En En Amendments

European Parliament 2014-2019

Committee on Civil Liberties, Justice and Home Affairs

2016/0133(COD)

4.4.2017

AMENDMENTS 286 - 534

Draft report Cecilia Wikström (PE599.751v02-00)

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 (recast)

Proposal for a regulation (COM(2016)0270 – C8-0173/2016 – 2016/0133(COD))

AM\1122580EN.docx PE602.907v01-00

EN United in diversity EN AM_Com_LegReport

PE602.907v01-00 2/156 AM\1122580EN.docx EN Amendment 286 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Kati Piri, Miriam Dalli, Péter Niedermüller, Dietmar Köster

Proposal for a regulation Article 1 – paragraph 1

Text proposed by the Commission Amendment

This Regulation lays down the criteria and This Regulation lays down the criteria and mechanisms for determining the single mechanisms for determining the Member Member State responsible for examining State responsible for examining an an application for international protection application for international protection lodged in one of the Member States by a lodged in one of the Member States by a third-country national or a stateless person third-country national or a stateless person (‘the Member State responsible’). (‘the Member State responsible’).

Or. en

Justification

In accordance with the deletion of the principle of permanent responsibility, this article should be amended accordingly.

Amendment 287 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Eleonora Evi, Piernicola Pedicini, David Borrelli, Tiziana Beghin, Rosa D'Amato, Marco Zullo, Daniela Aiuto, Laura Agea, Isabella Adinolfi, Dario Tamburrano, Marco Valli

Proposal for a regulation Article 1 – paragraph 1

Text proposed by the Commission Amendment

AM\1122580EN.docx 3/156 PE602.907v01-00 EN Or. it

Amendment 288 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) ‘third-country national’ means any (a) ‘third-country national’ means any person who is not a citizen of the Union person who is not a citizen of the Union within the meaning of Article 20(1) TFEU within the meaning of Article 20(1) TFEU, and who is not national of a State which including stateless persons pursuant to participates in this Regulation by virtue of Article 1(1) of the 1954 Convention an agreement with the Union; Relating to the Status of Stateless Persons, and who is not national of a State which participates in this Regulation by virtue of an agreement with the Union;

Or. en

Justification

This amendment adds a clarification that seeks to remedy inconsistencies in the current text, where stateless persons are mentioned in the definition of beneficiaries of international protection.

Amendment 289 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Péter Niedermüller

Proposal for a regulation Article 2 – paragraph 1 – point a

Text proposed by the Commission Amendment

PE602.907v01-00 4/156 AM\1122580EN.docx EN participates in this Regulation by virtue of an agreement with the Union;

Or. en

Justification

Taking into consideration Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, the shadow rapporteur believes that this notion should be included in the definition of “third country nationals”.

Amendment 290 Raymond Finch

Proposal for a regulation Article 2 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) ‘application for international (b) ‘application for international protection’ means an application for protection’ means an application for international protection as defined in international protection as defined in the Article 2(h) of Directive 2011/95/EU; 1951 Geneva Convention;

Or. en

Justification

Directive 2011/95/EU expands the scope for those who are eligible for international protection beyond what is set out in the 1951 Geneva Convention. This therefore encourages more migrants to make the dangerous trip to Europe in search of international protection. The 1951 Geneva Convention definitions are sufficient enough to cover this. Member States may expand the scope of the 1951 Geneva Convention if they wish to do so.

Amendment 291 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point c

Text proposed by the Commission Amendment

AM\1122580EN.docx 5/156 PE602.907v01-00 EN in respect of which a final decision has not Relating to the Status of Stateless yet been taken; Persons, who has made an application for international protection in respect of which a final decision has not yet been taken;

Or. en

Justification

This amendment adds a clarification that seeks to remedy inconsistencies in the current text, where stateless persons are mentioned in the definition of beneficiaries of international protection.

Amendment 292 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Kati Piri, Maria Grapini, Péter Niedermüller, Dietmar Köster

Proposal for a regulation Article 2 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) ‘applicant’ means a third-country (c) ‘applicant’ means a third-country national or a stateless person who has made national or a stateless person pursuant to an application for international protection Article 1(1) of the 1954 Convention in respect of which a final decision has not Relating to the Status of Stateless Persons yet been taken; who has made an application for international protection in respect of which a final decision has not yet been taken;

Or. en

Justification

Amendment 293 Raymond Finch

Proposal for a regulation Article 2 – paragraph 1 – point d

PE602.907v01-00 6/156 AM\1122580EN.docx EN Text proposed by the Commission Amendment

(d) ‘examination of an application for (d) ‘examination of an application for international protection’ means any international protection’ means any examination of, or decision or ruling examination of, or decision or ruling concerning, an application for international concerning, an application for international protection by the competent authorities in protection by the competent authorities in accordance with Directive 2013/32/EU accordance with the 1951 Geneva and Directive 2011/95/EU, except for Convention; procedures for determining the Member State responsible in accordance with this Regulation;

Or. en

Justification

Amendment 294 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point f

Text proposed by the Commission Amendment

(f) ‘beneficiary of international (f) ‘beneficiary of international protection’ means a third-country national protection’ means a third-country national or a stateless person who has been granted or a stateless person pursuant to Article international protection as defined in 1(1) of the 1954 Convention Relating to Article 2(a) of Directive 2011/95/EU; the Status of Stateless Persons, who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;

Or. en

Justification

This is a clarification that is inextricably linked to my amendments on stateless persons.

AM\1122580EN.docx 7/156 PE602.907v01-00 EN Amendment 295 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Kati Piri, Maria Grapini, Péter Niedermüller, Dietmar Köster

Proposal for a regulation Article 2 – paragraph 1 – point f

Text proposed by the Commission Amendment

(f) ‘beneficiary of international (f) ‘beneficiary of international protection’ means a third-country national protection’ means a third-country national or a stateless person who has been granted or a stateless person pursuant to Article international protection as defined in 1(1) of the 1954 Convention Relating to Article 2(a) of Directive 2011/95/EU; the Status of Stateless Person who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;

Or. en

Justification

Amendment 296 Raymond Finch

Proposal for a regulation Article 2 – paragraph 1 – point f

Text proposed by the Commission Amendment

(f) ‘beneficiary of international (f) ‘beneficiary of international protection’ means a third-country national protection’ means a third-country national or a stateless person who has been granted or a stateless person who has been granted international protection as defined in international protection as defined in the Article 2(a) of Directive 2011/95/EU; 1951 Geneva Convention;

Or. en

Justification

Directive 2011/95/EU expands the scope for those who are eligible for international protection beyond what is set out in the 1951 Geneva Convention. This therefore encourages

PE602.907v01-00 8/156 AM\1122580EN.docx EN more migrants to make the dangerous trip to Europe in search of international protection. The 1951 Geneva Convention definitions are sufficient enough to cover this. Member States may expand the scope of the 1951 Geneva Convention if they wish to do so.

Amendment 297 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point g – introductory part

Text proposed by the Commission Amendment

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

Or. en

Justification

This amendment seeks to delete the temporal restriction of the text by deleting the words "before ... States". The logic of the text then requires the additional deletion of the words "insofar ... existed".

Amendment 298 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Article 2 – paragraph 1 – point g – introductory part

Text proposed by the Commission Amendment

Or. en

AM\1122580EN.docx 9/156 PE602.907v01-00 EN Justification

This amendment is needed to maintain the logic of the text as it should serve to ensure the realisation of the applicant’s right to family life and enhance the system's capacity to determine efficiently and effectively a single Member State responsible for examining the application for international protection as the European Commission highlights in its explanatory memorandum accompanying the proposed recast Regulation. This amendment is inextricably linked to the admissible amendments to Recital 19 and Article 41(2).

Amendment 299 Daniel Dalton, Helga Stevens, Branislav Škripek

Proposal for a regulation Article 2 – paragraph 1 – point g – introductory part

Text proposed by the Commission Amendment

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

Or. en

Justification

This extension of the definition of family member opens up so many potential loopholes, for example families formed "before the applicant arrived on the territory of the Member States" could extend to spouses married several days before crossing the border into a Member State and this is potentially very open to abuse. Member States are already having difficulty with implementation with the current definition, therefore we do not see the added value in increasing the scope and making it harder for Member States to implement properly.

Amendment 300 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 1

Text proposed by the Commission Amendment

- the spouse of the applicant or his or - the spouse of the applicant or his or her unmarried partner in a stable her unmarried partner in a stable

PE602.907v01-00 10/156 AM\1122580EN.docx EN relationship, where the law or practice of relationship, where the law or practice of the Member State concerned treats the Member State concerned treats unmarried couples in a way comparable to unmarried couples in a way comparable to married couples under its law relating to married couples under its law relating to third-country nationals, third-country nationals, where a Member State does not recognise such a relationship, the applicant(s) shall be relocated to a Member State where such a relationship is recognized;

Or. en

Justification

This amendment is needed to maintain the logic of the text as it should serve to ensure the realisation of the applicant's right to family life and enhance the system's capacity to determine efficiently and effectively a single Member State responsible for examining the application for international protection as the European Commission highlights in its explanatory memorandum accompanying the proposed recast Regulation. This amendment is inextricably linked to the admissible amendments to Recital 19 and Article 41(2).

Amendment 301 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 1

Text proposed by the Commission Amendment

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

Or. en

Justification

This amendment is concerned with the margin of discretion left to Member States in relation to unmarried partners in a stable relationship and same sex partners. Such a discretion may create legal tension with the case law of the ECtHR as there is no static and pre-determined family model for the purpose of family life under Article 8 ECHR or Article 7 of the Charter. The ECtHR supports an expansive interpretation of family based on actual ties rather than

AM\1122580EN.docx 11/156 PE602.907v01-00 EN legal relationships. This amendment is inextricably linked to my amendments on Chapters III and VII.

Amendment 302 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2

Text proposed by the Commission Amendment

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

Or. en

Justification

Amendment 303 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2

Text proposed by the Commission Amendment

PE602.907v01-00 12/156 AM\1122580EN.docx EN Or. en

Justification

This amendment is inextricably linked to my amendments on Chapters III and VII.

Amendment 304 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Isabella Adinolfi, Laura Agea, Rosa D'Amato, Tiziana Beghin, Marco Zullo, Daniela Aiuto, Dario Tamburrano, Marco Valli, David Borrelli, Piernicola Pedicini, Eleonora Evi

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2

Text proposed by the Commission Amendment

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

Or. it

Justification

This amendment is necessary to ensure consistency with the amendment which removes the criterion allocating responsibility to the first country of entry. The family reunification criterion must be one of the main criteria applicable in determining responsibility.

Amendment 305 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Maria Grapini, Péter Niedermüller, Dietmar Köster, Birgit Sippel, Miriam Dalli

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2

Text proposed by the Commission Amendment

- the minor children of couples - the sons and daughters of couples referred to in the first indent or of the referred to in the first indent or of the applicant, on condition that they are applicant, regardless of whether they were

AM\1122580EN.docx 13/156 PE602.907v01-00 EN unmarried and regardless of whether they born in or out of wedlock or adopted as were born in or out of wedlock or adopted defined under national law, as defined under national law,

Or. en

Justification

The shadow rapporteur considers that the sons and daughters of the applicant should be considered as family members regardless of their age or marital status.

Amendment 306 Alessandra Mussolini, Salvatore Domenico Pogliese, Barbara Matera

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2

Text proposed by the Commission Amendment

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

Or. en

Justification

The married or unmarried status of children should not be a factor when determining the members of a family with regard to the application of this Regulation.

Amendment 307 Anna Maria Corazza Bildt, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Antonio López-Istúriz White, Carlos Coelho

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2

Text proposed by the Commission Amendment

- the minor children of couples - the unmarried minor children of referred to in the first indent or of the couples referred to in the first indent or of applicant, on condition that they are the applicant, regardless of whether they unmarried and regardless of whether they were born in or out of wedlock or adopted

PE602.907v01-00 14/156 AM\1122580EN.docx EN were born in or out of wedlock or adopted as defined under national law, as defined under national law,

Or. en

Justification

The current limited scope of the definition of family members is one of the key factors leading to onward movement. Therefore, this amendment aims at extending the definition to include other family relations, such as minor married children who are dependent, adult children or the parents of an adult, in order to avoid irregular onward movement of applicants with the aim of reunifying with family members in another Member State.

Amendment 308 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Carlos Coelho

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2 a (new)

Text proposed by the Commission Amendment

- the dependent married minor children of couples referred to in the first indent or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under national law;

Or. en

Justification

Amendment 309 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Maria Grapini, Péter Niedermüller, Marju Lauristin, Dietmar Köster

AM\1122580EN.docx 15/156 PE602.907v01-00 EN Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3

Text proposed by the Commission Amendment

- when the applicant is a minor and - the mother and the father of the unmarried, the father, mother or another applicant or beneficiary of international adult responsible for the applicant, protection, whether by law or by the practice of the Member State where the adult is present,

Or. en

Justification

The shadow rapporteur suggests to strengthen the provisions and guarantees on family reunification by also extending the definition of family members, which in practice turned out to be too restrictive and distant from the complex reality of family links of applicants. In particular, the mother and the father of the applicant should be considered as family members regardless of the age and marital status of the applicant.

Amendment 310 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3

Text proposed by the Commission Amendment

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

Or. en

Justification

This amendment is inextricably linked to my amendments on Chapters III and VII.

Amendment 311 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea, Tiziana Beghin, Rosa D'Amato, David Borrelli, Marco Zullo, Marco Valli, Daniela Aiuto

PE602.907v01-00 16/156 AM\1122580EN.docx EN Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3

Text proposed by the Commission Amendment

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

Or. it

Justification

Amendment 312 Alessandra Mussolini, Salvatore Domenico Pogliese, Barbara Matera

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3

Text proposed by the Commission Amendment

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

Or. en

Justification

This amendment specifies that determining authorities of Member States should have the chance to assess single cases based on the precondition that, if demonstrated that there is an abuse behind, also married minors should be considered as beneficiaries of family reunification with regard to the application of this Regulation.

Amendment 313 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

AM\1122580EN.docx 17/156 PE602.907v01-00 EN Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3

Text proposed by the Commission Amendment

Or. en

Justification

Amendment 314 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Carlos Coelho

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3 a (new)

Text proposed by the Commission Amendment

- when the applicant is a minor and married, the father or 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, on condition that the minor is dependent on the father, mother or other responsible adult;

Or. en

Justification

The current limited scope of the definition of family members is one of the key factors leading to onward movement. Therefore, this amendment aims at extending the definition to include

PE602.907v01-00 18/156 AM\1122580EN.docx EN other family relations, such as minor married children who are dependent, adult children or the parents of an adult, in order to avoid irregular onward movement of applicants with the aim of reunifying with family members in another Member State.

Amendment 315 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Maria Grapini, Péter Niedermüller, Marju Lauristin, Dietmar Köster

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 4

Text proposed by the Commission Amendment

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

Or. en

Justification

The shadow rapporteur suggests to strengthen the provisions and guarantees on family reunification by also extending the definition of family members, which in practice turned out to be too restrictive and distant from the complex reality of family links of applicants. In particular, when the applicant is a minor, the same provisions also apply in the case of another adult responsible for him or her.

Amendment 316 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 4

Text proposed by the Commission Amendment

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

AM\1122580EN.docx 19/156 PE602.907v01-00 EN by law or by the practice of the Member the beneficiary is present, State where the beneficiary is present,

Or. en

Justification

This amendment is inextricably linked to my amendments on Chapters III and VII.

Amendment 317 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, David Borrelli, Tiziana Beghin, Rosa D'Amato, Marco Zullo, Isabella Adinolfi, Laura Agea

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 4

Text proposed by the Commission Amendment

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

Or. it

Justification

Amendment 318 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 4

Text proposed by the Commission Amendment

- when the beneficiary of - when the beneficiary of international protection is a minor and international protection is a minor, the unmarried, the father, mother or another father, mother or another adult responsible

PE602.907v01-00 20/156 AM\1122580EN.docx EN adult responsible for him or her whether by for him or her whether by law or by the law or by the practice of the Member State practice of the Member State where the where the beneficiary is present, beneficiary is present,

Or. en

Justification

Amendment 319 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Carlos Coelho

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 4 a (new)

Text proposed by the Commission Amendment

- when the beneficiary of international protection is a minor and married, 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, on condition that the minor is dependent on the father, mother or other responsible adult;

Or. en

Justification

Amendment 320

AM\1122580EN.docx 21/156 PE602.907v01-00 EN Daniel Dalton, Helga Stevens, Branislav Škripek

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5

Text proposed by the Commission Amendment

- the sibling or siblings of the deleted applicant;

Or. en

Justification

Member States are already having difficulty with implementation with the current definition, therefore we do not see the added value in increasing the scope and making it harder for Member States to implement properly.

Amendment 321 Heinz K. Becker

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5

Text proposed by the Commission Amendment

- the sibling or siblings of the deleted applicant;

Or. en

Amendment 322 Monika Hohlmeier

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5

Text proposed by the Commission Amendment

- the sibling or siblings of the deleted applicant;

Or. en

PE602.907v01-00 22/156 AM\1122580EN.docx EN Justification

Extending the family by including the siblings might help integration, but first and foremost it will lead to a overburden of Member States which already give refuge to an extensive amount of refugees when it comes to family reunification. The definition of family shall therefore stay the same as it was in Dublin III.

Amendment 323 Kristina Winberg, Beatrix von Storch

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5

Text proposed by the Commission Amendment

- the sibling or siblings of the deleted applicant;

Or. en

Justification

Some member states (MS) will already have taken in more migrants then other MS before this legislation will be promulgated; these member states will be disproportionally affected by this article. Migrants who has already arrived in large numbers in a few MS of the EU will soon be followed by their relatives and friends, hence the burden for those MS already overburdened will become even greater. This will affect the relocations mechanism in a way that makes it almost meaningless. Furthermore, we need to discourage the substantial fraud committed by many migrants due to their misrepresentation of their real age.

Amendment 324 Artis Pabriks, Tomáš Zdechovský, Traian Ungureanu, Kinga Gál, Andrea Bocskor, Pál Csáky, Brice Hortefeux, Roberts Zīle, Anders Primdahl Vistisen, Mariya Gabriel, Anna Záborská

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5

Text proposed by the Commission Amendment

- the sibling or siblings of the - the sibling or siblings of the applicant; applicant, where the proof of the relationship is provided;

Or. en

AM\1122580EN.docx 23/156 PE602.907v01-00 EN Amendment 325 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Marco Valli, Daniela Aiuto, Eleonora Evi, Dario Tamburrano, Isabella Adinolfi, Laura Agea, Tiziana Beghin, David Borrelli, Marco Zullo, Piernicola Pedicini, Rosa D'Amato

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 a (new)

Text proposed by the Commission Amendment

- the aunt or uncle or grandparent of the beneficiary of international protection, if they are present in the territory of a Member State, regardless of whether the applicant and/or the beneficiary was born in or out of wedlock or adopted as defined under national law;

Or. it

Justification

Amendment 326 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 a (new)

Text proposed by the Commission Amendment

- the father or mother, grandmother, grandfather, aunt or uncle of the applicant, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;

Or. en

PE602.907v01-00 24/156 AM\1122580EN.docx EN Justification

Amendment 327 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Ana Gomes, Cécile Kashetu Kyenge, Juan Fernando López Aguilar, Caterina Chinnici, Maria Grapini, Péter Niedermüller, Marju Lauristin, Birgit Sippel, Dietmar Köster

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 a (new)

Text proposed by the Commission Amendment

- the grandparents of the applicant or beneficiary of international protection;

Or. en

Justification

The current limited scope of the definition of family members is one of the key factors leading to onward movement. The shadow rapporteur proposes consequently to expand the definition of family members.

