Sittings · Document

Draft report (COM(2025)0101 – 2025/0059(COD)) 2025-12-01

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

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AM_Com_LegReport

Amendment 2016

Estrella Galán

Proposal for a regulation

Article 33 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Where detention has been ordered or extended by administrative authorities, Member States shall ensure that all relevant facts, evidence and observations submitted during the proceedings are subject to judicial review, by providing that:

3. Member States shall ensure that:

Or. en

Amendment 2017

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 33 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Where detention has been ordered or extended by administrative authorities, Member States shall:

Or. en

Amendment 2018

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 33 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Member States shall put in place effective and prompt procedures, established in national law, to ensure a swift judicial review of the lawfulness of detention ordered by an administrative authority. These procedures shall, at a minimum, prescribe a reasonable time limit for such a review to be concluded.

Or. en

Amendment 2019

Mélissa Camara

Proposal for a regulation

Article 33 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Where detention or alternatives to detention have been ordered or extended by administrative authorities, Member States shall ensure that all relevant facts, evidence and observations submitted during the proceedings are subject to judicial review, by providing that:

Or. en

Amendment 2020

Mary Khan

Proposal for a regulation

Article 33 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Where detention has been ordered by administrative authorities, Member States shall ensure that all relevant facts, evidence and observations submitted during the proceedings are subject to judicial review, by providing that:

Or. en

Amendment 2021

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel

Proposal for a regulation

Article 33 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Where detention is ordered by administrative authorities, Member States shall provide for a speedy judicial review of the lawfulness of detention to be conducted ex officio or upon the request of the applicant, or both.

Or. en

Justification

This is the language used under RCD for the detention of applicants for international protection. To provide a consistent and more easily applicable set of rules, they should be the same for returnees.

Amendment 2022

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 33 – paragraph 3 – point a

Text proposed by the Commission

Amendment

a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or

deleted

Or. en

Justification

Addressed in the amendments below.

Amendment 2023

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 33 – paragraph 3 – point a

Text proposed by the Commission

Amendment

a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or

deleted

Or. en

Amendment 2024

Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska

Proposal for a regulation

Article 33 – paragraph 3 – point a

Text proposed by the Commission

Amendment

a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or

deleted

Or. en

Amendment 2025

Mélissa Camara

Proposal for a regulation

Article 33 – paragraph 3 – point a

Text proposed by the Commission

Amendment

a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or

a. any judicial review of the lawfulness of detention or alternatives to detention be concluded as speedily as possible after the beginning of the detention or the application of the alternative measures, and no later than 15 days thereafter; or

Or. en

Amendment 2026

Estrella Galán

Proposal for a regulation

Article 33 – paragraph 3 – point a

Text proposed by the Commission

Amendment

a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or

a. any judicial review of the lawfulness of detention and alternatives to detention be concluded as speedily as possible after the beginning of the detention or the application of alternative measures;

Or. en

Amendment 2027

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 33 – paragraph 3 – point a

Text proposed by the Commission

Amendment

a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or

a. provide for a judicial review of the lawfulness of detention to be decided on as speedily as possible within a period that is laid down in national law after the beginning of the detention; or

Or. en

Amendment 2028

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 33 – paragraph 3 – point a

Text proposed by the Commission

Amendment

a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or

a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention; or

Or. en

Amendment 2029

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 33 – paragraph 3 – point b

Text proposed by the Commission

Amendment

b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings.

deleted

Or. en

Amendment 2030

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 33 – paragraph 3 – point b

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

Addressed in the amendment below.

Amendment 2031

Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska

Proposal for a regulation

Article 33 – paragraph 3 – point b

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2032

Mary Khan

Proposal for a regulation

Article 33 – paragraph 3 – point b

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2033

Mélissa Camara

Proposal for a regulation

Article 33 – paragraph 3 – point b

Text proposed by the Commission

Amendment

b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention or the alternative measures is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. In such cases Member States shall immediately upon detention or application of alternative measures inform the third-country national concerned about the possibility of initiating such proceedings.

Or. en

Amendment 2034

Estrella Galán

Proposal for a regulation

Article 33 – paragraph 3 – point b

Text proposed by the Commission

Amendment

b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention or alternatives to detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings. In such cases Member States shall immediately upon detention or application of alternative measures inform the third-country national concerned about the possibility of initiating such proceedings.

Or. en

Amendment 2035

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 33 – paragraph 3 – point b

Text proposed by the Commission

Amendment

b. grant the third-country national concerned the right to initiate proceedings by means of which the lawfulness of detention shall be subject to judicial review to be decided on as speedily as possible within a period that is laid down in national law after the launch of the relevant proceedings. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings.

Or. en

Amendment 2036

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 33 – paragraph 3 – point b

Text proposed by the Commission

Amendment

b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. Member States shall inform detained third-country nationals of their right to judicial review in a timely manner, using practical means suited to the situation.

Or. en

Amendment 2037

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 33 – paragraph 3 – point b a (new)

Text proposed by the Commission

Amendment

b a. For third-country nationals identified as posing a security risk pursuant to Article 16, Member States may apply enhanced review procedures, including stricter supervision or more frequent judicial assessment, to ensure that detention and return measures adequately manage the risk.

Or. en

Amendment 2038

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. When conducted ex officio, such review shall be concluded as speedily as possible, taking into account the circumstances of each case, and no later than 15 days or, in exceptional situations, no later than 21 days from the beginning of detention.

Or. en

Amendment 2039

Estrella Galán

Proposal for a regulation

Article 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The third-country national concerned shall be released immediately and all alternatives to detention shall cease to apply if the detention is found to be not or no longer lawful.

Or. en

Amendment 2040

Mélissa Camara

Proposal for a regulation

Article 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The third-country national concerned shall be released immediately and all alternatives to detention shall cease to apply if the detention is found to be not or no longer lawful.

Or. en

Amendment 2041

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 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States may extend the period for judicial review in exceptional circumstances affecting administrative or judicial capacity, as per Article 47.

Or. en

Amendment 2042

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 33 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. When conducted upon the request of the returnee, an appeal shall be concluded as speedily as possible, taking into account the circumstances of each case, and no later than 15 days or, in exceptional situations, no later than 21 days from the launch of the relevant proceedings.

Or. en

Amendment 2043

Ana Miguel Pedro

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

1. Detention shall take place, as a rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners.

1. Detention shall generally take place in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall, when possible, be kept separated from ordinary prisoners.

Detention facilities should operate under internal rules and procedures that ensure the safe, orderly, and secure management of the facility. This should include appropriate levels of staff supervision, effective monitoring where necessary, and measures to prevent violence, sexual abuse, harassment, self-harm, and other incidents that may endanger detainees or staff. Facilities should conduct regular internal inspections to maintain security, detect prohibited items, ensure sanitary conditions, and address risks to safety or public order. Temporary holding areas, understood as secure rooms used for short periods during intake, transfer or initial processing, should allow for continuous observation by staff and provide basic conditions of safety and hygiene, including access to drinking water and essential sanitary facilities.

Or. en

Amendment 2044

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 34 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 2045

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

1. Detention shall take place, as a rule, in specialised facilities, adapted where appropriate to the needs of vulnerable returnees, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners and housed in conditions appropriate to their status and needs.

Or. en

Amendment 2046

Estrella Galán

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

1. Detention shall take place, as a rule, in specialised facilities, including those adapted to meet the gender-specific, age-appropriate, and vulnerability-related reception needs of detained third-country nationals.

Or. en

Amendment 2047

Nadine Morano

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

Or. fr

Amendment 2048

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

1. Detention shall take place, as a general rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners.

Or. en

Amendment 2049

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 2050

Mélissa Camara

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

1. Detention shall take place in specialised facilities, including those adapted to meet the gender-specific and age-appropriate needs of detained third-country nationals. Member States ensure that the restriction of freedom is the least intrusive as possible and corresponds to the nature of administrative detention.

Or. en

Amendment 2051

François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Ana Miguel Pedro, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler

Proposal for a regulation

Article 34 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Third-country nationals identified as posing a security risk pursuant to Article 16 may be placed in enhanced security arrangements within detention facilities, including stricter separation measures or increased supervision, for the duration necessary to manage the risk and facilitate their return.

Or. en

Amendment 2052

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 34 – paragraph 2

Text proposed by the Commission

Amendment

2. Detained third-country nationals shall have access to open-air space.

2. Detained third-country nationals shall have access to open-air space. Access to open-air space may be restricted for a limited period of time, if necessary and proportionate to ensure a well functioning detention facility.

Or. en

Amendment 2053

Mélissa Camara

Proposal for a regulation

Article 34 – paragraph 3

Text proposed by the Commission

Amendment

3. Third-country nationals in detention shall be allowed, on request, to establish in due time contact with legal representatives, family members and competent consular authorities.

3. Third-country nationals in detention shall be allowed to establish contact with legal representatives, family members and competent consular authorities without undue delay. Applicants for international protection shall be granted the right to contact the Office of the United Nations High Commissioner for Refugees. This shall include the right to contact an organization which is working on the territory of the Member State concerned on behalf of the United Nations High Commissioner for Refugees pursuant to an agreement with that Member State.

Or. en

Amendment 2054

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 34 – paragraph 3

Text proposed by the Commission

Amendment

3. Third-country nationals in detention shall be allowed, on request, to establish in due time contact with legal representatives, family members and competent consular authorities.

