REPORT on the proposal for a regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]

14.4.2023 - (COM(2020)0610 – C9‑0309/2020 – 2020/0279(COD)) - ***I

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Tomas Tobé
not
PR_COD_1amCom

Procedure : 2020/0279(COD)
Document stages in plenary
Document selected :  
A9-0152/2023
Texts tabled :
A9-0152/2023
Debates :
Texts adopted :

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]

(COM(2020)0610 – C9‑0309/2020 – 2020/0279(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2020)0610),

 having regard to Article 294(2) and Article 78(2), point (e), and Article 79(2), points (a), (b) and (c), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0309/2020),

 having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

 having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

 having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate, the Hungarian Parliament and the Slovak Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

 having regard to the opinion of the European Economic and Social Committee of 25 February 2021[1],

 having regard to the opinion of the Committee of the Regions of 19 March 2021[2],

 having regard to Rules 59 and 40 of its Rules of Procedure,

 having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0152/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to the Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

 

Proposal for a regulation

Citation 1

 

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79(2)(a)(b) and (c) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79(2)(a)(b) and (c) and Article 80 thereof,

Amendment  2

 

Proposal for a regulation

Recital 1

 

Text proposed by the Commission

Amendment

(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity between Member States, which is fair towards third-country nationals.

(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity and fair sharing of responsibility between Member States, which is fair towards third-country nationals and fully respects the rights of asylum-seekers, refugees and migrants.

Amendment  3

 

Proposal for a regulation

Recital 2

 

Text proposed by the Commission

Amendment

(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and in an integrated manner.

(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management, recognising that the effectiveness of such an approach depends on all components being jointly addressed, in an integrated manner and properly implemented.

Amendment  4

 

Proposal for a regulation

Recital 3

 

Text proposed by the Commission

Amendment

(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to return illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.

(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by upholding and elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to promote safe and legal pathways, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to fairly and effectively return those third-country nationals who do not fulfil the conditions for residence in the territory of the Member States, to prevent irregular migration and unauthorised movements between them, to prevent and fight migrant smuggling and human trafficking whilst protecting the rights of smuggled and trafficked people, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.

Amendment  5

 

Proposal for a regulation

Recital 4

 

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

deleted

Amendment  6

 

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protection.

(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the responsibility for arrivals of irregular migrants and asylum-seekers in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.

Amendment  7

 

Proposal for a regulation

Recital 6

 

Text proposed by the Commission

Amendment

(6) In order to reflect the whole of government approach and ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, there is a need for integrated policy-making in the field of asylum and migration management, including both its internal and external components, which is part of the comprehensive approach.

(6) In order to ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, there is a need for integrated policy-making in the field of asylum and migration management, including both its internal and external components, in compliance with international and Union law, ensuring coherence between asylum and migration management policies which is part of the integrated policy-making approach.

Amendment  8

 

Proposal for a regulation

Recital 7

 

Text proposed by the Commission

Amendment

(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum and migration management policies and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.

(7) Member States should have sufficient human, material and financial resources and infrastructure to effectively implement asylum and migration management policies, and allocate adequate staff for their competent authorities, in terms of level, expertise, training and independence, in particular for the determination of the Member State responsible for examining and application for international protection and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.

Amendment  9

 

Proposal for a regulation

Recital 8

 

Text proposed by the Commission

Amendment

(8) Taking a strategic approach, the Commission should adopt a European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies and on the national strategies of the Member States.

(8) The Commission should adopt a long-term European Asylum and Migration Management Strategy (the 'Strategy') on the implementation of asylum and migration management policies at Union level, in accordance with the principles set out in this Regulation and in Union primary law and applicable international law. The Strategy should be based on relevant reports and analyses produced by Union agencies, bodies and offices, and on the national strategies of the Member States, setting out the approach to managing asylum and migration at Union level. It should include access to asylum procedures and should take into account the relevant jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights.

Amendment  10

 

Proposal for a regulation

Recital 9

 

Text proposed by the Commission

Amendment

(9) National strategies of the Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarity and fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national level.

(9) National strategies of the Member States should serve to ensure their capacity to effectively implement their asylum and migration management system, in full compliance with their obligations under Union and international law. They should include preventive measures to reduce the risk of migratory pressure as well as information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarity and fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national level. To this end, the duties of the Member States in respect of their competences should be clearly defined. The Commission and relevant Union bodies, offices and agencies, and in particular the Asylum Agency, should be able to support the Member States when establishing their national strategies.

Amendment  11

 

Proposal for a regulation

Recital 10

 

Text proposed by the Commission

Amendment

(10) In order to ensure that an effective monitoring system is in place to ensure the application of the asylum acquis, the results of the monitoring undertaken by the European Union Asylum Agency and Frontex, of the evaluation carried out in accordance with Council Regulation No 1053/2013 as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation] should also be taken into account in these strategies.

(10) In order to ensure that an effective monitoring system is in place to ensure the application of the asylum acquis, the results of the monitoring undertaken by, the European Union Asylum Agency and the European Border and Coast Guard Agency, and other relevant bodies, offices, agencies or organisations, of the evaluation carried out in accordance with Council Regulation (EU) 2022/9221a as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation] should also be taken into account in these strategies.

 

___________________

 

1a Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and repealing Regulation (EU) No 1053/2013 (OJ L 160, 15.6.2022, p. 1).

Amendment  12

 

Proposal for a regulation

Recital 11

 

Text proposed by the Commission

Amendment

(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should annually adopt a Migration Management Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent.

(11) Considering the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should monitor and provide information on the asylum, reception and migratory situation over the previous 12-month period as a whole. The Commission should annually adopt a situational report, including an evaluation of its strategy. The situational report should set out, inter alia, the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to the evolution of the migratory situation, ensuring their engagement and participation in solidarity and responsibility sharing. The situational report should also include the results of the reporting on monitoring foreseen in the national strategies, assessing Member States’ implementation and compliance with relevant Union law and should propose improvements where weaknesses are apparent.

Amendment  13

 

Proposal for a regulation

Recital 12

 

Text proposed by the Commission

Amendment

(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable persons.

(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the annual situational report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on solidarity contributions foreseen in this Regulation and the relocation of persons in a vulnerable situation should be prioritised.

Amendment  14

 

Proposal for a regulation

Recital 13

 

Text proposed by the Commission

Amendment

(13) For the effective implementation of the common framework and to identify gaps, address challenges and prevent the building up of migratory pressure, the Commission should monitor and regularly report on the migratory situation.

(13) For the effective implementation of the common framework and to identify gaps, address challenges and prevent the building up of pressure on asylum and reception systems, the Commission should monitor and regularly report on the migratory situation and the implementation of the Union asylum acquis.

Amendment  15

 

Proposal for a regulation

Recital 14

 

Text proposed by the Commission

Amendment

(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need.

deleted

Amendment  16

 

Proposal for a regulation

Recital 15

 

Text proposed by the Commission

Amendment

(15) To strengthen cooperation with third countries in the area of return and readmission of illegally staying third-country nationals, it is necessary to develop a new mechanism, including all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship.