Amendment 328 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Ana Gomes, Cécile Kashetu Kyenge, Juan Fernando López Aguilar, Caterina Chinnici, Maria Grapini, Péter Niedermüller, Marju Lauristin, Birgit Sippel

Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 b (new)

Text proposed by the Commission Amendment

- the grandchildren of the applicant;

Or. en

AM\1122580EN.docx 25/156 PE602.907v01-00 EN Justification

Amendment 329 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point h

Text proposed by the Commission Amendment

(h) ‘relative’ means the applicant’s (h) ‘relative’ means the applicant’s adult aunt or uncle or grandparent who is adult aunt or uncle or grandparent or present in the territory of a Member State, cousin or nephew or niece who is present regardless of whether the applicant was in the territory of a Member State, born in or out of wedlock or adopted as regardless of whether the applicant was defined under national law; born in or out of wedlock or adopted as defined under national law;

Or. en

Justification

This amendment seeks to broaden the definition of wider family and as such is inextricably linked to my amendments on Chapters III and VII.

Amendment 330 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Maria Grapini, Péter Niedermüller, Marju Lauristin, Birgit Sippel

Proposal for a regulation Article 2 – paragraph 1 – point h

Text proposed by the Commission Amendment

(h) ‘relative’ means the applicant’s (h) ‘relative’ means the applicant’s adult aunt or uncle or grandparent who is aunt or uncle or cousin who is present in present in the territory of a Member State, the territory of a Member State, regardless regardless of whether the applicant was of whether the applicant was born in or out born in or out of wedlock or adopted as of wedlock or adopted as defined under

PE602.907v01-00 26/156 AM\1122580EN.docx EN defined under national law; national law;

Or. en

Justification

The current limited scope of the definition of relative is one of the key factors leading to onward movement. The shadow rapporteur proposes consequently to expand the definition of relative.

Amendment 331 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point i

Text proposed by the Commission Amendment

(i) ‘minor’ means a third-country (i) ‘minor’ means a third-country national or a stateless person below the age national or a stateless person pursuant to of 18 years; Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, below the age of 18 years;

Or. en

Justification

This amendment clarifies the status of stateless persons and is needed for consistency with my other amendments on this matter.

Amendment 332 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Kati Piri, Péter Niedermüller, Dietmar Köster

Proposal for a regulation Article 2 – paragraph 1 – point k

Text proposed by the Commission Amendment

(k) ‘representative’ means a person or (k) ‘guardian’ means a person or an an organisation appointed by the organisation appointed to assist and competent bodies in order to assist and represent an unaccompanied minor with a represent an unaccompanied minor in view to safeguarding the best interests of

AM\1122580EN.docx 27/156 PE602.907v01-00 EN procedures provided for in this Regulation the child and his or her general well-being with a view to ensuring the best interests in all procedures provided for in this of the child and exercising legal capacity Regulation and exercising legal capacity for the minor where necessary. Where an for the minor where necessary; organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor, in accordance with this Regulation;

Or. en

Justification

The suggested amendment seeks to align the terminology with the Asylum Procedures Regulation ( APR) and Reception Conditions Directive (RCD) that substituted the term " representative" with "guardian".

Amendment 333 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Laura Agea, Tiziana Beghin, David Borrelli, Marco Zullo, Piernicola Pedicini, Eleonora Evi, Rosa D'Amato, Dario Tamburrano, Isabella Adinolfi, Marco Valli, Daniela Aiuto

Proposal for a regulation Article 2 – paragraph 1 – point k

Text proposed by the Commission Amendment

(k) “representative” means a person or (k) ‘guardian’ means a person or an an organisation appointed by the competent organisation appointed by the competent bodies in order to assist and represent an bodies in order to assist and represent an unaccompanied minor in procedures unaccompanied minor in procedures provided for in this Regulation with a view provided for in this Regulation with a view to ensuring the best interests of the child to ensuring the best interests of the child and exercising legal capacity for the minor and exercising legal capacity for the minor where necessary. Where an organisation is where necessary. Where an organisation is appointed as a representative, it shall appointed as a representative, it shall designate a person responsible for carrying designate a person responsible for carrying out its duties in respect of the minor, in out its duties in respect of the minor, in accordance with this Regulation; accordance with this Regulation;

Or. it

PE602.907v01-00 28/156 AM\1122580EN.docx EN Justification

This amendment is necessary to ensure consistency with other texts in the reform of the common European asylum system, and in particular the regulation establishing a common procedure for international protection.

Amendment 334 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point k a (new)

Text proposed by the Commission Amendment

(ka) 'sponsor' means a national of a Member State, or a third country national authorized by a Member State to stay in its territory as holder of any residence permit issued under EU law or national law of that Member State for a period of one year or longer, or an entity registered according to the delegated act referred to in Article 14(4).

Or. en

Justification

This amendment is inextricably linked to my amendments on Chapters III and VII.

Amendment 335 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point l

Text proposed by the Commission Amendment

(l) ‘residence document’ means any (l) ‘residence document’ means any authorisation issued by the authorities of a authorisation issued by the authorities of a Member State authorising a third-country Member State authorising a third-country national or a stateless person to stay on its national or a stateless person pursuant to territory, including the documents Article 1(1) of the 1954 Convention substantiating the authorisation to remain Relating to the Status of Stateless

AM\1122580EN.docx 29/156 PE602.907v01-00 EN on the territory under temporary protection Persons, to stay on its territory, including arrangements or until the circumstances the documents substantiating the preventing a removal order from being authorisation to remain on the territory carried out no longer apply, with the under temporary protection arrangements exception of visas and residence or until the circumstances preventing a authorisations issued during the period removal order from being carried out no required to determine the Member State longer apply, with the exception of visas responsible as established in this and residence authorisations issued during Regulation or during the examination of an the period required to determine the application for international protection or Member State responsible as established in an application for a residence permit; this Regulation or during the examination of an application for international protection or an application for a residence permit;

Or. en

Justification

This amendment clarifies the status of stateless persons and is needed for consistency with my other amendments on this matter.

Amendment 336 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Article 2 – paragraph 1 – point n

Text proposed by the Commission Amendment

(n) ‘risk of absconding’ means the (n) ‘risk of absconding’ means the existence of reasons in an individual case, proven existence of reasons in an which are based on objective criteria individual case, which are based on defined by law, to believe that an applicant specific and objective criteria strictly or a third-country national or a stateless defined by law, in line with guidelines set person who is subject to a transfer up by the EU Fundamental Rights procedure may abscond; Agency, to believe that an applicant or a third-country national or a stateless person who is subject to a transfer procedure may abscond;

Or. en

PE602.907v01-00 30/156 AM\1122580EN.docx EN Justification

This amendment is needed to maintain the logic of the text as it should serve to ensure the realisation of the applicant’s procedural rights and an individual assessment of his or her circumstances. This amendment is inextricably linked to admissible amendments to Recital 22, Article 4(1) and Article 5.

Amendment 337 Marek Jurek

Proposal for a regulation Article 2 – paragraph 1 – point o

Text proposed by the Commission Amendment o) ‘benefitting Member State' means deleted the Member State benefitting from the corrective allocation mechanism set out in Chapter VII of this Regulation and carrying out the allocation of the applicant;

Or. pl

Justification

This amendment is part of a package of amendments that removes the corrective allocation mechanism from the proposal. The corrective allocation mechanism proposed constitutes misapplication of the principle of solidarity, which cannot be subject to any administrative automatism. Under these circumstances it is not necessary to define the term ‘benefitting Member State’.

Amendment 338 Artis Pabriks, Tomáš Zdechovský, Traian Ungureanu, Kinga Gál, Andrea Bocskor, Pál Csáky, Brice Hortefeux, Roberts Zīle, Jussi Halla-aho, Anders Primdahl Vistisen, Anna Záborská

Proposal for a regulation Article 2 – paragraph 1 – point o

Text proposed by the Commission Amendment

(o) 'benefitting Member State' means deleted the Member State benefitting from the corrective allocation mechanism set out in Chapter VII of this Regulation and carrying out the allocation of the

AM\1122580EN.docx 31/156 PE602.907v01-00 EN applicant;

Or. en

Justification

In line with the deletion of Chapter VII. Solidarity with the Member States that face unprecedented migratory pressure cannot be expressed through an automatic, centralised and binding mechanism, without taking into account the capacity of MS to receive, accommodate and integrate asylum seekers. Proposed scheme does not set any limitations in terms of time or capacity of the EU or MS. The suggested mechanism creates additional pull-factor as the asylum seeker just need to reach the EU border to be sent further in the EU. It limits the incentive of border countries to protect their borders as they need to reach 150% share and the rest of asylum seekers will be sent for relocation to other MS automatically. Furthermore, solidarity cannot be enforced and coupled with financial penalties.

Amendment 339 Beatrix von Storch

Proposal for a regulation Article 2 – paragraph 1 – point o

Text proposed by the Commission Amendment

(o) 'benefitting Member State' means deleted the Member State benefitting from the corrective allocation mechanism set out in Chapter VII of this Regulation and carrying out the allocation of the applicant;

Or. en

Amendment 340 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Isabella Adinolfi, Laura Agea, Tiziana Beghin, Rosa D'Amato, David Borrelli, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini

Proposal for a regulation Article 2 – paragraph 1 – point o

Text proposed by the Commission Amendment

(o) ‘benefitting Member State’ means (o) ‘benefitting Member State’ means the Member State benefitting from the the Member State benefitting from the corrective allocation mechanism set out in allocation mechanism set out in Chapter

PE602.907v01-00 32/156 AM\1122580EN.docx EN Chapter VII of this Regulation and VII of this Regulation and carrying out the carrying out the allocation of the applicant; allocation of the applicant;

Or. it

Amendment 341 Artis Pabriks, Tomáš Zdechovský, Traian Ungureanu, Kinga Gál, Andrea Bocskor, Pál Csáky, Brice Hortefeux, Roberts Zīle, Jussi Halla-aho, Anders Primdahl Vistisen, Anna Záborská

Proposal for a regulation Article 2 – paragraph 1 – point p

Text proposed by the Commission Amendment

(p) ‘Member State of allocation’ deleted means the Member States to which an applicant will be allocated under the allocation mechanism set out in Chapter VII of this Regulation;

Or. en

Justification

Amendment 342 Elly Schlein, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Péter Niedermüller, Dietmar Köster

Proposal for a regulation Article 2 – paragraph 1 – point p a (new)

Text proposed by the Commission Amendment

AM\1122580EN.docx 33/156 PE602.907v01-00 EN (pa) - 'sponsor' means a European citizen , or a third country national legally residing in a Member State for a period of at least one year, or an entity registered, that respect the requirements set out in the delegated act referred to in Article 18a, paragraph 3.

Or. en

Justification

The suggested amendment is in line with the intention to allow private individuals -- be them EU citizen or third country nationals legally residing in the EU to act as a point of reference and provide for an applicant until his or her application has been examined. A similar reasoning might apply to non - profit organisations or firms. The eligibility requirements shall be set out in a delegated act.

Amendment 343 Artis Pabriks, Tomáš Zdechovský, Traian Ungureanu, Kinga Gál, Andrea Bocskor, Pál Csáky, Brice Hortefeux, Roberts Zīle, Jussi Halla-aho, Anders Primdahl Vistisen, Anna Záborská

Proposal for a regulation Article 2 – paragraph 1 – point q

Text proposed by the Commission Amendment

(q) ‘resettled person’ means a person deleted subject to the process of resettlement whereby, on a request from the United Nations High Commissioner for Refugees (‘UNHCR’) based on a person’s need for international protection, third-country nationals are transferred from a third country and established in a Member State where they are permitted to reside with one of the following statuses: (i) ‘refugee status’ within the meaning of point (e) of Article 2 of Directive 2011/95/EU; (ii) ‘subsidiary protection status’ within the meaning of point (g) of Article 2 of Directive 2011/95/EU; or (iii) any other status which offers similar rights and benefits under national and

PE602.907v01-00 34/156 AM\1122580EN.docx EN Union law as those referred to in points (i) and (ii);

Or. en

Justification

Amendment 344 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Maria Grapini, Péter Niedermüller, Dietmar Köster

Proposal for a regulation Article 2 – paragraph 1 – point q – introductory part

Text proposed by the Commission Amendment

(q) ‘resettled person’ means a person (q) 'resettled person' means a person subject to the process of resettlement subject to a process of resettlement whereby, on a request from the United whereby, on a request based on a person's Nations High Commissioner for Refugees need for international protection by the (‘UNHCR’) based on a person’s need for United Nations High Commissioner for international protection, third-country Refugees ('UNHCR') or by other entities nationals are transferred from a third or sponsors having concluded a dedicated country and established in a Member State agreement with the relevant Members where they are permitted to reside with one State's authorities, third-country nationals of the following statuses: are transferred from a third country and established in a Member State where they are permitted to reside with one of the following statuses:

Or. en

Justification

The shadow rapporteur suggests this amendment to expand the notion of resettled person valid for the purpose of this Regulation in order to embrace other legal avenues for seeking

AM\1122580EN.docx 35/156 PE602.907v01-00 EN and obtaining international protection in European soil, such as sponsorships or pilot projects of humanitarian corridors (such as the one operating in Italy).

Amendment 345 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 2 – paragraph 1 – point q – introductory part

Text proposed by the Commission Amendment

(q) ‘resettled person’ means a person (q) 'resettled person' means a person subject to the process of resettlement subject to a process of resettlement whereby, on a request from the United whereby, on a request based on a person's Nations High Commissioner for Refugees need for international protection and (‘UNHCR’) based on a person’s need for coming from the United Nations High international protection, third-country Commissioner for Refugees ('UNHCR'), nationals are transferred from a third third-country nationals are transferred from country and established in a Member State a third country and established in a where they are permitted to reside with one Member State where they are permitted to of the following statuses: reside with one of the following statuses:

Or. en

Amendment 346 Raymond Finch

Proposal for a regulation Article 2 – paragraph 1 – point q – point i

Text proposed by the Commission Amendment

(i) ‘refugee status’ within the meaning (i) ‘refugee status’ as defined by of point (e) of Article 2 of Directive Article 1 of the 1951 Geneva Convention; 2011/95/EU;

Or. en

Amendment 347 Raymond Finch, Beatrix von Storch

Proposal for a regulation Article 2 – paragraph 1 – point q – point ii

PE602.907v01-00 36/156 AM\1122580EN.docx EN Text proposed by the Commission Amendment

(ii) ‘subsidiary protection status’ deleted within the meaning of point (g) of Article 2 of Directive 2011/95/EU; or

Or. en

Amendment 348 Raymond Finch, Beatrix von Storch

Proposal for a regulation Article 2 – paragraph 1 – point q – point iii

Text proposed by the Commission Amendment

(iii) any other status which offers deleted similar rights and benefits under national and Union law as those referred to in points (i) and (ii);

Or. en

Amendment 349 Cécile Kashetu Kyenge, Pier Antonio Panzeri, Silvia Costa, Nikos Androulakis

Proposal for a regulation Article 2 – paragraph 1 – point r a (new)

Text proposed by the Commission Amendment

(ra) "temporary reception centers" means the centres set up pursuant to article 3-bis, paragraph 2, point c), and paragraph 3, in which international protection applicants will be accommodated pending their transfer to the Member State responsible for examination of their application;

Or. en

AM\1122580EN.docx 37/156 PE602.907v01-00 EN Justification

These centers should be set up for applicants awaiting their transfer to the European Union

Amendment 350 Sergei Stanishev

Proposal for a regulation Article 2 – paragraph 1 – point r a (new)

Text proposed by the Commission Amendment

(ra) 'Arrivals' means 'applicants' as defined in Article 2 (1) c, as well as third- country nationals or stateless persons who have irregularly entered the territory of a Member State and have not made an application for international protection.

Or. en

Justification

The current Regulation is not designed for effective management of extraordinary migratory pressures. The new proposal should envisage wider range of scenarios, including situations where the administrative capacity of a Member State has been surpassed and not all arrivals have made an application for international protection.

Amendment 351 Cécile Kashetu Kyenge, Silvia Costa, Nikos Androulakis

Proposal for a regulation Article 2 – paragraph 1 – point r b (new)

Text proposed by the Commission Amendment

(rb) «third State' receiving office» means all those Offices outside the territories of the Member States of the European Union qualified to receive the international protection applications pursuant article 3-bis, paragraph 1, points a) e b).

Or. en

PE602.907v01-00 38/156 AM\1122580EN.docx EN Justification

These offices should be set up outside the EU Member States according the procedure in art. 3bis

Amendment 352 Salvatore Domenico Pogliese, Alessandra Mussolini

Proposal for a regulation Article 3 – paragraph 1

Text proposed by the Commission Amendment

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

Or. it

Justification

It should be stressed that the action carried out by the Member State responsible for examining an application for international protection falls within the sphere of the common European asylum system and, therefore, that it is acting in the general interest of the European Union as a whole.

Amendment 353 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Miriam Dalli, Péter Niedermüller

Proposal for a regulation Article 3 – paragraph 1

Text proposed by the Commission Amendment

AM\1122580EN.docx 39/156 PE602.907v01-00 EN who applies on the territory of any one of who applies on the territory of any one of them, including at the border or in the them, including at the border or in the transit zones. The application shall be transit zones. The application shall be examined by a single Member State, which examined by a Member State, which shall shall be the one which the criteria set out in be the one which the criteria set out in Chapter III indicate is responsible. Chapter III, IV and VII indicate is responsible.

Or. en

Justification

In order to be coherent with the Resolution on the situation in the Mediterranean and the need for a holistic EU approach to migration approved by the Parliament in April 2016, and with the Resolution on migration and refugees in Europe approved in September 2015, the shadow rapporteur is proposing a centralised, permanent and automatic mechanism of fair distribution of responsibilities among Member States.

Amendment 354 Lorenzo Fontana

Proposal for a regulation Article 3 – paragraph 1

Text proposed by the Commission Amendment

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

Or. it

Justification

Substantive change. The possibility of examining asylum applications outside EU borders is being requested, with the aim of speeding up the process, protecting genuine asylum seekers and refusing the applications of those for whom the asylum criteria are not met.

Amendment 355 Emil Radev, Mariya Gabriel

PE602.907v01-00 40/156 AM\1122580EN.docx EN Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

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

Or. en

Justification

Given the changes to Article 15 later in the text, this sub-paragraph is unnecessary.