3. Third-country nationals in detention shall be allowed, on request, to establish in due time contact with legal representatives, family members and competent consular authorities, subject to practical arrangements and security considerations.

Or. en

Amendment 2055

Estrella Galán

Proposal for a regulation

Article 34 – paragraph 3

Text proposed by the Commission

Amendment

3. Third-country nationals in detention shall be allowed, on request, to establish in due time contact with legal representatives, family members and competent consular authorities.

3. Third-country nationals in detention shall be allowed to contact with legal representatives, representatives of international and non-governmental organisations, family members and competent consular authorities.

Or. en

Amendment 2056

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 34 – paragraph 3

Text proposed by the Commission

Amendment

3. Third-country nationals in detention shall be allowed, on request, to establish in due time contact with legal representatives, family members and competent consular authorities.

3. Third-country nationals in detention shall be allowed to establish, as soon as possible, contact with legal representatives, family members and competent consular authorities.

Or. en

Justification

Contact with legal representatives and family members cannot be a matter of 'due time'. It is a returnee's right to have legal advice and to challenge the decision to detain her/him.

Amendment 2057

Mélissa Camara

Proposal for a regulation

Article 34 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The competent authority managing the facility shall provide detained third-country nationals with information about their right to request contact with legal representatives. Such information should be displayed in various parts of the facility in languages that detained third-country nationals understand.

Or. en

Amendment 2058

Estrella Galán

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

4. Particular attention shall be paid to, and special accommodation provided for, the special needs of detained vulnerable persons. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals.

4. Particular attention shall be paid to, and special accommodation provided for, the gender-specific, age-related, medical, psychological, and protection needs of detained vulnerable persons. Before ordering their detention, the special needs of the third-country national shall be assessed by qualified personnel to identify such vulnerabilities. Health care and essential treatment of illness shall be provided to detained third-country nationals including mental health, sexual and reproductive health services, social services and treatment for chronic illnesses.

Or. en

Amendment 2059

Mélissa Camara

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

4. Particular attention shall be paid to, and special accommodation provided for, the gender specific, age-related, medical, psychological, and protection needs of detained persons. Emergency health care and essential treatment of illness, including access to sexual and reproductive health services, mental health care, and hygiene products appropriate to sex and age, shall be provided to detained third-country nationals.

Or. en

Amendment 2060

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

4. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals.

Or. en

Amendment 2061

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

4. Particular attention shall be paid to the special needs of detained vulnerable persons. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals.

Or. en

Amendment 2062

Mary Khan

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 2063

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 34 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Particular attention shall be paid to, and special accommodation provided for, the special needs of detained vulnerable persons.

Or. en

Justification

See RCD Article 13(1)

Amendment 2064

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 34 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4b. Where the detention of vulnerable returnees with special reception needs would put their physical and mental health at serious risk, those returnees shall not be detained.

Or. en

Justification

Alignment with RCD.

Amendment 2065

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 34 – paragraph 4 c (new)

Text proposed by the Commission

Amendment

4c. Where returnees with special reception needs are detained, Member States shall ensure regular monitoring of, and the provision of timely and adequate support to, those returnees, taking into account their particular situation, including their physical and mental health.

Or. en

Justification

Alignment with RCD.

Amendment 2066

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 34 – paragraph 5

Text proposed by the Commission

Amendment

5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation.

5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies should, at the request of the third-country national, have the possibility to visit the detention facility. Such visits may be subject to authorisation and other appropriate conditions, including prior issuance of an appropriate security clearance issued by a competent authority in accordance with national law. Member States may impose limits to such access by virtue of national law where such limits are objectively necessary for the security, public order or administrative management of the facility.

Or. en

Amendment 2067

Mélissa Camara

Proposal for a regulation

Article 34 – paragraph 5

Text proposed by the Commission

Amendment

5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation.

Or. en

Amendment 2068

Estrella Galán

Proposal for a regulation

Article 34 – paragraph 5

Text proposed by the Commission

Amendment

5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation.

5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies, as well as journalists and members of national and European parliaments, shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Unannounced visits shall be made possible.

Or. en

Amendment 2069

Mary Khan

Proposal for a regulation

Article 34 – paragraph 5

Text proposed by the Commission

Amendment

5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation.

5. 5. Legal representatives, family members, competent consular authorities and relevant and competent national and international organisations and bodies may have the possibility to visit any detention facility and communicate with the third-country nationals upon request by the third-country national. Such visits may shall be subject to security clearance and authorisation in accordance with national law.

Or. en

Amendment 2070

Milan Uhrík

Proposal for a regulation

Article 34 – paragraph 5

Text proposed by the Commission

Amendment

5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation.

5. Legal representatives, family members, competent consular authorities and relevant and competent national organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation.

Or. en

Amendment 2071

Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska

Proposal for a regulation

Article 34 – paragraph 5

Text proposed by the Commission

Amendment

5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation.

Or. en

Amendment 2072

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 34 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. The possibility referred to in paragraph 5 shall be granted at the request of the third-country national. Visits may be subject to other appropriate conditions, including the prior authorisation, issuance of an appropriate security clearance by a competent authority in accordance with national law. Member States may impose limits on such access where such limits are provided for by national law and are objectively necessary for the security, public order or administrative management of the facility.

Or. en

Amendment 2073

Nadine Morano

Proposal for a regulation

Article 34 – paragraph 6

Text proposed by the Commission

Amendment

6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in plain intelligible language and in a language they understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5.

6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in plain intelligible language and in a language they understand or that they can be reasonably expected to understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5.

Or. fr

Amendment 2074

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 34 – paragraph 6

Text proposed by the Commission

Amendment

6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in plain intelligible language and in a language they understand, or that they are supposed to understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5.

Or. en

Amendment 2075

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 34 – paragraph 6

Text proposed by the Commission

Amendment

6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in in a language they understand or may be presumed to understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5.

Or. en

Amendment 2076

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 34 – paragraph 6

Text proposed by the Commission

Amendment

6. Third-country nationals kept in detention shall be provided with information which explains the rules applied in the facility and sets out their rights and obligations in a language they understand or may reasonably be presumed to understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5.

Or. en

Amendment 2077

Mary Khan

Proposal for a regulation

Article 34 – paragraph 6

Text proposed by the Commission

Amendment

6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their obligations in a language they understand or are presumed to reasonably understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraph 3.

Or. en

Amendment 2078

Mélissa Camara

Proposal for a regulation

Article 34 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

6a. Detained persons shall have the right to file complaints on any issue relating to the conditions of their detention to a competent and independent authority. Member States shall ensure complaints are effectively investigated and resolved without undue delay.

Or. en

Amendment 2079

Estrella Galán

Proposal for a regulation

Article 34 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

6a. Detained persons shall have the right to file complaints on any issue relating to the conditions of their detention to a competent authority. Member States shall ensure that complaints are effectively investigated and resolved without undue delay.

Or. en

Amendment 2080

Cecilia Strada, Marco Tarquinio, Alessandro Zan

Proposal for a regulation

Article 35

Text proposed by the Commission

Amendment

Article 35

deleted

Conditions for detention of minors and families

2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure.

3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education in the format most appropriate to the length of their detention.

Or. en

Amendment 2081

Irena Joveva

Proposal for a regulation

Article 35 – title

Text proposed by the Commission

Amendment

Conditions for detention of minors and families

Derogation to detention for minors, families with minors, and vulnerable persons

Or. en

Amendment 2082

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 35 – title

Text proposed by the Commission

Amendment

Conditions for detention of minors and families

Conditions for detention of unaccompanied children and families with children

Or. en

Amendment 2083

Mélissa Camara

Proposal for a regulation

Article 35 – title

Text proposed by the Commission

Amendment

Conditions for detention of minors and families

Prohibition of detention of minors and families

Or. en

Amendment 2084

Estrella Galán

Proposal for a regulation

Article 35 – title

Text proposed by the Commission

Amendment

Conditions for detention of minors and families

Prohibition of detention of minors and families

Or. en

Amendment 2085

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 35 – title

Text proposed by the Commission

Amendment

Conditions for detention of minors and families

Minors and families

Or. en

Amendment 2086

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 35 – paragraph -1 (new)

Text proposed by the Commission

Amendment

-1. Minors shall not be detained. Adequate alternatives to detention shall be used for families with minors in accordance with the principle of family unity.

Or. en

Justification

Alignment with RCD.

Amendment 2087

Mary Khan

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. Return and removals for unaccompanied minors and families with minors should be prioritised to minimalise their detention period.

Or. en

Amendment 2088

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

1. In exceptional circumstances, as a measure of last resort and , after an assessment of the best interests of the child, and after it has been established that other less coercive alternative measures cannot be applied effectively, in accordance with Article 26, minors may be detained:

Or. en

Justification

Alignment with RCD.

Amendment 2089

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 35 – paragraph 1

Text proposed by the Commission

Amendment

1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child, while ensuring that detention conditions guarantee safety and prevent absconding.

Or. en

Amendment 2090

Estrella Galán

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

1. Unaccompanied minors and families with minors shall not be detained. Instead, provisions of Article 23 should apply.

Or. en

Amendment 2091

Mélissa Camara

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

1. Unaccompanied minors and families with minors shall not be detained for reasons related to their own or their parents’ immigration status.

