulation
Article 21 – paragraph 1
Text proposed by the Commission
Amendment
1. Third-country nationals shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5, without undue delay.
1. Third-country nationals shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States or face the penalties set out in Article 22. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5, without undue delay.
Or. fr
Amendment 1321
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 1
Text proposed by the Commission
Amendment
1. Third-country nationals shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5, without undue delay.
1. Third-country nationals shall have the obligation to cooperate at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States without undue delay. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation without delay.
Or. en
Amendment 1322
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
Proposal for a regulation
Article 21 – paragraph 1
Text proposed by the Commission
Amendment
1. Third-country nationals shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5, without undue delay.
1. Third-country nationals shall have the obligation to fully cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation, without undue delay.
Or. en
Amendment 1323
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Text proposed by the Commission
Amendment
2. Third-country nationals shall:
2. Without prejudice to the obligation to leave the territory of the Member States, third-country nationals shall:
Or. en
Amendment 1324
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Text proposed by the Commission
Amendment
2. Third-country nationals shall:
2. Without prejudice to the obligation to leave the territory of the Member States, third-country nationals shall:
Or. en
Amendment 1325
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Text proposed by the Commission
Amendment
2. Third-country nationals shall:
2. Returnees shall cooperate with the competent authorities of the Member State and shall:
Or. en
Amendment 1326
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 2 – point a
Text proposed by the Commission
Amendment
a. remain on the territory of the Member State competent for the return procedure of which the third-country national is the subject and not abscond to another Member State;
deleted
Or. en
Amendment 1327
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point a
Text proposed by the Commission
Amendment
a. remain on the territory of the Member State competent for the return procedure of which the third-country national is the subject and not abscond to another Member State;
a. remain available to the competent authorities on the territory of the Member State competent for the return procedure of which the third-country nationals are the subject, not abscond, including to another Member State, and present themselves for the departure of the transportation for return as determined by the competent authority;
Or. en
Amendment 1328
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point a
Text proposed by the Commission
Amendment
a. remain on the territory of the Member State competent for the return procedure of which the third-country national is the subject and not abscond to another Member State;
a. remain on the territory of the Member State competent for the return procedure of which the third-country national is the subject and not abscond or travel to another Member State;
Or. en
Amendment 1329
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 2 – point a
Text proposed by the Commission
Amendment
a. remain on the territory of the Member State competent for the return procedure of which the third-country national is the subject and not abscond to another Member State;
a. remain on the territory of the Member State competent for the return procedure of which the third-country national is the subject and not travel to another Member State;
Or. en
Amendment 1330
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis
Proposal for a regulation
Article 21 – paragraph 2 – point a
Text proposed by the Commission
Amendment
a. remain on the territory of the Member State competent for the return procedure of which the third-country national is the subject and not abscond to another Member State;
a. remain available on the territory of the Member State competent for the return procedure of which the returnee is the subject and not abscond to another Member State;
Or. en
Amendment 1331
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point a a (new)
Text proposed by the Commission
Amendment
a a. regularly report to the competent authorities in accordance with national law;
Or. en
Amendment 1332
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 2 – point a a (new)
Text proposed by the Commission
Amendment
a a. not abscond or withdraw himself from availability to the return process;
Or. en
Amendment 1333
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 21 – paragraph 2 – point a a (new)
Text proposed by the Commission
Amendment
a a. remain available for the return process in accordance with article 23;
Or. en
Amendment 1334
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 21 – paragraph 2 – point a c (new)
Text proposed by the Commission
Amendment
a c. not physically obstruct the implementation of the return;
Or. en
Amendment 1335
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 2 – point b
Text proposed by the Commission
Amendment
b. provide, where requested by competent authorities and without undue delay, all information and physical documentation necessary for establishing or verifying identity or otherwise relevant within the return and readmission procedure that they possess;
b. provide, where requested by competent authorities and without undue delay, all information and physical documentation necessary for establishing or verifying identity or otherwise relevant within the return and readmission procedure, including any relevant travel document, that they possess, or cooperate in obtaining any of these documents;
Or. en
Amendment 1336
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 2 – point b
Text proposed by the Commission
Amendment
b. provide, where requested by competent authorities and without undue delay, all information and physical documentation necessary for establishing or verifying identity or otherwise relevant within the return and readmission procedure that they possess;
b. provide, where requested by competent authorities, all information and physical documentation necessary for establishing or verifying identity;
Or. en
Amendment 1337
Nadine Morano
Proposal for a regulation
Article 21 – paragraph 2 – point b
Text proposed by the Commission
Amendment
b. provide, where requested by competent authorities and without undue delay, all information and physical documentation necessary for establishing or verifying identity or otherwise relevant within the return and readmission procedure that they possess;
b. provide, where requested by competent authorities and without undue delay, all information, as well as physical documentation and the electronic and connection data necessary for establishing or verifying identity or otherwise relevant within the return and readmission procedure that they possess;
Or. fr
Amendment 1338
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 21 – paragraph 2 – point b
Text proposed by the Commission
Amendment
b. provide, where requested by competent authorities and without undue delay, all information and physical documentation necessary for establishing or verifying identity or otherwise relevant within the return and readmission procedure that they possess;
b. provide, where requested by competent authorities and without undue delay, all information and physical or digital documentation necessary for establishing or verifying identity, nationality, age or otherwise relevant within the return and readmission procedure that they possess;
Or. en
Amendment 1339
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point b
Text proposed by the Commission
Amendment
b. provide, where requested by competent authorities and without undue delay, all information and physical documentation necessary for establishing or verifying identity or otherwise relevant within the return and readmission procedure that they possess;
b. provide without undue delay, all information and documentation, including copies and electronic records, relevant for establishing or verifying identity or nationality or otherwise relevant within the return procedure that they possess or are reasonably presumed to be able to obtain;
Or. en
Amendment 1340
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 2 – point b
Text proposed by the Commission
Amendment
b. provide, where requested by competent authorities and without undue delay, all information and physical documentation necessary for establishing or verifying identity or otherwise relevant within the return and readmission procedure that they possess;
b. provide, where requested by competent authorities and without undue delay, all information and physical documentation that they possess and which are available to them for establishing or verifying identity or otherwise necessary for the return and readmission procedure.
Or. en
Justification
The obligation to provide documentation must be clearly limited to documentation that the person actually has available to them.
Amendment 1341
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point b
Text proposed by the Commission
Amendment
b. provide, where requested by competent authorities and without undue delay, all information and physical documentation necessary for establishing or verifying identity or otherwise relevant within the return and readmission procedure that they possess;
b. provide all information and physical documentation necessary for establishing or verifying identity, nationality or otherwise relevant within the return and readmission procedure that they possess;
Or. en
Amendment 1342
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point b a (new)
Text proposed by the Commission
Amendment
b a. provide without undue delay the competent authorities with an identity or travel document or cooperate on obtaining an identity or travel document;
Or. en
Amendment 1343
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 2 – point c
Text proposed by the Commission
Amendment
c. not destroy or otherwise dispose of such documents, use aliases with fraudulent intent, provide other false information in an oral or written form, or otherwise fraudulently oppose the return or readmission procedure;
deleted
Or. en
Amendment 1344
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis
Proposal for a regulation
Article 21 – paragraph 2 – point c
Text proposed by the Commission
Amendment
c. not destroy or otherwise dispose of such documents, use aliases with fraudulent intent, provide other false information in an oral or written form, or otherwise fraudulently oppose the return or readmission procedure;
c. not destroy or otherwise dispose of such documents, or written form, or fraudulently oppose the return or readmission procedure;
Or. en
Justification
The returnee should not act fraudulently in relation to the return procedure. That should be the obligation.
Amendment 1345
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point c
Text proposed by the Commission
Amendment
c. not destroy or otherwise dispose of such documents, use aliases with fraudulent intent, provide other false information in an oral or written form, or otherwise fraudulently oppose the return or readmission procedure;
c. not destroy or otherwise dispose of documents, information and documentation, referenced in (b) and (ba) of this paragraph, use aliases with fraudulent intent, provide other false information in an oral or written form, or otherwise fraudulently oppose the return procedure;
Or. en
Amendment 1346
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point c
Text proposed by the Commission
Amendment
c. not destroy or otherwise dispose of such documents, use aliases with fraudulent intent, provide other false information in an oral or written form, or otherwise fraudulently oppose the return or readmission procedure;
c. not destroy or otherwise dispose of such documents, use aliases, provide other false information in an oral or written form, mislead the authorities, withhold relevant information or otherwise fraudulently oppose the return or readmission procedure;
Or. en
Amendment 1347
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 2 – point c
Text proposed by the Commission
Amendment
c. not destroy or otherwise dispose of such documents, use aliases with fraudulent intent, provide other false information in an oral or written form, or otherwise fraudulently oppose the return or readmission procedure;
c. not destroy or otherwise dispose of such documents, use aliases provide other false information in an oral or written form, mislead the authorities, withold relevant information, or otherwise fraudulently oppose the return or readmission procedure;
Or. en
Amendment 1348
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 21 – paragraph 2 – point c
Text proposed by the Commission
Amendment
c. not destroy or otherwise dispose of such documents, use aliases with fraudulent intent, provide other false information in an oral or written form, or otherwise fraudulently oppose the return or readmission procedure;
c. not destroy or otherwise dispose of such documents, use aliases with fraudulent intent, provide other false information in an oral or written form, provide falsified documents, or otherwise fraudulently oppose the return or readmission procedure;
Or. en
Amendment 1349
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 2 – point c
Text proposed by the Commission
Amendment
c. not destroy or otherwise dispose of such documents, use aliases with fraudulent intent, provide other false information in an oral or written form, or otherwise fraudulently oppose the return or readmission procedure;
c. not deliberately destroy or otherwise dispose of such documents, use aliases with fraudulent intent, deliberately provide other false information in an oral or written form, or otherwise fraudulently oppose the return or readmission procedure;
Or. en
Amendment 1350
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 2 – point d
Text proposed by the Commission
Amendment
d. provide an explanation in case they are not in possession of an identity or travel document;
deleted
Or. en
Amendment 1351
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 2 – point d
Text proposed by the Commission
Amendment
d. provide an explanation in case they are not in possession of an identity or travel document;
deleted
Or. en
Amendment 1352
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point d
Text proposed by the Commission
Amendment
d. provide an explanation in case they are not in possession of an identity or travel document;
d. provide a plausible and coherent explanation in case they are not in possession of an identity or travel document;
Or. en
Amendment 1353
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 2 – point d
Text proposed by the Commission
Amendment
d. provide an explanation in case they are not in possession of an identity or travel document;
d. provide a plausible explanation in case they are not in possession of an identity or travel document;
Or. en
Amendment 1354
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. provide information on the third countries transited;
deleted
Or. en
Amendment 1355
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. provide information on the third countries transited;
deleted
Or. en
Justification
A returnee should normally be returned to her country of origin. It is not clear how it is necessary or proportionate to oblige a returnee to identify countries of transit for return authorities
Amendment 1356
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. provide information on the third countries transited;
deleted
Or. en
Amendment 1357
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 21 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. provide information on the third countries transited;
e. provide information on the third countries transited, travel routes, or other third countries with which he or she may have a connection;
Or. en
Amendment 1358
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. provide information on the third countries transited;
e. provide information on the third countries transited and, if applicable, other Member States;
Or. en
Amendment 1359
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. provide information on the third countries transited;
e. c. provide information on the third countries transited, including other Member States;
Or. en
Amendment 1360
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point e
Text proposed by the Commission
Amendment
e. provide information on the third countries transited;
e. provide information on the third countries transited and travel route;
Or. en
Amendment 1361
Nadine Morano
Proposal for a regulation
Article 21 – paragraph 2 – point e a (new)
Text proposed by the Commission
Amendment
ea. provide, at the request of the competent authorities, the electronic terminals at their disposal, together with any decryption agreements for them, in order to enable those authorities to determine their country of origin and transit and, more generally, to obtain any information useful for carrying out the return procedure effectively;
Or. fr
Amendment 1362
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 2 – point f
Text proposed by the Commission
Amendment
f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ;
deleted
_________________
28 Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj).