Amendment 356 Lorenzo Fontana

Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Or. it

Justification

The mere fact that such shortcomings are referred to in the coordination of work to assign responsibility is a symptom of the fact that the legislators’ are not taking seriously the task of formulating the proposal.

Amendment 357 Alessandra Mussolini, Salvatore Domenico Pogliese, Carlos Coelho, Barbara Matera, Elissavet Vozemberg-Vrionidi

AM\1122580EN.docx 41/156 PE602.907v01-00 EN Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Where no Member State responsible can be Where no Member State responsible can be designated on the basis of the criteria listed designated on the basis of the criteria listed in this Regulation, the first Member State in this Regulation, the first Member State in which the application for international in which the application for international protection was lodged shall be responsible protection was lodged shall be responsible for examining it. for examining it. This provision shall not be applied in those cases in which the first Member State where the application for international protection was lodged is a benefitting State in accordance to Article 34.

Or. en

Justification

The corrective allocation mechanism will not have the intended result if it does not go hand in hand with the suspension of Dublin transfers at the least when the first Member State in which the application was lodged corresponds to the benefitting Member State under Article 34 of this Regulation.

Amendment 358 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Cécile Kashetu Kyenge, Ana Gomes, Kati Piri, Miriam Dalli, Péter Niedermüller, Dietmar Köster, Birgit Sippel

Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Where no Member State responsible can be Where no Member State responsible can be designated on the basis of the criteria listed designated on the basis of the criteria listed in this Regulation, the first Member State in this Regulation, the Member State in in which the application for international which the application for international protection was lodged shall be responsible protection shall be determined by the for examining it. allocation mechanism pursuant to Chapter VII.

Or. en

PE602.907v01-00 42/156 AM\1122580EN.docx EN Justification

Amendment 359 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Or. en

Justification

This amendment is needed to maintain the logic of the text as it should serve to enhance the system's capacity to determine efficiently and effectively a single Member State responsible for examining the application for international protection as the European Commission highlights in its explanatory memorandum accompanying the proposed recast Regulation. This amendment is inextricably linked to the admissible amendments under the draft report ensuring that the internal logic of the text, aimed at increasing applicants' integration prospects and decreasing “secondary movements” is maintained.

Amendment 360 Lorenzo Fontana

Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment

Where it is impossible to transfer an deleted applicant to the Member State primarily

AM\1122580EN.docx 43/156 PE602.907v01-00 EN 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 III in order to establish whether another Member State can be designated as responsible.

Or. it

Justification

The mere fact that such shortcomings among EU Member States are referred to is a symptom of the fact that the legislators are not taking seriously the task of formulating the proposal.

Amendment 361 Elissavet Vozemberg-Vrionidi

Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment

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

PE602.907v01-00 44/156 AM\1122580EN.docx EN Or. en

Justification

The admissibility check should be conducted by the Member State designated as responsible and the fundamental rights of the applicant should be respected as regards reception conditions and during the procedure of his international protection request examination.

Amendment 362 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Maria Grapini, Péter Niedermüller, Dietmar Köster

Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment

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

Or. en

Justification

The definition of systemic flaws has led to divergent interpretations and rulings, therefore the shadow rapporteur suggests an approach more focused on the applicant´s fundamental rights, in accordance with the ECtHR case law.

Amendment 363 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

AM\1122580EN.docx 45/156 PE602.907v01-00 EN Proposal for a regulation Article 3 – paragraph 2 – subparagraph 3

Text proposed by the Commission Amendment

Where the transfer cannot be made Where the transfer cannot be made pursuant to this paragraph to any Member pursuant to this paragraph to any Member State designated on the basis of the criteria State designated on the basis of the criteria set out in Chapter III or to the first set out in Chapter III, the determining Member State with which the application Member State shall become the Member was lodged, the determining Member State State responsible. shall become the Member State responsible.

Or. en

Justification

This amendment is needed to maintain the logic of the text as it should serve to enhance the system's capacity to determine efficiently and effectively a single Member State responsible for examining the application for international protection as the European Commission highlights in its explanatory memorandum accompanying the proposed recast Regulation. This amendment is inextricably linked to the admissible amendments to admissible amendments under the draft report ensuring that the internal logic of the text, aimed at increasing applicants' integration prospects and decreasing “secondary movements” is maintained.

Amendment 364 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Miriam Dalli, Péter Niedermüller, Birgit Sippel

Proposal for a regulation Article 3 – paragraph 2 – subparagraph 3

Text proposed by the Commission Amendment

Where the transfer cannot be made Where the transfer cannot be made pursuant to this paragraph to any Member pursuant to this paragraph to any Member State designated on the basis of the criteria State designated on the basis of the criteria set out in Chapter III or to the first set out in Chapter III, the Member State Member State with which the application responsible shall be determined by the was lodged, the determining Member allocation mechanism pursuant to State shall become the Member State Chapter VII. responsible.

PE602.907v01-00 46/156 AM\1122580EN.docx EN Or. en

Justification

Amendment 365 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 3 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because the applicant is affected by a serious disease or inability and the transfer would expose him/her to 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 State shall assume the competence to examine the application.

Or. en

Justification

Codification of the most recent case law of the ECtHR, see the judgement of the Grand Chamber of 13/12/2016, case No 41738/10, Paposhvili v. Belgium. The amendment is inextricably linked to my amendments on Chapter VII.

Amendment 366 Artis Pabriks, Tomáš Zdechovský, Traian Ungureanu, Kinga Gál, Andrea Bocskor, Pál Csáky, Brice Hortefeux, Petri Sarvamaa, Roberts Zīle, Jussi Halla-aho, Anders Primdahl Vistisen, Mariya Gabriel, Anna Záborská

Proposal for a regulation

AM\1122580EN.docx 47/156 PE602.907v01-00 EN Article 3 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Any Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down in Directive 2013/32/EU.

Or. en

Justification

Original text of Art 3(3) in the Dublin III Regulation.

Amendment 367 Filiz Hyusmenova

Proposal for a regulation Article 3 – paragraph 3

Text proposed by the Commission Amendment

3. Before applying the criteria for deleted determining a Member State responsible in accordance with Chapters III and IV, the first Member State in which the application for international protection was lodged shall: (a) examine whether the application for international protection is inadmissible pursuant to Article 33(2) letters b) and c) of Directive 2013/32/EU when a country which is not a Member State is considered as a first country of asylum or as a safe third country for the applicant; and (b) examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU when the following grounds apply: (i) the applicant has the nationality of a third country, or he or she is a stateless person and was formerly habitually resident in that country, designated as a safe country of origin in the EU common

PE602.907v01-00 48/156 AM\1122580EN.docx EN list of safe countries of origin established under Regulation [Proposal COM (2015) 452 of 9 September 2015]; or (ii) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law.

Or. en

Justification

Commission's proposal keeps the inadequate burden on the frontline Member states by establishing the duty only for frontline Member States to be performing an admissibility procedure; This might have yet again a deterring effect for compliance; In addition in might lead to doubling the procedural work

Amendment 368 Emil Radev, Mariya Gabriel

Proposal for a regulation Article 3 – paragraph 3

Text proposed by the Commission Amendment

AM\1122580EN.docx 49/156 PE602.907v01-00 EN (i) the applicant has the nationality of a third country, or he or she is a stateless person and was formerly habitually resident in that country, designated as a safe country of origin in the EU common list of safe countries of origin established under Regulation [Proposal COM (2015) 452 of 9 September 2015]; or (ii) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law.

Or. en

Justification

These checks should be part of the admissibility checks whether a candidate for international protection should be granted such protection or not.

Amendment 369 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 3 – paragraph 3

Text proposed by the Commission Amendment

PE602.907v01-00 50/156 AM\1122580EN.docx EN procedure pursuant to Article 31(8) of Directive 2013/32/EU when the following grounds apply: (i) the applicant has the nationality of a third country, or he or she is a stateless person and was formerly habitually resident in that country, designated as a safe country of origin in the EU common list of safe countries of origin established under Regulation [Proposal COM (2015) 452 of 9 September 2015]; or (ii) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law.

Or. en

Amendment 370 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 3 – paragraph 3

Text proposed by the Commission Amendment

AM\1122580EN.docx 51/156 PE602.907v01-00 EN Directive 2013/32/EU when the following grounds apply: (i) the applicant has the nationality of a third country, or he or she is a stateless person and was formerly habitually resident in that country, designated as a safe country of origin in the EU common list of safe countries of origin established under Regulation [Proposal COM (2015) 452 of 9 September 2015]; or (ii) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law.

Or. en

Justification

Amendment 371 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Miriam Dalli, Birgit Sippel

Proposal for a regulation Article 3 – paragraph 3

Text proposed by the Commission Amendment

PE602.907v01-00 52/156 AM\1122580EN.docx EN (a) examine whether the application for international protection is inadmissible pursuant to Article 33(2) letters b) and c) of Directive 2013/32/EU when a country which is not a Member State is considered as a first country of asylum or as a safe third country for the applicant; and (b) examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU when the following grounds apply: (i) the applicant has the nationality of a third country, or he or she is a stateless person and was formerly habitually resident in that country, designated as a safe country of origin in the EU common list of safe countries of origin established under Regulation [Proposal COM (2015) 452 of 9 September 2015]; or (ii) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law.

Or. en

Justification

The shadow rapporteur is convinced that the paragraph shall be deleted. The inadmissibility and pre-Dublin checks would not only put additional burden on front-line Member States, constituting an improper anticipation of the examination of the application, but also create an extremely discretionary filter to applications for asylum in the EU, in violation of the Geneva Convention.

Amendment 372 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Isabella Adinolfi, Laura Agea, Tiziana Beghin, David Borrelli, Rosa D'Amato, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini

Proposal for a regulation Article 3 – paragraph 3 – point a

AM\1122580EN.docx 53/156 PE602.907v01-00 EN Text proposed by the Commission Amendment

(a) examine whether the application deleted for international protection is inadmissible pursuant to Article 33(2) letters b) and c) of Directive 2013/32/EU when a country which is not a Member State is considered as a first country of asylum or as a safe third country for the applicant; and

Or. it

Amendment 373 Alessandra Mussolini, Salvatore Domenico Pogliese, Barbara Matera

Proposal for a regulation Article 3 – paragraph 3 – point b – introductory part

Text proposed by the Commission Amendment

(b) examine the application in (b) examine the application in accelerated procedure pursuant to Article accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU when the 31(8) of Directive 2013/32/EU when the following grounds apply: following ground applies as referred in Article 3 (3) - point b - point ii:

Or. en

Justification

Security is one of the priorities of the EU's political agenda. Therefore, all the necessary actions to contrast possible threats to the security of the European Union citizens should be carried out. The Member State where the application is first lodged should be bound to examine applications made by applicants who present security concerns in accelerated procedure. This would help to establish at a very first stage whether the applicant could pose a threat to security. This should be the only case in which the examination of an application through the accelerated procedure during a phase which precedes the application of the Dublin criteria should be admissible.

Amendment 374 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea, Tiziana Beghin, Rosa D'Amato, David Borrelli

PE602.907v01-00 54/156 AM\1122580EN.docx EN Proposal for a regulation Article 3 – paragraph 3 – point b – point i

Text proposed by the Commission Amendment

(i) the applicant has the nationality of deleted a third country, or he or she is a stateless person and was formerly habitually resident in that country, designated as a safe country of origin in the EU common list of safe countries of origin established under Regulation [Proposal COM (2015) 452 of 9 September 2015]; or

Or. it

Amendment 375 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 3 – paragraph 4

Text proposed by the Commission Amendment

4. Where the Member State considers deleted an application inadmissible or examines an application in accelerated procedure pursuant to paragraph 3, that Member State shall be considered the Member State responsible.

Or. en

Justification

Amendment 376

AM\1122580EN.docx 55/156 PE602.907v01-00 EN Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge

Proposal for a regulation Article 3 – paragraph 4

Text proposed by the Commission Amendment

Or. en

Justification

The shadow rapporteur is convinced that the paragraph shall be deleted, as a consequence of deleting Article 3(3) . The inadmissibility and pre-Dublin checks would not only put additional burden on front-line Member states, constituting an improper anticipation of the examination of the application, but also create an extremely discretionary filter to applications for asylum in the EU, in violation of the Geneva Convention.

Amendment 377 Filiz Hyusmenova

Proposal for a regulation Article 3 – paragraph 4

Text proposed by the Commission Amendment

Or. en

Justification

Commission's proposal keeps the inadequate burden on the frontline Member States by establishing the duty only for frontline Member States to be performing an admissibility

PE602.907v01-00 56/156 AM\1122580EN.docx EN procedure; This might have yet again a deterring effect for compliance; In addition in might lead to doubling the work - procedures being performed

Amendment 378 Emil Radev, Mariya Gabriel

Proposal for a regulation Article 3 – paragraph 4

Text proposed by the Commission Amendment

Or. en

Amendment 379 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 3 – paragraph 4

Text proposed by the Commission Amendment

Or. en

Amendment 380 Heinz K. Becker

Proposal for a regulation Article 3 – paragraph 4

AM\1122580EN.docx 57/156 PE602.907v01-00 EN Text proposed by the Commission Amendment

4. Where the Member State considers 4. Where the Member State considers an application inadmissible or examines an an application inadmissible or examines an application in accelerated procedure application in accelerated procedure pursuant to paragraph 3, that Member State pursuant to paragraph 3, that Member State shall be considered the Member State shall be considered the Member State responsible. responsible unless another Member State is responsible according to Article 15.

Or. en

Amendment 381 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea, Tiziana Beghin, Rosa D'Amato, David Borrelli

Proposal for a regulation Article 3 – paragraph 4

Text proposed by the Commission Amendment

4. Where the Member State considers 4. Where the Member State examines an application inadmissible or examines an application in accelerated procedure an application in accelerated procedure pursuant to paragraph 3, that Member State pursuant to paragraph 3, that Member State shall be considered the Member State shall be considered the Member State responsible. responsible.

Or. it

Amendment 382 Miltiadis Kyrkos

Proposal for a regulation Article 3 – paragraph 5

Text proposed by the Commission Amendment

PE602.907v01-00 58/156 AM\1122580EN.docx EN in accordance with Article 40, 41 and 42 of Directive 2013/32/EU, irrespective of whether the applicant has left or was removed from the territories of the Member States.

Or. en

Justification

The first MS becomes indefinitely responsible, even if it has removed the applicant from the Union and the applicant re-enters, at a later stage, through another MS. This provision does not treat MS equally. All MS are obliged to control their external borders. Moreover, the re- entrance of third country in the EU nationals through another MS, after the successful removal from it should not be considered as secondary movement, which the regulation seeks to prevent.

Amendment 383 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 3 – paragraph 5

Text proposed by the Commission Amendment

5. The Member State which has deleted examined an application for international protection, including in the cases referred to in paragraph 3, shall be responsible for examining any further representations or a subsequent application of that applicant in accordance with Article 40, 41 and 42 of Directive 2013/32/EU, irrespective of whether the applicant has left or was removed from the territories of the Member States.

Or. en

Amendment 384 Elissavet Vozemberg-Vrionidi

Proposal for a regulation Article 3 – paragraph 5

AM\1122580EN.docx 59/156 PE602.907v01-00 EN Text proposed by the Commission Amendment

Or. en

Justification

The first MS becomes indefinitely responsible, even if it has removed the applicant from the Union and the applicant re-enters, at a later stage, through another MS. This provision does not treat MSs equally. All MSs are obliged to control their external borders. Moreover, the re-entry of third country nationals in the EU through another MS, after the successful removal from it should not be considered as secondary movement, which the regulation seeks to prevent.

Amendment 385 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Miriam Dalli, Péter Niedermüller

Proposal for a regulation Article 3 – paragraph 5

Text proposed by the Commission Amendment

PE602.907v01-00 60/156 AM\1122580EN.docx EN Or. en

Justification

The shadow rapporteur doesn´t support the principle of the permanent responsibility as proposed by the EC.

Amendment 386 Emil Radev, Mariya Gabriel

Proposal for a regulation Article 3 – paragraph 5

Text proposed by the Commission Amendment

Or. en

Justification

A Member State cannot be made responsible for a person who has left the country for a certain period of time.

Amendment 387 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 3 – paragraph 5

Text proposed by the Commission Amendment

5. The Member State which has deleted examined an application for international protection, including in the cases referred

AM\1122580EN.docx 61/156 PE602.907v01-00 EN to in paragraph 3, shall be responsible for examining any further representations or a subsequent application of that applicant in accordance with Article 40, 41 and 42 of Directive 2013/32/EU, irrespective of whether the applicant has left or was removed from the territories of the Member States.

Or. en

Justification

Amendment 388 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea, Tiziana Beghin, Rosa D'Amato, David Borrelli, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano

Proposal for a regulation Article 3 – paragraph 5

Text proposed by the Commission Amendment

Or. it

PE602.907v01-00 62/156 AM\1122580EN.docx EN Amendment 389 Filiz Hyusmenova

Proposal for a regulation Article 3 – paragraph 5

Text proposed by the Commission Amendment

5. The Member State which has 5. The Member State which has examined an application for international examined an application for international protection, including in the cases referred protection shall be responsible for to in paragraph 3, shall be responsible for examining any further representations or a examining any further representations or a subsequent application of that applicant in subsequent application of that applicant in accordance with Article 40, 41 and 42 of accordance with Article 40, 41 and 42 of Directive 2013/32/EU. In the case when Directive 2013/32/EU, irrespective of the applicant has left or was removed from whether the applicant has left or was the territory of the Member State as a removed from the territories of the result of a return decision or a removal Member States. order issued following the rejection or withdrawal of the application and a subsequent application is made later in another Member State, the applicant shall be removed from the territories of the Member states without initializing a take back procedure to the Member State initially responsible.

Or. en

Justification

In cases where a Member State has duly performed its asylum procedure obligations, an application was examined on its merits, received a refusal and the applicant was removed from the MS due to lack of legal basis for staying, it is unreasonable that this MS will again be responsible for the same applicant if he tries to play with the system by applying elsewhere. In view of streamlining the system such applicant should be directly removed from any subsequent Member State, instead of being taken back to the initially responsible Member State over and over again.

Amendment 390 Sergei Stanishev

Proposal for a regulation Article 3 – paragraph 5

Text proposed by the Commission Amendment

5. The Member State which has 5. The Member State which has

AM\1122580EN.docx 63/156 PE602.907v01-00 EN examined an application for international examined an application for international protection, including in the cases referred protection shall be responsible for to in paragraph 3, shall be responsible for examining any further representations or a examining any further representations or a subsequent application of that applicant subsequent application of that applicant in within a 24 month period in accordance accordance with Article 40, 41 and 42 of with Article 40, 41 and 42 of Directive Directive 2013/32/EU, irrespective of 2013/32/EU and provided that the whether the applicant has left or was applicant has not left to the country of removed from the territories of the origin or has not been removed from the Member States. territory of the Member State.

Or. en

Justification

Permanent responsibility puts disproportionate pressure to frontline MSs. This could also present an incentive for non-compliance. In case of secondary movement and subsequent application in another MS, the MS where the former application was made should still be responsible. However, change of circumstances should not be excluded after the applicant has left to the country of origin or has been removed, and the right to make a new application in a different Member State should be respected.