Or. en

Amendment 2092

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

1. Unaccompanied children and families with children shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child.

Or. en

Amendment 2093

Irena Joveva

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

1. Minors, families with minors, and vulnerable persons shall not be detained but accommodated in specialised facilities that meet their specific needs and taking into account the best interests of the child.

Or. en

Amendment 2094

Nadine Morano

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

1. Where unaccompanied minors and families with minors are detained, they shall only be detained for the shortest appropriate period of time and taking into account the best interests of the child.

Or. fr

Amendment 2095

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 35 – paragraph 1 – point a (new)

Text proposed by the Commission

Amendment

(a) in the case of accompanied minors, where the minor’s parent or primary care-giver is detained; or

Or. en

Justification

Alignment with RCD.

Amendment 2096

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 35 – paragraph 1 – point b (new)

Text proposed by the Commission

Amendment

(b) in the case of unaccompanied minors, where detention safeguards the minor. Such detention shall be for the shortest possible period of time. Minors shall never be detained in prison or another facility used for law enforcement purposes. All efforts shall be made to release minors from detention and place them in accommodation suitable for minors. The best interests of the child, as referred to in Article 18, shall be a primary consideration for Member States.

Or. en

Justification

Alignment with RCD.

Amendment 2097

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 35 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Where unaccompanied minors are detained, they shall be accommodated in facilities adapted to the housing of unaccompanied minors. Such facilities shall be provided with staff qualified to safeguard the rights of unaccompanied minors and attend to their needs. Where unaccompanied minors are detained, Member States shall ensure that they are accommodated separately from adults.

Or. en

Justification

For all amendments to this Article, see RCD 13(2), (3) and (4). For legislative consistency and to ensure the appropriate safeguards for children in a return procedure, these provisions must be aligned.

Amendment 2098

Estrella Galán

Proposal for a regulation

Article 35 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member States shall respect the principle of family unity and shall not separate children from their parents unless strictly required by the child’s best interests. Appropriate care and accommodation arrangements shall ensure that families can stay together within the community and that children have access to education, health care and other essential services.

Or. en

Amendment 2099

Estrella Galán

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2100

Mélissa Camara

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2101

Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy and living conditions in line with national law.

Or. en

Amendment 2102

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

2. Unaccompanied minors and families with minors shall during the detention period be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of minors and of their age.

Or. en

Amendment 2103

Ana Miguel Pedro

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 2104

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

2. Families and unaccompanied children detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of children of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure.

Or. en

Amendment 2105

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

2. Families and minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure.

Or. en

Amendment 2106

Irena Joveva

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

2. Families, unaccompanied minors, and vulnerable persons shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure.

Or. en

Amendment 2107

Estrella Galán

Proposal for a regulation

Article 35 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2108

Mélissa Camara

Proposal for a regulation

Article 35 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2109

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 35 – paragraph 3

Text proposed by the Commission

Amendment

3. Children in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education in the format most appropriate to the length of their detention.

Or. en

Amendment 2110

Irena Joveva

Proposal for a regulation

Article 35 – paragraph 3

Text proposed by the Commission

Amendment

3. Minors accommodated in specialised facilities shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education in the format most appropriate.

Or. en

Amendment 2111

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 35 – paragraph 3

Text proposed by the Commission

Amendment

3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to educational activities depending on the length of their detention.

Or. en

Amendment 2112

Mary Khan

Proposal for a regulation

Article 36 – title

Text proposed by the Commission

Amendment

Readmission procedure

Readmission procedure and consequences for non-compliance

Or. en

Amendment 2113

Estrella Galán

Proposal for a regulation

Article 36 – title

Text proposed by the Commission

Amendment

Readmission procedure

Readmission procedure for voluntary return

Or. en

Amendment 2114

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1. Upon issuance of an enforceable return decision and notwithstanding Article 28, competent authorities, with the support of Frontex where applicable, shall systematically and without undue delay initiate the readmission procedure.

1. After issuing a return, competent authorities, where relevant with the support of Frontex where requested, shall initiate the readmission procedure. They shall in particular verify the identity of the third-country national, and ensure that the third-country national has the necessary travel document(s).

Or. en

Amendment 2115

Estrella Galán

Proposal for a regulation

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1. Upon acceptance of voluntary return, competent authorities shall initiate the readmission procedure.

Or. en

Amendment 2116

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1. Once the period for accepting a return decision, pursuant to Article 12, paragraph 2, has expired and where a return decision has not been suspended in accordance with Article 28, competent authorities, with the support of Frontex where applicable, shall without undue delay initiate a readmission procedure.

Or. en

Amendment 2117

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1. After issuing a return decision, competent authorities shall where relevant, with the support of Frontex where relevant, initiate readmission, in particular where it is necessary to establish or verify the identity or nationality of the person concerned or obtain travel documents enabling him or her to return.

Or. en

Amendment 2118

Mary Khan

Proposal for a regulation

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1. Upon issuance of a return decision competent authorities, with the support of Frontex where applicable, shall systematically and without undue delay initiate the readmission procedure.

Or. en

Amendment 2119

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 36 – paragraph 1

Text proposed by the Commission

Amendment

1. Upon issuance of an enforceable return decision, the competent authorities, shall, where relevant and necessary, initiate the readmission procedure for the purpose of implementing a return decision.

Or. en

Amendment 2120

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 36 – paragraph 2

Text proposed by the Commission

Amendment

2. When a travel document needs to be obtained from the third country authorities, the competent authorities shall submit a readmission application. Such readmission application shall include, as relevant, a request for confirmation of nationality and a request for issuance of travel document. Readmission applications shall be submitted without delay and where possible using a standard form pursuant to paragraph 6.

deleted

Or. en

Amendment 2121

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 36 – paragraph 2

Text proposed by the Commission

Amendment

2. When a travel document needs to be obtained from the third country authorities, the competent authorities shall submit a readmission application, including the elements necessary to establish identity, nationality or to obtain a travel document.

Or. en

Amendment 2122

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 36 – paragraph 2

Text proposed by the Commission

Amendment

2. The readmission procedure may entail a request for a travel document. When a travel document needs to be obtained from third country authorities, the competent authorities shall submit a readmission application. Such readmission application may include, as relevant, a request for confirmation of nationality and a request for issuance of travel document. Readmission applications shall be submitted in accordance with the timelines laid down in paragraph 1 and where possible using a standard form pursuant to paragraph 6.

Or. en

Amendment 2123

Estrella Galán

Proposal for a regulation

Article 36 – paragraph 2

Text proposed by the Commission

Amendment

2. When a travel document needs to be obtained from the third country authorities, the competent authorities shall submit a readmission application. Such readmission application shall include, as relevant, a request for confirmation of nationality and a request for issuance of travel document. Readmission applications shall where possible use a standard form pursuant to paragraph 6.

Or. en

Amendment 2124

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 36 – paragraph 3

Text proposed by the Commission

Amendment

3. The competent authorities may submit the request for travel document separately where it is preferable for legal or operational reasons, including due to the duration of the validity of the travel document to be issued and the non-availability of the third-country national to receive the travel document immediately after the confirmation of nationality. Where applicable, the European travel document for return shall be used in compliance with the applicable readmission instrument and Regulation (EU) 2016/195329 .

3. Where applicable, the European travel document for return shall be used in compliance with the applicable readmission instrument and Regulation (EU) 2016/195329.

_________________

29 Regulation (EU) 2016/1953 of the European Parliament and of the Council of 26 October 2016 on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994 (OJ L 311, 17.11.2016, p. 13, ELI: http://data.europa.eu/eli/reg/2016/1953/oj).

Or. en

Amendment 2125

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 36 – paragraph 3

Text proposed by the Commission

Amendment

3. The competent authorities may submit the request for travel document separately where it is preferable for legal or operational reasons. Where applicable, the European travel document for return shall be used in compliance with the applicable readmission instrument and Regulation (EU) 2016/195329 .

_________________

Or. en

Amendment 2126

Estrella Galán

Proposal for a regulation

Article 36 – paragraph 3

Text proposed by the Commission

Amendment

_________________

Or. en

Amendment 2127

Estrella Galán

Proposal for a regulation

Article 36 – paragraph 4

Text proposed by the Commission

Amendment

4. Information about the outcome of the request for confirmation of nationality and the travel document obtained shall be uploaded in the Schengen Information System by the competent authority concerned. Such information and travel document shall be made available to the competent authorities of other Member States upon request.

deleted

Or. en

Amendment 2128

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 36 – paragraph 4

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2129

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 36 – paragraph 4

Text proposed by the Commission

Amendment

4. Such information and travel document shall be made available to the competent authorities of other Member States upon request.

Or. en

Justification

No revision of the Regulations governing the Schengen Information System is foreseen as part of this proposal. New obligations on Member States with regard to the Schengen Information System would require a revision of those regulations.

Amendment 2130

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 36 – paragraph 4

Text proposed by the Commission

Amendment

4. Information about the outcome of the request for confirmation of nationality and the travel document obtained shall be made available to the competent authorities of other Member States upon request via the Schengen Information System.