(15) To strengthen cooperation with third countries on asylum and migration, including readmission it is necessary to promote and build tailor-made and mutually beneficial partnerships with those countries. Close cooperation and partnerships with third countries should address causes and drivers of irregular migration and forced displacement. Such partnerships should provide a framework for better coordination of policies with third countries, and be based on human rights, rule of law and the respect of the Union’s common values. The Commission should evaluate the efficiency and fundamental rights compliance of those partnerships annually.

__________________

__________________

38 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.

38 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.

Amendment  17

 

Proposal for a regulation

Recital 15 a (new)

 

Text proposed by the Commission

Amendment

 

(15a) In order to take actions to promote joint objectives and cooperation with third countries, the Union should fully apply the Neighbourhood, Development and International Cooperation Instrument - Global Europe, established by Regulation (EU) 2021/947 of the European Parliament and of the Council1a.

 

__________________

 

1a Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1).

Amendment  18

 

Proposal for a regulation

Recital 15 b (new)

 

Text proposed by the Commission

Amendment

 

(15b) Capacity building measures in third countries carried out for the purposes of this Regulation should be limited to those set out in this Regulation and should uphold and promote the Union’s values, principles and fundamental interests and be in full compliance with fundamental rights and the rights set out in the Charter of Fundamental Rights, including the right to protection.

Amendment  19

 

Proposal for a regulation

Recital 16

 

Text proposed by the Commission

Amendment

(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member State.

(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a binding solidarity mechanism should be established which is effective and ensures swift access to fair and efficient procedures for granting international protection. Such a mechanism should provide for true solidarity as enshrined in Article 80 of the TFEU and should prioritise relocation while also allowing for capacity building measures within the Union. Measures should be predictable and able to adapt quickly to the evolving nature of the migratory challenges facing a Member States, in particular those under migratory pressure, including as a result of recurring arrivals by sea and through disembarkations following search and rescue operations. Relocation of applicants and beneficiaries should ensure that family and other meaningful links of the applicant are taken into account.

Amendment  20

 

Proposal for a regulation

Recital 16 a (new)

 

Text proposed by the Commission

Amendment

 

(16a) To ensure a smooth functioning of the relocation of applicants and beneficiaries under this Regulation, an EU Relocation Coordinator should be appointed by the Commission. The EU Relocation Coordinator should monitor and coordinate the operational aspects of relocations and should act as a central point of contact. The EU Relocation Coordinator should assist in solving conflicts arising between Member States in the implementation of this Regulation. The EU Relocation Coordinator should, in cooperation with the Asylum Agency, also promote coherent working methods for the verification of any meaningful links persons eligible for relocation might have with Member States of relocation. The office of the EU Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.

Amendment  21

 

Proposal for a regulation

Recital 17

 

Text proposed by the Commission

Amendment

(17) Given the need to ensure the smooth functioning of the solidarity mechanism established in this Regulation, a Solidarity Forum comprising the representatives of all Member States should be established and convened by the Commission.

(17) Given the need to ensure the smooth functioning of the solidarity mechanism established in this Regulation, a Solidarity Forum comprising the representatives of all Member States should be established and should be convened and chaired by the EU Relocation Coordinator on behalf of the Commission. The Asylum Agency and, where appropriate and invited by the EU Relocation Coordinator, the European Border and Coast Guard and the European Union Agency for Fundamental Rights, should participate in the Solidarity Forum. To ensure the effectiveness of the Solidarity Forum meetings, Member State representatives should be empowered to take decisions.

Amendment  22

 

Proposal for a regulation

Recital 18

 

Text proposed by the Commission

Amendment

(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure.

(18) Given the specific characteristics of recurring arrivals by sea, in particular of disembarkations, arising in the context of search and rescue operations, this Regulation should take into account the vulnerability of persons arriving from such disembarkations and provide for fast and effective solidarity measures.

Amendment  23

 

Proposal for a regulation

Recital 19

 

Text proposed by the Commission

Amendment

(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.

(19) The Commission should adopt annually a delegated act establishing a pool of solidarity contributions (‘the solidarity pool’) with the aim of assisting the Member State under migratory pressure or likely to be under such pressure, including where this pressure is caused by recurring arrivals by sea, including disembarkations following search and rescue operations or activities. Such measures should comprise applicants for international protection or beneficiaries of international protection or measures to strengthening of capacity in the field of asylum and reception, or operational support.

Amendment  24

 

Proposal for a regulation

Recital 19 a (new)

 

Text proposed by the Commission

Amendment

 

(19a) Where the annual solidarity pool has not been used, in whole or in part, at the end of a one year period, the anticipated solidarity contributions with regard to which no action has yet been taken as to their use should lapse.

Amendment  25

 

Proposal for a regulation

Recital 20

 

Text proposed by the Commission

Amendment

(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the Commission, with the assistance of Union Agencies, should facilitate the swift relocation of eligible applicants for international protection who are not in the border procedure. Under the coordination of the Commission, the European Union Asylum Agency and the European Border and Coast Guard Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member States.

(20) In order to provide a timely response to the situation of migratory pressure, the EU Relocation Coordinator should support the swift relocation of eligible applicants for and beneficiaries of international protection. The benefitting Member State, in close cooperation with the EU Relocation Coordinator and the contributing Member State and the Asylum Agency, should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member States. Applicants should be informed and consulted and should have the right to present relevant information in the procedure of determination of meaningful links.

Amendment  26

 

Proposal for a regulation

Recital 21

 

Text proposed by the Commission

Amendment

(21) Persons disembarked should be distributed in a proportionate manner among the Member States.

deleted

Amendment  27

 

Proposal for a regulation

Recital 22

 

Text proposed by the Commission

Amendment

(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third-country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorship.

(22) Member States’ contributions to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to distribute the remaining needs to be covered by relocation and the share of this number for each Member State calculated according to a reference key based on the population and the GDP of each Member State.

Amendment  28

 

Proposal for a regulation

Recital 23

 

Text proposed by the Commission

Amendment

(23) In order to ensure that support measures are available at all times to address the specific situation of disembarkations from search and rescue operations, where the number of disembarkations following search and rescue operation have reached 80% of the solidarity pools for one or more of the benefitting Member States, the Commission should adopt amended implementing acts increasing the total number of contributions by 50%.

(23) In order to ensure that solidarity contributions are available at all times, the solidarity forum should meet at least twice a year and as frequently as necessary.

Amendment  29

 

Proposal for a regulation

Recital 24

 

Text proposed by the Commission

Amendment

(24) The solidarity mechanism should also address situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.

deleted

Amendment  30

 

Proposal for a regulation

Recital 25

 

Text proposed by the Commission

Amendment

(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the relevant recommendations provided by the Asylum Agency and information gathered pursuant to the Union Mechanism for Preparedness and Management of Crisis related to Migration including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, transfer decisions issued and carried out, level of arrivals by sea including through disembarkations following search and rescue operations, vulnerabilities of asylum applicants and the capacity of a Member State in managing its asylum and reception caseload. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

Amendment  31

 

Proposal for a regulation

Recital 26

 

Text proposed by the Commission

Amendment

(26) Only persons who are more likely to have a right to stay in the Union should be relocated. Therefore, the scope of relocation of applicants for international protection should be limited to those who are not subject to the border procedure set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation].

deleted

Amendment  32

 

Proposal for a regulation

Recital 27

 

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039. Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

(27) The solidarity mechanism should include measures to ensure a fair sharing of responsibility and a balance of effort between Member States, also in the area of transfers within this Regulation. With the agreement of the benefitting Member State, a Member State should be able to commit to support a Member State under migratory pressure by taking responsibility for applications for international protections.