Amendment 391 Cécile Kashetu Kyenge, Pier Antonio Panzeri, Silvia Costa, Nikos Androulakis

Proposal for a regulation Article 3 a (new)

Text proposed by the Commission Amendment

Article 3 a Article 3-bis Presentation of international protection applications 1. International protection applications may also be lodged: a) at the dedicated "International Protection Application Offices" that the European Commission may establish pursuant to a bilateral agreement with a third country, in refugee camps situated in countries adjacent to countries in conflict or in countries from which there is a massive exodus of persons who aspire to international protection status.

PE602.907v01-00 64/156 AM\1122580EN.docx EN At the time of establishment of such offices, the Commission: i. shall consult the Council and Political and Security Committee in order to guarantee co-ordination with the activity of EU Delegations for management of the crises which may be occurring on the territory of that third country State; ii. agree with the Member States the sufficient recruitment mechanisms to find the qualified human resources needed for execution of the tasks of the said offices. b) at the offices of EU Delegations or diplomatic Representatives of Member States previously identified by the Commission, in agreement with the European structure to which the Delegation or Member State responds. 2. The European Union shall make appropriate bilateral agreements with third countries in which the office is to be established for the institution of "International Protection Application Offices" referred to at 3 paragraph, point c) above. Such bilateral agreements shall relate to: a) the ability to establish the office; b) the legal status of the EU personnel assigned to that office; c) the creation of temporary reception centres at the offices for applicants awaiting their transfer to the European Union; d) any co-operation with other international entities or bodies or N.G.O's for the management of temporary reception centres referred to at letter c); e) the ability to create humanitarian corridors via air, sea or land transport for applicants from the temporary reception centre to the territory of the European Union; f) the willingness of the third country to accept the return of applicants coming

AM\1122580EN.docx 65/156 PE602.907v01-00 EN from that Centre in the event of final refusal of their application for international protection. 3. Similar agreements to those set forth in paragraph 2 may be reached by the European Union with third countries where EU Delegations or Member State diplomatic representatives are established, as identified pursuant to art. 3.1.d).

Or. en

Justification

To avoid the traffic and smuggling of migrants, there is a need for the creation of secure humanitarian corridors by the European Union, in co-operation with the countries in which are concentrated the refugees coming from countries afflicted by wars and menaced by terrorism. In order to reserve the use of these so-called humanitarian corridors for applicants for international protection, it is necessary to allow for the international protection application to be lodged prior to departure to the European Union. This can be done at dedicated "Offices for the presentation of applications for international protection" which the European Union can establish, following bilateral agreement with the third country, or at refugee camps situated in the countries next to those in conflict, or from which a massive exodus of persons is manifest, who aspire to request international protection. Alternatively they may be established at EU Delegation offices or diplomatic Representatives of Member States, previously nominated by the European Commission, in accord with the European structure to which the Delegation or Member State belongs.

Amendment 392 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 4 – paragraph 1

Text proposed by the Commission Amendment

1. Where a person who intends to deleted make an application for international protection has entered irregularly into the territory of the Member States, the application shall be made in the Member State of that first entry. Where a person who intends to make an application for international protection is legally present in a Member State, the application shall

PE602.907v01-00 66/156 AM\1122580EN.docx EN be made in that Member State.

Or. en

Amendment 393 Filiz Hyusmenova

Proposal for a regulation Article 4 – paragraph 1

Text proposed by the Commission Amendment

1. Where a person who intends to 1. Where a person who intends to make an application for international make an application for international protection has entered irregularly into the protection is legally present in a Member territory of the Member States, the State, the application shall be made in that application shall be made in the Member Member State. State of that first entry. Where a person who intends to make an application for international protection is legally present in a Member State, the application shall be made in that Member State.

Or. en

Justification

The mandatory exercising of the right to seek asylum only in a handful of "frontline" Member States of first entry goes against the principle of solidarity and equal sharing of responsibility.

Amendment 394 Lorenzo Fontana

Proposal for a regulation Article 4 – paragraph 1

Text proposed by the Commission Amendment

AM\1122580EN.docx 67/156 PE602.907v01-00 EN international protection is legally present in international protection is legally present in a Member State, the application shall be a Member State, the application shall be made in that Member State. made in that Member State. If the application is refused the Member State should repatriate the irregular migrant.

Or. it

Justification

To make the common asylum system effective, it is vital to protect those entitled to asylum and repatriate those who are not entitled.

Amendment 395 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, David Borrelli, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea, Tiziana Beghin, Rosa D'Amato

Proposal for a regulation Article 4 – paragraph 1

Text proposed by the Commission Amendment

1. Where a person who intends to 1. Where a person who intends to make an application for international make an application for international protection has entered irregularly into the protection has entered irregularly into the territory of the Member States, the territory of the Member States, the application shall be made in the Member application shall be made in the Member State of that first entry. Where a person State where he or she is present. Where a who intends to make an application for person who intends to make an application international protection is legally present in for international protection is legally a Member State, the application shall be present in a Member State, the application made in that Member State. shall be made in that Member State.

Or. it

Amendment 396 Emil Radev, Mariya Gabriel

Proposal for a regulation Article 4 – paragraph 1

Text proposed by the Commission Amendment

1. Where a person who intends to 1. Where a person who intends to make an application for international make an application for international

PE602.907v01-00 68/156 AM\1122580EN.docx EN protection has entered irregularly into the protection has entered into the territory of a territory of the Member States, the Member State, the application shall be application shall be made in the Member made in that Member State. Where a State of that first entry. Where a person person who intends to make an application who intends to make an application for for international protection is already international protection is legally present in legally present in a Member State, the a Member State, the application shall be application shall be made in that Member made in that Member State. State.

Or. en

Justification

Frontline Member States should not bear the burden of being responsible for all applications for international protection because they already have huge responsibilities related to border management.

Amendment 397 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Péter Niedermüller, Dietmar Köster

Proposal for a regulation Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. The applicant shall submit as soon 2. The applicant shall submit as soon as possible and at the latest during the as possible all the available elements and interview pursuant to Article 7, all the information relevant for determining the elements and information relevant for Member State responsible and cooperate determining the Member State responsible with the competent authorities of the and cooperate with the competent Member States. The competent authorities authorities of the Member States. shall take into account the elements and information relevant for determining the Member State responsible submitted at any stage of the procedure, provided they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, other elements provided by the applicant shall exceptionally be taken into consideration if the delay in submitting them is due to force majeure.

AM\1122580EN.docx 69/156 PE602.907v01-00 EN Or. en

Amendment 398 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. The applicant shall submit as soon 2. The applicant shall submit as soon as possible and at the latest during the as possible all the available elements and interview pursuant to Article 7, all the information relevant for determining the elements and information relevant for Member State responsible and cooperate determining the Member State responsible with the competent authorities of the and cooperate with the competent Member States. The competent authorities authorities of the Member States. shall take into account the elements and information relevant for determining the Member State responsible only insofar as they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, Member States shall take into consideration other elements provided by the applicant if the delay in submitting them is due to force majeure.

Or. en

Amendment 399 Elissavet Vozemberg-Vrionidi

Proposal for a regulation Article 4 – paragraph 2

Text proposed by the Commission Amendment

PE602.907v01-00 70/156 AM\1122580EN.docx EN authorities of the Member States. shall take into account the elements and information relevant for determining the Member State responsible only insofar as they have been submitted before the set deadline of the Member State to submit the take charge request to another Member State.

Or. en

Justification

In the interest of the applicant, if additional information is provided between the time of the interview and the submitting of the take charge request to another Member State, it should be taken into account.

Amendment 400 Miltiadis Kyrkos

Proposal for a regulation Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. The applicant shall submit as soon 2. The applicant shall submit as soon as possible and at the latest during the as possible all the available elements and interview pursuant to Article 7, all the information relevant for determining the elements and information relevant for Member State responsible and cooperate determining the Member State responsible with the competent authorities of the and cooperate with the competent Member States. The competent authorities authorities of the Member States. shall take into account the elements and information relevant for determining the Member State responsible only insofar as they have been submitted before the set deadline of the Member State to submit the take charge request to another Member state

Or. en

Amendment 401 Filiz Hyusmenova

Proposal for a regulation Article 4 – paragraph 2

AM\1122580EN.docx 71/156 PE602.907v01-00 EN Text proposed by the Commission Amendment

2. The applicant shall submit as soon 2. The applicant for international as possible and at the latest during the protection shall submit as soon as possible interview pursuant to Article 7, all the all the available elements and information elements and information relevant for relevant for determining the Member determining the Member State responsible State responsible and cooperate with the and cooperate with the competent competent authorities of the Member authorities of the Member States. States. The competent authorities shall take into account the elements and information relevant for determining the Member State responsible only insofar as they have been submitted before the final decision determining the Member State responsible.

Or. en

Amendment 402 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. The applicant shall submit as soon 2. The applicant shall submit as soon as possible and at the latest during the as possible, all the available elements and interview pursuant to Article 7, all the information relevant for determining the elements and information relevant for Member State responsible and cooperate determining the Member State responsible with the competent authorities of the and cooperate with the competent Member States. authorities of the Member States.

Or. en

Amendment 403 Lorenzo Fontana

Proposal for a regulation Article 4 – paragraph 2

Text proposed by the Commission Amendment

PE602.907v01-00 72/156 AM\1122580EN.docx EN 2. The applicant shall submit as soon 2. The applicant must submit as soon as possible and at the latest during the as possible and at the latest during the interview pursuant to Article 7, all the interview pursuant to Article 7, all the elements and information relevant for elements and information relevant for determining the Member State responsible determining the Member State responsible and cooperate with the competent and cooperate with the competent authorities of the Member States. authorities of the Member States.

Or. it

Justification

There should be no room for interpretation regarding the obligatory nature of the procedures for submitting the application.

Amendment 404 Emil Radev, Mariya Gabriel

Proposal for a regulation Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. The applicant shall submit as soon 2. The applicant shall submit as soon as possible and at the latest during the as possible and at the latest during the interview pursuant to Article 7, all the interview pursuant to Article 7, all the elements and information relevant for elements and information required by the determining the Member State responsible Member State and cooperate with the and cooperate with the competent competent authorities of the Member authorities of the Member States. States.

Or. en

Amendment 405 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Article 5

Text proposed by the Commission Amendment

Article 5 deleted Consequences of non-compliance

AM\1122580EN.docx 73/156 PE602.907v01-00 EN 1. If an applicant does not comply with the obligation set out in Article 4(1), the Member State responsible in accordance with this Regulation shall examine the application in an accelerated procedure, in accordance with Article 31(8) of Directive 2013/32/EU. 2. The Member State in which the applicant is obliged to be present shall continue the procedures for determining the Member State responsible even when the applicant leaves the territory of that Member State without authorisation or is otherwise not available for the competent authorities of that Member State. 3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present. 4. The competent authorities shall take into account elements and information relevant for determining the Member State responsible only insofar as these were submitted within the deadline set out in Article 4(2).

Or. en

Amendment 406 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Péter Niedermüller

Proposal for a regulation Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. If an applicant does not comply deleted with the obligation set out in Article 4(1), the Member State responsible in accordance with this Regulation shall

PE602.907v01-00 74/156 AM\1122580EN.docx EN examine the application in an accelerated procedure, in accordance with Article 31(8) of Directive 2013/32/EU.

Or. en

Amendment 407 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. If an applicant does not comply deleted with the obligation set out in Article 4(1), the Member State responsible in accordance with this Regulation shall examine the application in an accelerated procedure, in accordance with Article 31(8) of Directive 2013/32/EU.

Or. en

Amendment 408 Heinz K. Becker

Proposal for a regulation Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. If an applicant does not comply 1. If an applicant does not comply with the obligation set out in Article 4(1), with the obligation set out in Article 4(1), the Member State responsible in the Member State responsible in accordance with this Regulation shall accordance with this Regulation shall examine the application in an accelerated examine the application in an accelerated procedure, in accordance with Article procedure, in accordance with Article 31(8) of Directive 2013/32/EU. 31(8) of Directive 2013/32/EU and detain the applicant to secure the transfer to the Member State responsible according to Article 29.4.

Or. en

AM\1122580EN.docx 75/156 PE602.907v01-00 EN Amendment 409 Lorenzo Fontana

Proposal for a regulation Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. If an applicant does not comply 1. If an applicant does not comply with the obligation set out in Article 4(1), with the obligation set out in Article 4(1), the Member State responsible in the Member State responsible in accordance with this Regulation shall accordance with this Regulation may examine the application in an accelerated suspend the asylum application and carry procedure, in accordance with Article out repatriation. 31(8) of Directive 2013/32/EU.

Or. it

Amendment 410 Emil Radev

Proposal for a regulation Article 5 – paragraph 2

Text proposed by the Commission Amendment

2. The Member State in which the deleted applicant is obliged to be present shall continue the procedures for determining the Member State responsible even when the applicant leaves the territory of that Member State without authorisation or is otherwise not available for the competent authorities of that Member State.

Or. en

Amendment 411 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Isabella Adinolfi, Laura Agea, Tiziana Beghin, Rosa D'Amato, David Borrelli, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini

Proposal for a regulation

PE602.907v01-00 76/156 AM\1122580EN.docx EN Article 5 – paragraph 2

Text proposed by the Commission Amendment

Or. it

Amendment 412 Mariya Gabriel

Proposal for a regulation Article 5 – paragraph 2

Text proposed by the Commission Amendment

2. The Member State in which the 2. The Member State in which the applicant is obliged to be present shall applicant is obliged to be present shall continue the procedures for determining continue the procedures for determining the Member State responsible even when the Member State responsible even when the applicant leaves the territory of that the applicant leaves the territory of that Member State without authorisation or is Member State without authorisation or is otherwise not available for the competent otherwise not available for the competent authorities of that Member State. authorities of that Member State. The competent authorities of that Member State shall inform the European Union Agency for Asylum thereof in a timely manner and shall introduce relevant information into the automated system referred to in Article 44(1) where the applicant has left the territory of that Member State.

Or. en

Justification

The introduction of a requirement for similar action aims to avoid secondary movements and support the timely identification of residence of applicants for international protection nominee.

AM\1122580EN.docx 77/156 PE602.907v01-00 EN Amendment 413 Monika Hohlmeier

Proposal for a regulation Article 5 – paragraph 2

Text proposed by the Commission Amendment

2. The Member State in which the 2. The Member State in which the applicant is obliged to be present shall applicant is obliged to be present shall continue the procedures for determining continue the procedures for determining the Member State responsible even when the Member State responsible even when the applicant leaves the territory of that the applicant leaves the territory of that Member State without authorisation or is Member State without authorisation or is otherwise not available for the competent otherwise not available for the competent authorities of that Member State. authorities of that Member State. The Member State in which the applicant is obliged to be present may decide to examine the application in an accelerated procedure, in accordance with Article 31(8) of Directive 2013/32/EU.

Or. en

Justification

It is clearly stated in the new COM proposal that applicants for international protection have the obligation to stay present in the Member State responsible. If an applicant absconds even though he or she was informed about this obligation, the Member State concerned shall be given the possibility to examine his or her application in an accelerated procedure.

Amendment 414 Lorenzo Fontana

Proposal for a regulation Article 5 – paragraph 2

Text proposed by the Commission Amendment

2. The Member State in which the 2. If the applicant leaves the territory applicant is obliged to be present shall of that Member State without authorisation continue the procedures for determining or is otherwise not available for the the Member State responsible even when competent authorities of that Member State the applicant leaves the territory of that he or she must be considered an irregular Member State without authorisation or is migrant and, when found, must be otherwise not available for the competent

PE602.907v01-00 78/156 AM\1122580EN.docx EN authorities of that Member State. repatriated.

Or. it

Amendment 415 Elissavet Vozemberg-Vrionidi

Proposal for a regulation Article 5 – paragraph 2

Text proposed by the Commission Amendment

2. The Member State in which the 2. The Member State in which the applicant is obliged to be present shall applicant is obliged to be present shall not continue the procedures for determining continue the procedures for determining the Member State responsible even when the Member State responsible in case the the applicant leaves the territory of that applicant leaves the territory of that Member State without authorisation or is Member State without authorisation or is otherwise not available for the competent otherwise not available for the competent authorities of that Member State. authorities of that Member State.

Or. en

Justification

What happens if the applicant is not present to substantiate his/her application for the purpose of the determination of the responsible MS?

Amendment 416 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. The applicant shall not be entitled deleted to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present.

AM\1122580EN.docx 79/156 PE602.907v01-00 EN Or. en

Amendment 417 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Ana Gomes, Cécile Kashetu Kyenge, Juan Fernando López Aguilar, Kati Piri, Péter Niedermüller

Proposal for a regulation Article 5 – paragraph 3

Text proposed by the Commission Amendment

Or. en

Amendment 418 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea, Rosa D'Amato, David Borrelli, Tiziana Beghin

Proposal for a regulation Article 5 – paragraph 3

Text proposed by the Commission Amendment

Or. it

PE602.907v01-00 80/156 AM\1122580EN.docx EN Amendment 419 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Carlos Coelho

Proposal for a regulation Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. The applicant shall not be entitled 3. The applicant shall not be entitled to the reception conditions set out in to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, Articles 14 to 19 of Directive 2013/33/EU, with the exception of emergency health with the exception of emergency health care, during the procedures under this care, during the procedures under this Regulation in any Member State other than Regulation in any Member State other than the one in which he or she is required to be the one in which he or she is required to be present. present. This paragraph shall not apply to minors and families with children.

Or. en

Justification

This amendment intends to exempt the most vulnerable groups from the limitations provided in this Regulation.

Amendment 420 Monika Hohlmeier

Proposal for a regulation Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. The applicant shall not be entitled 3. The applicant must not be entitled to the reception conditions set out in to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, Articles 14 to 19 of Directive 2013/33/EU, with the exception of emergency health with the exception of emergency health care, during the procedures under this care, during the procedures under this Regulation in any Member State other than Regulation in any Member State other than the one in which he or she is required to be the one in which he or she is required to be present. present.

Or. en

AM\1122580EN.docx 81/156 PE602.907v01-00 EN Justification

It is clearly stated in the new COM proposal that applicants for international protection have the obligation to stay present in the Member State responsible and will be informed about this obligation. He or she must therefore not be entitled to any reception conditions except the Member State in which he or she will be obliged to be present.

Amendment 421 Alessandra Mussolini, Salvatore Domenico Pogliese, Carlos Coelho, Barbara Matera

Proposal for a regulation Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. The applicant shall not be entitled 3. The applicant shall not be entitled to the reception conditions set out in to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, Article 16(6) of Directive 2013/33/EU, with the exception of emergency health with the exception of emergency health care, during the procedures under this care, during the procedures under this Regulation in any Member State other than Regulation in any Member State other than the one in which he or she is required to be the one in which he or she is required to be present. present.

Or. en

Justification

The withholding of reception conditions in the form of financial allowances or vouchers is proposed as a way to sanction those applicants who have moved to a Member State different from the one in which they should be present under the provisions of this Regulation.