Or. en

Amendment 2131

Estrella Galán

Proposal for a regulation

Article 36 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2132

Ana Miguel Pedro

Proposal for a regulation

Article 36 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2133

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 36 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

The purpose of this paragraph is unclear. Member States have obligations related to identification established under the Screening Regulation and this Regulation. It is not clear where the interview referred to in this paragraph fits with regard to the legal obligations on Member States.

Amendment 2134

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 36 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2135

Mélissa Camara

Proposal for a regulation

Article 36 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States may enter into appropriate arrangements for the purpose of facilitating the organisation of identification interviews in another Member State, including for the purpose of implementing Article 44. They shall refrain from cooperating with requests from third countries that might endanger the third-country national or affect his or her rights or those of his or her family members after readmission.

Or. en

Amendment 2136

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 36 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Frontex may support Member Sates in the readmission process, including through identification assistance, liaison officer networks, and coordination with third-country authorities, in line with its mandate.

Or. en

Amendment 2137

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 36 – paragraph 6

Text proposed by the Commission

Amendment

6. The Commission shall be empowered to adopt an implementing act in accordance with Article 49(2) for the purpose of determining the standard form to be used to submit readmission applications referred to in paragraph 2. Such standard form shall set out:

deleted

a. the format for readmission applications;

b. the elements of a readmission application including the request for confirmation of nationality and the request for issuance of travel document.

Or. en

Amendment 2138

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 36 – paragraph 6

Text proposed by the Commission

Amendment

deleted

a. the format for readmission applications;

b. the elements of a readmission application including the request for confirmation of nationality and the request for issuance of travel document.

Or. en

Amendment 2139

Estrella Galán

Proposal for a regulation

Article 36 – paragraph 7

Text proposed by the Commission

Amendment

7. The readmission procedure in third countries shall be supported by dedicated Union return liaison officers financed by the Union. Such liaison officers shall be part of the structure of the Union Delegations and shall closely coordinate with the Commission in achieving the relevant Union policy priorities.

deleted

Or. en

Amendment 2140

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 36 – paragraph 7

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2141

Mary Khan

Proposal for a regulation

Article 36 – paragraph 7

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2142

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 36 – paragraph 7

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2143

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 36 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. For monitoring of readmission cooperation with third countries, the Commission may every 12 months request the following data to be communicated to Frontex, regarding relevant third countries: a) number of requests for confirmation of nationality and number of positive and negative replies received concerning confirmation of nationality requests; number of requests for issuance of travel documents, number of travel documents issued by the third-country authorities and number of negative replies concerning the request of travel documents; b) number of requests for issuance of travel documents, number of travel documents issued by the third-country authorities and number of negative replies concerning the request of travel documents.

Or. en

Amendment 2144

Mary Khan

Proposal for a regulation

Article 36 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. Where a Member State finds that a third country does not cooperate sufficiently in the readmission procedure, it shall inform the European Parliament, the Council and the European Commission. Appropriate measures shall be taken at national or Union level to sanction non-cooperating third countries.

This may include one or more of the following:

a) the removal of visa-free travel, longer processing times or higher visa fees;

b) the suspension or removal of development aid;

c) the suspension or removal of humanitarian aid;

d) the suspension of free trade agreements or the temporary introduction of tariffs.

Or. en

Amendment 2145

Ana Miguel Pedro

Proposal for a regulation

Article 36 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. For the purpose of monitoring the level of cooperation of third countries on readmission, the Commission may, every twelve months, request Member States to communicate to Frontex the data necessary for such monitoring in relation to relevant third countries:

a) number of requests for confirmation of nationality and number of positive and negative replies received concerning confirmation of nationality requests;

b) number of requests for issuance of travel documents, number of travel documents issued by the third-country authorities and number of negative replies concerning the request of travel documents.

Or. en

Amendment 2146

Mélissa Camara

Proposal for a regulation

Article 36 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. If a readmission request is either formally rejected by the country of origin or if the issuing Member State receives no response within 12 months, that Member State shall consider an alternative solution to regularise the situation of the third-country national affected in accordance with Article 7(1a) new.

Or. en

Amendment 2147

Estrella Galán

Proposal for a regulation

Article 36 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. When the request for readmission is formally rejected or receives no response within 6 months, a residence permit under paragraph 7 of Article 7 shall be granted.

Or. en

Amendment 2148

Ana Miguel Pedro

Proposal for a regulation

Article 36 – paragraph 7 b (new)

Text proposed by the Commission

Amendment

7b. Frontex shall grant the Commission access to the data communicated pursuant to paragraph 1. The data referred to in points (a) and (b), disaggregated by Member State, may be communicated to the third countries concerned for the purpose of monitoring the implementation of, and compliance with, their readmission obligations, including in the framework of Union readmission instruments. Member States shall not be required to submit data that is not available to them.

Or. en

Amendment 2149

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 36 – paragraph 7 b (new)

Text proposed by the Commission

Amendment

7b. Frontex shall grant the Commission access to the data referred to in this paragraph. The data referred to in letters a) and b), disaggregated by Member State, may be communicated to third countries for the purposes of monitoring the implementation of, and compliance with, readmission obligations, including in the framework of the Union readmission instruments.

Or. en

Amendment 2150

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 36 – paragraph 7 c (new)

Text proposed by the Commission

Amendment

7c. Member States are not obligated to submit the requested data, where it is not available.

Or. en

Amendment 2151

Estrella Galán

Proposal for a regulation

Article 37

Text proposed by the Commission

Amendment

Article 37

deleted

Communication with non-recognised third-country entities

1. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure.

2. Such communication shall be limited to what is necessary for carrying out the readmission procedure and shall not amount to diplomatic recognition of the entities concerned.

Or. en

Amendment 2152

Elissavet Vozemberg-Vrionidi, Fredis Beleris

Proposal for a regulation

Article 37

Text proposed by the Commission

Amendment

Article 37

deleted

Communication with non-recognised third-country entities

1. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure.

2. Such communication shall be limited to what is necessary for carrying out the readmission procedure and shall not amount to diplomatic recognition of the entities concerned.

Or. en

Amendment 2153

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 37

Text proposed by the Commission

Amendment

Article 37

deleted

Communication with non-recognised third-country entities

1. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure.

2. Such communication shall be limited to what is necessary for carrying out the readmission procedure and shall not amount to diplomatic recognition of the entities concerned.

Or. en

Justification

This text is too vague and seeks to provide a form of subsidiary diplomatic recognition solely for the purposes of migration policy.

Amendment 2154

Mélissa Camara

Proposal for a regulation

Article 37

Text proposed by the Commission

Amendment

Article 37

deleted

Communication with non-recognised third-country entities

1. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure.

2. Such communication shall be limited to what is necessary for carrying out the readmission procedure and shall not amount to diplomatic recognition of the entities concerned.

Or. en

Amendment 2155

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

1. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure.

1. The competent authorities may communicate, as necessary, with non-recognised third country interlocutors responsible for return and readmission for the purpose of returning the third-country national to a country of return outside of the territory of the Member States.

Or. en

Amendment 2156

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 37 – paragraph 1

Text proposed by the Commission

Amendment

1. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure.

1. The competent authorities may communicate, as necessary and in a strictly operational capacity, with non-recognised third country representatives responsible for one or more of the steps of the readmission procedure.

Or. en

Amendment 2157

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 37 – paragraph 2

Text proposed by the Commission

Amendment

2. Such communication shall be limited to what is necessary for carrying out the readmission procedure and shall not amount to diplomatic recognition of the entities concerned.

2. Such communication shall be limited to what is necessary for carrying out return and readmission and shall not amount to diplomatic recognition of the interlocutors concerned.

Or. en

Amendment 2158

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 37 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Any communication under this Article shall be understood as strictly without prejudice to the Union’s position on the status of the territories or entities concerned, and shall not be considered as recognition, support or endorsement of their authority or legitimacy.

Or. en

Amendment 2159

François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Ana Miguel Pedro, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler

Proposal for a regulation

Article 37 a (new)

Text proposed by the Commission

Amendment

Article37a

External dimension and cooperation with third countries

1. The Union and the Member States shall ensure that the external dimension of return policy forms an integral part of the comprehensive approach to migration management.

2. The Union and the Member States shall pursue balanced and comprehensive partnerships with third countries, making return, readmission and reintegration core components of their engagement.

3. The coordinated use of all relevant Union policies and tools, including visa policy, trade, development and diplomatic instruments, shall be directly conditional to the level of cooperation on readmission, in order to support predictable and effective procedures with third countries.

4. Member States shall inform the Commission and the other Member States of the implementation of their partnerships, the challenges encountered and the level of cooperation of the third countries concerned, in order to support a coordinated Union approach.

5. Where persistent or unjustified lack of cooperation from a third country is identified, the Union shall take appropriate measures, including the use of restrictive policy tools, to ensure that effective and sustained cooperation on readmission is restored.

Or. en

Amendment 2160

Estrella Galán

Proposal for a regulation

Chapter VII

Text proposed by the Commission

Amendment

VII [...]

deleted

Or. en

Amendment 2161

Estrella Galán

Proposal for a regulation

Article 38

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2162

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall communicate to each other, on request, information concerning a person within the scope of this Regulation for the purpose of carrying out the return procedure, the readmission procedure and providing reintegration assistance.

3. Member States shall, upon request, communicate to each other available information concerning a person within the scope of this Regulation for the purpose of carrying out the return procedure and providing return and reintegration assistance.