Or. en
Amendment 1363
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 2 – point f
Text proposed by the Commission
Amendment
f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ;
deleted
_________________
28 Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj).
Or. en
Justification
This obligation exists already in the Eurodac Regulation as identified and furthermore in the Screening Regulation. The TCN cannot be expected to comply with the same obligation three times.
Amendment 1364
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point f
Text proposed by the Commission
Amendment
f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ;
f. provide biometric data as defined in national and Union law, including Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ;
_________________
_________________
28 Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj).
28 Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj).
Or. en
Amendment 1365
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 2 – point f
Text proposed by the Commission
Amendment
f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ;
f. provide biometric data as defined in national and Union law, including Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ;
_________________
_________________
28 Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj).
28 Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj).
Or. en
Amendment 1366
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point f
Text proposed by the Commission
Amendment
f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ;
f. provide biometric data in accordance with national law or Union law as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council;
_________________
28 Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj).
Or. en
Amendment 1367
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 21 – paragraph 2 – point f
Text proposed by the Commission
Amendment
f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ;
f. provide biometric data as defined in national law, including Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ;
_________________
_________________
28 Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj).
28 Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj).
Or. en
Amendment 1368
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point f a (new)
Text proposed by the Commission
Amendment
f a. comply with the travel requirements of carriers and entry requirements of third-country authorities, including health requirements, when such requirements are generally imposed on international travellers;
Or. en
Amendment 1369
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 2 – point g
Text proposed by the Commission
Amendment
g. provide precise contact details, including current place of residence, address, telephone number where they may be reached and, where available, an electronic mail address;
g. where available, provide precise contact details, including current place of residence, address, telephone number where they may be reached and an electronic mail address;
Or. en
Amendment 1370
Cecilia Strada, Marco Tarquinio, Alessandro Zan
Proposal for a regulation
Article 21 – paragraph 2 – point g
Text proposed by the Commission
Amendment
g. provide precise contact details, including current place of residence, address, telephone number where they may be reached and, where available, an electronic mail address;
g. provide precise contact details, including when available current place of residence, address, telephone number where they may be reached and an electronic mail address;
Or. en
Amendment 1371
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 2 – point g
Text proposed by the Commission
Amendment
g. provide precise contact details, including current place of residence, address, telephone number where they may be reached and, where available, an electronic mail address;
g. provide, as available, precise contact details, including current place of residence, address, telephone number where they may be reached and an electronic mail address;
Or. en
Amendment 1372
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point g
Text proposed by the Commission
Amendment
g. provide precise contact details, including current place of residence, address, telephone number where they may be reached and, where available, an electronic mail address;
g. provide, when requested, precise contact details, including current place of residence, address, telephone number where they may be reached and an electronic mail address;
Or. en
Amendment 1373
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 2 – point h
Text proposed by the Commission
Amendment
h. provide, without undue delay, information on any changes to the contact details referred to in point (g);
deleted
Or. en
Amendment 1374
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point h
Text proposed by the Commission
Amendment
h. provide, without undue delay, information on any changes to the contact details referred to in point (g);
h. provide information on any changes to the contact details referred to in point (g) within 48 hours;
Or. en
Amendment 1375
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point h a (new)
Text proposed by the Commission
Amendment
h a. provide information identifying any social media accounts they hold or use;
Or. en
Amendment 1376
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point h b (new)
Text proposed by the Commission
Amendment
h b. provide, where required, the competent authorities with electronic devices;
Or. en
Amendment 1377
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 2 – point i
Text proposed by the Commission
Amendment
i. remain available in accordance with Article 23 throughout the return and readmission procedures, and in particular appear for the departure for the transportation for return;
deleted
Or. en
Justification
This obligation is already covered by point (a).
Amendment 1378
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 2 – point i
Text proposed by the Commission
Amendment
i. remain available in accordance with Article 23 throughout the return and readmission procedures, and in particular appear for the departure for the transportation for return;
i. appear for the departure for the transportation for return;
Or. en
Amendment 1379
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point i
Text proposed by the Commission
Amendment
i. remain available in accordance with Article 23 throughout the return and readmission procedures, and in particular appear for the departure for the transportation for return;
i. comply with any measure imposed under Article 23, paragraph 1, and Article 31, paragraph 1, throughout the return procedure;
Or. en
Amendment 1380
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 2 – point i
Text proposed by the Commission
Amendment
i. remain available in accordance with Article 23 throughout the return and readmission procedures, and in particular appear for the departure for the transportation for return;
i. remain available throughout the return and readmission procedures, and in particular appear for the departure for the transportation for return;
Or. en
Amendment 1381
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point i a (new)
Text proposed by the Commission
Amendment
i a. Obligations imposed upon the third-country national under this Article shall be without prejudice to obligations and measures not related to return provided for under national law.
Or. en
Amendment 1382
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 21 – paragraph 2 – point i a (new)
Text proposed by the Commission
Amendment
i a. remain at the disposal of a Member State in detention center until completion of enforced return decision;
Or. en
Amendment 1383
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 2 – point j
Text proposed by the Commission
Amendment
j. provide all required information and statements in the context of requests lodged with the competent authorities of relevant third countries for the purpose of obtaining travel documents and cooperate with these authorities of third countries, as necessary;
deleted
Or. en
Amendment 1384
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 2 – point j
Text proposed by the Commission
Amendment
j. provide all required information and statements in the context of requests lodged with the competent authorities of relevant third countries for the purpose of obtaining travel documents and cooperate with these authorities of third countries, as necessary;
deleted
Or. en
Justification
It cannot be the responsibility of a third country national to provide information to allow MS to send that person to a third country with which they have no connection. The TCN is already required to provide information necessary for return under point (b).
Amendment 1385
Jan-Christoph Oetjen, Irena Joveva, Abir Al-Sahlani
Proposal for a regulation
Article 21 – paragraph 2 – point j
Text proposed by the Commission
Amendment
j. provide all required information and statements in the context of requests lodged with the competent authorities of relevant third countries for the purpose of obtaining travel documents and cooperate with these authorities of third countries, as necessary;
j. provide all required information and statements in the context of requests lodged with the competent authorities of relevant third countries for the purpose of obtaining travel documents and cooperate with these authorities of third countries, as necessary and proportionate to ensure the cooperation with these authorities will not endanger the well-being of the third-country national;
Or. en
Amendment 1386
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 2 – point j
Text proposed by the Commission
Amendment
j. provide all required information and statements in the context of requests lodged with the competent authorities of relevant third countries for the purpose of obtaining travel documents and cooperate with these authorities of third countries, as necessary;
j. provide all required information and statements in the context of requests lodged with the competent authorities of relevant third countries for the purpose of obtaining travel documents, insofar as this does not jeopardise their safety or the safety of their family members;
Or. en
Amendment 1387
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 2 – point k
Text proposed by the Commission
Amendment
k. when necessary, appear in person or when difficult by means of videoconference, before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality;
deleted
Or. en
Amendment 1388
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point k
Text proposed by the Commission
Amendment
k. when necessary, appear in person or when difficult by means of videoconference, before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality;
k. appear in person or by means of videoconference, as required by the competent authorities, before the competent national or third-country authorities at the location indicated by such authorities for the purpose of acquiring travel documents and establishing their identity or nationality;
Or. en
Amendment 1389
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 2 – point k
Text proposed by the Commission
Amendment
k. when necessary, appear in person or when difficult by means of videoconference, before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality;
k. when necessary, appear in person or, at the request of the competent authorities or the authorities from the third-country, by means of videoconference, before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality;
Or. en
Amendment 1390
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 2 – point k
Text proposed by the Commission
Amendment
k. when necessary, appear in person or when difficult by means of videoconference, before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality;
k. when necessary, appear in person or by means of videoconference, before the competent national authorities at the location indicated by such authorities;
Or. en
Amendment 1391
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point k
Text proposed by the Commission
Amendment
k. when necessary, appear in person or when difficult by means of videoconference, before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality;
k. when necessary, appear in person before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality;
Or. en
Amendment 1392
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 2 – point k
Text proposed by the Commission
Amendment
k. when necessary, appear in person or when difficult by means of videoconference, before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality;
k. when necessary, appear in person or when difficult by means of videoconference, before the competent national and at the location indicated by such authorities where necessary to establish his or her nationality;
Or. en
Justification
It cannot be the case that third-country authorities, against which the returnee may well have alleged persecution, have the right to insist on that person appearing before them.
Amendment 1393
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 21 – paragraph 2 – point k
Text proposed by the Commission
Amendment
k. when necessary, appear in person or when difficult by means of videoconference, before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality;
k. when necessary, appear in person or by means of videoconference, before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality;
Or. en
Amendment 1394
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point k a (new)
Text proposed by the Commission
Amendment
k a. not physically oppose the return or removal;
Or. en
Amendment 1395
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point k a (new)
Text proposed by the Commission
Amendment
k a. not physically oppose the return;
Or. en
Amendment 1396
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 2 – point l
Text proposed by the Commission
Amendment
l. where required by competent authorities, participate in return and reintegration counselling.
deleted
Or. en
Amendment 1397
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 2 – point l
Text proposed by the Commission
Amendment
l. where required by competent authorities, participate in return and reintegration counselling.
deleted
Or. en
Amendment 1398
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point l
Text proposed by the Commission
Amendment
l. where required by competent authorities, participate in return and reintegration counselling.
l. where required by competent authorities, participate in return counselling.
Or. en
Amendment 1399
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point l a (new)
Text proposed by the Commission
Amendment
l a. comply with other relevant additional measures in relation to return under national law;
Or. en
Amendment 1400
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 – point l a (new)
Text proposed by the Commission
Amendment
l a. comply with other relevant additional measures in accordance with national law;
Or. en
Amendment 1401
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 2 – point l b (new)
Text proposed by the Commission
Amendment
l b. Obligations imposed upon the third-country national under this Article shall be without prejudice to obligations and measures not related to return provided for under national law.
Or. en
Amendment 1402
Mary Khan
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a. Where a third-country national refuses to provide biometric data in compliance with paragraph 2(f) of this Article, Member States may collect such biometric data by means of proportionate and strictly necessary coercive measures.
Or. en
Amendment 1403
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a. Nothing in this Regulation prohibits Member States from setting additional requirements for the cooperation of third country nationals.
Or. en
Amendment 1404
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a. Stateless persons shall not be prejudiced for the absence of documentation that they cannot reasonably obtain.
Or. en
Amendment 1405
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 2 b (new)
Text proposed by the Commission
Amendment
2 b. Where a third-country national does not provide biometric data in compliance with paragraph 2 point f of this Article, Member States may record such biometric data using means of coercion.