Amendment 422 Heinz K. Becker

Proposal for a regulation Article 5 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. 4. The applicant shall enjoy the rights according to Directive 2011/51/EU only 8 years after a status has been granted.

Or. en

PE602.907v01-00 82/156 AM\1122580EN.docx EN Justification

In order to prevent secondary movements, the restriction of freedom of establishment shall be extended to 8 years

Amendment 423 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. The competent authorities shall deleted take into account elements and information relevant for determining the Member State responsible only insofar as these were submitted within the deadline set out in Article 4(2).

Or. en

Amendment 424 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Isabella Adinolfi, Laura Agea, Rosa D'Amato, David Borrelli, Marco Zullo, Dario Tamburrano, Tiziana Beghin, Marco Valli, Daniela Aiuto, Eleonora Evi, Piernicola Pedicini

Proposal for a regulation Article 6 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. As soon as an application for 1. As soon as an application for international protection is lodged within international protection is lodged within the meaning of Article 21(2) in a Member the meaning of Article 21(2) in a Member State, its competent authorities shall inform State, its competent authorities shall inform the applicant of the application of this the applicant of the application of this Regulation and of the obligations set out in Regulation, in particular the opportunity Article 4 as well as the consequences of to provide information regarding the non-compliance set out in Article 5 , and in presence of family members or any other particular: family relations in other Member States and of the obligations set out in Article 4 and the consequences of non-compliance set out in Article 5, and in particular:

AM\1122580EN.docx 83/156 PE602.907v01-00 EN Or. it

Justification

Amending the section not covered by the recast version is necessary to ensure consistency with other amendments tabled.

Amendment 425 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. As soon as an application for 1. As soon as an application for international protection is lodged within international protection is registered within the meaning of Article 21(2) in a Member the meaning of Article 27 [Proposal for a State, its competent authorities shall inform regulation establishing a common the applicant of the application of this procedure for international protection in Regulation and of the obligations set out in the Union and repealing Directive Article 4 as well as the consequences of 2013/32/EU] in a Member State, its non-compliance set out in Article 5 , and in competent authorities shall inform the particular : applicant of the application of this Regulation and of the obligations set out in Article 4 as well as the consequences of non-compliance set out in Article 5 , and in particular :

Or. en

Justification

This amendment is needed to maintain the logic of the text as it should serve to enhance the system's capacity to determine efficiently and effectively a single Member State responsible for examining the application for international protection and to prevent secondary movements through improved opportunities for long-term integration of applicants, as the European Commission highlights in its explanatory memorandum accompanying the proposed recast Regulation. This amendment is inextricably linked to the admissible amendments under the draft report aiming to strengthen the applicant’s procedural rights.

Amendment 426 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson

Proposal for a regulation

PE602.907v01-00 84/156 AM\1122580EN.docx EN Article 6 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. As soon as an application for 1. As soon as an application for international protection is lodged within international protection is made within the the meaning of Article 21(2) in a Member meaning of Article 21(2) in a Member State, its competent authorities shall inform State, its competent authorities shall inform the applicant of the application of this the applicant of the application of this Regulation and of the obligations set out in Regulation and of the obligations set out in Article 4 as well as the consequences of Article 4 , and in particular : non-compliance set out in Article 5 , and in particular :

Or. en

Justification

This amendment seeks to ensure coherence with the reception conditions directive and is inextricably linked to other admissible amendments with the same goal.

Amendment 427 Elissavet Vozemberg-Vrionidi

Proposal for a regulation Article 6 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. As soon as an application for 1. As soon as an application for international protection is lodged within international protection is lodged within the meaning of Article 21(2) in a Member the meaning of Article 28 [Proposal for State, its competent authorities shall inform the Asylum Procedures Regulation] in a the applicant of the application of this Member State, its competent authorities Regulation and of the obligations set out shall inform the applicant of the in Article 4 as well as the consequences of application of this Regulation and in non-compliance set out in Article 5 , and particular : in particular :

Or. en

Justification

It is important to make reference to the procedure for lodging an application for international protection as described more thoroughly in the Asylum Procedures Regulation. Information to the applicant regarding his obligations now appears in the rapporteur' am. no 32.

AM\1122580EN.docx 85/156 PE602.907v01-00 EN Amendment 428 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Maria Grapini

Proposal for a regulation Article 6 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. As soon as an application for 1. As soon as an application for international protection is lodged within international protection is made within the the meaning of Article 21(2) in a Member meaning of Article 27 ( Proposal for the State, its competent authorities shall inform Asylum Procedures Regulation ) in a the applicant of the application of this Member State, its competent authorities Regulation and of the obligations set out shall inform the applicant of the in Article 4 as well as the consequences of application of this Regulation, and in non-compliance set out in Article 5 , and particular : in particular :

Or. en

Justification

The shadow rapporteur believes that the applicant should be fully informed of the application of this Regulation as soon as possible. This amendment is suggested since it would facilitate the process of gathering relevant information, as applicants would have more time to produce relevant documentation. This would also anticipate other relevant procedures such as family tracing, thus reducing the length of family reunion procedures, in particular concerning minors.

Amendment 429 Jean Lambert, Judith Sargentini, Ska Keller on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) that the right to apply for deleted international protection does not encompass any choice of the applicant which Member State shall be responsible for examining the application for international protection;

PE602.907v01-00 86/156 AM\1122580EN.docx EN Or. en

Justification

Amendment 430 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Péter Niedermüller

Proposal for a regulation Article 6 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) that the right to apply for (a) that the right to apply for international protection does not international protection does not encompass any choice of the applicant encompass a choice of the applicant which which Member State shall be responsible Member State shall be responsible for for examining the application for examining the application for international international protection; protection, except when provided within the allocation mechanism under the terms of Chapter VII.

Or. en

Amendment 431 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 6 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) that the right to apply for (a) that the right to apply for international protection does not international protection does not encompass any choice of the applicant encompass any choice of the applicant which Member State shall be responsible which Member State shall be responsible for examining the application for for examining the application for international protection; international protection, except when

AM\1122580EN.docx 87/156 PE602.907v01-00 EN provided under the terms of Article 36;

Or. en

Amendment 432 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 6 – paragraph 1 – point a a (new)

Text proposed by the Commission Amendment

(aa) of the right to provide information on any meaningful links with a Member State for the purpose of determining that Member State as responsible for examining the application for international protection;

Or. en

Justification

This amendment is inextricably linked to my amendments on Chapter III and Chapter VII.

Amendment 433 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Péter Niedermüller, Marju Lauristin

Proposal for a regulation Article 6 – paragraph 1 – point a a (new)

Text proposed by the Commission Amendment

(aa) of the right for the applicant to provide information about the presence in any Member State of meaningful links relevant under the provisions of Chapter VII of this Regulation

Or. en

PE602.907v01-00 88/156 AM\1122580EN.docx EN Justification

This amendment is in line with the system proposed by the shadow rapporteur, that foresees, within the functioning of the allocation mechanism under Chapter VII, the possibility to take into consideration to the extent possible the meaningful links of applicants with the Member States.

Amendment 434 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Tiziana Beghin, Marco Valli, Daniela Aiuto, Eleonora Evi, Piernicola Pedicini, Dario Tamburrano, Isabella Adinolfi, Laura Agea, Rosa D'Amato, David Borrelli, Marco Zullo

Proposal for a regulation Article 6 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) of the objectives of this Regulation (b) of the objectives of this Regulation and the consequences of making another and the consequences of making another application in a different Member State as application in a different Member State as well as the consequences of leaving the well as the consequences of leaving the Member State where he or she is obliged to Member State where he or she is obliged to be present during the phases in which the be present during the phases in which the Member State responsible under this application for international protection is Regulation is being determined and the being examined; application for international protection is being examined, in particular that the applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health care;

Or. it

Justification

The amendment is necessary to ensure consistency with the amendments tabled to Article 5(2) and (3).

Amendment 435 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Péter Niedermüller

AM\1122580EN.docx 89/156 PE602.907v01-00 EN Proposal for a regulation Article 6 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) of the objectives of this Regulation (b) of the objectives of this Regulation and the consequences of making another and the consequences of making another application in a different Member State as application in a different Member State as well as the consequences of leaving the well as the consequences of leaving the Member State where he or she is obliged to Member State where he or she is obliged to be present during the phases in which the be present during the phases in which the Member State responsible under this Member State responsible under this Regulation is being determined and the Regulation is being determined and the application for international protection is application for international protection is being examined , in particular that the being examined. applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health care ;

Or. en

Justification

The shadow rapporteur does not support the sanctions proposed by the EC, which would leave people without access to basic reception conditions. A more rights-based approach, with incentives and disincentives to comply is suggested, in line with what proposed by the rapporteur.

Amendment 436 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 6 – paragraph 1 – point b

Text proposed by the Commission Amendment

PE602.907v01-00 90/156 AM\1122580EN.docx EN application for international protection is application for international protection is being examined , in particular that the being examined ; applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health care ;

Or. en

Amendment 437 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) of the objectives of this Regulation (b) of the objectives of this Regulation and the consequences of making another and the consequences of making another application in a different Member State as application in a different Member State as well as the consequences of leaving the well as the consequences of leaving the Member State where he or she is obliged to Member State where he or she is obliged to be present during the phases in which the be present during the phases in which the Member State responsible under this Member State responsible under this Regulation is being determined and the Regulation is being determined and the application for international protection is application for international protection is being examined , in particular that the being examined; applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health care ;

Or. en

Justification

This amendment is needed to maintain the logic of the text as it should serve to enhance the system's capacity to determine efficiently and effectively a single Member State responsible for examining the application for international protection and to prevent secondary movements through improved opportunities for long-term integration of applicants, as the European Commission highlights in its explanatory memorandum accompanying the

AM\1122580EN.docx 91/156 PE602.907v01-00 EN proposed recast Regulation. This amendment is inextricably linked to the ongoing review of the Reception Conditions Directive.

Amendment 438 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, David Borrelli, Rosa D'Amato, Marco Zullo, Marco Valli, Daniela Aiuto, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Dario Tamburrano, Laura Agea, Tiziana Beghin

Proposal for a regulation Article 6 – paragraph 1 – point b a (new)

Text proposed by the Commission Amendment

(ba) the opportunity to provide information regarding the presence of family members or any other family relations in other Member States;

Or. it

Justification

The amendment is necessary to ensure the consistency of the section not covered by the recast version with the amendments tabled.

Amendment 439 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Péter Niedermüller, Marju Lauristin, Dietmar Köster

Proposal for a regulation Article 6 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(ca) of the provisions relating to family reunification, including the possibility provided by Article 13a, and in this regard on the applicable definition of family members and relatives as well as of the need for the applicant to disclose early in the procedure any relevant information that can help to establish the whereabouts of family members or relatives present in other Member States, as well as any assistance that the Member State can

PE602.907v01-00 92/156 AM\1122580EN.docx EN offer with regard to the tracing of family members, relatives, or other family relations.

Or. en

Justification

The shadow rapporteur supports the idea of the rapporteur to introduce this amendment in order to clarify the provisions of information on family reunification procedures, and would like to extend it to other family relations.

Amendment 440 Filiz Hyusmenova

Proposal for a regulation Article 6 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(ca) Of the procedure of immediate removal from the territories of the Member States without initiating a take back procedure in the case when the applicant has left the territory of the responsible Member State as a result of a return decision or a removal order issued following a rejection or a withdrawal of the application if that applicant later attempted to apply in a different Member State.

Or. en

Justification

Amendment 441 Elissavet Vozemberg-Vrionidi, Alessandra Mussolini, Barbara Matera

AM\1122580EN.docx 93/156 PE602.907v01-00 EN Proposal for a regulation Article 6 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(ca) that a Member State may decide to apply the discretionary clauses under Article 19 , as well as of the specific modalities relating to this procedure;

Or. en

Justification

Maintaining the discretionary clause for a member state to examine an application and its facilitation to do so is essential.

Amendment 442 Kostas Chrysogonos, Sofia Sakorafa, Kostadinka Kuneva, Stelios Kouloglou, Dimitrios Papadimoulis

Proposal for a regulation Article 6 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(ca) that a Member State may decide to apply the discretionary clauses under Article 19, as well as of the specific modalities relating to this procedure;

Or. en

Justification

Maintaining the discretionary clause for a member state to examine an application and its facilitation to do so is essential.

Amendment 443 Jean Lambert, Ska Keller, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 1 – point c a (new)

PE602.907v01-00 94/156 AM\1122580EN.docx EN Text proposed by the Commission Amendment

(ca) of the possibility under Article 36(4) to express a maximum of three preferences for the determining Member State responsible;

Or. en

Justification

Amendment 444 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 1 – point c b (new)

Text proposed by the Commission Amendment

(cb) of the provisions relating to family reunification and of the provisions relating to the possibility to reunite with family members, relatives or sponsors pursuant to Articles 10-13 and 18ANEW of this Regulation;

Or. en

Justification

Amendment 445

AM\1122580EN.docx 95/156 PE602.907v01-00 EN Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Péter Niedermüller

Proposal for a regulation Article 6 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) of the personal interview pursuant (d) of the purpose of the personal to Article 7 and the obligation of interview pursuant to Article 7 as well as submitting and substantiating information what information the applicant will be regarding the presence of family asked to submit for the purpose of members, relatives or any other family determining responsibility, including for relations in the Member States, including the application of the discretionary the means by which the applicant can clause; submit such information;

Or. en

Justification

The shadow rapporteur suggests this amendment to strengthen the provision of information in relation to the personal interview and the application of the discretionary clause.

Amendment 446 Elissavet Vozemberg-Vrionidi

Proposal for a regulation Article 6 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) of the personal interview pursuant (d) of the purpose of the personal to Article 7 and the obligation of interview pursuant to Article 7 as well as submitting and substantiating information what information the applicant will be regarding the presence of family asked to submit during the interview and members, relatives or any other family before the set deadline of the Member relations in the Member States, including State to submit a take charge request to the means by which the applicant can another Member State; submit such information;

Or. en

PE602.907v01-00 96/156 AM\1122580EN.docx EN Justification

The information requested should be given in a timely manner as to provide the most complete information possible to the MS to which a taking charge request has been addressed to.

Amendment 447 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White

Proposal for a regulation Article 6 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) of the personal interview pursuant (d) of the purpose of the personal to Article 7 and the obligation of interview pursuant to Article 7 as well as submitting and substantiating information the type of elements, information and regarding the presence of family evidence that the applicant will be asked members, relatives or any other family to submit for the purpose of determining relations in the Member States, including responsibility, including for the the means by which the applicant can application of the discretionary clauses; submit such information;

Or. en

Justification

This amendment is aimed at strengthening the provisions to protect minor applicants.

Amendment 448 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) of the personal interview pursuant (d) of the purpose of the personal to Article 7 and the obligation of interview pursuant to Article 7 as well as submitting and substantiating information the type of information and evidence that regarding the presence of family the applicant will have to submit for the members, relatives or any other family purpose of determining the Member State relations in the Member States, including responsible, including the means by which

AM\1122580EN.docx 97/156 PE602.907v01-00 EN the means by which the applicant can the applicant can submit such information; submit such information;

Or. en

Justification

Amendment 449 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Article 6 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) of the possibility to challenge a (e) of the possibility to challenge a transfer decision within 7 days after transfer decision and the right to have an notification and of the fact that this effective remedy before a court or tribunal challenge shall be limited to an in accordance with Article 28, including assessment of whether Articles 3(2) in in a situation where no transfer decision relation to the existence of a risk of is taken; inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon ;

Or. en

Amendment 450 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Maria Grapini, Péter Niedermüller, Dietmar Köster

Proposal for a regulation Article 6 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) of the possibility to challenge a (e) of the possibility and modalities to transfer decision within 7 days after challenge a transfer decision and the right

PE602.907v01-00 98/156 AM\1122580EN.docx EN notification and of the fact that this to have an effective remedy before a court challenge shall be limited to an or tribunal in accordance with Article 28, assessment of whether Articles 3(2) in including in a situation where no transfer relation to the existence of a risk of decision is taken. inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon ;

Or. en

Justification

The shadow rapporteur supports the amendment proposed by the rapporteur which intends to take into account the modifications proposed in article 28.

Amendment 451 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) of the possibility to challenge a (e) of the applicant's right to an transfer decision within 7 days after effective remedy, in the form of an appeal notification and of the fact that this or a review, in fact and in law, against a challenge shall be limited to an transfer decision before a court or assessment of whether Articles 3(2) in tribunal pursuant to Article 28, including relation to the existence of a risk of in situations where no transfer decision is inhuman or degrading treatment or taken and of the applicable procedure to Articles 10 to 13 and 18 are infringed challenge a transfer decision; upon ;

Or. en

Justification

Amendment 452 Alessandra Mussolini, Salvatore Domenico Pogliese, Carlos Coelho, Barbara Matera

AM\1122580EN.docx 99/156 PE602.907v01-00 EN Proposal for a regulation Article 6 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) of the possibility to challenge a (e) of the possibility to challenge a transfer decision within 7 days after transfer decision within 10 days after notification and of the fact that this notification and of the fact that this challenge shall be limited to an assessment challenge shall be limited to an assessment of whether Articles 3(2) in relation to the of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are treatment or Articles 10 to 13 and 18 are infringed upon ; infringed upon ;

Or. en

Justification

This amendment is linked to the changes proposed in Article 28 (2).

Amendment 453 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Kati Piri, Maria Grapini, Péter Niedermüller, Miriam Dalli, Birgit Sippel

Proposal for a regulation Article 6 – paragraph 1 – point e a (new)

Text proposed by the Commission Amendment

(ea) of the right to request free legal assistance and representation at all stages of the procedure.

Or. en

Justification

The shadow rapporteur believes that the applicant should be informed of the possibility to be provided with free legal assistance at all stages of the procedure.

Amendment 454 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Rosa D'Amato, David Borrelli, Marco Zullo, Marco Valli, Daniela Aiuto, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Dario Tamburrano, Laura Agea, Tiziana Beghin

PE602.907v01-00 100/156 AM\1122580EN.docx EN Proposal for a regulation Article 6 – paragraph 1 – point i

Text proposed by the Commission Amendment

(i) where applicable, of the allocation (i) of the allocation procedure set out procedure set out in Chapter VII. in Chapter VII.

Or. it

Amendment 455 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 1 – point i a (new)

Text proposed by the Commission Amendment

(ia) in the case of unaccompanied minors, of the role and responsibilities of the guardian and of the procedure to file complaints against a guardian in confidence and safety and in full respect of children's right to be heard in this respect;

Or. en

Justification

This amendment is needed to maintain the logic of the text as it should serve to ensure the realisation of children's right to be heard and procedural rights, thus enhancing the system's capacity to determine efficiently and effectively a single Member State responsible for examining the application for international protection as the European Commission highlights in its explanatory memorandum accompanying the proposed recast Regulation. This amendment is inextricably linked to the admissible amendments to Articles 6(2) and 6(3).