Or. en

Amendment 2163

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 38 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the information referred to in paragraph 3 can be exchanged through the EU Information Systems referred to in point 15 of Article 4 of Regulation (EU) 2019/818 of the European Parliament and of the Council30 or through supplementary information in compliance with Regulation (EU) 2018/1860, such information shall be exchanged only through those means.

deleted

_________________

30 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, ELI: http://data.europa.eu/eli/reg/2019/818/oj).

Or. en

Amendment 2164

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the information referred to in paragraph 3 can be exchanged through the EU Information Systems referred to in point 15 of Article 4 of Regulation (EU) 2019/818 of the European Parliament and of the Council ¹ or through supplementary information in compliance with Regulation (EU) 2018/1860, such information shall, as a general rule, be exchanged only through those means.

_________________

Or. en

Amendment 2165

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 5

Text proposed by the Commission

Amendment

5. The requested data shall be adequate, relevant, accurate, limited to what is necessary for the intended purpose and shall set out the grounds on which it is based.

5. The request for information shall include the grounds on which it is based.

Or. en

Amendment 2166

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 38 – paragraph 5

Text proposed by the Commission

Amendment

5. The requested data shall be adequate, relevant, accurate, limited to what is necessary for the intended purpose and shall set out the grounds on which it is based.

5. The requested data shall be adequate and limited to what is necessary for the intended purpose and the request shall set out the grounds on which it is based.

Or. en

Justification

It is hard to understand how a request for data can be adequate and accurate.

Amendment 2167

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 38 – paragraph 6 – introductory part

Text proposed by the Commission

Amendment

6. The information referred to in paragraph 3 shall include in particular:

6. The information referred to in paragraph 3 may include in particular:

Or. en

Amendment 2168

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 6 – introductory part

Text proposed by the Commission

Amendment

6. The information referred to in paragraph 3 shall include in particular:

6. The information referred to in paragraph 3 may include in particular:

Or. en

Amendment 2169

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 38 – paragraph 6 – introductory part

Text proposed by the Commission

Amendment

6. The information referred to in paragraph 3 shall include in particular:

6. The information referred to in paragraph 3 may include:

Or. en

Justification

As this is a request for data, there should be no obligation on what should be requested.

Amendment 2170

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 38 – paragraph 6 – point a

Text proposed by the Commission

Amendment

a. information necessary to establish the identity of the third-country national and, where applicable, the identity of his or her family members, relatives and any other family relations, in particular surname(s); forename(s); where appropriate, former name(s) and other name(s) (alias(es), pseudonym(s)); date, place and country of birth; sex;

a. information necessary to establish the identity of the third-country national;

Or. en

Amendment 2171

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 6 – point a

Text proposed by the Commission

Amendment

a. information necessary to establish the identity of the third-country national and, where applicable, the identity of his or her family members, relatives and any other family relations;

Or. en

Amendment 2172

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 6 – point b

Text proposed by the Commission

Amendment

b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358, in particular facial image(s); dactyloscopic data; the date on which the biometric data were taken; the Eurodac reference number used by the Member State of origin;

b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358,

Or. en

Amendment 2173

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 38 – paragraph 6 – point b

Text proposed by the Commission

Amendment

b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358;

Or. en

Amendment 2174

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis

Proposal for a regulation

Article 38 – paragraph 6 – point b

Text proposed by the Commission

Amendment

b. The facial image, fingerprint data, the date on which this biometric data was taken and the Eurodac reference number used by the Member State of origin in accordance with Regulation (EU) 2024/1358;

Or. en

Justification

In line with the EDPS opinion, there should be no doubt about the limitations on sensitive data that can be shared between Member States. Eurodac Regulation refers to fingerprint data and not dactyloscopic data.

Amendment 2175

Mélissa Camara

Proposal for a regulation

Article 38 – paragraph 6 – point b

Text proposed by the Commission

Amendment

b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358, meaning facial image(s) and fingerprint data; the date on which the biometric data were taken; the Eurodac reference number used by the Member State of origin;

Or. en

Amendment 2176

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 6 – point c

Text proposed by the Commission

Amendment

c. information related to the nationality and the travel document(s) of the third-country national, in particular current nationality(ies) and previous nationality(ies); type, number and country of issue of the travel document(s); the date of issue and the date of expiry of the travel document(s);

c. information related to the nationality and any travel document(s) of the third-country national,

Or. en

Amendment 2177

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 38 – paragraph 6 – point c

Text proposed by the Commission

Amendment

c. information related to the nationality and the travel document(s) of the third-country national;

Or. en

Amendment 2178

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 6 – point e

Text proposed by the Commission

Amendment

e. information on residence documents or visas issued by a Member State or a third country;

e. information on any residence status or authorisations offering a right to stay, including residence documents or visas as well as any applications or extensions hereof, issued by a Member State or a third country;

Or. en

Amendment 2179

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 6 – point f

Text proposed by the Commission

Amendment

f. information related to the return operation of the third-country national, in particular on flight details; other travel arrangements; indication of whether the third-country national is a particularly dangerous person requiring specific arrangements during the return operation; information relating to escorting;

f. information related to the return operation of the third-country national;

Or. en

Amendment 2180

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 38 – paragraph 6 – point f

Text proposed by the Commission

Amendment

f. information related to the return operation of the third-country national;

Or. en

Amendment 2181

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 38 – paragraph 6 – point g

Text proposed by the Commission

Amendment

g. information related to the reintegration of the third-country national, in particular family composition, marital status, contact information of family members in the country of return, work experience, education level, diplomas;

g. information related to the reintegration of the third-country national;

Or. en

Amendment 2182

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 6 – point g

Text proposed by the Commission

Amendment

g. information related to the return and reintegration of the third-country national;

Or. en

Amendment 2183

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 38 – paragraph 6 – point g

Text proposed by the Commission

Amendment

g. information related to the reintegration of the third-country national, in particular family composition, marital status, contact information of family members in the country of transfer, work experience, education level, diplomas;

Or. en

Amendment 2184

Mary Khan

Proposal for a regulation

Article 38 – paragraph 6 – point g

Text proposed by the Commission

Amendment

g. information related to the third-country national, in particular family composition, marital status, contact information of family members in the country of return, work experience, education level, diplomas;

Or. en

Amendment 2185

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 38 – paragraph 6 – point h

Text proposed by the Commission

Amendment

h. the grounds for any return decision taken concerning the third-country national;

h. the grounds for any return decision, removal order, and/or entry ban taken concerning the third-country national;

Or. en

Amendment 2186

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 6 – point h a (new)

Text proposed by the Commission

Amendment

ha. information on the compliance of the third-country national with the obligations under articles 21 and 23;

Or. en

Amendment 2187

Mélissa Camara

Proposal for a regulation

Article 38 – paragraph 6 – point j

Text proposed by the Commission

Amendment

j. information related to the criminal records or related to the threat to public policy, public security or national security posed by the third-country national;

j. information related to the criminal records or related to a threat to internal security posed by the third-country national;

Or. en

Amendment 2188

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 38 – paragraph 6 – point k a (new)

Text proposed by the Commission

Amendment

ka. information on the cooperation of the third-country national in accordance with the obligations set out in Article 21.

Or. en

Amendment 2189

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 38 – paragraph 7

Text proposed by the Commission

Amendment

7. The requested Member State shall be obliged to reply as soon as possible and at the latest within three weeks.

7. The requested Member State shall be obliged to reply as soon as possible and at the latest within two weeks.

Or. en

Amendment 2190

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 7

Text proposed by the Commission

Amendment

7. The requested Member State shall be obliged to reply as soon as possible and at the latest within three weeks.

7. The requested Member State shall be obliged to reply as soon as possible and at the latest within two weeks.

Or. en

Amendment 2191

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 38 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. A lack of response, incomplete response or delayed response from a Member State to a request made pursuant to this Article shall not prevent or delay the execution of a return decision or a removal order initiated by another Member State. The requesting Member State may proceed on the basis of the information already available to its competent authorities, in accordance with Union and national law.

Or. en

Amendment 2192

Mary Khan

Proposal for a regulation

Article 38 – paragraph 8

Text proposed by the Commission

Amendment

8. The information exchanged may be used only for the purposes set out in paragraph 3. In each Member State such information may, depending on its type and the powers of the recipient authority, only be communicated to authorities or judicial authorities entrusted with the return procedure, the readmission procedure or the provision of reintegration assistance.

Or. en

Amendment 2193

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 38 – paragraph 8 a (new)

Text proposed by the Commission

Amendment

8a. Member States shall upon request transfer to each other the original travel documents of a third-country national, where the travel document is necessary to ensure return.

Or. en

Amendment 2194

Mélissa Camara

Proposal for a regulation

Article 39

Text proposed by the Commission

Amendment

Article 39

deleted

Transfer of data to third countries relating to third-country nationals for the purposes of readmission and reintegration

1. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a) to (h) may be processed and transferred by a competent authority and, where applicable, Frontex to a third country’s competent authority where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country provided it is necessary for the purposes of carrying out the readmission procedure.

2. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a), (c), (f) and (g), may be processed and transferred by a competent authority, and, where applicable, Frontex to third parties competent for reintegration assistance where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with third parties competent for reintegration assistance provided it is necessary for the purposes of providing reintegration assistance.