__________________

 

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

 

Amendment  33

 

Proposal for a regulation

Recital 28

 

Text proposed by the Commission

Amendment

(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be shared proportionately among the other Member States taking such measures.

(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to Member States. At the same time, where a Member State has examined twice the Union average per capita of applications for international protection over the preceding ten years, it should be possible for a Member State to request a reduction of 10 % of its share of the solidarity contribution to Member States under migratory pressure. That reduction should be shared proportionately among the other Member States taking such measures.

Amendment  34

 

Proposal for a regulation

Recital 29

 

Text proposed by the Commission

Amendment

(29) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.

deleted

Amendment  35

 

Proposal for a regulation

Recital 30

 

Text proposed by the Commission

Amendment

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

(30) In order to ensure a, comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the type and number of contributions to be made by each Member State. Such contributions should be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where the measures do not cover the identified need of the benefitting Member State. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.

Amendment  36

 

Proposal for a regulation

Recital 31

 

Text proposed by the Commission

Amendment

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

deleted

Amendment  37

 

Proposal for a regulation

Recital 32

 

Text proposed by the Commission

Amendment

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

(32) A Member State should be able to make, at its own initiative or at the request of another Member State, other contributions on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions may include relocations of applicants and beneficiaries of international protection and measures aimed at strengthening the capacity of the Member State in the field of asylum, reception, return and reintegration and operational support, including through cooperation with third countries. Those contributions are without prejudice of the solidarity contributions established in the implementing act.

Amendment  38

 

Proposal for a regulation

Recital 32 a (new)

 

Text proposed by the Commission

Amendment

 

(32a) Union bodies, offices and agencies in the field of asylum and border and migration management should be able to provide support to the Member States and the Commission in implementing this Regulation by providing expertise and operational support as foreseen by their respective mandates.

Amendment  39

 

Proposal for a regulation

Recital 33

 

Text proposed by the Commission

Amendment

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

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

Amendment  40

 

Proposal for a regulation

Recital 34

 

Text proposed by the Commission

Amendment

(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40. That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection.

(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40. That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible and with which applicants have meaningful links as set out in this Regulation, so as to guarantee swift and effective access to the fair and efficient procedures for granting international protection and not to compromise the objective of the rapid and fair processing of applications for international protection. Member State should provide applicants with all the relevant information regarding the application of this Regulation in a language that they understand.

__________________

__________________

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

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

Amendment  41

 

Proposal for a regulation

Recital 34 a (new)

 

Text proposed by the Commission

Amendment

 

(34a) In order to increase understanding of the CEAS and solidarity provided under this Regulation, it is necessary to improve the provision of information. Investing in the early provision of accessible information will greatly increase the likelihood that persons concerned by this regulation will understand the procedures linked to it. The Asylum Agency should in this regard develop suitable information material, in close cooperation with national authorities. That agency should also develop audio-visual information material complementary to written information material. The information material should be translated and made available in different languages.

Amendment  42

 

Proposal for a regulation

Recital 35

 

Text proposed by the Commission

Amendment

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

(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 and the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 of TFEU. To that end, the new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. The effective implementation of such solidarity contributions is a key prerequisite to the functioning of the whole CEAS.

__________________

__________________

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

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

Amendment  43

 

Proposal for a regulation

Recital 37

 

Text proposed by the Commission

Amendment

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

deleted

Amendment  44

 

Proposal for a regulation

Recital 38

 

Text proposed by the Commission

Amendment

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

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

Amendment  45

 

Proposal for a regulation

Recital 39

 

Text proposed by the Commission

Amendment

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

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

__________________

__________________

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

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

Amendment  46

 

Proposal for a regulation

Recital 40

 

Text proposed by the Commission

Amendment

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

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

Amendment  47

 

Proposal for a regulation

Recital 41

 

Text proposed by the Commission

Amendment

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

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

__________________

__________________

43 Directive XXX/XXX/EU (full text)

43 Directive XXX/XXX/EU (full text)

Amendment  48

 

Proposal for a regulation

Recital 43

 

Text proposed by the Commission

Amendment

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

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

Amendment  49

 

Proposal for a regulation

Recital 43 a (new)

 

Text proposed by the Commission

Amendment

 

(43a) Staff who deal with requests concerning unaccompanied minors should have received and continue to receive, appropriate training on the rights of the child and child psychology and development, and on risk assessment to target care and protection depending on the individual needs of the minor, with a specific focus on early identification of victims of trafficking in human beings and of abuse as well as training on good practices to prevent disappearance.

Amendment  50

 

Proposal for a regulation

Recital 44

 

Text proposed by the Commission

Amendment

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

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

Amendment  51

 

Proposal for a regulation

Recital 44 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  52

 

Proposal for a regulation

Recital 45

 

Text proposed by the Commission

Amendment

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

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

Amendment  53

 

Proposal for a regulation

Recital 46

 

Text proposed by the Commission

Amendment

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

(46) In order to ensure family unity, the processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated, with a view also to promoting integration and reduce unauthorised movements. This should be without prejudice to the right of an applicant to lodge an application individually.

Amendment  54

 

Proposal for a regulation

Recital 47

 

Text proposed by the Commission

Amendment

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

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

Amendment  55

 

Proposal for a regulation

Recital 48

 

Text proposed by the Commission

Amendment

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

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

Amendment  56

 

Proposal for a regulation

Recital 49

 

Text proposed by the Commission

Amendment

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

(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. Member States’ authorities should consider all available evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship. A light procedure should be envisaged to ensure swift family reunification and access to the asylum procedures for applicants where there are sufficient indicators that they are likely to have the right to family reunification.

Amendment  57

 

Proposal for a regulation

Recital 50

 

Text proposed by the Commission

Amendment

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

(50) Where persons are in possession of a diploma or other qualification, the Member State where the diploma was issued should be responsible for examining their application. This would ensure a swift examination of the application in the Member State with which the applicant has meaningful links based on such a diploma. Without prejudice to online training following restrictions imposed by Member States, online training or other forms of distance learning should not be considered to be relevant.

Amendment  58

 

Proposal for a regulation

Recital 51

 

Text proposed by the Commission

Amendment

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

deleted

Amendment  59

 

Proposal for a regulation

Recital 52

 

Text proposed by the Commission

Amendment

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

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

Amendment  60

 

Proposal for a regulation

Recital 53

 

Text proposed by the Commission

Amendment

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

(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the Member State and the applicant in the context of the procedure, of which the applicant should be duly informed in a timely manner. Information to applicants about rights and legal obligations should be provided in writing and, where necessary, also orally in a concise and transparent manner and, when the applicant is a minor, in a child-friendly manner. Applicants should fully cooperate with the competent authorities of the Member States in matters covered by this Regulation and they should be duly informed of the requirements and of the consequences of non-compliance. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.