Amendment 456 Elissavet Vozemberg-Vrionidi

Proposal for a regulation Article 6 – paragraph 1 – point i a (new)

AM\1122580EN.docx 101/156 PE602.907v01-00 EN Text proposed by the Commission Amendment

(ia) of the right to request free legal assistance and representation in the appeal procedure provided for in Chapter V of [Proposal for the Asylum Procedures Regulation]

Or. en

Justification

Legal assistance at the stage of the appeal procedure is already practiced and may contribute to a more efficient protection of human rights.

Amendment 457 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Malin Björk, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 6 – paragraph 1 – point i a (new)

Text proposed by the Commission Amendment

(ia) of the right to request free legal assistance and representation at all stages of the procedure.

Or. en

Justification

This amendment is linked to the proposed provisions on free legal aid both in the Reception Conditions Directive and the Procedures Regulation. As such, it is necessary to be included here to ensure coherence with those texts.

Amendment 458 Jean Lambert, Judith Sargentini, Ska Keller on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 1 – point i b (new)

Text proposed by the Commission Amendment

PE602.907v01-00 102/156 AM\1122580EN.docx EN (ib) of the right to request free legal assistance and representation at all stages of the procedure;

Or. en

Justification

Amendment 459 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Péter Niedermüller, Marju Lauristin, Dietmar Köster

Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

The information referred to in paragraph 1 The information referred to in paragraph 1 shall be provided in writing in a language shall be provided in writing in a language that the applicant understands or is that the applicant understands and in an reasonably supposed to understand. easily understandable form. Specific Member States shall use the common material should be provided for minors. leaflet drawn up pursuant to paragraph 3 Member States shall use the common for that purpose. information material drawn up pursuant to paragraph 3 for that purpose. The information shall be provided as soon as the application is made. The information shall be provided both in written and oral form, where appropriate with the support of multimedia equipment.

Or. en

Justification

It is important for the shadow rapporteur to ensure that applicants, and in particular unaccompanied minors, are provided with easily understandable information material at the earliest stage of the procedure.

AM\1122580EN.docx 103/156 PE602.907v01-00 EN Amendment 460 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

The information referred to in paragraph 1 The information referred to in paragraph 1 shall be provided in writing in a language shall be provided in writing in a language that the applicant understands or is that the applicant understands, in a reasonably supposed to understand. concise, transparent, intelligible and Member States shall use the common easily accessible form, using clear and leaflet drawn up pursuant to paragraph 3 plain language. With regard to minors for that purpose. and, in particular, to unaccompanied minors, the information shall be provided in a child-friendly manner by appropriately trained staff. Member States shall use the common information material drawn up pursuant to paragraph 3 for that purpose.

Or. en

Justification

This amendment seeks to ensure coherence with the reception conditions directive and is inextricably linked to other admissible amendments with the same goal.

Amendment 461 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

The information referred to in paragraph 1 The information referred to in paragraph 1 shall be provided in writing in a language shall be provided in writing in a language that the applicant understands or is that the applicant understands. Children reasonably supposed to understand. shall be provided information in a child- Member States shall use the common friendly manner and in a language they leaflet drawn up pursuant to paragraph 3 understand by appropriately trained staff. for that purpose. Member States shall use the common information material drawn up pursuant to

PE602.907v01-00 104/156 AM\1122580EN.docx EN paragraph 3 for that purpose.

Or. en

Justification

Amendment 462 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Rosa D'Amato, David Borrelli, Marco Zullo, Marco Valli, Daniela Aiuto, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Dario Tamburrano, Laura Agea, Tiziana Beghin

Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

The information referred to in paragraph 1 The information referred to in paragraph 1 shall be provided in writing in a language shall be provided in writing in clear, that the applicant understands or is concise language, and in a language that reasonably supposed to understand. the applicant understands. Member States Member States shall use the common shall use the common leaflet drawn up leaflet drawn up pursuant to paragraph 3 pursuant to paragraph 3 for that purpose. for that purpose.

Or. it

Justification

The amendment is necessary to ensure consistency with the text of recital 25, as amended. Providing information in a language that the applicant understands is a precondition for ensuring access to the right to asylum.

Amendment 463 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 a (new)

AM\1122580EN.docx 105/156 PE602.907v01-00 EN Text proposed by the Commission Amendment

The information shall be provided as soon as the application is made. The information shall be provided both in written and oral form, where appropriate with the support of multimedia equipment. It may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a responsible Member State in accordance with this Regulation. In the case of minors, information shall be provided in a child- friendly manner by appropriately trained staff and with the involvement of the guardian.

Or. en

Justification

This amendment seeks to ensure coherence with the reception conditions directive and is inextricably linked to other admissible amendments with the same goal.

Amendment 464 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment

Where necessary for the proper Where necessary for the proper understanding of the applicant, the understanding of the applicant, the information shall also be supplied orally, information shall also be supplied orally, for example in connection with the for example in connection with the personal interview as referred to in Article personal interview as referred to in Article 7. 7. This information shall be adapted to the individual circumstances of the applicant.

Or. en

PE602.907v01-00 106/156 AM\1122580EN.docx EN Justification

This amendment seeks to ensure coherence with the reception conditions directive and is inextricably linked to other admissible amendments with the same goal.

Amendment 465 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 6 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt implementing acts to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

Or. en

Justification

This amendment seeks to ensure coherence with the reception conditions directive and the procedures regulation and is inextricably linked to other admissible amendments with the same goal.

Amendment 466 Péter Niedermüller

Proposal for a regulation Article 6 – paragraph 3

AM\1122580EN.docx 107/156 PE602.907v01-00 EN Text proposed by the Commission Amendment

3. The Commission shall, by means 3. The Asylum Agency shall, in of implementing acts, draw up a common cooperation with the relevant national leaflet, as well as a specific leaflet for authorities draw up common information unaccompanied minors, containing at least material containing at least the information the information referred to in paragraph 1 referred to in paragraph 1 of this Article. of this Article. This common leaflet shall That common information material shall also include information regarding the also include information regarding the application of Regulation (EU) [Proposal application of Regulation (EU) [Proposal for a Regulation recasting Regulation No for a Regulation recasting Regulation No 603/2013] and, in particular, the purpose 603/2013] and, in particular, the purpose for which the data of an applicant may be for which the data of an applicant may be processed within Eurodac. The common processed within Eurodac. The common leaflet shall be established in such a information material shall be established manner as to enable Member States to in such a manner as to enable Member complete it with additional Member State- States to complete it with additional specific information. Those implementing Member State-specific information. The acts shall be adopted in accordance with Asylum Agency shall create specific the examination procedure referred to in information material intended Article 56(2) of this Regulation. particularly for the following target groups: (a) adult applicants; (b) unaccompanied minors; (c) accompanied minors; (d) women; (e) other persons in vulnerable situation. Specific information material should be developed for cases where the corrective allocation mechanism applies and when the ordinary procedures under this Regulation apply.

Or. en

Justification

It would seem reasonable that Asylum Agency as the expert agency in this field be given the task to create information materials with accurate and adapted information about the procedures that asylum seekers are expected to follow. By asking the agency to cooperate with national authorities which are responsible for the reception of asylum seekers on the ground it is hoped that the practical usefulness of the materials can be improved. It would also seem reasonable to develop specific information materials to asylum seekers in different vulnerable situations.

Amendment 467

PE602.907v01-00 108/156 AM\1122580EN.docx EN Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Cécile Kashetu Kyenge, Maria Grapini, Marju Lauristin, Dietmar Köster, Kati Piri

Proposal for a regulation Article 6 – paragraph 3

Text proposed by the Commission Amendment

3. The Commission shall, by means 3. The European Asylum Agency of implementing acts, draw up a common shall, in close cooperation with the leaflet, as well as a specific leaflet for responsible national agencies, draw up unaccompanied minors, containing at least common information materials containing the information referred to in paragraph 1 at least the information referred to in of this Article. This common leaflet shall paragraph 1 of this Article. That common also include information regarding the information material shall also include application of Regulation (EU) [Proposal information regarding the application of for a Regulation recasting Regulation No Regulation (EU) [Proposal for a Regulation 603/2013] and, in particular, the purpose recasting Regulation No 603/2013] and, in for which the data of an applicant may be particular, the purpose for which the data processed within Eurodac. The common of an applicant may be processed within leaflet shall be established in such a Eurodac. The common information manner as to enable Member States to material shall include information on complete it with additional Member State- Member States for the purposes of the specific information. Those implementing allocation mechanism under Chapter VII, acts shall be adopted in accordance with and shall be established in such a manner the examination procedure referred to in as to enable Member States to complete it Article 56(2) of this Regulation. with additional Member State-specific information. The European Asylum Agency shall create specific information material intended particularly for the following target groups: a) adult applicants; b) unaccompanied minors; c) accompanied minors.

Or. en

Justification

The shadow rapporteur believes that asylum seekers should be provided with all the necessary and accurate information about the procedures that they are expected to follow. The shadow rapporteur supports the amendment of the rapporteur, and the idea of giving responsibility to the European asylum agency in developing information material, and believes that the general information should also cover the functioning of the allocation mechanism.

AM\1122580EN.docx 109/156 PE602.907v01-00 EN Amendment 468 Ana Gomes

Proposal for a regulation Article 6 – paragraph 3

Text proposed by the Commission Amendment

3. The Commission shall, by means 3. The European Asylum Agency of implementing acts, draw up a common shall, in close cooperation with the leaflet, as well as a specific leaflet for responsible national agencies, draw up unaccompanied minors, containing at least common information materials containing the information referred to in paragraph 1 at least the information referred to in of this Article. This common leaflet shall paragraph 1 of this Article. That common also include information regarding the information material shall also include application of Regulation (EU) [Proposal information regarding the application of for a Regulation recasting Regulation No Regulation (EU) [Proposal for a Regulation 603/2013] and, in particular, the purpose recasting Regulation No 603/2013] and, in for which the data of an applicant may be particular, the purpose for which the data processed within Eurodac. The common of an applicant may be processed within leaflet shall be established in such a Eurodac. The common information manner as to enable Member States to material shall be established in such a complete it with additional Member State- manner as to enable Member States to specific information. Those implementing complete it with additional Member State- acts shall be adopted in accordance with specific information. The European the examination procedure referred to in Asylum Agency shall create specific Article 56(2) of this Regulation. information material intended particularly for the following target groups: a) adult applicants, with especial attention to gender-sensitive material; b) unaccompanied minors; c) accompanied minors.

Or. en

Justification

Regarding the material to be available to adult applicants, it would be important to have specific sessions and information with a focus on protecting and empowering women.

Amendment 469 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 3

PE602.907v01-00 110/156 AM\1122580EN.docx EN Text proposed by the Commission Amendment

3. The Commission shall, by means 3. The European Union Agency for of implementing acts, draw up a common Asylum shall draw up common leaflet, as well as a specific leaflet for information material, as well as specific unaccompanied minors, containing at least child-friendly information material for the information referred to in paragraph 1 unaccompanied minors, containing at least of this Article. This common leaflet shall the information referred to in paragraph 1 also include information regarding the of this Article. This common information application of Regulation (EU) [Proposal material shall also include information for a Regulation recasting Regulation No regarding the application of Regulation 603/2013] and, in particular, the purpose (EU) [Proposal for a Regulation for which the data of an applicant may be establishing a common procedure for processed within Eurodac. The common international protection in the Union and leaflet shall be established in such a repealing Directive 2013/32/EU] and of manner as to enable Member States to Regulation (EU) [Proposal for a complete it with additional Member State- Regulation recasting Regulation No specific information. Those implementing 603/2013] and, in particular, the purpose acts shall be adopted in accordance with for which the data of an applicant may be the examination procedure referred to in processed within Eurodac. The common Article 56(2) of this Regulation. information material shall be established in such a manner as to enable Member States to complete it with additional Member State-specific information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2) of this Regulation.

Or. en

Justification

Amendment 470 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Péter Niedermüller, Marju Lauristin, Miriam Dalli

AM\1122580EN.docx 111/156 PE602.907v01-00 EN Proposal for a regulation Article 6 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt an implementing act to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

Or. en

Justification

The shadow rapporteur supports the idea of the rapporteur that it is essential that the applicants are kept informed about the progress of their application in order to secure the trust in the asylum system.

Amendment 471 Péter Niedermüller

Proposal for a regulation Article 6 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. The Asylum Agency shall provide a dedicated website with information about the CEAS, and in particular the functioning of this Regulation, targeting applicants for international protection as well as potential applicants. The information on the website shall be comprehensive and up to date and be

PE602.907v01-00 112/156 AM\1122580EN.docx EN provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language and available in all the major relevant languages spoken by applicants for international protection arriving in Europe.

Or. en

Justification

By providing a dedicated website on the practical functioning of the CEAS targeting asylum seekers and potential asylum seekers in Europe we would be able to offer quick and easy access to information for this people. It would also seem reasonable to specify that the information shall be translated and made available in relevant languages spoken by asylum seekers arriving in Europe.

Amendment 472 Kostas Chrysogonos, Sofia Sakorafa, Kostadinka Kuneva, Stelios Kouloglou, Dimitrios Papadimoulis

Proposal for a regulation Article 6 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. The competent authorities of the Member States shall keep the applicants informed upon their own request on the progress of the procedures carried out under this Regulation with regard to their application. In the case of minors, the competent authorities shall inform both the minor and the guardian.

Or. en

Justification

The provision of information to the applicants as regards the progress of their application is their right and is essential.

Amendment 473 Elissavet Vozemberg-Vrionidi

AM\1122580EN.docx 113/156 PE602.907v01-00 EN Proposal for a regulation Article 6 – paragraph 3 a (new)

Text proposed by the Commission Amendment

Or. en

Justification

The provision of information to the applicants as regards the progress of their application is their right and is essential.

Amendment 474 Jean Lambert, Judith Sargentini, Ska Keller on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 a (new)

Text proposed by the Commission Amendment

Article 6 a Right to free legal assistance and representation 1. Without prejudice to the applicant's right to choose his or her own legal representative at his or her own cost, Member States shall provide free legal assistance and representation on matters relating to the application of this Regulation at all stages of the procedure. 2. The free legal assistance and representation shall, at least, include: (a) the provision of information on the procedure in the light of the applicant's individual circumstances;

PE602.907v01-00 114/156 AM\1122580EN.docx EN (b) assistance in the preparation of the personal interview and supporting documents and evidence to be provided as part of the interview, including participation in the personal interview as necessary; (c) explanation of the reasons for and consequences of a transfer decision as well as information as to how to challenge that decision or how to access remedies in situations where no transfer decision is taken pursuant to Article 28.

Or. en

Justification

Amendment 475 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Péter Niedermüller, Kati Piri, Birgit Sippel

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. In order to facilitate the process of 1. In order to facilitate the process of determining the Member State responsible, determining the Member State responsible, the determining Member State shall the determining Member State shall conduct a personal interview with the conduct a personal interview with the applicant, unless the applicant has applicant. The interview shall also allow absconded or the information provided by the proper understanding of the the applicant pursuant to Article 4(2) is information supplied to the applicant in sufficient for determining the Member accordance with Article 6. State responsible. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 6.

Or. en

AM\1122580EN.docx 115/156 PE602.907v01-00 EN Amendment 476 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 477 Lorenzo Fontana

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

PE602.907v01-00 116/156 AM\1122580EN.docx EN Or. it

Amendment 478 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. In order to facilitate the process of 1. In order to facilitate the process of determining the Member State responsible, determining the Member State responsible, the determining Member State shall the determining Member State shall conduct a personal interview with the conduct a personal interview with the applicant, unless the applicant has applicant, unless the information provided absconded or the information provided by by the applicant pursuant to Article 4(2) is the applicant pursuant to Article 4(2) is sufficient for determining the Member sufficient for determining the Member State responsible and the applicant does State responsible. The interview shall also not request to be heard. The interview allow the proper understanding of the shall also allow the proper understanding information supplied to the applicant in of the information supplied to the applicant accordance with Article 6. in accordance with Article 6.

Or. en

Justification

This amendment is needed to maintain the logic of the text as it should serve to ensure the realisation of the applicant's procedural rights and an individual assessment of his or her circumstances. This amendment is inextricably linked to admissible amendments under the draft report aiming to strengthen the applicant's procedural rights.

Amendment 479 Salvatore Domenico Pogliese

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

AM\1122580EN.docx 117/156 PE602.907v01-00 EN absconded or the information provided by by the applicant pursuant to Article 4(2) is the applicant pursuant to Article 4(2) is sufficient for determining the Member sufficient for determining the Member State responsible. The interview shall also State responsible. The interview shall also allow the proper understanding of the allow the proper understanding of the information supplied to the applicant in information supplied to the applicant in accordance with Article 6. accordance with Article 6.

Or. it

Amendment 480 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Kati Piri, Péter Niedermüller

Proposal for a regulation Article 7 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. The Member State may dispense with the personal interview where the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible. The Member State dispensing with the interview shall give the applicant the opportunity to present all further information which is relevant for correctly determining the Member State responsible before a final decision is taken to transfer the applicant to the Member State responsible pursuant to Article 30(1). In the period between the final decision and the actual transfer to a designated Member State, Member States shall exceptionally take into consideration other elements provided by the applicant if the delay in submitting them is due to force majeure.

Or. en

Justification

It is suggested by the shadow rapporteur to give the applicants the opportunity to submit further evidence until a final decision is taken, and in addition that some relevant information

PE602.907v01-00 118/156 AM\1122580EN.docx EN could be provided in the phase immediately after the adoption of the decision if the delay is due to force majeure.

Amendment 481 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Cécile Kashetu Kyenge, Maria Grapini, Kati Piri, Péter Niedermüller, Marju Lauristin

Proposal for a regulation Article 7 – paragraph 2

Text proposed by the Commission Amendment

2. The personal interview shall take 2. The personal interview shall take place in a timely manner and, in any event, place in a timely manner and, in any event, before any take charge request pursuant before any decision on the substance is to Article 24 is made. taken.

Or. en

Amendment 482 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Cécile Kashetu Kyenge, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Maria Grapini, Kati Piri, Miriam Dalli, Péter Niedermüller, Marju Lauristin, Birgit Sippel

Proposal for a regulation Article 7 – paragraph 3

Text proposed by the Commission Amendment

3. The personal interview shall be 3. The personal interview shall be conducted in a language that the applicant conducted in a language that the applicant understands or is reasonably supposed to understands or is reasonably supposed to understand and in which he or she is able understand and in which he or she is able to communicate. Where necessary, to communicate. When the applicant is a Member States shall have recourse to an minor, the personal interview shall be interpreter who is able to ensure conducted in a child-friendly manner and appropriate communication between the with the presence of the guardian and, applicant and the person conducting the where applicable, the legal advisor or personal interview. counsellor. Where necessary, Member States shall have recourse to a qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the

AM\1122580EN.docx 119/156 PE602.907v01-00 EN personal interview.

Or. en

Justification

It is suggested by the shadow rapporteur to give the applicant, in particular the minor, to be provided of all necessary legal and linguistic guarantees at all stages of the interview.

