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DRAFT REPORT (COM(2016)0467 – C80321/2016 – 2016/0224(COD))

On the proposal for a regulation of the European Parliament and of the Council establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU

LIBE-PR-597506

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Laura Ferrara

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The rapporteur's draft report sets out Parliament's position on the proposed regulation establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU. It amends the proposal to make the first country of asylum and safe third country concepts optional, to delete the EU list of safe third countries, and to end national lists of safe countries of origin within three years. It strengthens procedural rights: free legal assistance from the moment protection is sought, cultural mediators, a guardian for unaccompanied minors, and limits on accelerated and border procedures. It changes time-limits for lodging applications to 15 working days, caps the accelerated procedure at two months, and sets the border procedure at four weeks. It calls on the Commission to refer the matter to Parliament again if it substantially amends its proposal.

Committee position. The rapporteur proposes to amend the Commission proposal to make the first country of asylum and safe third country concepts optional, delete the EU list of safe third countries, end national lists of safe countries of origin within three years, and strengthen procedural rights and time-limits.

Key points

  1. Applicants should be heard in a personal interview, assisted by an interpreter and, where possible and necessary, a cultural mediator.
  2. Free legal assistance and representation should be provided from the moment an applicant declares the wish to receive protection, and within two days of that declaration.
  3. Minors should always be exempted from border procedures, and unaccompanied minors should always be appointed a guardian, with no more than 20 minors per guardian.
  4. Member States may apply the first country of asylum and safe third country concepts, but only where the applicant has enjoyed and will continue to enjoy protection in accordance with the Geneva Convention of 1951.
  5. The EU common list of safe third countries should be deleted, and national lists of safe countries of origin should end within three years.
  6. The Commission should regularly review third countries on the EU common list of safe countries of origin, and Parliament or the Council may ask it to add, suspend or remove a country.
  7. The accelerated examination procedure should be concluded within two months, and the border procedure should not take longer than four weeks.
  8. Applicants should lodge their application within 15 working days of registration, and spouses, partners, dependent adults and minors should be given further 15 working-day periods.
  9. An application may be rejected as abandoned only where the applicant fails to cooperate, and implicit withdrawal should lead to temporary suspension, not automatic rejection.
  10. The determining authority should inform applicants of their rights in a concise and easily accessible manner, using clear and simple language.
  11. Age assessments for unaccompanied minors should start with a psychosocial assessment, and medical examinations should be a last resort.
  12. The right to remain should constitute an entitlement to a temporary residence permit, and applicants should not travel to other Member States without authorisation.

Who is affected

  • Applicants for international protection, who gain stronger procedural rights and longer time-limits.
  • Unaccompanied minors, who must always be exempted from border procedures and appointed a guardian.
  • Member States, which may apply the first country of asylum and safe third country concepts and must end national lists of safe countries of origin within three years.
  • The Commission, which must review third countries on the EU common list of safe countries of origin and may be asked to add, suspend or remove a country.

Figures and deadlines

  • No more than 20 unaccompanied minors per guardian.
  • Three years from entry into force for national lists of safe countries of origin to end.
  • Two months maximum for the accelerated examination procedure.
  • Four weeks maximum for the border procedure.
  • 15 working days to lodge an application from registration.
  • Seven working days to register applications where there is a disproportionate number.
  • Two days from the declaration of the wish to obtain protection to provide free legal assistance.
  • Six months suspension of a third country from the EU common list of safe countries of origin.

Legal basis: Article 294(2) and Article 78(2)(d) of the Treaty on the Functioning of the European Union.