Amendment  61

 

Proposal for a regulation

Recital 54

 

Text proposed by the Commission

Amendment

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

deleted

Amendment  62

 

Proposal for a regulation

Recital 55

 

Text proposed by the Commission

Amendment

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

(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded and is not available to the authorities, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does not request to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of the his or her obligations under this Regulation and of the consequences of not complying with them. The information should be provided in a language that the applicant understands and can communicate in, in a concise and easily accessible form, using clear and plain language.

Amendment  63

 

Proposal for a regulation

Recital 55 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  64

 

Proposal for a regulation

Recital 55 b (new)

 

Text proposed by the Commission

Amendment

 

(55b) In accordance with Directive 2011/36/EU1, particular attention should be paid to identifying victims of trafficking in human beings, in order to offer protection and prevent them for being trafficked further into the Union.

 

__________________

 

1 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).

Amendment  65

 

Proposal for a regulation

Recital 56

 

Text proposed by the Commission

Amendment

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

(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred.

Amendment  66

 

Proposal for a regulation

Recital 57

 

Text proposed by the Commission

Amendment

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

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

Amendment  67

 

Proposal for a regulation

Recital 58

 

Text proposed by the Commission

Amendment

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

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

Amendment  68

 

Proposal for a regulation

Recital 59

 

Text proposed by the Commission

Amendment

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

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

Amendment  69

 

Proposal for a regulation

Recital 62

 

Text proposed by the Commission

Amendment

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

(62) In order to ensure a clear and efficient relocation procedure, specific binding rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of relocation.

Amendment  70

 

Proposal for a regulation

Recital 63

 

Text proposed by the Commission

Amendment

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

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

Amendment  71

 

Proposal for a regulation

Recital 63 a (new)

 

Text proposed by the Commission

Amendment

 

(63a) Member States should take into account the support offered by cities and regions, as relocation and integration relies to a large extent on those actors. They are key players in the achievement of meaningful solidarity and successful relocation and integration trajectories. To that end, Member States should take measures to support local and regional authorities, such as by providing them with financial support, information, technical support, and by reducing unnecessary administrative barriers.

Amendment  72

 

Proposal for a regulation

Recital 64

 

Text proposed by the Commission

Amendment

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

(64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States in order to carry out transfers more efficiently. Such arrangements may include improving communication between competent departments, or reducing time limits and simplifying procedures.

Amendment  73

 

Proposal for a regulation

Recital 66

 

Text proposed by the Commission

Amendment

(66) A network of competent Member State authorities should be set up and facilitated by the European Union Agency for Asylum to enhance practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance.

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

Amendment  74

 

Proposal for a regulation

Recital 69

 

Text proposed by the Commission

Amendment

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

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

Amendment  75

 

Proposal for a regulation

Recital 70

 

Text proposed by the Commission

Amendment

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

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

__________________

__________________

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

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

Amendment  76

 

Proposal for a regulation

Recital 70 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  77

 

Proposal for a regulation

Recital 72

 

Text proposed by the Commission

Amendment

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

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

Amendment  78

 

Proposal for a regulation

Recital 73

 

Text proposed by the Commission

Amendment

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

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

Amendment  79

 

Proposal for a regulation

Recital 77

 

Text proposed by the Commission

Amendment

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

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

Amendment  80

 

Proposal for a regulation

Recital 78

 

Text proposed by the Commission

Amendment

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

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

Amendment  81

 

Proposal for a regulation

Article 1 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) sets out a common framework for the management of asylum and migration in the Union;

(a) sets out a common framework for the management of asylum and migration in the Union, and the functioning of the Common European Asylum System;

Amendment  82

 

Proposal for a regulation

Article 1 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) establishes a mechanism for solidarity;

(b) establishes a mechanism for solidarity and fair sharing of responsibility, as enshrined in Article 80 Treaty of the Functioning of the European Union (TFEU);

Amendment  83

 

Proposal for a regulation

Article 2 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) of the Treaty and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53 ;

(a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) of the TFEU and who is not a person enjoying the right of free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53;

__________________

__________________

53 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p. 1.

53 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p. 1.

Amendment  84

 

Proposal for a regulation

Article 2 – paragraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) ‘stateless person’ means a person who is not considered a national by any State under the operations of its law, as referred to in the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954;

Amendment  85

 

Proposal for a regulation

Article 2 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];

(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not been taken;

Amendment  86

 

Proposal for a regulation

Article 2 – paragraph 1 – point g – introductory part

 

Text proposed by the Commission

Amendment

(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the Member States:

(g) ‘family members’ means the following members of the applicant’s or beneficiary’s family who are present on the territory of the Member States:

Amendment  87

 

Proposal for a regulation

Article 2 – paragraph 1 – point g – point i

 

Text proposed by the Commission

Amendment

(i) the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,

(i) the spouse of the applicant or beneficiary or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,

Amendment  88

 

Proposal for a regulation

Article 2 – paragraph 1 – point g – point ii

 

Text proposed by the Commission

Amendment

(ii) the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,

(ii) the minor or adult dependent children of couples referred to in the first indent or of the applicant, or beneficiary regardless of whether they were born in or out of wedlock or adopted as defined or recognised under national law,

Amendment  89

 

Proposal for a regulation

Article 2 – paragraph 1 – point g – point iii

 

Text proposed by the Commission

Amendment

(iii) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,

(iii) where the applicant is a minor or adult dependent child, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,

Amendment  90

 

Proposal for a regulation

Article 2 – paragraph 1 – point g – point iv

 

Text proposed by the Commission

Amendment

(iv) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,

(iv) where the beneficiary of international protection is a minor or adult dependent child, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,

Amendment  91

 

Proposal for a regulation

Article 2 – paragraph 1 – point g – point v

 

Text proposed by the Commission

Amendment

(v) the sibling or siblings of the applicant;

(v) the sibling or siblings of the applicant or beneficiary;

Amendment  92

 

Proposal for a regulation

Article 2 – paragraph 1 – point g – point v a (new)

 

Text proposed by the Commission

Amendment

 

(va) by way of derogation from points (ii), (iii) and (iv), on the basis of an individual assessment, where the minor is married, the adult spouse constitutes a family member provided that the marriage is in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.