Amendment 483 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 7 – paragraph 3

Text proposed by the Commission Amendment

3. The personal interview shall be 3. The personal interview shall be conducted in a language that the applicant conducted in a language that the applicant understands or is reasonably supposed to understands and in which he or she is able understand and in which he or she is able to communicate. Interviews with minors to communicate. Where necessary, shall be conducted in a child-friendly Member States shall have recourse to an manner in the presence of the guardian interpreter who is able to ensure and, where applicable, the legal advisor or appropriate communication between the counsellor. Where necessary, Member applicant and the person conducting the States shall have recourse to a qualified personal interview. interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview, and to an intercultural mediator.

Or. en

Justification

This amendment seeks to improve conditions for minors and as such is inextricably linked to other amendments with the same goal.

Amendment 484 Daniel Dalton, Helga Stevens, Branislav Škripek

Proposal for a regulation Article 7 – paragraph 3

PE602.907v01-00 120/156 AM\1122580EN.docx EN Text proposed by the Commission Amendment

3. The personal interview shall be 3. The personal interview shall be conducted in a language that the applicant conducted in a language that the applicant understands or is reasonably supposed to understands or is reasonably supposed to understand and in which he or she is able understand and in which he or she is able to communicate. Where necessary, to communicate. Interviews with minors Member States shall have recourse to an shall be conducted in a child-friendly interpreter who is able to ensure manner. Where necessary, Member States appropriate communication between the shall have recourse to an interpreter who is applicant and the person conducting the able to ensure appropriate communication personal interview. between the applicant and the person conducting the personal interview.

Or. en

Justification

We believe that the best interest of the child is important and therefore that interviews should be conducted in a child friendly manner.

Amendment 485 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Jana Žitňanská, Alessandra Mussolini, Carlos Coelho

Proposal for a regulation Article 7 – paragraph 3

Text proposed by the Commission Amendment

3. The personal interview shall be 3. The personal interview shall be conducted in a language that the applicant conducted in a language that the applicant understands or is reasonably supposed to understands or is reasonably supposed to understand and in which he or she is able understand and in which he or she is able to communicate. Where necessary, to communicate and, when the applicant is Member States shall have recourse to an a minor, in a child-friendly manner. interpreter who is able to ensure Where necessary, Member States shall appropriate communication between the have recourse to an interpreter who is able applicant and the person conducting the to ensure appropriate communication personal interview. between the applicant and the person conducting the personal interview.

Or. en

AM\1122580EN.docx 121/156 PE602.907v01-00 EN Justification

This amendment intends to include special safeguards in case the applicant is a minor.

Amendment 486 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Rosa D'Amato, David Borrelli, Marco Zullo, Marco Valli, Daniela Aiuto, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Dario Tamburrano, Laura Agea, Tiziana Beghin

Proposal for a regulation Article 7 – paragraph 3

Text proposed by the Commission Amendment

3. The personal interview shall be 3. The personal interview shall be conducted in a language that the applicant conducted in a language that the applicant understands or is reasonably supposed to understands and in which he or she is able understand and in which he or she is able to communicate. Where necessary, to communicate. Where necessary, Member States shall have recourse to an Member States shall have recourse to an interpreter who is able to ensure interpreter who is able to ensure appropriate communication between the appropriate communication between the applicant and the person conducting the applicant and the person conducting the personal interview. personal interview.

Or. it

Justification

The amendment is necessary to ensure consistency with the text of recital 25 and Article 6(2), as amended. Providing information in a language that the applicant understands is a precondition for ensuring access to the right to asylum.

Amendment 487 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Kati Piri, Miriam Dalli, Marju Lauristin, Péter Niedermüller

Proposal for a regulation Article 7 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. The person conducting the interview shall be competent to take

PE602.907v01-00 122/156 AM\1122580EN.docx EN account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past. The applicant may request to be interviewed and assisted by personnel of the same sex, provided that this is possible.

Or. en

Justification

It is important that the interview shall be conducted in the most professional and accurate manner. Therefore the shadow rapporteur suggests this amendment, to ensure that the person conducting the interview is sufficiently qualified to support and understand the personal and general circumstances through which the applicant may have gone through.

Amendment 488 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 7 – paragraph 4

Text proposed by the Commission Amendment

4. The personal interview shall take 4. The personal interview shall take place under conditions which ensure place under conditions which ensure appropriate confidentiality. It shall be appropriate confidentiality. It shall be conducted by a qualified person under conducted by a qualified person under national law. national law. Applicants who are identified as being in need of special procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for effectively presenting all elements that would allow for the determination of the Member State responsible.

AM\1122580EN.docx 123/156 PE602.907v01-00 EN Or. en

Justification

This amendment is inextricably linked to my amendments on Chapter III and Chapter VII.

Amendment 489 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Article 7 – paragraph 4

Text proposed by the Commission Amendment

4. The personal interview shall take 4. The personal interview shall take place under conditions which ensure place under conditions which ensure appropriate confidentiality. It shall be appropriate confidentiality. It shall be conducted by a qualified person under conducted by a qualified person under national law. national law. Children shall be interviewed in a child-friendly manner by appropriately trained and qualified person under national law and in the presence of the guardian and legal representative.

Or. en

Justification

Amendment 490 Monika Hohlmeier

Proposal for a regulation Article 7 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. The qualified person conducting the personal interview is obliged to notify

PE602.907v01-00 124/156 AM\1122580EN.docx EN the competent national authorities and the competent staff of Europol and the European Border and Coast Guard as soon as possible when he or she has reasonable grounds that the applicant is in any way at risk of being exploited by or is involved him- or herself in human trafficking activities, terrorist activities and organised crime networks;

Or. en

Justification

Both Europol and the European Border and Coast Guard Agency clearly stated that migratory routes are misused by criminal networks for their purposes such as human trafficking, terrorism or organised crime1a . It is therefore of utmost importance to increase the fight against human traffickers, organised crime networks and terrorism, which will simultaneously ensure the individual safety of persons in clear need of international protection and the public security of the Member States. This amendment will help reaching the objective at an early stage.

Amendment 491 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Alessandra Mussolini, Carlos Coelho

Proposal for a regulation Article 7 – paragraph 5

Text proposed by the Commission Amendment

5. The Member State conducting the 5. The Member State conducting the personal interview shall make a written personal interview shall make a written summary thereof which shall contain at summary thereof which shall contain at least the main information supplied by the least the main information supplied by the applicant at the interview. This summary applicant at the interview. The information may either take the form of a report or a provided in the summary shall be verified standard form. The Member State shall with the applicant and, where relevant, ensure that the applicant and/or the legal the guardian and/or legal advisor or advisor or other counsellor who is counsellor, during the interview. This representing the applicant have timely summary may either take the form of a access to the summary. report or a standard form. The Member State shall ensure that the applicant and/or the guardian, the legal advisor or other counsellor who is representing the

AM\1122580EN.docx 125/156 PE602.907v01-00 EN applicant have access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.

Or. en

Justification

This amendment is aimed at strengthening the provisions to protect minor applicants.

Amendment 492 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Kati Piri, Péter Niedermüller, Marju Lauristin

Proposal for a regulation Article 7 – paragraph 5

Text proposed by the Commission Amendment

5. The Member State conducting the 5. The Member State conducting the personal interview shall make a written personal interview shall make a written summary thereof which shall contain at summary thereof which shall contain at least the main information supplied by the least the main information supplied by the applicant at the interview. This summary applicant at the interview. The information may either take the form of a report or a in the summary shall be verified with the standard form. The Member State shall applicant and, where relevant, the ensure that the applicant and/or the legal guardian and/or legal advisor or advisor or other counsellor who is counsellor, during the interview. This representing the applicant have timely summary may either take the form of a access to the summary. report or a standard form. The Member State shall ensure that the applicant and/ or the guardian, the legal advisor or counsellor who is representing the applicant have access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.

Or. en

Justification

Late access to the summary of the interview can mean that applicants cannot correct erroneous information before a transfer decision is taken. This means that only at appeals

PE602.907v01-00 126/156 AM\1122580EN.docx EN stage the applicant would be able to discover if the authorities recorded information in a wrong manner.

Amendment 493 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 7 – paragraph 5

Text proposed by the Commission Amendment

5. The Member State conducting the 5. The Member State conducting the personal interview shall make a written personal interview shall make a written summary thereof which shall contain at summary thereof which shall contain at least the main information supplied by the least the main information supplied by the applicant at the interview. This summary applicant at the interview. The information may either take the form of a report or a included in the summary shall be verified standard form. The Member State shall by the applicant, where appropriate with ensure that the applicant and/or the legal the assistance of an interpreter, and, advisor or other counsellor who is where relevant, by the guardian and/or representing the applicant have timely legal representative during the access to the summary. interview. This summary shall take the form of a report. The Member State shall ensure that the applicant and/or the legal advisor or other counsellor who is representing the applicant have timely access to the summary.

Or. en

Justification

Amendment 494 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 7 – paragraph 5

AM\1122580EN.docx 127/156 PE602.907v01-00 EN Text proposed by the Commission Amendment

5. The Member State conducting the 5. The Member State conducting the personal interview shall make a written personal interview shall make a written summary thereof which shall contain at summary thereof which shall contain at least the main information supplied by the least the main information supplied by the applicant at the interview. This summary applicant at the interview. The information may either take the form of a report or a in the summary shall be verified with the standard form. The Member State shall applicant and, where relevant, the ensure that the applicant and/or the legal guardian and/or legal advisor or advisor or other counsellor who is counsellor, during the interview. This representing the applicant have timely summary may either take the form of a access to the summary. report or a standard form. The Member State shall ensure that the applicant and/or the legal advisor or other counsellor who is representing the applicant have timely access to the summary.

Or. en

Justification

This amendment is inextricably linked to my amendments on Chapter III and Chapter VII.

Amendment 495 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Rosa D'Amato, David Borrelli, Marco Zullo, Marco Valli, Daniela Aiuto, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Dario Tamburrano, Laura Agea, Tiziana Beghin

Proposal for a regulation Article 7 – paragraph 5

Text proposed by the Commission Amendment

5. The Member State conducting the 5. The Member State conducting the personal interview shall make a written personal interview shall record it in full summary thereof which shall contain at using audiovisual equipment. The least the main information supplied by the Member State shall ensure that the applicant at the interview. This summary applicant and/or the legal advisor or other may either take the form of a report or a counsellor who is representing the standard form. The Member State shall applicant have timely access to the ensure that the applicant and/or the legal audiovisual recording. advisor or other counsellor who is representing the applicant have timely access to the summary.

Or. it

PE602.907v01-00 128/156 AM\1122580EN.docx EN Justification

The amendment is necessary to ensure consistency with the text of the proposal for a regulation establishing a common procedure for international protection in the Union.

Amendment 496 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White

Proposal for a regulation Article 7 – paragraph 5 a (new)

Text proposed by the Commission Amendment

5a. Where requested by the applicant, the determining authority shall ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.

Or. en

Justification

Additional safeguards, which concern the requirements for conducting personal interviews, need to be introduced in this article. These changes are consistent with the requirements for personal interview contained in article 12 of Regulation XXX/XXX EU [Procedures Regulation].

Amendment 497 Filiz Hyusmenova

Proposal for a regulation Article 8 – paragraph 1

Text proposed by the Commission Amendment

1. The best interests of the child shall 1. The best interests of the child shall be a primary consideration for Member be the primary consideration for Member

AM\1122580EN.docx 129/156 PE602.907v01-00 EN States with respect to all procedures States with respect to all procedures provided for in this Regulation. provided for in this Regulation.

Or. en

Justification

The best interests of the child should be a factor of leading importance, not just one of many factors to be taken into account.

Amendment 498 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Rosa D'Amato, David Borrelli, Marco Zullo, Marco Valli, Daniela Aiuto, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Dario Tamburrano, Laura Agea, Tiziana Beghin

Proposal for a regulation Article 8 – paragraph 1

Text proposed by the Commission Amendment

1. The best interests of the child shall 1. The best interests of the child shall be a primary consideration for Member be the primary consideration for Member States with respect to all procedures States with respect to all procedures provided for in this Regulation. provided for in this Regulation.

Or. it

Justification

The best interests of the child must be the main criterion for implementing the procedures, and not just one criterion among many.

Amendment 499 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Rosa D'Amato, David Borrelli, Marco Zullo, Marco Valli, Daniela Aiuto, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Dario Tamburrano, Laura Agea, Tiziana Beghin

Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Each Member State where an Each Member State where an unaccompanied minor is obliged to be unaccompanied minor is obliged to be present shall ensure that a representative present shall ensure that a guardian represents and/or assists the represents and/or assists the

PE602.907v01-00 130/156 AM\1122580EN.docx EN unaccompanied minor with respect to the unaccompanied minor with respect to the relevant procedures provided for in this relevant procedures provided for in this Regulation. The representative shall have Regulation. The guardian shall have the the qualifications and expertise to ensure qualifications, expertise and independence that the best interests of the minor are to ensure that the best interests of the taken into consideration during the minor are taken into consideration during procedures carried out under this the procedures carried out under this Regulation. Such representative shall have Regulation, and the guardian must have access to the content of the relevant received appropriate training in this area. documents in the applicant’s file including Such a guardian shall have access to the the specific leaflet for unaccompanied content of the relevant documents in the minors. applicant’s file including the specific leaflet for unaccompanied minors. Through implementing measures, the Commission shall lay down the requirements and procedures for the training of guardians.

Or. it

Justification

Amendment 500 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Alessandra Mussolini, Carlos Coelho

Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Each Member State where an Each Member State where an unaccompanied minor is obliged to be unaccompanied minor is present shall present shall ensure that a representative ensure that a guardian represents and/or represents and/or assists the assists the unaccompanied minor with unaccompanied minor with respect to the respect to all procedures provided for in relevant procedures provided for in this this Regulation. The guardian shall have Regulation. The representative shall have the qualifications, expertise and the qualifications and expertise to ensure independence to ensure that the best that the best interests of the minor are interests of the minor are taken into taken into consideration during the consideration during the procedures carried procedures carried out under this out under this Regulation. Such a guardian Regulation. Such representative shall have shall have access to the content of the

AM\1122580EN.docx 131/156 PE602.907v01-00 EN access to the content of the relevant relevant documents in the applicant's file documents in the applicant’s file including including the specific information the specific leaflet for unaccompanied materials for unaccompanied minors. The minors. guardian shall be appointed no later than five days from the moment when an unaccompanied minor arrives in the Member State.

Or. en

Justification

This amendment is aimed at strengthening the provisions to protect minor applicants.

Amendment 501 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Kati Piri, Miriam Dalli, Péter Niedermüller

Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Or. en

PE602.907v01-00 132/156 AM\1122580EN.docx EN Justification

A child should always have access to a qualified guardian independent from the authorities responsible for implementing the Dublin Regulation, that should be appointed as soon as possible, at the latest within five days from the making of the application.

Amendment 502 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Or. en

Justification

This amendment is inextricably linked to my amendments on Chapter III and Chapter VII. It also seeks to ensure coherence of the text with other instruments under revision, in particular the reception conditions directive.

Amendment 503 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

AM\1122580EN.docx 133/156 PE602.907v01-00 EN Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Each Member State where an Each Member State where an unaccompanied minor is obliged to be unaccompanied minor is present shall present shall ensure that a representative ensure that a guardian represents and/or represents and/or assists the assists the unaccompanied minor with unaccompanied minor with respect to the respect to the relevant procedures provided relevant procedures provided for in this for in this Regulation. The guardian shall Regulation. The representative shall have have the independence, qualifications and the qualifications and expertise to ensure expertise to ensure that the best interests of that the best interests of the minor are the child are taken into consideration taken into consideration during the during the procedures carried out under procedures carried out under this this Regulation. Such guardian shall have Regulation. Such representative shall have access to the content of the relevant access to the content of the relevant documents in the applicant’s file including documents in the applicant’s file including the specific information material for the specific leaflet for unaccompanied unaccompanied minors. Guardians shall minors. receive regular training to undertake their tasks.

Or. en

Justification

Amendment 504 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Kati Piri, Péter Niedermüller, Marju Lauristin

Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission Amendment

The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the

PE602.907v01-00 134/156 AM\1122580EN.docx EN guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.

Or. en

Justification

Member States shall ensure that guardians and staff of competent authorities working on cases involving children have the necessary qualifications, expertise and skills and receive the necessary training and support to work with children, including knowledge on child rights, psychology and development, communication with children and multidisciplinary best interests’ assessments.

Amendment 505

AM\1122580EN.docx 135/156 PE602.907v01-00 EN Anna Maria Corazza Bildt, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Antonio López-Istúriz White, Carlos Coelho

Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission Amendment

The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific leaflets for unaccompanied minors and the forms provided for in Article 8. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the status of the procedures under this Regulation concerning them. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.

Or. en

PE602.907v01-00 136/156 AM\1122580EN.docx EN Justification

This amendment aims at ensuring that guardians and staff of competent authorities working on cases involving children have the necessary qualifications, expertise and skills and receive the necessary training and support to work with children, including knowledge on child rights, psychology and development, communication with children and multidisciplinary best interests’ assessments.

Amendment 506 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission Amendment

Or. en

Justification

Amendment 507 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 8 – paragraph 3 – point b

AM\1122580EN.docx 137/156 PE602.907v01-00 EN Text proposed by the Commission Amendment

(b) the minor’s well-being and social (b) the minor’s well-being and social development; development, taking into particular consideration his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services;

Or. en

Justification

Amendment 508 Anna Maria Corazza Bildt, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Antonio López-Istúriz White, Alessandra Mussolini, Carlos Coelho

Proposal for a regulation Article 8 – paragraph 3 – point b

Text proposed by the Commission Amendment

Or. en

Justification

This amendment intends to extend the safeguards for minors.

Amendment 509

PE602.907v01-00 138/156 AM\1122580EN.docx EN Monika Hohlmeier

Proposal for a regulation Article 8 – paragraph 3 – point c

Text proposed by the Commission Amendment

(c) safety and security considerations, (c) safety and security considerations, in particular where there is a risk of the in particular where there is a risk of the minor being a victim of human trafficking; minor being a victim of any kind of human trafficking, organized crime or exploitation e.g. organ trade, forced beggary or prostitution; if the qualified person conducting the personal interview has reasonable grounds that the minor is in any way at risk of being exploited by human traffickers, terrorist organizations or organized crime networks, he or she be obliged to notify the competent national authorities and the competent staff of Europol and the European Border and Coast Guard as soon as possible and accommodate the minor in a special reception centre;

Or. en

Justification

Both Europol and the European Border and Coast Guard Agency clearly stated that migratory routes are misused by criminal networks for their purposes such as human trafficking, terrorism or organised crime1a. It is therefore of utmost importance to increase the fight against human traffickers, organised crime networks and terrorism, which will simultaneously ensure the individual safety of persons in clear need of international protection and the public security of the Member States. This amendment will help reaching the objective at an early stage.