Or. en
Amendment 1406
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 3
Text proposed by the Commission
Amendment
3. The information and physical documentation or, where not available, copies thereof, referred to in paragraph 2, point (b), shall include in particular the third-country nationals’ statements and any documentation in their possession regarding:
deleted
a. their name, date and place of birth, gender and nationality or nationalities or the fact that the third-country national is stateless;
b. their family members and other personal details of the third-country national if relevant for carrying out the return or readmission procedure or for the determination of the country of return;
c. the type, number, period of validity and issuing country of any identity or travel document of the third-country nationals and other documents provided by them which the competent authority deems relevant for the purposes of identifying them, for carrying out the return or readmission procedure and for the determination of the country of return;
d. any residence permits or other authorisation offering the third-country nationals a right to stay issued by another Member State or by a third country;
e. any return decision issued by another Member State;
f. country or countries and place or places of previous residence, travel routes and travel documentation.
Or. en
Amendment 1407
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 3
Text proposed by the Commission
Amendment
3. The information and physical documentation or, where not available, copies thereof, referred to in paragraph 2, point (b), shall include in particular the third-country nationals’ statements and any documentation in their possession regarding:
deleted
a. their name, date and place of birth, gender and nationality or nationalities or the fact that the third-country national is stateless;
b. their family members and other personal details of the third-country national if relevant for carrying out the return or readmission procedure or for the determination of the country of return;
c. the type, number, period of validity and issuing country of any identity or travel document of the third-country nationals and other documents provided by them which the competent authority deems relevant for the purposes of identifying them, for carrying out the return or readmission procedure and for the determination of the country of return;
d. any residence permits or other authorisation offering the third-country nationals a right to stay issued by another Member State or by a third country;
e. any return decision issued by another Member State;
f. country or countries and place or places of previous residence, travel routes and travel documentation.
Or. en
Amendment 1408
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 3
Text proposed by the Commission
Amendment
3. The information and physical documentation or, where not available, copies thereof, referred to in paragraph 2, point (b), shall include in particular the third-country nationals’ statements and any documentation in their possession regarding:
deleted
a. their name, date and place of birth, gender and nationality or nationalities or the fact that the third-country national is stateless;
b. their family members and other personal details of the third-country national if relevant for carrying out the return or readmission procedure or for the determination of the country of return;
c. the type, number, period of validity and issuing country of any identity or travel document of the third-country nationals and other documents provided by them which the competent authority deems relevant for the purposes of identifying them, for carrying out the return or readmission procedure and for the determination of the country of return;
d. any residence permits or other authorisation offering the third-country nationals a right to stay issued by another Member State or by a third country;
e. any return decision issued by another Member State;
f. country or countries and place or places of previous residence, travel routes and travel documentation.
Or. en
Justification
It is not necessary nor proportionate to ask a TCN to provide a travel history outside the EU to the competent authorities. The information referred to in paragraph 2 is already sufficient to allow MS to make a determination on country of origin and/or country of previous residence. The obligation on returnees to provide documentation is set out in paragraph 2(b). As the list proposed by the Commission in paragraph 3 is not exhaustive, it has no value and only serves to confuse. For example, the Commission asks the returnee to provide statements regarding all the six paragraphs - this is clearly ridiculous as the return authorities prepare statements based on interviews with the returnee, not the other way around, and paragraph 2(b) to which paragraph 3 refers, is about documentation.
Amendment 1409
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 3 – introductory part
Text proposed by the Commission
Amendment
3. The information and physical documentation or, where not available, copies thereof, referred to in paragraph 2, point (b), shall include in particular the third-country nationals’ statements and any documentation in their possession regarding:
3. The information and physical and electronic documentation or, where not available, copies thereof, referred to in paragraph 2, point (b), shall include in particular the third-country nationals’ statements and any documentation in their possession regarding:
Or. en
Amendment 1410
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 3 – introductory part
Text proposed by the Commission
Amendment
3. The information and physical documentation or, where not available, copies thereof, referred to in paragraph 2, point (b), shall include in particular the third-country nationals’ statements and any documentation in their possession regarding:
3. The information and documentation or, where not available, copies thereof, referred to in paragraph 2, point (b) and (ba), shall include in particular the third-country nationals’ statements and any documentation in their possession regarding:
Or. en
Amendment 1411
Mary Khan
Proposal for a regulation
Article 21 – paragraph 3 – point b
Text proposed by the Commission
Amendment
b. their family members and other personal details of the third-country national if relevant for carrying out the return or readmission procedure or for the determination of the country of return;
b. their family members and other personal details of the third-country national for the purpose of carrying out the return or readmission procedure or for the determination of the country of return;
Or. en
Amendment 1412
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 3 – point e
Text proposed by the Commission
Amendment
e. any return decision issued by another Member State;
e. any return decision, decision ordering the removal, or entry ban issued by another Member State;
Or. en
Amendment 1413
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 21 – paragraph 3 – point e
Text proposed by the Commission
Amendment
e. any return decision issued by another Member State;
e. any return decision, removal order, or entry ban issued by another Member State;
Or. en
Amendment 1414
Mary Khan
Proposal for a regulation
Article 21 – paragraph 3 – point e
Text proposed by the Commission
Amendment
e. any return decision issued by another Member State;
e. any return decision, removal order or entry ban issued by another Member State;
Or. en
Amendment 1415
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
Proposal for a regulation
Article 21 – paragraph 3 – point f
Text proposed by the Commission
Amendment
f. country or countries and place or places of previous residence, travel routes and travel documentation.
f. country or countries and place or places of previous residence, travel routes, transit, and travel documentation.
Or. en
Amendment 1416
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 4
Text proposed by the Commission
Amendment
4. Where the competent authorities decide to retain any document necessary for the purpose of preparing return as referred to in paragraph 2, point (b), they shall ensure that the third-country national immediately receives photocopies or, at the person’s choice, electronic records of the originals. In the context of return pursuant to Article 13, the competent authorities shall either hand back such documents to the third-country national at the time of departure or upon arrival in the third country.
4. Where the competent authorities decide to retain any document necessary for the purpose of preparing return as referred to in paragraph 2, point (b), they shall ensure that the third-country national immediately receives photocopies or, at the person’s choice, electronic records of the originals. In the context of return pursuant to Article 13, the competent authorities shall hand back such documents to the third-country national at the time of departure.
Or. en
Amendment 1417
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 4
Text proposed by the Commission
Amendment
4. Where the competent authorities decide to retain any document necessary for the purpose of preparing return as referred to in paragraph 2, point (b), they shall ensure that the third-country national immediately receives photocopies or, at the person’s choice, electronic records of the originals. In the context of return pursuant to Article 13, the competent authorities shall either hand back such documents to the third-country national at the time of departure or upon arrival in the third country.
4. Where the competent authorities decide to retain any document necessary for the purpose of return as referred to in paragraph 2, point (b), they shall ensure that the third-country national receives photocopies, electronic records of the originals, or a confirmation of retention of the document. In case of voluntary return, the competent authorities shall either hand back such documents to the third-country national at the time of departure or upon arrival in the third country.
Or. en
Amendment 1418
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 21 – paragraph 4
Text proposed by the Commission
Amendment
4. Where the competent authorities decide to retain any document necessary for the purpose of preparing return as referred to in paragraph 2, point (b), they shall ensure that the third-country national immediately receives photocopies or, at the person’s choice, electronic records of the originals. In the context of return pursuant to Article 13, the competent authorities shall either hand back such documents to the third-country national at the time of departure or upon arrival in the third country.
4. Where the competent authorities decide to retain any document necessary for the purpose of preparing return as referred to in paragraph 2, point (b), they shall ensure that the third-country national immediately receives photocopies or other appropriate proof of retention of the document. In the context of return pursuant to Article 13, the competent authorities shall either hand back such documents to the third-country national at the time of departure or upon arrival in the third country.
Or. en
Amendment 1419
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 4
Text proposed by the Commission
Amendment
4. Where the competent authorities decide to retain any document necessary for the purpose of preparing return as referred to in paragraph 2, point (b), they shall ensure that the third-country national immediately receives photocopies or, at the person’s choice, electronic records of the originals. In the context of return pursuant to Article 13, the competent authorities shall either hand back such documents to the third-country national at the time of departure or upon arrival in the third country.
4. Where the competent authorities need to retain any document necessary for the purpose of preparing return as referred to in paragraph 2, point (b), they shall do so by making photocopies or electronic records of the originals. Only in the context of return pursuant to Article 13, the competent authorities may retain the original documents and shall either hand back such documents to the third-country national either at the time of departure or upon arrival in the third country.
Or. en
Amendment 1420
Mary Khan
Proposal for a regulation
Article 21 – paragraph 5
Text proposed by the Commission
Amendment
5. The third-country national shall accept any communication from the competent authorities, be it by telephone, electronic mail or mail, using the most recent contact details indicated by himself or herself to the competent authorities in accordance with paragraph 2, points (g) and (h). Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.
5. The third-country national shall be reachable by any means of communication as defined by the Member State in accordance with national law. Member States shall establish in national law the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.
Or. en
Amendment 1421
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 5
Text proposed by the Commission
Amendment
5. The third-country national shall accept any communication from the competent authorities, be it by telephone, electronic mail or mail, using the most recent contact details indicated by himself or herself to the competent authorities in accordance with paragraph 2, points (g) and (h). Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.
5. The third-country national shall be reachable by any means of communication as defined by the Member State in accordance with national law. Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Member States or the Union for the purpose of such communication.
Or. en
Amendment 1422
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 21 – paragraph 5
Text proposed by the Commission
Amendment
5. The third-country national shall accept any communication from the competent authorities, be it by telephone, electronic mail or mail, using the most recent contact details indicated by himself or herself to the competent authorities in accordance with paragraph 2, points (g) and (h). Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.
5. The third-country national shall accept any communication from the competent authorities, using the most recent contact details indicated by himself or herself to the competent authorities. Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.
Or. en
Amendment 1423
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 5
Text proposed by the Commission
Amendment
5. The third-country national shall accept any communication from the competent authorities, be it by telephone, electronic mail or mail, using the most recent contact details indicated by himself or herself to the competent authorities in accordance with paragraph 2, points (g) and (h). Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.
5. Member States shall ensure that the method of communication is adequate, accessible, and understandable for persons who are illiterate or digitally illiterate. Member States shall ensure that such communication is made in a language the third-country national understands and in a format accessible to individuals with limited literacy or digital skills and establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national.
Or. en
Amendment 1424
Jan-Christoph Oetjen, Irena Joveva, Abir Al-Sahlani
Proposal for a regulation
Article 21 – paragraph 5
Text proposed by the Commission
Amendment
5. The third-country national shall accept any communication from the competent authorities, be it by telephone, electronic mail or mail, using the most recent contact details indicated by himself or herself to the competent authorities in accordance with paragraph 2, points (g) and (h). Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.
5. The third-country national shall, within reasonable limits, accept any communication from the competent authorities, be it by telephone, electronic mail or mail, using the most recent contact details indicated by himself or herself to the competent authorities in accordance with paragraph 2, points (g) and (h). Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.
Or. en
Amendment 1425
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 5
Text proposed by the Commission
Amendment
5. The third-country national shall accept any communication from the competent authorities, be it by telephone, electronic mail or mail, using the most recent contact details indicated by himself or herself to the competent authorities in accordance with paragraph 2, points (g) and (h). Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.
5. Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication. The competent authorities shall inform the returnee, in a language which the returnee understands or is reasonably supposed to understand, of the method of communication that will be used in relation to the return procedure.
Or. en
Justification
It is not the role of TCNs to determine how a MS regulates the notification of decisions to them. They cannot be asked to accept a mode of communication that has not been explained to them.