Amendment  93

 

Proposal for a regulation

Article 2 – paragraph 1 – point k

 

Text proposed by the Commission

Amendment

(k) representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary;

(k) guardian’ means a natural person or an organisation including a public body designated by the competent authorities in order to assist, and represent and act on behalf of an unaccompanied minor in procedures provided for in this Regulation in order to ensure that the unaccompanied minor can benefit from the rights and comply with the obligations under this Regulation, while safeguarding the best interests of the child and his or her well-being, and exercising legal capacity for the minor where necessary;

Amendment  94

 

Proposal for a regulation

Article 2 – paragraph 1 – point n

 

Text proposed by the Commission

Amendment

(n) ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a three months’ period of study in a recognised, state or regional programme of education or vocational training at least equivalent to level 2 of the International Standard Classification of Education, operated by an education establishment in accordance with national law or administrative practice of the Member States;

(n) ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a three months’ period of study achieved on the territory of a Member State in a recognised, state or regional programme of education or vocational training at least equivalent to level 2 of the International Standard Classification of Education, operated by an education establishment in accordance with national law or administrative practice of the Member States;

Amendment  95

 

Proposal for a regulation

Article 2 – paragraph 1 – point p

 

Text proposed by the Commission

Amendment

(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s control;

(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, for reasons which are not beyond the applicant’s control;

Amendment  96

 

Proposal for a regulation

Article 2 – paragraph 1 – point q

 

Text proposed by the Commission

Amendment

(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national law to believe that an applicant who is subject to a transfer procedure may abscond;

(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, following an individual assessment, which are based on objective criteria clearly defined by national law to believe that an applicant who is subject to a transfer procedure may abscond;

Amendment  97

 

Proposal for a regulation

Article 2 – paragraph 1 – point r

 

Text proposed by the Commission

Amendment

(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in Chapters I-III of Part IV of this Regulation;

(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity contributions as set out in Article 45 in situations of migratory pressure;

Amendment  98

 

Proposal for a regulation

Article 2 – paragraph 1 – point s

 

Text proposed by the Commission

Amendment

(s) ‘contributing Member State’ means a Member State that contributes or is obliged to contribute to the solidarity measures to a benefitting Member State set out in Chapters I-III of Part IV of this Regulation;

(s) ‘contributing Member State’ means a Member State that provides or is obliged to provide solidarity contributions to a benefitting Member State, as set out in Article 45;

Amendment  99

 

Proposal for a regulation

Article 2 – paragraph 1 – point t

 

Text proposed by the Commission

Amendment

(t) ‘sponsoring Member State’ means a Member State that commits to return illegally staying third-country nationals to the benefit of another Member State, providing the return sponsorship referred to in Article 55 of this Regulation;

deleted

Amendment  100

 

Proposal for a regulation

Article 2 – paragraph 1 – point t a (new)

 

Text proposed by the Commission

Amendment

 

(ta) ‘transfer’ means the action taken by the Member States and practical arrangements made by that Member State in order to take charge or to take back an applicant pursuant to Article 26 of this Regulation;

Amendment  101

 

Proposal for a regulation

Article 2 – paragraph 1 – point u

 

Text proposed by the Commission

Amendment

(u) ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting Member State to the territory of a contributing Member State;

(u) ‘relocation’ means transferral of an applicant or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State;

Amendment  102

 

Proposal for a regulation

Article 2 – paragraph 1 – point v

 

Text proposed by the Commission

Amendment

(v) ‘search and rescue operations’ means operations of search and rescue as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979;

(v) ‘search and rescue operations’ means operations of search and rescue activities, as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No 656/2014 of the European Parliament and of the Council1a;

 

_______________________

 

1a Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 189, 27.6.2014, p. 93).

Amendment  103

 

Proposal for a regulation

Article 2 – paragraph 1 – point w

 

Text proposed by the Commission

Amendment

(w) ‘migratory pressure’ means a situation where there is a large number of arrivals of third-country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action;

(w) ‘migratory pressure’ means, without prejudice to the definition of crisis in Article XX of Regulation (EU) xx/xx [Crisis Regulation], a situation, whereby the arrivals or applications of third-country nationals or stateless persons, including recurring arrivals by sea, in particular disembarkations following search and rescue operations and activities place a disproportionate responsibility even on well-prepared asylum, reception and migration systems, which requires solidarity contributions pursuant to Article 45 of this Regulation;

Amendment  104

 

Proposal for a regulation

Article 2 – paragraph 1 – point w a (new)

 

Text proposed by the Commission

Amendment

 

(wa) ‘reception conditions’ means the reception conditions, as defined in Article 2(6) of Directive (EU) XXX/XXX [Reception Conditions Directive];

Amendment  105

 

Proposal for a regulation

Article 2 – paragraph 1 – point x a (new)

 

Text proposed by the Commission

Amendment

 

(xa) ‘EU Relocation Coordinator’ means the person appointed by the Commission and with the mandate as defined in Article 58 a of this Regulation;

Amendment  106

 

Proposal for a regulation

Article 2 – paragraph 1 – point z

 

Text proposed by the Commission

Amendment

(z) ‘return decision’ means an administrative or judicial decision or act stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to return that respects Directive 2008/115/EC of the European Parliament and of the Council54;

deleted

__________________

 

54 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.

 

Amendment  107

 

Proposal for a regulation

Article 2 – paragraph 1 – point aa

 

Text proposed by the Commission

Amendment

(aa) ‘illegally staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State.

deleted

Amendment  108

 

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

The Union and the Member States shall take actions in the field of asylum and migration management on the basis of a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components:

The Union and the Member States shall take common actions in the field of asylum and migration management on the basis of a comprehensive approach including the principle of integrated policy-making, in compliance with international and Union law, ensuring coherence between asylum and migration management policies and consisting of the following components:

Amendment  109

 

Proposal for a regulation

Article 3 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmission;

deleted

Amendment  110

 

Proposal for a regulation

Article 3 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) full implementation of the common visa policy;

deleted

Amendment  111

 

Proposal for a regulation

Article 3 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) effective management and prevention of irregular migration;

deleted

Amendment  112

 

Proposal for a regulation

Article 3 – paragraph 1 – point e

 

Text proposed by the Commission

Amendment

(e) effective management of the Union’s external borders, based on the European integrated border management;

(e) effective management of the Union’s external borders, based on the European integrated border management as set out in Article 3 of Regulation (EU) 2019/1896 of the European Parliament and of the Council1a;

 

_________________

 

1a Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

Amendment  113

 

Proposal for a regulation

Article 3 – paragraph 1 – point g

 

Text proposed by the Commission

Amendment

(g) access to procedures for granting and withdrawing international protection on Union territory and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;

(g) swift access to fair and efficient procedures for granting international protection on Union territory, including at Union borders and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;

Amendment  114

 

Proposal for a regulation

Article 3 – paragraph 1 – point h

 

Text proposed by the Commission

Amendment

(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity;

(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity, as enshrined in Article 80, TFEU;

Amendment  115

 

Proposal for a regulation

Article 3 – paragraph 1 – point i

 

Text proposed by the Commission

Amendment

(i) access for applicants to adequate reception conditions;

(i) access for applicants to adequate reception conditions, in accordance with the Reception Conditions Directive;

Amendment  116

 

Proposal for a regulation

Article 3 – paragraph 1 – point j

 

Text proposed by the Commission

Amendment

(j) effective management of the return of illegally staying third-country nationals;

(j) return of irregularly staying third-country nationals in accordance with the Return Directive;

Amendment  117

 

Proposal for a regulation

Article 3 – paragraph 1 – point l

 

Text proposed by the Commission

Amendment

(l) measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the Union, including illegal employment;

deleted

Amendment  118

 

Proposal for a regulation

Article 3 – paragraph 1 – point m

 

Text proposed by the Commission

Amendment

(m) full deployment and use of the operational tools set up at Union level, notably the European Border and Coast Guard Agency, the Asylum Agency, EU-LISA and Europol, as well as large-scale Union Information Technology systems;

(m) where applicable, deployment and use of the operational tools set up at Union level, notably the Asylum Agency;

Amendment  119

 

Proposal for a regulation

Article 3 – paragraph 1 – point n

 

Text proposed by the Commission

Amendment

(n) full implementation of the European framework for preparedness and management of crisis.

deleted

Amendment  120

 

Proposal for a regulation

Article 4

 

Text proposed by the Commission

Amendment

Article 4

deleted

Principle of integrated policy-making

 

1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.