Or. en

Amendment 2195

Estrella Galán

Proposal for a regulation

Article 39

Text proposed by the Commission

Amendment

Article 39

deleted

Transfer of data to third countries relating to third-country nationals for the purposes of readmission and reintegration

Or. en

Amendment 2196

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 39 – title

Text proposed by the Commission

Amendment

Transfer of data to third countries relating to third-country nationals for the purposes of readmission and reintegration

Transfer of data to third countries relating to third-country nationals for the purposes of return, removal, readmission and reintegration

Or. en

Amendment 2197

Mary Khan

Proposal for a regulation

Article 39 – title

Text proposed by the Commission

Amendment

Transfer of data to third countries relating to third-country nationals for the purposes of readmission and reintegration

Transfer of data to third countries relating to third-country nationals for the purposes of readmission

Or. en

Amendment 2198

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 39 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 2199

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 39 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a) to (h) and (j) may be processed and transferred by a competent authority and, where applicable, Frontex to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return, such as airlines or medical providers, and where it is necessary for the purposes of return, readmission, and reintegration.

Or. en

Amendment 2200

Mary Khan

Proposal for a regulation

Article 39 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2201

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 39 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2202

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 39 – paragraph 2

Text proposed by the Commission

Amendment

2. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a), (c), (f) and (g), may be processed and transferred by a competent authority, and, where applicable, Frontex to third parties competent for reintegration assistance where the third-country national whose personal data is transferred has given his or her consent that his or her personal data be shared with third parties competent for reintegration assistance provided it is necessary for the purposes of providing reintegration assistance.

Or. en

Justification

As this paragraph addresses reintegration assistance, the returnee should be asked for consent before such personal data is shared.

Amendment 2203

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 39 – paragraph 4

Text proposed by the Commission

Amendment

4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer and information about the receiving third country’s competent authority. This documentation shall be limited to information strictly necessary to demonstrate compliance with the legal basis for the transfer and shall not entail any additional reporting obligation for Member States.

Or. en

Amendment 2204

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 39 – paragraph 4

Text proposed by the Commission

Amendment

4. Where a transfer is made pursuant to paragraph 1, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer and information about the receiving third country’s competent authority.

Or. en

Amendment 2205

Cecilia Strada, Marco Tarquinio, Alessandro Zan

Proposal for a regulation

Article 39 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. If the transfer of data pursuant to paragraph 1 and 2 is likely to endanger the safety or life of the third country national concerned, the transfer to that third country shall not be permitted

Or. en

Amendment 2206

Mélissa Camara

Proposal for a regulation

Article 40

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2207

Estrella Galán

Proposal for a regulation

Article 40

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2208

Mary Khan

Proposal for a regulation

Article 40 – title

Text proposed by the Commission

Amendment

Transfer of data to third countries relating to criminal convictions of third-country nationals for the purposes of readmission and reintegration

Transfer of data to third countries relating to criminal convictions of third-country nationals for the purposes of readmission

Or. en

Amendment 2209

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 40 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Data relating to one or several criminal convictions of a third-country national may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority where the following conditions are met:

1. Data relating to one or more criminal convictions of a third-country national may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return where the following conditions are met:

Or. en

Amendment 2210

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 40 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council31 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of the convicting Member State;

a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council31 if it is punishable by a custodial sentence or a detention order for a maximum period of at least one year under the national law of the convicting Member State;

_________________

31 Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1240/oj).

Or. en

Amendment 2211

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 40 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a. the third-country national whose personal data is transferred has been convicted in the previous 15 years of a terrorist offence or in the previous 10 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council31 if a custodial sentence or a detention order for a maximum period of at least three years was imposed under the national law of the convicting Member State;

_________________

Or. en

Justification

It is not proportionate to transfer personal data of returnees who have received minor sentences for potentially serious offences, without any consideration of the sentence actually imposed for the offence in the given case. The historical offences also raise issues of necessity and proportionality.

Amendment 2212

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 40 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a. the third-country national whose personal data is transferred has been convicted in the previous 50 years of a terrorist offence or in the previous 30 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council1 or has committed an offence carrying a penalty involving the deprivation of liberty of at least six months under the national law of the convicting Member State;

_________________

Or. en

Amendment 2213

Ana Miguel Pedro

Proposal for a regulation

Article 40 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council or has committed an offence carrying a penalty involving the deprivation of liberty of at least 1 year under the national law of the convicting Member State;

_________________

Or. en

Amendment 2214

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 40 – paragraph 1 – point b

Text proposed by the Commission

Amendment

b. the transfer of data is necessary for the purposes of carrying out the readmission procedure referred to in Article 36;

b. the transfer of data is strictly necessary and proportionate for the purposes of carrying out the readmission procedure referred to in Article 36;

Or. en

Justification

See EDPS Opinion, paragraph 26

Amendment 2215

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 40 – paragraph 1 – point b

Text proposed by the Commission

Amendment

b. the transfer of data is necessary for the purposes of carrying out the readmission procedure referred to in Article 36;

b. the transfer of data is necessary for the purposes of return, readmission, and reintegration;

Or. en

Amendment 2216

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 40 – paragraph 1 – point c

Text proposed by the Commission

Amendment

c. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country for the purpose of carrying out the readmission procedure;

deleted

Or. en

Amendment 2217

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 40 – paragraph 1 – point d

Text proposed by the Commission

Amendment

d. prior to the transfer, the competent authority and, where applicable, Frontex, has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement;

deleted

Or. en

Amendment 2218

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 40 – paragraph 1 – point d

Text proposed by the Commission

Amendment

d. prior to the transfer, the competent authority and, where applicable, Frontex, has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement;

d. prior to the transfer, the competent authority and, where applicable, Frontex, has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement and that the transferred data does not risk leading to the handing down or execution of the death penalty or any form of cruel or inhuman treatment;

Or. en

Justification

See EDPS Opinion paragraph 26

Amendment 2219

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 40 – paragraph 1 – point e

Text proposed by the Commission

Amendment

e. prior to the transfer, the competent authority and, where applicable, Frontex, has satisfied itself that the transfer of data does not risk breaching Article 50 of the Charter.

deleted

Or. en

Amendment 2220

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 40 – paragraph 2

Text proposed by the Commission

Amendment

2. Data relating to one or several criminal convictions of a third-country national may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex to a third party competent for reintegration assistance where the following conditions are met:

deleted

a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of the convicting Member State;

b. the transfer of data is necessary for the purposes of providing a tailor-made and non-financial reintegration assistance referred to in Article 46;

c. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with a third party competent for reintegration assistance for the purposes of providing tailor-made and non-financial reintegration;

d. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement.

Or. en

Amendment 2221

Mary Khan

Proposal for a regulation

Article 40 – paragraph 2

Text proposed by the Commission

Amendment

deleted

a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of the convicting Member State;

b. the transfer of data is necessary for the purposes of providing a tailor-made and non-financial reintegration assistance referred to in Article 46;

d. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement.

Or. en

Amendment 2222

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 40 – paragraph 2 – point a

Text proposed by the Commission

Amendment

a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of the convicting Member State;

a. the third-country national whose personal data is transferred has been convicted in the previous 15 years of a terrorist offence or in the previous 10 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 if a custodial sentence or a detention order for a maximum period of at least three years was imposed under the national law of the convicting Member State;

Or. en

Justification

Amendment 2223

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 40 – paragraph 2 – point b

Text proposed by the Commission

Amendment

b. the transfer of data is necessary for the purposes of providing a tailor-made and non-financial reintegration assistance referred to in Article 46;

deleted

Or. en

Amendment 2224

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 40 – paragraph 2 – point b

Text proposed by the Commission

Amendment

b. the transfer of data is necessary for the purposes of providing a tailor-made and non-financial reintegration assistance referred to in Article 46;

b. the transfer of data is strictly necessary and proportionate for the purposes of providing a tailor-made and non-financial reintegration assistance referred to in Article 46;

Or. en

Amendment 2225

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 40 – paragraph 2 – point d

Text proposed by the Commission

Amendment

d. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement.

d. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement and that the transferred data does not risk leading to the handing down or execution of the death penalty or any form of cruel or inhuman treatment.

Or. en

Amendment 2226

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 40 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively. Where the transfer of personal data concerns the personal data of a minor, the Member States and, where applicable, Frontex shall establish that the transfer of data is in the best interests of the child before such a transfer takes place.

Or. en

Amendment 2227

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 40 – paragraph 4

Text proposed by the Commission

Amendment

4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 or 2 and the personal data transferred.

4. Where a transfer is made pursuant to paragraph 1, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 and the personal data transferred.

Or. en

Amendment 2228

Estrella Galán

Proposal for a regulation

Article 41

Text proposed by the Commission

Amendment

Article 41

deleted

Transfer of health data of third-country nationals to third countries for the purposes of carrying out the return operation and reintegration

a. the transfer of data is necessary for the purposes of carrying out the return operation;

b. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country for the purposes of carrying out the return operation;

c. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement.

2. Data concerning health of third-country nationals may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex to a third party competent for reintegration assistance where the following conditions are met:

a. the transfer of data is necessary for the purposes of providing reintegration assistance referred to in Article 46 that is tailored to the medical needs of the third-country national;

b. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with a third party competent for reintegration assistance, for such assistance to be tailored to his or her medical needs, and has consented to such transfer.

4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 or 2 and the personal data transferred.