Amendment 1426
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 5
Text proposed by the Commission
Amendment
5. The third-country national shall accept any communication from the competent authorities, be it by telephone, electronic mail or mail, using the most recent contact details indicated by himself or herself to the competent authorities in accordance with paragraph 2, points (g) and (h). Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.
5. The third-country national shall indicate their preferred method of communication be it by telephone, electronic mail or mail, using the most recent contact details indicated by himself or herself to the competent authorities in accordance with paragraph 2, points (g) and (h). Member States shall either establish in national law the methods of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.
Or. en
Amendment 1427
Mélissa Camara
Proposal for a regulation
Article 21 – paragraph 6
Text proposed by the Commission
Amendment
6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law.
deleted
Or. en
Amendment 1428
Estrella Galán
Proposal for a regulation
Article 21 – paragraph 6
Text proposed by the Commission
Amendment
6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law.
deleted
Or. en
Amendment 1429
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 6
Text proposed by the Commission
Amendment
6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law.
6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons.
Or. en
Amendment 1430
Mary Khan
Proposal for a regulation
Article 21 – paragraph 6
Text proposed by the Commission
Amendment
6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law.
6. A third-country national may be searched or his or her personal belongings and electronic devices may be searched, where it is necessary for the purpose of the return or readmission procedure, for security reasons or for any other justified reason.
Or. en
Amendment 1431
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 21 – paragraph 6
Text proposed by the Commission
Amendment
6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law.
6. Where an equivalent search has not been carried out in accordance with Article 9(5) of Regulation (EU) 2024/1348, a third-country national may be searched or his or her personal belongings may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in Union and national law.
Or. en
Justification
The TCN should not be searched twice. The onus is already on MS to issue the return decision together with a negative asylum decision.
Amendment 1432
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 21 – paragraph 6
Text proposed by the Commission
Amendment
6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law.
6. A third-country national may be searched or his or her personal belongings may be searched, including electronic devices, where it is necessary and duly justified for the purpose of the return or readmission procedure, or for the purpose of security or judicial investigations. Any search of the third-country national under this Regulation may be carried out without the consent of the third-country national concerned and shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law.
Or. en
Amendment 1433
Abir Al-Sahlani, Irena Joveva, Jan-Christoph Oetjen
Proposal for a regulation
Article 21 – paragraph 6
Text proposed by the Commission
Amendment
6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law.
6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law. Any search shall be proportional and duly justified for the purpose of the return procedure.
Or. en
Amendment 1434
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 6
Text proposed by the Commission
Amendment
6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law.
6. Without prejudice to investigative measures for other reasons in accordance with national law, the competent authorities of the Member States, where necessary, proportionate and duly justified for the purpose of preparing or ensuring an effective return, may:
Or. en
Amendment 1435
Nadine Morano
Proposal for a regulation
Article 21 – paragraph 6
Text proposed by the Commission
Amendment
6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law.
6. A third-country national may be searched or all his or her personal belongings, including digital, may be searched, where it is necessary and duly justified for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. Any search of the third-country national under this Regulation shall respect fundamental rights, in particular the principles of human dignity and of physical and psychological integrity and be subject to the safeguards and remedies provided for in national law.
Or. fr
Amendment 1436
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 6 – point a (new)
Text proposed by the Commission
Amendment
(a) search the third-country national and his or her place of residence or other relevant premises;
Or. en
Amendment 1437
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 6 – point b (new)
Text proposed by the Commission
Amendment
(b) search and seize personal belongings, electronic devices, and other items of relevance;
Or. en
Amendment 1438
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 6 – point c (new)
Text proposed by the Commission
Amendment
(c) impose other investigative measures, where provided for in national law.
Or. en
Amendment 1439
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 6 – point d (new)
Text proposed by the Commission
Amendment
(d) Any investigative measures under paragraph 6, points (a) to (c), of this Article may be carried out without the consent of the third-country national concerned.
Or. en
Amendment 1440
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 21 – paragraph 6 – point e (new)
Text proposed by the Commission
Amendment
(e) Any investigative measures imposed in accordance with paragraph 6, points (a) to (c), of this Article shall respect the fundamental rights and be subject to the safeguards and remedies provided for in Union and national law.
Or. en
Amendment 1441
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Text proposed by the Commission
Amendment
6 a. Competent authorities may search a third-country national’s electronic devices to obtain information establishing their identity or travel data, including by examining all data stored on the device, such as private communications, photos, and their associated metadata.
The third-country national shall facilitate the search of his or her electronic devices, including by providing any access codes or passwords necessary to unlock the device.
Or. en
Amendment 1442
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 6 b (new)
Text proposed by the Commission
Amendment
6 b. Competent authorities may retain the electronic devices referred to in paragraph 6a for as long as is necessary to conduct the return and readmission procedure, and in any case no later than the moment of removal from the territory of the Member States.
Or. en
Amendment 1443
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 6 c (new)
Text proposed by the Commission
Amendment
6 c. Where an electronic device is retained in accordance with paragraph 6a and it is the only device that enables the third-country national to communicate with the competent authorities, the competent authorities shall make all reasonable efforts to obtain a forensic back-up of the device and return it to the third-country national as soon as possible.
Or. en
Amendment 1444
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 6 d (new)
Text proposed by the Commission
Amendment
6 d. Competent authorities may search third-country nationals and their place of residence where it is necessary and duly justified for the purpose of return and removal of the third-country national.
Or. en
Amendment 1445
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 6 e (new)
Text proposed by the Commission
Amendment
6 e. Member States may provide for other investigative measures in national law where it is necessary, proportionate and duly justified for the purpose of the removal or readmission procedure.
Or. en
Amendment 1446
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 21 – paragraph 6 f (new)
Text proposed by the Commission
Amendment
6 f. For the purpose of verifying the information provided by the third-country national in accordance with the obligations set out in this Article, competent authorities may consult publicly available sources, including social media
Or. en
Amendment 1447
Mélissa Camara
Proposal for a regulation
Article 22
Text proposed by the Commission
Amendment
Article 22
deleted
Consequences in case of non-compliance with the obligation to cooperate
In case of non-compliance with the obligations set out in Article 21(2), points (a) to (k), Member States shall provide for a possibility to impose, following an individual assessment, effective, proportionate and dissuasive measures on the third-country national, out of the following:
(1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned unless this would lead to the persons' inability to make provision of their basic needs;
(2) refusal or reduction of incentives granted to promote voluntary return in accordance with Article 13 or reduced assistance in return and reintegration programmes pursuant to Article 46(3);
(3) seizure of identity or travel documents provided that the third-country national receives a copy;
(4) refusal or withdrawal of work permit, pursuant to national law;
(5) extension of the duration of an entry ban in line with Article 10(7);
(6) financial penalties.
Or. en
Amendment 1448
Estrella Galán
Proposal for a regulation
Article 22
Text proposed by the Commission
Amendment
Article 22
deleted
Consequences in case of non-compliance with the obligation to cooperate
In case of non-compliance with the obligations set out in Article 21(2), points (a) to (k), Member States shall provide for a possibility to impose, following an individual assessment, effective, proportionate and dissuasive measures on the third-country national, out of the following:
(1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned unless this would lead to the persons' inability to make provision of their basic needs;
(2) refusal or reduction of incentives granted to promote voluntary return in accordance with Article 13 or reduced assistance in return and reintegration programmes pursuant to Article 46(3);
(3) seizure of identity or travel documents provided that the third-country national receives a copy;
(4) refusal or withdrawal of work permit, pursuant to national law;
(5) extension of the duration of an entry ban in line with Article 10(7);
(6) financial penalties.
Or. en
Amendment 1449
Nadine Morano
Proposal for a regulation
Article 22 – title
Text proposed by the Commission
Amendment
Consequences in case of non-compliance with the obligation to cooperate
Consequences and penalties in case of non-compliance with the obligation to cooperate
Or. fr
Amendment 1450
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
In case of non-compliance with the obligations set out in Article 21(2), points (a) to (k), Member States shall provide for a possibility to impose, following an individual assessment, effective, proportionate and dissuasive measures on the third-country national, out of the following:
In case of non-compliance with the obligations set out in Article 21(2), points (a) to (k), Member States shall provide of the following:
Or. en
Amendment 1451
Mary Khan
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
In case of non-compliance with the obligations set out in Article 21(2), points (a) to (k), Member States shall provide for a possibility to impose, following an individual assessment, effective, proportionate and dissuasive measures on the third-country national, out of the following:
In case of non-compliance with the obligations set out in Article 21(2), Member States shall impose detention in accordance with Article 29 and removal in accordance with Article 12.
Or. en
Amendment 1452
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
In case of non-compliance with the obligations set out in Article 21(2), points (a) to (k), Member States shall provide for a possibility to impose, following an individual assessment, effective, proportionate and dissuasive measures on the third-country national, out of the following:
In case of non-compliance with the obligations as set out in Article 21, paragraph 1 and the requirements under Article 21, paragraph 2, Member States shall impose on the third country national concerned one or more of the measures set out in Article 23, paragraph 1, and may impose one or more of the following measures which shall be effective and proportionate:
Or. en
Amendment 1453
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
In case of non-compliance with the obligations set out in Article 21(2), points (a) to (k), Member States shall provide for a possibility to impose, following an individual assessment, effective, proportionate and dissuasive measures on the third-country national, out of the following:
1. In case of non-compliance with the obligations set out in Article 21 Member States shall provide for a possibility to impose effective and dissuasive measures on the third-country national, out of the following:
Or. en
Amendment 1454
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
In case of non-compliance with the obligations set out in Article 21(2), points (a) to (k), Member States shall provide for a possibility to impose, following an individual assessment, effective, proportionate and dissuasive measures on the third-country national, out of the following:
In case of non-compliance with the obligations set out in Article 21(1) and (2), points (a) to (k), Member States shall provide for a possibility to impose, following an individual assessment, effective, proportionate and dissuasive measures or sanctions on the third-country national, out of the following:
Or. en
Amendment 1455
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
In case of non-compliance with the obligations set out in Article 21(2), points (a) to (k), Member States shall provide for a possibility to impose, following an individual assessment, effective, proportionate and dissuasive measures on the third-country national, out of the following:
In case of non-compliance with the obligations set out in Article 21(2), points (a) to (k), Member States shall provide for a possibility to impose, following an individual assessment, administrative penalties on the third-country national, out of the following:
Or. en
Justification
These are quite clearly penalties imposed on the returnees. We should describe them as such. If we have no legal basis to impose penalties then they should not be included.
Amendment 1456
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 22 – paragraph 1 – point 1
Text proposed by the Commission
Amendment
(1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned unless this would lead to the persons' inability to make provision of their basic needs;
deleted
Or. en
Justification
The removal of benefits should not be related to a return procedure as such. This would be discriminatory as nationals in receipt of benefits are not put in the same procedure with the same obligations.