 

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.

 

3. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure.

 

Amendment  121

 

Proposal for a regulation

Article 4 a (new)

 

Text proposed by the Commission

Amendment

 

Article 4a

 

A long-term European Asylum and Migration Management Strategy

 

The Commission shall adopt a five-year European Asylum and Migration Management Strategy (the ‘Strategy’) setting out the strategic approach to ensure access to asylum procedures and the functioning and implementation of asylum and migration policies at Union level, in accordance with the principles set out in this Part and in Union primary law and applicable international law. The Commission shall transmit the Strategy to the European Parliament and the Council.

 

The first Strategy shall be adopted by ... [18 months after the entry of this Regulation] and every five years thereafter.

 

The Strategy shall include the components listed in Article 3, and also take into account:

 

(a) the implementation of the national asylum and migration management strategies of the Member States, referred to in Article 5, and their compliance with Union and international law;

 

(b) relevant information gathered by the Commission under the Commission Recommendation No XXX on an European Preparedness and Crisis Management Mechanism (the ‘Migration Preparedness and Crisis Blueprint’);

 

(c) information collected by the Commission and the Asylum Agency on implementation of the asylum acquis;

 

(d) information gathered from the European External Action Service and relevant Union bodies, offices and agencies, in particular reports by the Asylum Agency, European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights;

 

(e) any other relevant information, including from Member States, monitoring authorities, international organisations, and any other relevant body and organisations;

 

(f) the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights.

Amendment  122

 

Proposal for a regulation

Article 4 b (new)

 

Text proposed by the Commission

Amendment

 

Article 4b

 

Annual Situational Report

 

1. The Commission shall monitor and provide information on the asylum, reception and migratory situation over the previous 12 month period as a whole through annual situational reports based on qualitative data and information provided by the Member States, the European External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, the European Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Fundamental Rights, and other relevant bodies, offices, agencies or organisations. The Commission shall transmit the annual situational reports to the European Parliament and the Council by [...] of each year.

 

The annual situational reports shall include:

 

(a) the total number of applications for international protection and the nationalities of the applicants, including the numbers of applications lodged by unaccompanied minors and other vulnerable persons;

 

(b) the reception capacity of the Member States;

 

(c) the number of third-country nationals who have been identified by Member States authorities that do not fulfil the conditions for entry, stay or residence in the Member State, including overstayers within the meaning of Article 3(1), point (19), of Regulation (EU) 2017/2226 of the European Parliament and of the Council1a;

 

(d) the number of return decisions issued by the Member States and the number of third-country nationals who left the territory of the Member States in accordance with a return decision;

 

(e) the number of third-country nationals admitted by the Member States through resettlement or humanitarian admission schemes;

 

(f) the number of incoming and outgoing take charge or take back requests, the number of transfer decisions and the numbers of transfers carried out in accordance with this Regulation;

 

(g) the number and nationality of third-country nationals disembarked following search and rescue operations and activities, and the number of applications for international protection lodged by those third-country nationals;

 

(h) the Member States which experienced recurring arrivals by sea, in particular through disembarkations following search and rescue operations and activities;

 

(i) the number of third-country nationals subject to the border procedure provided for in Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and their nationalities;

 

(j) the support provided by Union bodies, offices and agencies to the benefitting Member States;

 

(k) an annual evaluation of the implementation of the Strategy.

 

2. In addition to the annual situational reports, the Commission shall, where necessary or upon request, provide information to the European Parliament and to the Council on the asylum, reception and migratory situation.

 

_________________________

 

1a Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).

Amendment  123

 

Proposal for a regulation

Article 4 c (new)

 

Text proposed by the Commission

Amendment

 

Article 4c

 

Projected Annual Solidarity Needs

 

1. The Commission shall, together with the transmission of the annual situational report as referred to in Article 4b, adopt a delegated act in accordance with Article 68, setting out the anticipated evolution of the migratory situation in the Member States and anticipated number of arrivals, including arrivals by sea, in particular through disembarkation following search and rescue operations or activities, in the following 12 months.

 

That delegated act shall also identify the Member States that experienced recurring arrivals by sea, in particular through disembarkation following search and rescue operations or activities in the previous 12 months.

 

2. Where the Commission anticipates that one or more Member States could face a situation of migratory pressure, the delegated act shall also, for the upcoming year, set out the projected annual solidarity needs in the form of:

 

(a) the total number of required relocations pursuant to Article 45(1), points (a) and (c);

 

(b) the total number of required relocations allocated for applicants arriving by sea, in particular through disembarkation following search and rescue operations or activities;

 

(c) the total need of capacity-building measures pursuant to Article 45(2a).

 

The delegated act shall give priority to measures set out in Article 45(1).

 

The Commission shall consult with the Member State of Member States identified.

 

3. Where a Member State is identified as having experienced recurring arrivals by sea, in particular through disembarkation following search and rescue operations or activities in the previous 12 months, the Commission shall, for the purpose of paragraph 2, in any case consider that that Member State could face a situation of migratory pressure.

 

4. The Commission shall review the evolution of the migratory situation six months after the adoption of the delegated act, taking into account qualitative data and information from relevant agencies, bodies, offices, agencies or organisations.

 

The Commission shall transmit the review to the European Parliament and to the Council.

 

5. Where necessary, the Commission shall amend the delegated act by adjusting the anticipated number of arrivals, including by sea, in particular through disembarkation following search and rescue operations or activities, the projected annual solidarity needs as well as the indication as regards their type and increase.

Amendment  124

 

Proposal for a regulation

Article 5 – title

 

Text proposed by the Commission

Amendment

Principle of solidarity and fair sharing of responsibility

Principle of solidarity and fair sharing or responsibility and the duties of the Member States

Amendment  125

 

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:

1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility as enshrined in Article 80, TFEU, and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies.