Or. en

Amendment 2229

Mélissa Camara

Proposal for a regulation

Article 41

Text proposed by the Commission

Amendment

Article 41

deleted

Transfer of health data of third-country nationals to third countries for the purposes of carrying out the return operation and reintegration

a. the transfer of data is necessary for the purposes of carrying out the return operation;

c. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement.

a. the transfer of data is necessary for the purposes of providing reintegration assistance referred to in Article 46 that is tailored to the medical needs of the third-country national;

4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 or 2 and the personal data transferred.

Or. en

Amendment 2230

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 41 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Data concerning the medical assistance to be provided to third-country nationals during the return operation may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return, such as medical providers, where the following conditions are met:

Or. en

Amendment 2231

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 41 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a. the transfer of data is necessary for the purposes of carrying out the return operation;

a. the transfer of data is strictly necessary and proportionate for the purposes of carrying out the return operation;

Or. en

Amendment 2232

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 41 – paragraph 1 – point b

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2233

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 41 – paragraph 1 – point b

Text proposed by the Commission

Amendment

b. the third-country national whose personal data is transferred has given his or her consent that his or her personal data be shared with the authorities of a third country for the purposes of carrying out the return operation;

Or. en

Justification

Given that health data is sensitive personal data, the returnee should be asked to given consent before such health data is shared with a third country.

Amendment 2234

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 41 – paragraph 1 – point c

Text proposed by the Commission

Amendment

c. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement.

deleted

Or. en

Amendment 2235

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 41 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Data concerning health and medical needs of third-country nationals may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex to a third party competent for reintegration assistance or other tasks related to implementing the return where the following conditions are met:

Or. en

Amendment 2236

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 41 – paragraph 2 – point a

Text proposed by the Commission

Amendment

a. the transfer of data is necessary for the purposes of providing reintegration assistance referred to in Article 46 that is tailored to the medical needs of the third-country national;

deleted

Or. en

Amendment 2237

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 41 – paragraph 2 – point a

Text proposed by the Commission

Amendment

a. the transfer of data is necessary for the purposes of providing reintegration assistance referred to in Article 46 that is tailored to the medical needs of the third-country national;

a. the transfer of data is strictly necessary and proportionate for the purposes of providing reintegration assistance referred to in Article 46 that is tailored to the medical needs of the third-country national;

Or. en

Amendment 2238

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 41 – paragraph 2 – point b

Text proposed by the Commission

Amendment

b. the third-country national whose personal data is transferred has given his or her consent that his or her personal data be shared with a third party competent for reintegration assistance, for such assistance to be tailored to his or her medical needs, and has consented to such transfer.

Or. en

Justification

Given that health data is sensitive personal data, the returnee should be asked to given consent before such health data is shared with a third country.

Amendment 2239

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 42

Text proposed by the Commission

Amendment

Article 42

deleted

Components of a common system for returns

1. A common system for returns pursuant to this Regulation shall consist of:

a. a common procedure for the return of third-country nationals with no right to stay in the Union, including a common procedure for readmission as an integral part thereof;

b. a system of recognition and enforcement of return decisions among Member States;

c. the necessary resources and sufficient competent personnel in Member States for the implementation of this Regulation, including for detention;

d. digital systems for managing the return, readmission and reintegration of third-country nationals;

e. cooperation between Member States;

f. Union bodies, offices and agencies supporting pursuant to Article 43(4) and in line with their respective mandates.

2. The Union and the Member States shall identify common priorities in the field of return, readmission and reintegration and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1351, the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) 810/2009 of the European Parliament and of the Council32 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission.

3. The Union and the Member States shall ensure loyal cooperation and close coordination between competent authorities and between the Union and the Member States, as well as synergy between internal and external components, taking into account their shared interest in the effective functioning of the Union’s asylum and migration management policies.

_________________

32 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj).

Or. en

Justification

Merged with article 1. Legal effect of this article is not clear.

Amendment 2240

Estrella Galán

Proposal for a regulation

Article 42 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. A common system for returns pursuant to this Regulation shall consist of:

1. A common system for returns pursuant to this Directive shall consist of:

Or. en

Amendment 2241

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 42 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a. a common procedure for the return of third-country nationals with no right to stay in the Union, including a common procedure for readmission as an integral part thereof;

a. a common procedure for the return of third-country nationals with no right to stay in the Union,

Or. en

Justification

Readmission procedures may not always be necessary, when a person leaves the EU having accepted the return decision.

Amendment 2242

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 42 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a. a common procedure for the return of third-country nationals with no right to stay in the Union, including a common procedure for readmission as an integral part thereof;

a. a procedure for the return of third-country nationals with no right to stay in the territory of the Member States;

Or. en

Amendment 2243

Estrella Galán

Proposal for a regulation

Article 42 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a. a common procedure for the return of third-country nationals with no right to stay in the Union, including a common procedure for readmission as an integral part thereof;

a. common standards and procedures for the return of third-country nationals with no right to stay in the Union;

Or. en

Amendment 2244

Estrella Galán

Proposal for a regulation

Article 42 – paragraph 1 – point b

Text proposed by the Commission

Amendment

b. a system of recognition and enforcement of return decisions among Member States;

deleted

Or. en

Amendment 2245

Mélissa Camara

Proposal for a regulation

Article 42 – paragraph 1 – point b

Text proposed by the Commission

Amendment

b. a system of recognition and enforcement of return decisions among Member States;

deleted

Or. en

Amendment 2246

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 42 – paragraph 1 – point b

Text proposed by the Commission

Amendment

b. a system of recognition and enforcement of return decisions among Member States;

b. a system of voluntary recognition and enforcement of return decisions among Member States;

Or. en

Justification

For consistency with amendments tabled to Article 9.

Amendment 2247

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 42 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

b a. a system of recognition and enforcement of return decisions among Member States;

Or. en

Amendment 2248

Estrella Galán

Proposal for a regulation

Article 42 – paragraph 1 – point c

Text proposed by the Commission

Amendment

c. the necessary resources and sufficient competent personnel in Member States for the implementation of this Regulation, including for detention;

c. the necessary resources and sufficient competent personnel in Member States for the implementation of this Directive;

Or. en

Amendment 2249

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 42 – paragraph 1 – point c

Text proposed by the Commission

Amendment

c. the necessary resources and sufficient competent personnel in Member States for the implementation of this Regulation, including for detention;

c. the necessary resources and sufficient competent personnel in Member States for the implementation of this Regulation.

Or. en

Justification

An increase in detention capacity will not necessarily increase return rates. More likely, it will increase detention rates. Apart from being wrong-headed, this costs the Member States and the Union a lot of money.

Amendment 2250

Mélissa Camara

Proposal for a regulation

Article 42 – paragraph 1 – point d

Text proposed by the Commission

Amendment

d. digital systems for managing the return, readmission and reintegration of third-country nationals;

deleted

Or. en

Amendment 2251

Estrella Galán

Proposal for a regulation

Article 42 – paragraph 1 – point d

Text proposed by the Commission

Amendment

d. digital systems for managing the return, readmission and reintegration of third-country nationals;

deleted

Or. en

Amendment 2252

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 42 – paragraph 1 – point d

Text proposed by the Commission

Amendment

d. digital systems for managing the return, readmission and reintegration of third-country nationals;

deleted

Or. en

Justification

The Commission has indicated its intention to make a legislative proposal for digitalising return case-management systems. A decision on that should be left to the co-legislator for that piece of legislation

Amendment 2253

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 42 – paragraph 1 – point d

Text proposed by the Commission

Amendment

d. digital systems for managing the return, readmission and reintegration of third-country nationals;

d. digital systems for managing the return and reintegration of third-country nationals;

Or. en

Amendment 2254

Mary Khan

Proposal for a regulation

Article 42 – paragraph 1 – point d

Text proposed by the Commission

Amendment

d. digital systems for managing the return, readmission and reintegration of third-country nationals;

d. digital systems for managing the return and readmission of third-country nationals;

Or. en

Amendment 2255

Estrella Galán

Proposal for a regulation

Article 42 – paragraph 1 – point e

Text proposed by the Commission

Amendment

e. cooperation between Member States;

deleted

Or. en

Amendment 2256

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 42 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

ea. a sufficient level of detention capacity as determined by the Member State taking into account actual needs;

Or. en

Amendment 2257

Tomáš Zdechovský

Proposal for a regulation

Article 42 – paragraph 1 – point f

Text proposed by the Commission

Amendment

f. Union bodies, offices and agencies supporting pursuant to Article 43(4) and in line with their respective mandates.

f. Financial support by the Union and operational support by the Union bodies, offices and agencies, in particular the support of Frontex, pursuant to Article 43(4) and in line with their respective mandates.

Or. en

Amendment 2258

Elissavet Vozemberg-Vrionidi, Fredis Beleris

Proposal for a regulation

Article 42 – paragraph 1 – point f

Text proposed by the Commission

Amendment

f. Union bodies, offices and agencies supporting pursuant to Article 43(4) and in line with their respective mandates.

f. Financial support by the Union and operational support by the Union bodies, offices and agencies in line with their respective mandates.

Or. en

Amendment 2259

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 42 – paragraph 1 – point f

Text proposed by the Commission

Amendment

f. Union bodies, offices and agencies supporting pursuant to Article 43(4) and in line with their respective mandates.

f. financial support by the Union and operational support by the Union bodies, offices and agencies in line with their respective mandates.