Amendment 1457
Mary Khan
Proposal for a regulation
Article 22 – paragraph 1 – point 1
Text proposed by the Commission
Amendment
(1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned unless this would lead to the persons' inability to make provision of their basic needs;
deleted
Or. en
Amendment 1458
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 22 – paragraph 1 – point 1
Text proposed by the Commission
Amendment
(1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned unless this would lead to the persons' inability to make provision of their basic needs;
(1) refusal or reduction of certain benefits and allowances, where provided for by national law;
Or. en
Amendment 1459
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 22 – paragraph 1 – point 1
Text proposed by the Commission
Amendment
(1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned unless this would lead to the persons' inability to make provision of their basic needs;
(1) refusal of certain benefits and allowances granted under Member State law to the third-country nationals;
Or. en
Amendment 1460
Nadine Morano
Proposal for a regulation
Article 22 – paragraph 1 – point 1
Text proposed by the Commission
Amendment
(1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned unless this would lead to the persons' inability to make provision of their basic needs;
(1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned;
Or. fr
Amendment 1461
Ana Miguel Pedro
Proposal for a regulation
Article 22 – paragraph 1 – point 1
Text proposed by the Commission
Amendment
(1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned unless this would lead to the persons' inability to make provision of their basic needs;
(1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned;
Or. en
Amendment 1462
Mary Khan
Proposal for a regulation
Article 22 – paragraph 1 – point 2
Text proposed by the Commission
Amendment
(2) refusal or reduction of incentives granted to promote voluntary return in accordance with Article 13 or reduced assistance in return and reintegration programmes pursuant to Article 46(3);
deleted
Or. en
Amendment 1463
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 22 – paragraph 1 – point 2
Text proposed by the Commission
Amendment
(2) refusal or reduction of incentives granted to promote voluntary return in accordance with Article 13 or reduced assistance in return and reintegration programmes pursuant to Article 46(3);
(2) refusal or reduction of incentives granted to promote voluntary return in accordance with Article 13;
Or. en
Amendment 1464
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 22 – paragraph 1 – point 2
Text proposed by the Commission
Amendment
(2) refusal or reduction of incentives granted to promote voluntary return in accordance with Article 13 or reduced assistance in return and reintegration programmes pursuant to Article 46(3);
(2) refusal or reduction of incentives granted to promote accepted return in accordance with Article 13 or reduced assistance in return and reintegration programmes pursuant to Article 46(3);
Or. en
Amendment 1465
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 22 – paragraph 1 – point 2
Text proposed by the Commission
Amendment
(2) refusal or reduction of incentives granted to promote voluntary return in accordance with Article 13 or reduced assistance in return and reintegration programmes pursuant to Article 46(3);
(2) refusal or reduction of incentives granted to promote voluntary return including refusal or reduction of assistance in return and reintegration programmes pursuant to Article 46(3);
Or. en
Amendment 1466
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 22 – paragraph 1 – point 3
Text proposed by the Commission
Amendment
(3) seizure of identity or travel documents provided that the third-country national receives a copy;
deleted
Or. en
Justification
The MS authorities already receive these documents under Article 21(2)(b).
Amendment 1467
Mary Khan
Proposal for a regulation
Article 22 – paragraph 1 – point 3
Text proposed by the Commission
Amendment
(3) seizure of identity or travel documents provided that the third-country national receives a copy;
deleted
Or. en
Amendment 1468
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 22 – paragraph 1 – point 3
Text proposed by the Commission
Amendment
(3) seizure of identity or travel documents provided that the third-country national receives a copy;
deleted
Or. en
Justification
In the case of non-compliance, the risk of absconding is high, which also affects the other Member States. It is therefore warranted that the seizure of documents becomes mandatory in accordance with paragraph 2.
Amendment 1469
Mary Khan
Proposal for a regulation
Article 22 – paragraph 1 – point 4
Text proposed by the Commission
Amendment
(4) refusal or withdrawal of work permit, pursuant to national law;
deleted
Or. en
Amendment 1470
Mary Khan
Proposal for a regulation
Article 22 – paragraph 1 – point 5
Text proposed by the Commission
Amendment
(5) extension of the duration of an entry ban in line with Article 10(7);
deleted
Or. en
Amendment 1471
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 22 – paragraph 1 – point 5
Text proposed by the Commission
Amendment
(5) extension of the duration of an entry ban in line with Article 10(7);
(5) extension of the duration of an entry ban up to the maximum duration in Article 10(6);
Or. en
Amendment 1472
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 22 – paragraph 1 – point 5
Text proposed by the Commission
Amendment
(5) extension of the duration of an entry ban in line with Article 10(7);
(5) double the duration of the entry ban in accordance with article 10 (7)
Or. en
Amendment 1473
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 22 – paragraph 1 – point 6
Text proposed by the Commission
Amendment
(6) financial penalties.
deleted
Or. en
Justification
Financial penalties are not proportionate for returnees who, for the most part, have no form of income and are being required to leave the Member States.
Amendment 1474
Mary Khan
Proposal for a regulation
Article 22 – paragraph 1 – point 6
Text proposed by the Commission
Amendment
(6) financial penalties.
deleted
Or. en
Amendment 1475
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 22 – paragraph 1 – point 6
Text proposed by the Commission
Amendment
(6) financial penalties.
(6) criminal sanctions, including imprisonment and financial penalties, where provided for in national law.
Or. en
Amendment 1476
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 22 – paragraph 1 – point 6 a (new)
Text proposed by the Commission
Amendment
(6 a) means to record biometric data, including fingerprints, which could include the use of coercion when a third-country National does not provide biometric data in compliance with Article 21, paragraph 2, point (f);
Or. en
Amendment 1477
Elissavet Vozemberg-Vrionidi, Fredis Beleris
Proposal for a regulation
Article 22 – paragraph 1 – point 6 a (new)
Text proposed by the Commission
Amendment
(6 a) any other measure established under national law, including criminal sanctions, aimed at ensuring compliance with the obligation to leave the territory of the Member State.
Or. en
Amendment 1478
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 22 – paragraph 1 – point 6 a (new)
Text proposed by the Commission
Amendment
(6 a) Returnees on whom such administrative penalties are imposed shall have a right to an effective remedy against such penalties in accordance with Article 26.
Or. en
Justification
The returnee has a right to an effective remedy in respect of the imposition of such penalties, as any EU citizen would have.
Amendment 1479
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 22 – paragraph 1 – point 6 a (new)
Text proposed by the Commission
Amendment
(6 a) detention in accordance with Article 29 or alternatives to detention pursuant to Article 31;
Or. en
Amendment 1480
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 22 – paragraph 1 – point 6 a (new)
Text proposed by the Commission
Amendment
(6 a) measures in accordance with Article 31(2)(a) and (c);
Or. en
Amendment 1481
Elissavet Vozemberg-Vrionidi, Fredis Beleris
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 (new)
Text proposed by the Commission
Amendment
In case of absconding to another Member State, the return decision issued to the third-country national concerned will be recognised and enforced in accordance with Article 9, while it may only be challenged before the competent authority of the issuing Member State.
Or. en
Amendment 1482
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 22 – paragraph 1 – point 6 b (new)
Text proposed by the Commission
Amendment
(6 b) other measures or consequences than the abovementioned, where provided for in national law.
Or. en
Amendment 1483
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 22 – paragraph 1 – point 6 b (new)
Text proposed by the Commission
Amendment
(6 b) criminal sanctions in accordance with national law;
Or. en
Amendment 1484
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 22 – paragraph 1 – point 6 b (new)
Text proposed by the Commission
Amendment
(6 b) detention in accordance with Article 29(3)(e);
Or. en
Amendment 1485
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
Failure to comply with the obligations set out in Article 21(1) and (2) shall result in the suspension or withdrawal of the postponement of removal in accordance with Article 14(7).
Or. en
Amendment 1486
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
In the event of non-compliance with the obligations set out in Article 21, Member States shall seize identity or travel documents and provide the third-country national with a copy thereof.
Or. en
Amendment 1487
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 22 – paragraph 1 b (new)
Text proposed by the Commission
Amendment
Nothing in this Regulation shall prohibit Member States from adopting additional measures in response to a third-country national's non-compliance with the obligations set out in Article 21.
Or. en
Amendment 1488
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Ana Miguel Pedro, Loránt Vincze, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 22 – paragraph 1 b (new)
Text proposed by the Commission
Amendment
Member States may provide for other dissuasive measures or sanctions in national law where it is necessary, proportionate and duly justified for the purpose of return or removal.
Or. en
Amendment 1489
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 22 – paragraph 1 c (new)
Text proposed by the Commission
Amendment
Member States may provide in their national law that the measures imposed on the third-country national in accordance with paragraph 1 or 3 of this Article are not appealable, or that such an appeal shall not have suspensive effect.
Or. en
Amendment 1490
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 22 – paragraph 1 d (new)
Text proposed by the Commission
Amendment
Without prejudice to the civil or administrative measures imposed in accordance with this Article, Member States may also provide in their national criminal law that non-cooperation constitutes a criminal offence.
Or. en
Amendment 1491
Mary Khan
Proposal for a regulation
Article 23 – title
Text proposed by the Commission
Amendment
Availability for the return process
Restrictions to promote an effective return process
Or. en
Amendment 1492
Mélissa Camara
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. To ensure a swift, efficient and effective return, third-country nationals shall, for the duration of the return procedure, be subject to one or more of the following measures:
1. Only where necessary to ensure an effective return, third-country nationals may, for the duration of the return procedure, be subject to one or more of the following measures, which shall take into account the individual's circumstances, including family, work; education or other obligations:
Or. en
Amendment 1493
Estrella Galán
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. To ensure a swift, efficient and effective return, third-country nationals shall, for the duration of the return procedure, be subject to one or more of the following measures:
1. To ensure return while avoiding the use of detention, third-country nationals may only, when strictly necessary and proportionate, for the duration of the return procedure following an individual assessment of their situation, be subject to one or more of the following measures:
Or. en
Amendment 1494
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. To ensure a swift, efficient and effective return, third-country nationals shall, for the duration of the return procedure, be subject to one or more of the following measures:
1. To ensure a swift, efficient and effective return, reduce the risk of absconding, or the enhance further compliance with the obligations to leave, or to protect the public order or public safety third-country nationals be subject to one or more of the following measures:
Or. en
Amendment 1495
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. To ensure a swift, efficient and effective return, third-country nationals shall, for the duration of the return procedure, be subject to one or more of the following measures:
1. For the purpose of preparing and ensuring an effective return or to further incentivise compliance with the obligations to leave and cooperate, Member States may impose on the third-country national one or more of the following measures:
Or. en
Amendment 1496
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. To ensure a swift, efficient and effective return, third-country nationals shall, for the duration of the return procedure, be subject to one or more of the following measures:
1. To ensure a swift, efficient and effective return and prevent the risk of absconding, third-country nationals shall, for the duration of the return procedure, be subject to one or more of the following measures:
Or. en
Amendment 1497
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. To ensure a swift, efficient and effective return, third-country nationals shall, for the duration of the return procedure, be subject to one or more of the following measures:
1. To ensure an efficient, effective and sustainable return, returnees may, based on an individual assessment, and for the duration of the return procedure, be subject to one or more of the following measures:
Or. en
Justification
As these measures restrict the rights of returnees, the need to be justified on the basis of an individual assessment. Paragraph 2 already provides examples of cases where this may not be possible.