Amendment  126

 

Proposal for a regulation

Article 5 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. In fulfilling their duties, Member States shall:

Amendment  127

 

Proposal for a regulation

Article 5 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally staying;

(a) establish and maintain national asylum and migration management systems that provide access to international and national protection procedures, provide and invest in adequate reception and grant such protection to those who are in need and ensure the effective and dignified return of those who are irregularly staying;

Amendment  128

 

Proposal for a regulation

Article 5 – paragraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(a a) ensure that sufficient funding and qualified and well-trained staff is allocated in all circumstances and, where they consider it necessary or where applicable, request support from Union bodies, offices and agencies for that purpose;

Amendment  129

 

Proposal for a regulation

Article 5 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling;

(b) take all measures necessary and proportionate, in full compliance with fundamental rights, to reduce and prevent irregular migration, including the prevention and fight against migrant smuggling and human trafficking, whilst protecting the rights of smuggled and trafficked people;

Amendment  130

 

Proposal for a regulation

Article 5 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III;

(c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III and Chapter I of Part IV;

Amendment  131

 

Proposal for a regulation

Article 5 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

(d) provide effective support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

Amendment  132

 

Proposal for a regulation

Article 5 – paragraph 1 – point e

 

Text proposed by the Commission

Amendment

(e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.

deleted

Amendment  133

 

Proposal for a regulation

Article 5 – paragraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

1b. When implementing their obligations under paragraph 1a, Member States shall cooperate closely.

Amendment  134

 

Proposal for a regulation

Article 5 – paragraph 1 c (new)

 

Text proposed by the Commission

Amendment

 

1c. Member States shall have national strategies in place that establish the strategic approach to ensure they have the capacity to effectively implement their asylum and migration management system, in full compliance with their obligations under Union and international law, taking into account their specific situation, especially their geographical location. The Commission and relevant Union bodies, offices and agencies, in particular the Asylum Agency shall, within their respective mandates, be able to support the Member States when establishing their national strategies. Those strategies shall, at least, include:

 

(a) preventive measures to reduce the risk of migratory pressure and contingency planning, taking into account the contingency planning pursuant to Regulation (EU) 2021/2303 of the European Parliament and of the Council1a, Regulation (EU) 2019/1896 and Directive (EU) XXX/XXX [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint;

 

(b) information on how the Member States implement the principles set out in this Part and legal obligations stemming therefrom at national level;

 

(c) the results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Regulation (EU) 2022/922 as well as of the monitoring carried out in accordance with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation].

 

The national strategies shall take into account other relevant strategies and existing support measures in particular those support measures under Regulation (EU) 2021/1147 of the European Parliament and of the Council1b and Regulation (EU) 2021/2303 and be coherent with and complementary to the national strategies for European integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896.

 

When establishing their national strategies, Member States shall consult local and regional authorities.

 

Member States shall transmit their national asylum and migration management strategies to the Commission six months before the adoption of the Strategy as referred to in Article 4a.

 

__________________

 

1a Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021, p. 1).

 

1b Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund (OJ L 251, 15.7.2021, p. 1).

Amendment  135

 

Proposal for a regulation

Article 5 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [Integrated Border Management Fund].

2. Financial and operational support by the Union for implementation of the obligations, including operational support from its agencies, shall be provided in accordance with the Regulation (EU) 2021/2303, Regulation (EU) 2019/1986, Regulation (EU) 2021/1147and Regulation (EU) 2021/11481a.

 

__________________

 

1a Regulation (EU) 2021/1148 of the European Parliament and of the Council of 7 July 2021 establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy (OOJ L 251, 15.7.2021, p. 48).

Amendment  136

 

Proposal for a regulation

Article 6

 

Text proposed by the Commission

Amendment

[...]

deleted

Amendment  137

 

Proposal for a regulation

Article 6 a (new)

 

Text proposed by the Commission

Amendment

 

Article 6a

 

Governance and monitoring of the asylum and migration management

 

1. The Commission, the Council and the Member States shall ensure the consistent implementation of asylum and migration management policies, including both the internal and external components of those policies, in consultation with and with full respect for the competencies of the institutions and agencies of the Union and Member States responsible for external policies.

 

2. The Commission, the Council and the Member States, acting within their respective competences, shall be responsible for the implementation of the asylum and migration management policies that comply fully with Union and international law, including with regard to fundamental rights, taking into account the comprehensive approach referred to in Article 3.

Amendment  138

 

Proposal for a regulation

Article 7

 

Text proposed by the Commission

Amendment

Article 7

deleted

Cooperation with third countries to facilitate return and readmission

 

1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country.

 

2. Where the Commission considers it appropriate, it shall also identify in its report measures designed to promote cooperation among the Member States to facilitate the return of illegal staying third-country nationals.

 

3. On the basis of the report referred to in paragraph 1, the Commission and the Council, within their respective competencies, shall consider the appropriate actions taking into account the Union’s overall relations with the third country.

 

4. The Commission shall keep the European Parliament regularly informed of the implementation of this Article.

 

__________________

 

57 Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1.

 

Amendment  139

 

Proposal for a regulation

Article 7 a (new)

 

Text proposed by the Commission

Amendment

 

Article 7a

 

Cooperation with third countries on asylum, border and migration management

 

1. The Union and the Member States shall promote and build tailor-made and mutually beneficial partnerships and close cooperation with relevant third countries, in order to

 

(i) promote legal migration and well-managed mobility for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States;

 

(ii) support partners hosting large numbers of migrants and refugees in need of protection and build their operational capacities;

 

(iii) strengthen bilateral, regional and international partnerships on migration, forced displacement, legal pathways and mobility partnerships;

 

(iv) support effective and human rights based migration policies;

 

(v) reduce the vulnerabilities caused by human trafficking and smuggling;

 

(vi) address drivers of irregular migration and forced displacement;

 

(vii) enhance readmission and reintegration.

 

2. The partnerships and close cooperation with third countries shall be implemented in compliance with Union law and based on human rights, rule of law and respect of Union’s common values.

 

3. The Commission and Member States shall also take measures to assess and promote other measures designed to foster and enhance mutually benefitting cooperation with third countries.

 

4. The Commission, the Council, and the Member States shall, within their respective competences, take actions which promote joint objectives and cooperation with third countries to address causes and drivers of irregular migration and forced displacement, applying fully the Neighbourhood, Development and International Cooperation Instrument - Global Europe.

 

5. In the application of this Article, the Commission shall, in particular, consider reports by the Asylum Agency, the European Border and Coast Guard Agency, Europol, the European Court of Auditors and the European External Action Service.

 

6. The Commission shall on an annual basis evaluate the efficiency and fundamental rights compliance of the partnerships referred to in the first paragraph, as well as the implementation of this Article, and report to the European Parliament and the Council.

 

The evaluation shall include an assessment of the objectives of external policies as elaborated in Article 21 TEU and assessment of the impact those potential actions may have in the fields of migration, peace and security, development and poverty eradication.

Amendment  140

 

Proposal for a regulation

Article 8 – title

 

Text proposed by the Commission

Amendment

Access to the procedure for examining an application for international protection

The procedure for determining the Member State responsible for examining an application for international protection

Amendment  141

 

Proposal for a regulation

Article 8 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsible.

1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State at a time, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsible.

Amendment  142

 

Proposal for a regulation

Article 8 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it.

2. Where no Member State can be designated as responsible for the examination of the application for international protection on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it, pursuant to Article 21.

Amendment  143

 

Proposal for a regulation

Article 8 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Where it is impossible for a Member State to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible.