Or. en

Amendment 2260

Estrella Galán

Proposal for a regulation

Article 42 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

fa. full compliance with applicable Union law, including the Charter, with applicable international law, including the 1951 Geneva Convention on the Status of Refugees of 28 July 1951, as complemented by the 1967 New York Protocol, the Convention related to the Status of Stateless persons of 28 September 1954, with obligations related to access to international protection, in particular the principle of non-refoulement, and with fundamental rights, including the right to an effective remedy.

Or. en

Amendment 2261

Mélissa Camara

Proposal for a regulation

Article 42 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

fa. full compliance with relevant Union law, including the Charter, with relevant international law, with the obligations related to access to international protection, in particular the principle of non-refoulement, and with fundamental rights, including the right to an effective remedy;

Or. en

Amendment 2262

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 42 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

fa. effective and independent monitoring mechanisms.

Or. en

Amendment 2263

Estrella Galán

Proposal for a regulation

Article 42 – paragraph 1 – point f b (new)

Text proposed by the Commission

Amendment

fb. an effective and independent monitoring mechanism of the respect of fundamental rights.

Or. en

Amendment 2264

Mélissa Camara

Proposal for a regulation

Article 42 – paragraph 1 – point f b (new)

Text proposed by the Commission

Amendment

fb. effective and independent monitoring mechanisms.

Or. en

Amendment 2265

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 42 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The development of digital systems shall rely, to the greatest extent possible, on existing national infrastructures and interoperable Union systems, and shall not create additional reporting or procedural burdens for Member States.

Or. en

Amendment 2266

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 42 – paragraph 2

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Justification

No clear added value. The reference to existing cooperation mechanisms suggests that this provision would only add an additional layer of bureaucracy to those mechanisms.

Amendment 2267

Estrella Galán

Proposal for a regulation

Article 42 – paragraph 2

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 2268

Mélissa Camara

Proposal for a regulation

Article 42 – paragraph 2

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 2269

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 42 – paragraph 2

Text proposed by the Commission

Amendment

2. The Union and the Member States shall identify common priorities in the field of returns.

_________________

Or. en

Amendment 2270

Maciej Wąsik, Mariusz Kamiński, Jacek Ozdoba, Jadwiga Wiśniewska

Proposal for a regulation

Article 42 – paragraph 2

Text proposed by the Commission

Amendment

2. The Union and the Member States shall identify common priorities in the field of returns.

_________________

Or. en

Amendment 2271

Mary Khan

Proposal for a regulation

Article 42 – paragraph 2

Text proposed by the Commission

Amendment

2. The Union and the Member States shall identify common priorities in the field of return and readmission and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1351, the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) 810/2009 of the European Parliament and of the Council32 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission.

_________________

Or. en

Amendment 2272

Mélissa Camara

Proposal for a regulation

Article 42 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2273

Estrella Galán

Proposal for a regulation

Article 42 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2274

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 42 – paragraph 3

Text proposed by the Commission

Amendment

Or. en

Amendment 2275

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 42 – paragraph 3

Text proposed by the Commission

Amendment

3. The Union and the Member States shall ensure loyal cooperation and close coordination between competent authorities and between the Union and the Member States, taking into account their shared interest in the effective functioning of the Union’s asylum and migration management policies. Such cooperation and coordination shall not affect the competence of Member States to organise and manage return operations.

Or. en

Amendment 2276

Nadine Morano

Proposal for a regulation

Article 42 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Where a Member State faces difficulties with a third country in taking back its nationals who are subject to a return decision or who are returning voluntarily, the other Member States and the European Union must show solidarity with the Member State concerned; the Union, in coordination with Member States, may adopt coercive measures against third countries which refuse to cooperate, such as diplomatic retaliatory measures, visa restrictions and limitations on economic cooperation and development aid or in other areas, so as to ensure compliance with return obligations.

Or. fr

Amendment 2277

Estrella Galán

Proposal for a regulation

Article 43 – paragraph 1

Text proposed by the Commission

Amendment

1. Each Member State shall designate, in accordance with national law, the competent authorities responsible for fulfilling the obligations arising under this Regulation.

1. Each Member State shall designate, in accordance with national law, the competent authorities responsible for fulfilling the obligations arising under this Directive.

Or. en

Amendment 2278

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 43 – paragraph 2

Text proposed by the Commission

Amendment

2. Each Member State shall allocate the necessary resources to competent authorities, including appropriately trained staff who received guidance to fulfil their obligations set out in this Regulation.

deleted

Or. en

Amendment 2279

Estrella Galán

Proposal for a regulation

Article 43 – paragraph 2

Text proposed by the Commission

Amendment

2. Each Member State shall allocate the necessary resources to competent authorities, including appropriately trained staff who received guidance to fulfil their fundamental rights obligations set out in this Directive as well as other European and international instruments.

Or. en

Amendment 2280

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 43 – paragraph 2

Text proposed by the Commission

Amendment

2. Each Member State shall allocate the resources it deems necessary to competent authorities, including appropriately trained staff.

Or. en

Amendment 2281

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 43 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure a sufficient level of detention capacity taking into account actual needs and expected returns in the next 12 months, particularly for the purpose of well-prepared systems and contingency planning pursuant to Article 7 of Regulation (EU) 2024/1351.

deleted

Or. en

Justification

Amendment 2282

Estrella Galán

Proposal for a regulation

Article 43 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2283

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 43 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2284

Mélissa Camara

Proposal for a regulation

Article 43 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure a sufficient level of administrative detention capacity taking into account actual needs and expected returns in the next 12 months, particularly for the purpose of well-prepared systems and contingency planning pursuant to Article 7 of Regulation (EU) 2024/1351.

Or. en

Amendment 2285

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 43 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States may be supported by competent authorities of another Member State in accordance with Article 44 and relevant staff of Union Agencies, including in accordance with Article 45.

deleted

Or. en

Amendment 2286

Estrella Galán

Proposal for a regulation

Article 43 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States may be supported by competent authorities of another Member State in accordance with Article 44 and relevant staff of Union Agencies, including in accordance with Article 45.

deleted

Or. en

Amendment 2287

Mélissa Camara

Proposal for a regulation

Article 43 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States may be supported by competent authorities of another Member State in accordance with Article 44 and relevant staff of Union Agencies, including in accordance with Article 45.

4. Member States may be supported by relevant staff of Union Agencies.

Or. en

Amendment 2288

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 43 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States may be supported by competent authorities of another Member State in accordance with Article 44 and relevant staff of Union Agencies, including in accordance with Article 45.

4. Member States may be supported by competent authorities of another Member State in accordance with Article 44 and relevant staff of Union Agencies, including in accordance with the mandates of those Agencies .

Or. en

Amendment 2289

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 43 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. In addition to allocating the necessary resources pursuant to paragraph 2, Member States shall take all necessary measures to ensure that, within each calendar year, at least 80 % of third-country nationals who are subject to an enforceable return decision are effectively returned.

Or. en

Amendment 2290

Mary Khan

Proposal for a regulation

Article 43 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States shall take all necessary measures to ensure that, within each calendar year, at least 95 % of third-country nationals who are subject to an enforceable return decision are effectively returned.

Or. en

Amendment 2291

Mary Khan

Proposal for a regulation

Article 43 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4b. Where a Member State fails to meet the target set out in paragraph 4a, it shall, no later than three months after the end of the relevant calendar year, notify the Council, the European Parliament and the European Commission, and shall make the notification publicly available. The notification shall include a detailed analysis of the reasons for non-compliance, including any challenges related to cooperation from third countries, and an action plan outlining the measures the Member State intends to take rectify the situation.

Or. en

Amendment 2292

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 43 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4b. Where a Member State fails to meet the target set out in paragraph 4a, it shall, no later than three months after the end of the relevant calendar year, notify the Commission and the Council. The notification shall include a detailed analysis of the reasons for non-compliance, including any challenges related to cooperation from third countries, and an action plan outlining the measures the Member State intends to take to improve its performance.

Or. en

Amendment 2293

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 43 – paragraph 4 c (new)

Text proposed by the Commission

Amendment

4c. On the basis of the notification referred to in paragraph 4b, the Commission may recommend specific measures to assist the Member State concerned or may initiate dedicated actions at Union level to improve cooperation on readmission with the relevant third countries.

Or. en

Amendment 2294

Mélissa Camara

Proposal for a regulation

Article 44

Text proposed by the Commission

Amendment

Article 44

deleted

Cooperation between Member States

1. Cooperation and assistance between competent authorities designated in accordance with Article 43 shall take place for the purpose of:

a. allowing transit through their territory to assist that a return decision of another Member State can be complied with or travel documents obtained;

b. providing logistical, financial or other material or in-kind assistance;

c. leading or supporting the policy dialogue and exchanges with the authorities of third countries for the purpose of facilitating readmission;

d. contacting the competent authorities of third countries for the purpose of verifying the identity of third-country nationals and obtaining a valid travel document;

e. organising, on behalf of the requesting Member State, the practical arrangement for the enforcement of return;

f. facilitating the transfer referred to in Article 8(1), point (b);

g. supporting the departure of a third-country national towards the Member State in which he or she has a right to stay in accordance with Article 8(1), first subparagraph.

Or. en

Amendment 2295