Amendment 1498
Nadine Morano
Proposal for a regulation
Article 23 – paragraph 1 – point a
Text proposed by the Commission
Amendment
a. allocation to a geographical area within the Member State’s territory in which they are able to move freely;
deleted
Or. fr
Amendment 1499
Jan-Christoph Oetjen, Irena Joveva, Abir Al-Sahlani
Proposal for a regulation
Article 23 – paragraph 1 – point a
Text proposed by the Commission
Amendment
a. allocation to a geographical area within the Member State’s territory in which they are able to move freely;
a. allocation to a geographical area within the Member State’s territory in which they are able to move freely; that geographical area shall be sufficiently large, allow access to necessary public infrastructure and shall not affect the applicants’ unalienable sphere of private life in line with Article 8 Directive (EU) 2024/1346;
Or. en
Amendment 1500
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 1 – point a
Text proposed by the Commission
Amendment
a. allocation to a geographical area within the Member State’s territory in which they are able to move freely;
a. the obligation to remain within a geographical area within the Member State’s territory in which they are able to move freely;
Or. en
Amendment 1501
Nadine Morano
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Text proposed by the Commission
Amendment
aa. detention in a designated place;
Or. fr
Amendment 1502
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 1 – point b
Text proposed by the Commission
Amendment
b. residence at a specific address;
b. the obligation to reside at a specific address or place designated by the competent authorities;
Or. en
Amendment 1503
Nadine Morano
Proposal for a regulation
Article 23 – paragraph 1 – point b
Text proposed by the Commission
Amendment
b. residence at a specific address;
b. residence at a specific address, if necessary under electronic monitoring;
Or. fr
Amendment 1504
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 23 – paragraph 1 – point b
Text proposed by the Commission
Amendment
b. residence at a specific address;
b. residence at a specific address or a designated place;
Or. en
Amendment 1505
Cecilia Strada, Marco Tarquinio, Alessandro Zan
Proposal for a regulation
Article 23 – paragraph 1 – point b
Text proposed by the Commission
Amendment
b. residence at a specific address;
b. residence at a specific address, where available;
Or. en
Amendment 1506
Estrella Galán
Proposal for a regulation
Article 23 – paragraph 1 – point c
Text proposed by the Commission
Amendment
c. reporting to the competent authorities at a specified time or at reasonable intervals.
c. reporting to the competent authorities at a specified time or at reasonable intervals, taking into account the individual’s circumstances, including work, education or other justified obligations.
Or. en
Amendment 1507
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 1 – point c
Text proposed by the Commission
Amendment
c. reporting to the competent authorities at a specified time or at reasonable intervals.
c. the obligation to report to the competent authorities at specified times in person or by other means as specified in national law;
Or. en
Amendment 1508
Mary Khan
Proposal for a regulation
Article 23 – paragraph 1 – point c
Text proposed by the Commission
Amendment
c. reporting to the competent authorities at a specified time or at reasonable intervals.
c. reporting to the competent authorities in person at regular intervals in accordance with national law.
Or. en
Amendment 1509
Nadine Morano
Proposal for a regulation
Article 23 – paragraph 1 – point c
Text proposed by the Commission
Amendment
c. reporting to the competent authorities at a specified time or at reasonable intervals.
c. reporting to the competent authorities at a specified time or at regular intervals.
Or. fr
Amendment 1510
Mélissa Camara
Proposal for a regulation
Article 23 – paragraph 1 – point c
Text proposed by the Commission
Amendment
c. reporting to the competent authorities at a specified time or at reasonable intervals.
c. reporting to the competent authorities at reasonable intervals.
Or. en
Amendment 1511
Mary Khan
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
Text proposed by the Commission
Amendment
c a. other measures than those referred to in (a) to (c), where provided for in national law.
Or. en
Amendment 1512
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
Text proposed by the Commission
Amendment
c a. other measures than those referred to in (a) to (c), where provided for in national law.
Or. en
Amendment 1513
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
Text proposed by the Commission
Amendment
c a. Take residence in an internal return hub.
Or. en
Amendment 1514
Mélissa Camara
Proposal for a regulation
Article 23 – paragraph 2
Text proposed by the Commission
Amendment
2. Paragraph 1 shall only be applied to the extent that it is compatible with the special needs of vulnerable persons and the best interests of the child.
2. Paragraph 1 shall only be applied to the extent that such measures are necessary and proportionate in the individual case, that they are compatible with the special needs of vulnerable persons and the best interests of the child, that they do not disproportionately affect the rights of third-country nationals under this Regulation and that they do not unduly restrict the ability of the third-country national to actively participate in the return process.
Or. en
Amendment 1515
Estrella Galán
Proposal for a regulation
Article 23 – paragraph 2
Text proposed by the Commission
Amendment
2. Paragraph 1 shall only be applied to the extent that it is compatible with the special needs of vulnerable persons and the best interests of the child.
2. Paragraph 1 shall only be applied following an analysis of the individual circumstances of the person, the proportionality of the measure in the specific case, and in a non-discriminatory and non-automatic manner. In the case of vulnerable persons, it shall only be applied to the extent that it is compatible with the special needs of vulnerable persons and the best interests of the child.
Or. en
Amendment 1516
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 2
Text proposed by the Commission
Amendment
2. Paragraph 1 shall only be applied to the extent that it is compatible with the special needs of vulnerable persons and the best interests of the child.
2. Any measures under paragraph 1 shall only be applied to the extent that it is compatible with the special needs of vulnerable persons and the best interests of the child.
Or. en
Amendment 1517
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a. The measures set out in paragraph 1 may also be imposed on third-country nationals who cannot be removed, due to their lack of cooperation with the competent authorities.
Or. en
Amendment 1518
Mary Khan
Proposal for a regulation
Article 23 – paragraph 3 – introductory part
Text proposed by the Commission
Amendment
3. Upon request, competent authorities may grant the third-country national permission to:
3. Upon a duly justified request, competent authorities may grant the third-country national permission to temporarily leave the geographical area for duly justified urgent and serious family reasons or necessary medical treatment which is not available within the geographical area
Or. en
Amendment 1519
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 23 – paragraph 3 – introductory part
Text proposed by the Commission
Amendment
3. Upon request, competent authorities may grant the third-country national permission to:
3. Where a returnee is subject to one or more of the measures referred to in paragraph 1, and upon request, competent authorities may grant the third-country national permission to:
Or. en
Amendment 1520
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 3 – introductory part
Text proposed by the Commission
Amendment
3. Upon request, competent authorities may grant the third-country national permission to:
3. Upon request, competent authorities may grant the third-country national permission to temporarily not comply with a measure as referred to in paragraph 1.
Or. en
Amendment 1521
Nadine Morano
Proposal for a regulation
Article 23 – paragraph 3 – introductory part
Text proposed by the Commission
Amendment
3. Upon request, competent authorities may grant the third-country national permission to:
3. Upon request and for duly substantiated reasons, national authorities may grant the third-country national permission to:
Or. fr
Amendment 1522
Mélissa Camara
Proposal for a regulation
Article 23 – paragraph 3 – introductory part
Text proposed by the Commission
Amendment
3. Upon request, competent authorities may grant the third-country national permission to:
3. Upon request, competent authorities shall grant the third-country national permission to:
Or. en
Amendment 1523
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 3 – point a
Text proposed by the Commission
Amendment
a. temporarily leave the geographical area for duly justified urgent and serious family reasons or necessary medical treatment which is not available within the geographical area;
deleted
Or. en
Amendment 1524
Mary Khan
Proposal for a regulation
Article 23 – paragraph 3 – point a
Text proposed by the Commission
Amendment
a. temporarily leave the geographical area for duly justified urgent and serious family reasons or necessary medical treatment which is not available within the geographical area;
deleted
Or. en
Amendment 1525
Estrella Galán
Proposal for a regulation
Article 23 – paragraph 3 – point a
Text proposed by the Commission
Amendment
a. temporarily leave the geographical area for duly justified urgent and serious family reasons or necessary medical treatment which is not available within the geographical area;
a. leave the designated geographical area for duly justified urgent and serious family reasons or necessary medical treatment which is not available within the geographical area;
Or. en
Amendment 1526
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 3 – point b
Text proposed by the Commission
Amendment
b. reside temporarily outside the place designated in accordance with paragraph 1, point (b);
deleted
Or. en
Amendment 1527
Mary Khan
Proposal for a regulation
Article 23 – paragraph 3 – point b
Text proposed by the Commission
Amendment
b. reside temporarily outside the place designated in accordance with paragraph 1, point (b);
deleted
Or. en
Amendment 1528
Estrella Galán
Proposal for a regulation
Article 23 – paragraph 3 – point b
Text proposed by the Commission
Amendment
b. reside temporarily outside the place designated in accordance with paragraph 1, point (b);
b. reside outside the place designated in accordance with paragraph 1, point (b);
Or. en
Amendment 1529
Mary Khan
Proposal for a regulation
Article 23 – paragraph 3 – point c
Text proposed by the Commission
Amendment
c. temporarily not comply with the reporting obligation.
deleted
Or. en
Amendment 1530
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 23 – paragraph 3 – point c
Text proposed by the Commission
Amendment
c. temporarily not comply with the reporting obligation.
deleted
Or. en
Amendment 1531
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 3 – point c
Text proposed by the Commission
Amendment
c. temporarily not comply with the reporting obligation.
deleted
Or. en
Amendment 1532
Estrella Galán
Proposal for a regulation
Article 23 – paragraph 3 – point c
Text proposed by the Commission
Amendment
c. temporarily not comply with the reporting obligation.
c. not comply with the reporting obligation.
Or. en
Amendment 1533
Mary Khan
Proposal for a regulation
Article 23 – paragraph 4
Text proposed by the Commission
Amendment
4. Decisions regarding the permissions listed in paragraph 3, first subparagraph, shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted.
4. Decisions regarding the permission listed in paragraph 3 shall be notified to the third-country national.
Or. en
Amendment 1534
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 4
Text proposed by the Commission
Amendment
4. Decisions regarding the permissions listed in paragraph 3, first subparagraph, shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted.
4. The third-country national shall be informed whether or not the permission in accordance with paragraph 3 is granted.
Or. en
Amendment 1535
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
Proposal for a regulation
Article 23 – paragraph 4
Text proposed by the Commission
Amendment
4. Decisions regarding the permissions listed in paragraph 3, first subparagraph, shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted.
4. Decisions regarding the permissions listed in paragraph 3, first subparagraph, shall be taken objectively and impartially on the merits of the individual case.
Or. en
Amendment 1536
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 23 – paragraph 4
Text proposed by the Commission
Amendment
4. Decisions regarding the permissions listed in paragraph 3, first subparagraph, shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted.
4. Decisions regarding the permissions listed in paragraph 3, first subparagraph, shall be taken objectively and impartially on the merits of the individual case and those reasons shall be given in writing if such permission is not granted.
Or. en
Amendment 1537
Mélissa Camara
Proposal for a regulation
Article 23 – paragraph 4
Text proposed by the Commission
Amendment
4. Decisions regarding the permissions listed in paragraph 3, first subparagraph, shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted.
4. Decisions regarding the permissions listed in paragraph 3, shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted.
Or. en
Amendment 1538
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 23 – paragraph 5
Text proposed by the Commission
Amendment
5. The third-country national shall not be required to request permission to attend appointments with authorities and courts if the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments.
5. The third-country national shall not be required to request permission pursuant to paragraph 3 to attend appointments with authorities and courts, where it would otherwise violated the obligation in paragraph 1 and where the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments in advance.
Or. en
Amendment 1539
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 5
Text proposed by the Commission
Amendment
5. The third-country national shall not be required to request permission to attend appointments with authorities and courts if the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments.
5. The third-country national shall not be required to request permission pursuant to paragraph 3 to attend appointments with authorities and courts, where it would otherwise have violated the obligations of paragraph 1, and where the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments in advance.