3. Where it is impossible for a Member State to transfer an applicant or a beneficiary of international protection to the Member State primarily designated as responsible because there are substantial grounds for believing that there is a real risk of violations of the applicant’s fundamental rights or there are systemic flaws in the asylum procedure or in the reception conditions for applicants or the beneficiaries of international protection in that Member State, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible.

Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.

Where a Member State cannot carry out the transfer pursuant to the first subparagraph and cannot establish whether another Member State can be designated as responsible on the basis of the criteria set out in Chapter II of Part III or to the first Member State with which the application was registered, that Member State shall become the Member State responsible for the examination of that application for international protection.

Amendment  144

 

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.

If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a threat to internal security of that Member State, as soon as possible, at the latest within three days after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.

Amendment  145

 

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has been carried out, but the first Member State in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State, that Member State shall carry out the examination as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.

If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has been carried out, but the first Member State in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider the applicant a threat to internal security of that Member State, that Member State shall carry out the examination as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.

Amendment  146

 

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 3

 

Text proposed by the Commission

Amendment

Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a danger to national security or public order of the Member State carrying out the security check, that Member State shall be the Member State responsible.

Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a threat to internal security of the Member State carrying out the security check, that Member State shall be the Member State responsible.

Amendment  147

 

Proposal for a regulation

Article 8 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Each Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down in Regulation (EU) XXX/XXX [Asylum Procedure Regulation].

deleted

Amendment  148

 

Proposal for a regulation

Article 9 – title

 

Text proposed by the Commission

Amendment

Obligations of the applicant

Cooperation of the applicant with the competent authorities

Amendment  149

 

Proposal for a regulation

Article 9 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first entry.

1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first entry or the Member State in which that third-country national or stateless person is legally present.

Amendment  150

 

Proposal for a regulation

Article 9 – paragraph 2

 

Text proposed by the Commission

Amendment

2. By derogation from paragraph 1, where a third-country national or stateless person is in possession of a valid residence permit or a valid visa, the application shall be made and registered in the Member State that issued the residence permit or visa.

2. By derogation from paragraph 1, where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or a visa, either valid or which has expired, the application shall be made and registered in the Member State that issued the residence permit or visa.

Where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or visa which has expired, the application shall be made and registered in the Member State where he or she is present.

 

Amendment  151

 

Proposal for a regulation

Article 9 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority may set a time limit within the period referred to in Article 29(1) for submitting such evidence.

3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting and disclosing, as soon as possible all the elements and information available to him or her to determine the Member State responsible. The competent authority shall set a reasonable time limit within the period referred to in Article 29(1) for submitting such evidence, taking into account the circumstances of the individual case and shall inform the applicant thereof.

Amendment  152

 

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The competent authorities shall consider elements and information submitted also after a take charge request is sent if the elements or information are of such nature that they provide key and reliable evidence which is crucial for determining the Member State responsible, in particular regarding unaccompanied minors and family reunification.

Amendment  153

 

Proposal for a regulation

Article 9 – paragraph 4 – introductory part

 

Text proposed by the Commission

Amendment

4. The applicant shall be required to be present in:

4. The applicant shall be required, within reason, to be present and to remain available to the competent authorities or judicial authorities in:

Amendment  154

 

Proposal for a regulation

Article 9 – paragraph 4 – point c

 

Text proposed by the Commission

Amendment

(c) the Member State of relocation following a transfer pursuant to Article 57(9).

(c) the Member State of relocation following a transfer pursuant to Article 57(8).

Amendment  155

 

Proposal for a regulation

Article 9 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Where a transfer decision is notified to the applicant in accordance with Article 32(2) and Article 57(8), the applicant shall comply with that decision.

5. Where a transfer or relocation decision is final and notified to the applicant in accordance with Article 32(2) and Article 57(7), the applicant shall comply with that decision.

Amendment  156

 

Proposal for a regulation

Article 9 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5a. Member States shall take into account the individual circumstances of the applicant when applying this Article.

Amendment  157

 

Proposal for a regulation

Article 10

 

Text proposed by the Commission

Amendment

Article 10

deleted

Consequences of non-compliance

 

1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.

 

2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall not be taken into account by the competent authorities.

 

Amendment  158

 

Proposal for a regulation

Article 10 a (new)

 

Text proposed by the Commission

Amendment

 

Article 10a

 

Reception conditions in a Member State other than the one in which the applicant is required to be present

 

1. Before applying Article 17a of Directive (EU) xxx/xxx [Reception Conditions Directive], Member States shall ensure that the applicant has been duly informed of the requirement set out in Article 9(4) of this Regulation and of the consequences of non-compliance with that requirement pursuant to Article 8(2), point (b), of Regulation (EU) xxx/xxx [Screening Regulation].

 

2. Paragraph 1 shall not apply if the applicant is present in a Member State other than the Member State where he or she is required to be present and where his or her presence is due to reasons beyond his or her control.

 

3. Member States shall take into account the individual circumstances of the applicant, including the real risk of violations of fundamental rights in the Member State where the applicant is required to be present, when applying this Article. Any measures taken by the Member States shall be proportionate.

Amendment  159

 

Proposal for a regulation

Article 11 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. As soon as possible and at the latest when an application for international protection is registered in a Member State, its competent authorities shall inform the applicant of the application of this Regulation and of the obligations set out in Article 9 as well as the consequences of non-compliance set out in Article 10, and in particular:

1. As soon as possible and in any event by the date when an application for international protection is registered in a Member State, its competent authorities shall provide the applicant with information of the application of this Regulation. That information shall include in particular information on:

Amendment  160

 

Proposal for a regulation

Article 11 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) that the right to apply for international protection does not encompass a choice by the applicant in relation to either the Member State responsible for examining the application for international protection or the Member State of relocation;

deleted

Amendment  161

 

Proposal for a regulation

Article 11 – paragraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) the objectives of this Regulation;

Amendment  162

 

Proposal for a regulation

Article 11 – paragraph 1 – point a b (new)

 

Text proposed by the Commission

Amendment

 

(ab) the cooperation expected by the applicant with the competent authorities as set out in Article 9;

Amendment  163

 

Proposal for a regulation

Article 11 – paragraph 1 – point a c (new)

 

Text proposed by the Commission

Amendment

 

(ac) a statement to the effect that the right to apply for international protection does not encompass a choice by the applicant as to which Member State is responsible for examining the application for international protection or is the Member State of relocation;

Amendment  164

 

Proposal for a regulation

Article 11 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present pursuant to Article 9(4), in particular that the applicant shall only be entitled to the reception conditions as set out in Article 10(1);

(b) the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present during the phases of determining the Member State responsible, in particular Article 10(1);

Amendment  165

 

Proposal for a regulation

Article 11 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration;

(c) the criteria of this Regulation and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the specific criteria applied by the determining Member States in the individual case;

Amendment  166

 

Proposal for a regulation

Article 11 – paragraph 1 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) the provisions relating to family reunification and, in that regard, the applicable definition of family members and relatives;

Amendment  167

 

Proposal for a regulation

Article 11 – paragraph 1 – point d

 

Text proposed by the Commission