Or. en
Amendment 1540
Mélissa Camara
Proposal for a regulation
Article 23 – paragraph 5
Text proposed by the Commission
Amendment
5. The third-country national shall not be required to request permission to attend appointments with authorities and courts if the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments.
5. The third-country national shall not be required to request permission to attend appointments with authorities and courts if the attendance of that third-country national is necessary.
Or. en
Amendment 1541
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 23 – paragraph 5
Text proposed by the Commission
Amendment
5. The third-country national shall not be required to request permission to attend appointments with authorities and courts if the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments.
5. The third-country national shall not be required to request permission to attend appointments with authorities and courts if the attendance of that third-country national is necessary.
Or. en
Justification
It is not proportionate to make the returnee the agent of the state. The MS authorities need to communicate with each other regarding the obligations they place on the returnee.
Amendment 1542
Mélissa Camara
Proposal for a regulation
Article 23 – paragraph 6
Text proposed by the Commission
Amendment
6. The decisions taken in accordance with paragraph 1, points (b) and (c), shall be made in writing, be proportionate and take into account specific circumstances of the third-country national concerned.
6. The decisions taken in accordance with paragraph 1, points (a), (b) and (c), shall be made in writing, be proportionate and take into account specific circumstances of the third-country national concerned.
Or. en
Amendment 1543
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 23 – paragraph 6
Text proposed by the Commission
Amendment
6. The decisions taken in accordance with paragraph 1, points (b) and (c), shall be made in writing, be proportionate and take into account specific circumstances of the third-country national concerned.
6. The decisions taken in accordance with paragraph 1 shall be made in writing, be proportionate and take into account specific circumstances of the third-country national concerned.
Or. en
Justification
If any of the measures laid down in paragraph 1 are not made in writing to the returnee, it is not reasonable that the returnee is expected to comply with the measure.
Amendment 1544
Mary Khan
Proposal for a regulation
Article 23 – paragraph 6
Text proposed by the Commission
Amendment
6. The decisions taken in accordance with paragraph 1, points (b) and (c), shall be made in writing, be proportionate and take into account specific circumstances of the third-country national concerned.
6. The decisions taken in accordance with paragraph 1, points (b) and (c), shall be made in writing and take into account specific circumstances of the third-country national concerned.
Or. en
Amendment 1545
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 23 – paragraph 6 a (new)
Text proposed by the Commission
Amendment
6 a. The third-country national shall be informed of any decision to apply measures referred to in paragraph 1 of this Article and about the consequence of non-compliance with that decision, including detention under Article 29.
Or. en
Amendment 1546
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 23 – paragraph 6 a (new)
Text proposed by the Commission
Amendment
6 a. Nothing in this Regulation prohibits Member States from adopting measures in national law that the third country national has to comply with.
Or. en
Amendment 1547
Mélissa Camara
Proposal for a regulation
Article -24 (new)
Text proposed by the Commission
Amendment
Article -24
Right to be heard
Prior to the adoption of a return decision, Member States shall grant to third country nationals who are the subject of a return procedure the right to be heard, including on the detailed arrangements for the return.
Or. en
Amendment 1548
Mélissa Camara
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. Third-country nationals subject to the return procedure shall be informed without undue delay about the following:
1. Third-country nationals subject to the return procedure shall be informed at the latest upon the issuance of the return decision about the following:
Or. en
Amendment 1549
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. Third-country nationals subject to the return procedure shall be informed without undue delay about the following:
1. Returnees shall be informed as soon as possible about the following:
Or. en
Amendment 1550
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. Third-country nationals subject to the return procedure shall be informed without undue delay about the following:
1. Third-country nationals subject to the return procedure shall be informed about the following:
Or. en
Amendment 1551
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. Third-country nationals subject to the return procedure shall be informed without undue delay about the following:
1. Member States shall ensure that third-country nationals subject to return are informed about the following:
Or. en
Amendment 1552
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 24 – paragraph 1 – point a
Text proposed by the Commission
Amendment
a. the purpose, duration and steps of the return procedure as well as information on the available legal remedies and the time-limits to seek those remedies;
deleted
Or. en
Amendment 1553
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 24 – paragraph 1 – point a
Text proposed by the Commission
Amendment
a. the purpose, duration and steps of the return procedure as well as information on the available legal remedies and the time-limits to seek those remedies;
a. the purpose of the procedure;
Or. en
Amendment 1554
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Rasa Juknevičienė
Proposal for a regulation
Article 24 – paragraph 1 – point a
Text proposed by the Commission
Amendment
a. the purpose, duration and steps of the return procedure as well as information on the available legal remedies and the time-limits to seek those remedies;
a. the purpose, duration and steps of the return procedure;
Or. en
Amendment 1555
Mary Khan
Proposal for a regulation
Article 24 – paragraph 1 – point a
Text proposed by the Commission
Amendment
a. the purpose, duration and steps of the return procedure as well as information on the available legal remedies and the time-limits to seek those remedies;
a. the purpose, duration and steps of the return procedure;
Or. en
Amendment 1556
Mélissa Camara
Proposal for a regulation
Article 24 – paragraph 1 – point a
Text proposed by the Commission
Amendment
a. the purpose, duration and steps of the return procedure as well as information on the available legal remedies and the time-limits to seek those remedies;
a. the purpose, duration and steps of the return procedure as well as the time limits which the competent authorities must respect, including with regard to detention;
Or. en
Amendment 1557
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 24 – paragraph 1 – point a
Text proposed by the Commission
Amendment
a. the purpose, duration and steps of the return procedure as well as information on the available legal remedies and the time-limits to seek those remedies;
a. the purpose, duration and steps of the return procedure as well as information on the available legal remedies;
Or. en
Amendment 1558
Mélissa Camara
Proposal for a regulation
Article 24 – paragraph 1 – point a a (new)
Text proposed by the Commission
Amendment
a a. information on the available legal remedies and the time-limits to seek those remedies;
Or. en
Amendment 1559
Mélissa Camara
Proposal for a regulation
Article 24 – paragraph 1 – point b
Text proposed by the Commission
Amendment
b. the rights and obligations of third-country nationals during the return procedure as set out in Article 21 and Article 23, the consequences of non-compliance pursuant to Article 22, the existence of an alert on return on the person in the Schengen Information System and the recognition and enforcement of a return decision issued by another Member State in accordance with Article 9;
b. the rights and obligations of third-country nationals during the return procedure including the consequences of not complying with an obligation to return following a return decision;
Or. en
Amendment 1560
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 24 – paragraph 1 – point b
Text proposed by the Commission
Amendment
b. the rights and obligations of third-country nationals during the return procedure as set out in Article 21 and Article 23, the consequences of non-compliance pursuant to Article 22, the existence of an alert on return on the person in the Schengen Information System and the recognition and enforcement of a return decision issued by another Member State in accordance with Article 9;
b. the obligations on returnees during the return procedure as set out in Article 21 and Article 23, the possible consequences of non-compliance pursuant to Article 22, the existence of an alert on return on the person in the Schengen Information System and the recognition and possible enforcement of a return decision issued by another Member State in accordance with Article 9;
Or. en
Amendment 1561
Mary Khan
Proposal for a regulation
Article 24 – paragraph 1 – point b
Text proposed by the Commission
Amendment
b. the rights and obligations of third-country nationals during the return procedure as set out in Article 21 and Article 23, the consequences of non-compliance pursuant to Article 22, the existence of an alert on return on the person in the Schengen Information System and the recognition and enforcement of a return decision issued by another Member State in accordance with Article 9;
b. the obligations of third-country nationals during the return procedure as set out in Article 21 and Article 23, the consequences of non-compliance pursuant to Article 22, the existence of an alert on return on the person in the Schengen Information System and the recognition and enforcement of a return decision issued by another Member State in accordance with Article 9;
Or. en
Amendment 1562
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 24 – paragraph 1 – point b
Text proposed by the Commission
Amendment
b. the rights and obligations of third-country nationals during the return procedure as set out in Article 21 and Article 23, the consequences of non-compliance pursuant to Article 22, the existence of an alert on return on the person in the Schengen Information System and the recognition and enforcement of a return decision issued by another Member State in accordance with Article 9;
b. the obligations of third-country nationals as set out in Article 21 and Article 23, the consequences of non-compliance pursuant to Articles 22 and 29, paragraph 3, point e, the existence of an alert on return on the person in the Schengen Information System and the recognition and enforcement of a return decision issued by another Member State in accordance with Article 9;
Or. en
Amendment 1563
Mélissa Camara
Proposal for a regulation
Article 24 – paragraph 1 – point b a (new)
Text proposed by the Commission
Amendment
b a. the existence of an alert on return on the person in the Schengen Information System and the recognition and enforcement of a return decision issued by another Member State in accordance with Article 9, and the possibility to correct data;
Or. en
Amendment 1564
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 24 – paragraph 1 – point c
Text proposed by the Commission
Amendment
c. return and reintegration counselling and programmes pursuant to Article 46;
deleted
Or. en
Amendment 1565
Mary Khan
Proposal for a regulation
Article 24 – paragraph 1 – point c
Text proposed by the Commission
Amendment
c. return and reintegration counselling and programmes pursuant to Article 46;
c. return counselling and programmes pursuant to Article 46;
Or. en
Amendment 1566
Mélissa Camara
Proposal for a regulation
Article 24 – paragraph 1 – point d
Text proposed by the Commission
Amendment
d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law, in particular the right to legal assistance and representation pursuant Article 25.
d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law, in particular the right to legal assistance and representation pursuant to Article 25, the right to request the withdrawal, suspension or shortening of an entry ban pursuant to Article 11, and the right to request postponement of removal pursuant to Article 14;
Or. en
Amendment 1567
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 24 – paragraph 1 – point d
Text proposed by the Commission
Amendment
d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law, in particular the right to legal assistance and representation pursuant Article 25.
d. their procedural rights and obligations throughout the return procedure.
Or. en
Amendment 1568
Mary Khan
Proposal for a regulation
Article 24 – paragraph 1 – point d
Text proposed by the Commission
Amendment
d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law, in particular the right to legal assistance and representation pursuant Article 25.
d. their procedural rights and obligations throughout the return procedure.
Or. en
Amendment 1569
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 24 – paragraph 1 – point d
Text proposed by the Commission
Amendment
d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law, in particular the right to legal assistance and representation pursuant Article 25.
d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law.
Or. en
Amendment 1570
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 24 – paragraph 1 – point d
Text proposed by the Commission
Amendment
d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law, in particular the right to legal assistance and representation pursuant Article 25.
d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law.
Or. en
Amendment 1571
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
Proposal for a regulation
Article 24 – paragraph 1 – point d
Text proposed by the Commission
Amendment
d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law, in particular the right to legal assistance and representation pursuant Article 25.
d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law, including the right to legal assistance and representation pursuant Article 25.
Or. en
Amendment 1572
Jan-Christoph Oetjen, Irena Joveva, Abir Al-Sahlani
Proposal for a regulation
Article 24 – paragraph 1 – point d a (new)
Text proposed by the Commission
Amendment
d a. the fact that their return will be through an EU-run facility outside of the Union, specifying their procedural rights during the return process to and from, as well as their stay in such facilities under Article 17(2), point (a).
Or. en
Amendment 1573
Mélissa Camara
Proposal for a regulation
Article 24 – paragraph 1 – point d a (new)
Text proposed by the Commission
Amendment
d a. the rights conferred on data subjects by the applicable Union data protection law, in particular Regulation (EU) 2016/679 and Regulation (EU) 2018/1725.
Or. en
Amendment 1574
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 24 – paragraph 1 – point d a (new)
Text proposed by the Commission
Amendment
d a. the rights that are conferred on them as data subjects pursuant to the applicable Union data protection law.
Or. en
Justification
As recommended by the EDPS.
Amendment 1575
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
2. The information provided shall be given in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2).
Or. en
Amendment 1576
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
2. 2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information may be provided by means of standard information sheets, either in paper or in electronic form. In the case of unaccompanied children, the information shall be provided in an age-appropriate manner.
Or. en
Amendment 1577
Charlie Weimers, Alessandro Ciriani, Assita Kanko
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
2. The information provided shall be given in a language which the third-country national understands or is reasonably presumed to understand. The information may be provided by means of standard information sheets, either on paper or in electronic format, and, where necessary, orally, using translation and interpretation services. In the case of unaccompanied minors, the information shall be provided in an age-appropriate manner with the involvement of the representative or the person designated to assist the minor referred to in Article 20(2).
Or. en
Amendment 1578
Ana Miguel Pedro
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
2. The information provided shall be given in a language which the third-country national understands or is reasonably presumed to understand. The information may be provided by means of standard information sheets, either on paper or in electronic format, and, where necessary, orally, using translation and interpretation services. In the case of unaccompanied minors, the information shall be provided in an age-appropriate manner with the involvement of the representative or the person designated to assist the minor referred to in Article 20(2).
Or. en
Amendment 1579
Mélissa Camara
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
2. The information provided shall be given without undue delay and at the latest upon the issuance of the return decision, in simple and accessible language and in a language which the third-country national understands including through written or oral translation and interpretation upon request. That information shall be provided orally by trained personnel and by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). Member States shall ensure that the third-country national receives tailored information that enables the person to be well-informed about the rights and obligations in the procedure.
Or. en
Amendment 1580
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably preasumed to understand. The information may be provided by means of standard information sheets, either in paper or in electronic format, and, where necessary, orally, using translation and interpretation services. In the case of unaccompanied minors, the information shall be provided in an age-appropriate manner with the involvement of the representative or the person designated to assist the minor.
Or. en
Amendment 1581
Nadine Morano
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
Or. fr
Amendment 1582
Mary Khan
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
2. The information provided shall be given without undue delay in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. Member States may use artificial intelligence for this purpose. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of unaccompanied minors, the information shall be provided in an age-appropriate manner and if avaliable, with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2).
Or. en
Amendment 1583
Cecilia Strada, Marco Tarquinio, Alessandro Zan
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
Or. en
Amendment 1584
Estrella Galán
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
Or. en
Amendment 1585
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
2. The information provided shall be given as soon as possible in writing in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through oral interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). The third-country national shall be given the opportunity to confirm that he or she has received the information.
Or. en
Justification
This information must be given in writing. If additional interpretation is required then this should be provided. As this information is crucial for the returnee to understand the process, it should be done as soon as possible.
Amendment 1586
Mélissa Camara
Proposal for a regulation
Article 25 – paragraph -1 (new)
Text proposed by the Commission
Amendment
-1. The third-country national concerned shall have the right to obtain legal advice, representation and, where necessary, linguistic assistance at all stages of the return procedure.
Or. en
Amendment 1587
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 25 – paragraph 1
Text proposed by the Commission
Amendment
1. In the case of an appeal or a review before a judicial authority in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that free legal assistance and representation is made available as necessary to ensure the right to an effective remedy and fair trial.
1. In the case of an appeal or a review before a judicial authority, where legal assistance or representation is required under national law, or is requested by the third-country national, such assistance or representation shall, as a matter of priority, be financed or provided by the third-country national’s country of origin, including through consular services or through accredited legal professionals appointed or funded by that country.
Or. en
Amendment 1588
Mélissa Camara
Proposal for a regulation
Article 25 – paragraph 1
Text proposed by the Commission
Amendment
1. In the case of an appeal or a review before a judicial authority in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that free legal assistance and representation is made available as necessary to ensure the right to an effective remedy and fair trial.
1. Member States shall ensure that free legal assistance and representation is made available to ensure the right to an effective remedy and fair trial.
Or. en
Amendment 1589
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
Proposal for a regulation
Article 25 – paragraph 1
Text proposed by the Commission
Amendment
1. In the case of an appeal or a review before a judicial authority in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that free legal assistance and representation is made available as necessary to ensure the right to an effective remedy and fair trial.
1. In the case of an appeal or a review before a judicial or administrative authority, including in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that free legal assistance and representation is made available as necessary to ensure the right to an effective remedy and fair trial.
Or. en
Amendment 1590
Mary Khan
Proposal for a regulation
Article 25 – paragraph 1
Text proposed by the Commission
Amendment
1. In the case of an appeal or a review before a judicial authority in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that free legal assistance and representation is made available as necessary to ensure the right to an effective remedy and fair trial.
1. In the case of an appeal or a review before a judicial authority in accordance with Article 27, Member States shall in accordance with national law, at the request of the third-country national, ensure that legal assistance and representation is made available.
Or. en
Amendment 1591
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 25 – paragraph 1
Text proposed by the Commission
Amendment
1. In the case of an appeal or a review before a judicial authority in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that free legal assistance and representation is made available as necessary to ensure the right to an effective remedy and fair trial.
1. In the case of an appeal or a review before a judicial authority in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that the third-country national has access to the necessary legal assistance to ensure the right to an effective remedy and fair trial.
Or. en
Amendment 1592
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 25 – paragraph 1
Text proposed by the Commission
Amendment
1. In the case of an appeal or a review before a judicial authority in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that free legal assistance and representation is made available as necessary to ensure the right to an effective remedy and fair trial.
1. In the case of an appeal or a review before a judicial authority, at the request of the third-country national, free legal assistance and representation provided by consular services of citizenhip or origin country of the third-country national is allowed in the procedure.
Or. en
Amendment 1593
Estrella Galán
Proposal for a regulation
Article 25 – paragraph 1
Text proposed by the Commission
Amendment
1. In the case of an appeal or a review before a judicial authority in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that free legal assistance and representation is made available as necessary to ensure the right to an effective remedy and fair trial.
1. During all the stages of the return procedure and the appeal or a review before a judicial authority in accordance with Article 27, Member States shall ensure that free legal assistance and representation is made available without any delay to ensure the right to an effective remedy and fair trial.
Or. en
Amendment 1594
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1 a. Member States may subject free legal assistance and representation to conditions outlined in national law.
Or. en
Amendment 1595
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 25 – paragraph 2
Text proposed by the Commission
Amendment
2. Unaccompanied minors shall automatically be provided with free legal assistance and representation.
2. The competent authorities shall ensure that unaccompanied minors are represented and assisted in such a way so as to enable them to benefit from the rights and comply with the obligations under this Regulation. Where representation or assistance is required under national law, or is requested on behalf of the unaccompanied minor, such representation or assistance shall, as a matter of priority, be financed or provided by the third-country national’s country of origin, including through consular services or through accredited legal professionals appointed or funded by that country.
Or. en
Amendment 1596
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 25 – paragraph 2
Text proposed by the Commission
Amendment
2. Unaccompanied minors shall automatically be provided with free legal assistance and representation.
2. Unaccompanied minors represented by legal guardians or consular services shall be provided with free legal assistance and representation offered by consular services of their citizenship or origin countries. Member State may provide free legal assistance to an accompanied minor according to national law.
Or. en
Amendment 1597
Nadine Morano
Proposal for a regulation
Article 25 – paragraph 2
Text proposed by the Commission
Amendment
2. Unaccompanied minors shall automatically be provided with free legal assistance and representation.
2. Unaccompanied minors shall automatically be provided with free legal assistance and representation, subject to the exceptions referred to in paragraph 5.
Or. fr
Amendment 1598
Estrella Galán
Proposal for a regulation
Article 25 – paragraph 2
Text proposed by the Commission
Amendment
2. Unaccompanied minors shall automatically be provided with free legal assistance and representation.
2. Every person shall automatically be provided with free legal assistance and representation without condition or delay.
Or. en
Amendment 1599
Cecilia Strada, Marco Tarquinio, Alessandro Zan
Proposal for a regulation
Article 25 – paragraph 2
Text proposed by the Commission
Amendment
2. Unaccompanied minors shall automatically be provided with free legal assistance and representation.
2. Vulnerable persons shall automatically be provided with free legal assistance and representation.
Or. en
Amendment 1600
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
Proposal for a regulation
Article 25 – paragraph 3
Text proposed by the Commission
Amendment
3. The legal assistance and representation shall consist of the preparation of the appeal or request for review, including, at least, the preparation of the procedural documents required under national law and, in the event of a hearing, participation in that hearing before a judicial authority to ensure the effective exercise of the right of defence. Such assistance shall not affect any assistance provided for under Regulation (EU) 2024/1348.
deleted
Or. en
Amendment 1601
Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 25 – paragraph 3
Text proposed by the Commission
Amendment
3. The legal assistance and representation shall consist of the preparation of the appeal or request for review, including, at least, the preparation of the procedural documents required under national law and, in the event of a hearing, participation in that hearing before a judicial authority to ensure the effective exercise of the right of defence. Such assistance shall not affect any assistance provided for under Regulation (EU) 2024/1348.
deleted
Or. en
Amendment 1602
Mary Khan
Proposal for a regulation
Article 25 – paragraph 3
Text proposed by the Commission
Amendment
3. The legal assistance and representation shall consist of the preparation of the appeal or request for review, including, at least, the preparation of the procedural documents required under national law and, in the event of a hearing, participation in that hearing before a judicial authority to ensure the effective exercise of the right of defence. Such assistance shall not affect any assistance provided for under Regulation (EU) 2024/1348.
deleted
Or. en
Amendment 1603
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
Proposal for a regulation
Article 25 – paragraph 3
Text proposed by the Commission
Amendment
3. The legal assistance and representation shall consist of the preparation of the appeal or request for review, including, at least, the preparation of the procedural documents required under national law and, in the event of a hearing, participation in that hearing before a judicial authority to ensure the effective exercise of the right of defence. Such assistance shall not affect any assistance provided for under Regulation (EU) 2024/1348.
deleted
Or. en
Amendment 1604
Marieke Ehlers
on behalf of the PfE Group
Proposal for a regulation
Article 25 – paragraph 3
Text proposed by the Commission
Amendment
3. The legal assistance and representation shall consist of the preparation of the appeal or request for review, including, at least, the preparation of the procedural documents required under national law and, in the event of a hearing, participation in that hearing before a judicial authority to ensure the effective exercise of the right of defence. Such assistance shall not affect any assistance provided for under Regulation (EU) 2024/1348.
deleted
Or. en
Amendment 1605
Mélissa Camara
Proposal for a regulation
Article 25 – paragraph 3
Text proposed by the Commission
Amendment
3. The legal assistance and representation shall consist of the preparation of the appeal or request for review, including, at least, the preparation of the procedural documents required under national law and, in the event of a hearing, participation in that hearing before a judicial authority to ensure the effective exercise of the right of defence. Such assistance shall not affect any assistance provided for under Regulation (EU) 2024/1348.
3. In the case of an appeal or a review before a judicial authority, the legal assistance and representation shall consist of the preparation of the appeal or request for review, including, at least, the preparation of the procedural documents required under national law and, in the event of a hearing, participation in that hearing before a judicial authority to ensure the effective exercise of the right of defence. Such assistance shall not affect any assistance provided for under Regulation (EU) 2024/1348.
Or. en