Amendment 510 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Jana Žitňanská, Alessandra Mussolini, Carlos Coelho

Proposal for a regulation Article 8 – paragraph 3 – point c

Text proposed by the Commission Amendment

AM\1122580EN.docx 139/156 PE602.907v01-00 EN (c) safety and security considerations, (c) safety and security considerations, in particular where there is a risk of the in particular where there is a risk of the minor being a victim of human trafficking; minor being a victim of any form of violence and exploitation, including trafficking in human beings;

Or. en

Justification

This amendment is aimed at strengthening the provisions to protect minor applicants.

Amendment 511 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 8 – paragraph 3 – point c

Text proposed by the Commission Amendment

Or. en

Justification

Amendment 512 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Jana Žitňanská, Alessandra Mussolini, Carlos Coelho

Proposal for a regulation Article 8 – paragraph 3 – point c a (new)

Text proposed by the Commission Amendment

PE602.907v01-00 140/156 AM\1122580EN.docx EN (ca) situations of vulnerability, including trauma, specific health needs and disability

Or. en

Justification

This amendment aims at highlighting that the determining authority shall take into consideration the special needs of the most vulnerable.

Amendment 513 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 8 – paragraph 3 – point c a (new)

Text proposed by the Commission Amendment

(ca) the guarantee of a handover to a designated guardian in the receiving Member State;

Or. en

Justification

Amendment 514 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 8 – paragraph 3 – point c b (new)

Text proposed by the Commission Amendment

(cb) the information provided by the guardian in the Member State where the minor is present.

AM\1122580EN.docx 141/156 PE602.907v01-00 EN Or. en

Justification

Amendment 515 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 8 – paragraph 3 – point c c (new)

Text proposed by the Commission Amendment

(cc) situations of vulnerability, including abuse, trauma, specific health needs and disability.

Or. en

Justification

Amendment 516 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Alessandra Mussolini, Carlos Coelho

Proposal for a regulation Article 8 – paragraph 3 – point d – point i (new)

Text proposed by the Commission Amendment

i) the need for decisions concerning children to be treated with priority

Or. en

PE602.907v01-00 142/156 AM\1122580EN.docx EN Justification

This proposed amendment is aimed at ensuring that swift access to an asylum procedure is taken into account as one of the factors to be considered in a Best Interests Assessment.

Amendment 517 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Maria Grapini, Kati Piri, Péter Niedermüller, Marju Lauristin

Proposal for a regulation Article 8 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. situations of vulnerability, including abuse, trauma, specific health needs and disability;

Or. en

Justification

It is important to include in the assessment of the best interests of the child the consideration of vulnerability, abuse, trauma, specific health needs and disability.

Amendment 518 Elly Schlein, Caterina Chinnici, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Kati Piri, Miriam Dalli, Péter Niedermüller, Marju Lauristin

Proposal for a regulation Article 8 – paragraph 3 b (new)

Text proposed by the Commission Amendment

3b. the need for decisions concerning children to be treated with priority;

Or. en

Justification

The rapporteur believes that the proposed amendment will reinforce the proper care for children which will allow authorities to build trust with the minors.

AM\1122580EN.docx 143/156 PE602.907v01-00 EN Amendment 519 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Article 8 – paragraph 4

Text proposed by the Commission Amendment

4. Before transferring an 4. Any decision on the Member State unaccompanied minor to the Member responsible or, where applicable, on the State responsible or, where applicable, to Member State of allocation concerning an the Member State of allocation, the unaccompanied minor shall be preceded transferring Member State shall make sure by a multidisciplinary assessment of that the Member State responsible or the his/her best interests. The assessment Member State of allocation takes the shall be based on the factors listed in measures referred to in Articles 14 and 24 paragraph 3 and the conclusions of the of Directive 2013/33/EU and Article 25 of assessment on each of the factors shall be Directive 2013/32/EU without delay. Any clearly stated in the decision on decision to transfer an unaccompanied responsibility. The multidisciplinary minor shall be preceded by an assessment assessment shall involve competent staff of his/her best interests. The assessment with expertise in child rights, psychology shall be based on the factors listed in and development and shall involve, at a paragraph 3. The assessment shall be minimum, the minor's guardian and legal done swiftly by staff with the advisor or counsellor. qualifications and expertise to ensure that Before any transfer of an unaccompanied the best interests of the minor are taken minor takes place, the transferring into consideration. Member State shall obtain individual guarantees that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor to another Member State shall be preceded by an assessment of his or her best interests, carried out by the competent judicial or administrative authority according to the national law of the Member State.

Or. en

Amendment 520

PE602.907v01-00 144/156 AM\1122580EN.docx EN Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Kati Piri, Marju Lauristin, Péter Niedermüller

Proposal for a regulation Article 8 – paragraph 4

Text proposed by the Commission Amendment

4. Before transferring an 4. Any decision on the Member State unaccompanied minor to the Member responsible or, where applicable, on the State responsible or, where applicable, to Member State of allocation concerning an the Member State of allocation, the unaccompanied minor shall be preceded transferring Member State shall make by a multidisciplinary assessment of sure that the Member State responsible or his/her best interests, carried out by the the Member State of allocation takes the competent judicial or administrative measures referred to in Articles 14 and 24 authorities according to the national law of Directive 2013/33/EU and Article 25 of of the Member State. The assessment shall Directive 2013/32/EU without delay. Any be based on the factors listed in decision to transfer an unaccompanied paragraph 3 and the conclusions of the minor shall be preceded by an assessment assessment on each of the factors shall be of his/her best interests. The assessment clearly stated in the decision on shall be based on the factors listed in responsibility. The multidisciplinary paragraph 3. The assessment shall be assessment shall involve competent staff done swiftly by staff with the with expertise in child rights, psychology qualifications and expertise to ensure that and development and shall involve, at a the best interests of the minor are taken minimum, the minor's guardian and legal into consideration. advisor or counsellor. Before any transfer of an unaccompanied minor, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.

Or. en

Justification

The proposed wording reflects the idea that any decision to transfer of an unaccompanied minor shall be preceded by a multidisciplinary assessment of his/her the best interest. . At a minimum, the guardian and legal advisor should be involved in the multidisciplinary assessment.

Amendment 521

AM\1122580EN.docx 145/156 PE602.907v01-00 EN Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Barbara Matera, Carlos Coelho

Proposal for a regulation Article 8 – paragraph 4

Text proposed by the Commission Amendment

4. Before transferring an 4. Any decision on the Member State unaccompanied minor to the Member responsible or, where applicable, on the State responsible or, where applicable, to Member State of allocation concerning an the Member State of allocation, the unaccompanied minor shall be preceded transferring Member State shall make by a multidisciplinary assessment of sure that the Member State responsible or his/her best interests. The assessment the Member State of allocation takes the shall be based on the factors listed in measures referred to in Articles 14 and 24 paragraph 3 and the conclusions of the of Directive 2013/33/EU and Article 25 of assessment on each of the factors shall be Directive 2013/32/EU without delay. Any clearly stated in the decision on decision to transfer an unaccompanied responsibility. The multidisciplinary minor shall be preceded by an assessment assessment shall be done swiftly by of his/her best interests. The assessment competent staff with expertise in child shall be based on the factors listed in rights, psychology and development paragraph 3. The assessment shall be involving the minor's guardian and legal done swiftly by staff with the advisor or counsellor to ensure that the qualifications and expertise to ensure that best interests of the minor are respected. the best interests of the minor are taken Before any transfer of an unaccompanied into consideration. minor, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.

Or. en

Amendment 522 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Article 8 – paragraph 4

Text proposed by the Commission Amendment

4. Before transferring an 4. Any decision on the determination

PE602.907v01-00 146/156 AM\1122580EN.docx EN unaccompanied minor to the Member of the Member State responsible or, where State responsible or, where applicable, to applicable, to the Member State of the Member State of allocation, the allocation. Any decision to transfer an transferring Member State shall make unaccompanied minor shall be preceded by sure that the Member State responsible or an assessment of his/her best interests. The the Member State of allocation takes the assessment shall be based on the factors measures referred to in Articles 14 and 24 listed in paragraph 3. The assessment shall of Directive 2013/33/EU and Article 25 of be done swiftly by staff with the Directive 2013/32/EU without delay. Any qualifications and expertise in child rights decision to transfer an unaccompanied to ensure that the best interests of the child minor shall be preceded by an assessment are taken into consideration, it shall of his/her best interests. The assessment involve at least the guardian and legal shall be based on the factors listed in advisor or counsellor and the child's right paragraph 3. The assessment shall be done to be heard must be guaranteed. The swiftly by staff with the qualifications and transferring Member States shall obtain expertise to ensure that the best interests of individual guarantees that the Member the minor are taken into consideration. State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.

Or. en

Justification

This amendment is needed to maintain the logic of the text as it should serve to ensure the realisation of children's right to be heard and procedural rights, including the determination of their best interests, thus enhancing the system's capacity to determine efficiently and effectively a single Member State responsible for examining the application for international protection as the European Commission highlights in its explanatory memorandum accompanying the proposed recast Regulation. This amendment is inextricably linked to the admissible amendments to Articles 6(2) and 6(3).

Amendment 523 Elissavet Vozemberg-Vrionidi

Proposal for a regulation Article 8 – paragraph 4

Text proposed by the Commission Amendment

AM\1122580EN.docx 147/156 PE602.907v01-00 EN sure that the Member State responsible or be done swiftly by staff with the the Member State of allocation takes the qualifications and expertise to ensure that measures referred to in Articles 14 and 24 the best interests of the minor are taken of Directive 2013/33/EU and Article 25 of into consideration. Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.

Or. en

Justification

The obligations described in art. 14 and 24 of Directive 2013/33/EU and art. 25 of Directive 2013/32/EU are general obligations of all the MSs. It is a basic principle though of the EU law that it is up to the Commission to monitor the correct implementation of these obligations. The member states are not in the position to perform this kind of monitoring.

Amendment 524 Kostas Chrysogonos, Kostadinka Kuneva, Stelios Kouloglou, Dimitrios Papadimoulis, Sofia Sakorafa

Proposal for a regulation Article 8 – paragraph 4

Text proposed by the Commission Amendment

4. Before transferring an 4. Any decision to transfer an unaccompanied minor to the Member unaccompanied minor shall be preceded by State responsible or, where applicable, to an assessment of his/her best interests. The the Member State of allocation, the assessment shall be based on the factors transferring Member State shall make listed in paragraph 3. The assessment shall sure that the Member State responsible or be done swiftly by staff with the the Member State of allocation takes the qualifications and expertise to ensure that measures referred to in Articles 14 and 24 the best interests of the minor are taken of Directive 2013/33/EU and Article 25 of into consideration. Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done

PE602.907v01-00 148/156 AM\1122580EN.docx EN swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.

Or. en

Justification

The obligations described in art. 14 and 24 of Directive 2013/33/EU and art. 25 of Directive 2013/32/EU are general obligations of all the MSs. It is a basic principle though of the EU law that it is up to the Commission to monitor the correct implementation of these obligations. The member states are often not in the position to perform this kind of monitoring.

Amendment 525 Filiz Hyusmenova

Proposal for a regulation Article 8 – paragraph 4

Text proposed by the Commission Amendment

4. Before transferring an 4. Before transferring an unaccompanied minor to the Member State unaccompanied minor to the Member State responsible or, where applicable, to the responsible or, where applicable, to the Member State of allocation, the Member State of allocation, the transferring Member State shall make sure transferring Member State shall make sure that the Member State responsible or the that the Member State responsible or the Member State of allocation takes the Member State of allocation takes the measures referred to in Articles 14 and 24 measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied decision to transfer an unaccompanied minor shall be preceded by an assessment minor shall be preceded by an assessment of his/her best interests. The assessment of his/her best interests. The assessment shall be based on the factors listed in shall be based on the factors listed in paragraph 3. The assessment shall be done paragraph 3. The assessment shall be done swiftly by staff with the qualifications and swiftly by staff with the qualifications and expertise to ensure that the best interests of expertise to ensure that the best interests of the minor are taken into consideration. the child are taken into consideration.

Or. en

Justification

Using the term best interests of the "child" provides for terminological coherence with other EU law provisions

AM\1122580EN.docx 149/156 PE602.907v01-00 EN Amendment 526 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Hilde Vautmans, Damiano Zoffoli, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Barbara Matera, Carlos Coelho

Proposal for a regulation Article 8 – paragraph new5 – subparagraph 1

Text proposed by the Commission Amendment

For the purpose of applying Article 10, the For the purpose of applying Articles 10 Member State where the unaccompanied and 19, the Member State where the minor lodged an application for unaccompanied minor made an application international protection shall, as soon as for international protection shall, as soon as possible, take appropriate action to identify possible, take appropriate action to identify the family members or relatives of the the family members, relatives or any other unaccompanied minor on the territory of family relations of the unaccompanied Member States, whilst protecting the best minor on the territory of Member States, interests of the child. whilst protecting the best interests of the child, when relevant with the assistance of international or other relevant organisation to facilitate the minor's access to the tracing services of such organisations. The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.

Or. en

Justification

This amendment is aimed at strengthening the provisions to protect minor applicants.

Amendment 527 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Kati Piri, Miriam Dalli, Péter Niedermüller

Proposal for a regulation

PE602.907v01-00 150/156 AM\1122580EN.docx EN Article 8 – paragraph new5 – subparagraph 1

Text proposed by the Commission Amendment

Or. en

Justification

It is suggested by the shadow rapporteur that family tracing can be initiated at the moment where an application is made to ensure that it starts as soon as possible. Further, family tracing should not be limited to family members and relatives, but should extend to other family relations present on the territory of the MS. In such cases, the child could be reunited with broader family also on the basis of the discretionary clauses (Art. 19).

Amendment 528 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Article 8 – paragraph new5 – subparagraph 1

Text proposed by the Commission Amendment

For the purpose of applying Article 10, the For the purpose of applying Article 10 and Member State where the unaccompanied 19, the Member State where the minor lodged an application for unaccompanied minor registered an international protection shall, as soon as application for international protection possible, take appropriate action to identify shall, as soon as possible, take appropriate the family members or relatives of the action to identify the family members or unaccompanied minor on the territory of relatives of the unaccompanied minor on Member States, whilst protecting the best the territory of Member States, whilst interests of the child. protecting the best interests of the child.

Or. en

AM\1122580EN.docx 151/156 PE602.907v01-00 EN Justification

This amendment is needed to maintain the logic of the text as it should serve to ensure the realisation of children's right to be heard, procedural rights, and right to family life, in full respect with his or her best interests, thus enhancing the system's capacity to determine efficiently and effectively a single Member State responsible for examining the application for international protection as the European Commission highlights in its explanatory memorandum accompanying the proposed recast Regulation. This amendment is inextricably linked to the admissible amendments to Articles 6(2) and 6(3).

Amendment 529 Monika Hohlmeier

Proposal for a regulation Article 8 – paragraph new5 – subparagraph 1

Text proposed by the Commission Amendment

For the purpose of applying Article 10, the For the purpose of applying Article 10, the Member State where the unaccompanied Member State where the unaccompanied minor lodged an application for minor lodged an application for international protection shall, as soon as international protection shall, as soon as possible, take appropriate action to identify possible, take appropriate action to identify the family members or relatives of the the family members, siblings or relatives of unaccompanied minor on the territory of the unaccompanied minor on the territory Member States, whilst protecting the best of Member States, whilst protecting the interests of the child. best interests of the child.

Or. en

Justification

Amendment 530 Anna Maria Corazza Bildt, Caterina Chinnici, Nathalie Griesbeck, Julie Ward, Silvia Costa, Luigi Morgano, Simona Bonafè, Michela Giuffrida, Antonio López-Istúriz White, Jana Žitňanská, Damiano Zoffoli, Barbara Matera, Hilde Vautmans

Proposal for a regulation Article 8 – paragraph new5 – subparagraph 1 a (new)

PE602.907v01-00 152/156 AM\1122580EN.docx EN Text proposed by the Commission Amendment

Before the transfer of an unaccompanied minor the authorities shall ensure the appointment of a guardian in the receiving Member State. The authorities shall communicate the information regarding the guardian appointed by the receiving Member State to the current guardian together with the modalities for the transfer. The Commission shall, by means of implementing acts, provide rules concerning the modalities for the transfer of guardianship.

Or. en

Justification

This amendment is aimed at ensuring that handover from a guardian to another guardian in case of transfers is conducted properly according to specific rules.

Amendment 531 Elly Schlein, Caterina Chinnici, Juan Fernando López Aguilar, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Kati Piri, Marju Lauristin, Péter Niedermüller

Proposal for a regulation Article 8 – paragraph new5 – subparagraph 3

Text proposed by the Commission Amendment

The staff of the competent authorities The staff of the competent authorities referred to in Article 47 who deal with referred to in Article 47 who deal with requests concerning unaccompanied requests concerning unaccompanied minors shall have received, and shall minors shall have received, and shall continue to receive, appropriate training continue to receive, appropriate training concerning the specific needs of minors. concerning the specific needs of minors, including training on child rights, psychology and development.

Or. en

AM\1122580EN.docx 153/156 PE602.907v01-00 EN Justification

This amendment is suggested to further specify what training the authorities dealing with children should receive to ensure that children’s best interests are respected throughout the procedures under the Regulation.

Amendment 532 Anna Maria Corazza Bildt, Nathalie Griesbeck, Silvia Costa, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Antonio López-Istúriz White, Julie Ward, Carlos Coelho

Proposal for a regulation Article 8 – paragraph 6

Text proposed by the Commission Amendment

6. With a view to facilitating the 6. The Commission shall, by means appropriate action to identify the family of a delegated act lay down in accordance members or relatives of the unaccompanied with this Article the rules and procedures minor living in the territory of another with regards to the assessment of the best Member State pursuant to paragraph 5 of interests of the child for the purposes of this Article, the Commission shall adopt this Regulation. With a view to facilitating implementing acts including a standard the appropriate action to identify the family form for the exchange of relevant members or relatives of the unaccompanied information between Member States. minor living in the territory of another Those implementing acts shall be adopted Member State pursuant to paragraph 5 of in accordance with the examination this Article, the Commission shall adopt procedure referred to in Article 56(2). implementing acts including standard operating procedures for transnational cooperation between Member States regarding the assessment of the best interests of the child, family tracing and the identification of family members, siblings, relatives or any other family relations of an unaccompanied minor for the purposes of this Regulation and for assessing the capacity of a relative to take care of an unaccompanied minor as well as a standard form for the exchange of relevant information between Member States. The standard operating procedures for the assessment of the best interests of the minor for the purposes of this Regulation shall include provisions concerning information to be provided to children, information relevant to the assessment of the best interests of the child and ways of

PE602.907v01-00 154/156 AM\1122580EN.docx EN information gathering and evaluation and provide for the use of a standard form to document the assessment. They shall provide for the use of a form that records the steps undertaken and results of information gathering and to support any necessary cooperation between Member States for that purpose. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

Or. en

Justification

This amendment aims at strengthening cooperation amongst Member States and include procedural safeguards for minors.

Amendment 533 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Maria Grapini, Kati Piri, Péter Niedermüller

Proposal for a regulation Article 8 – paragraph 6

Text proposed by the Commission Amendment

6. With a view to facilitating the 6. The Commission shall, by means appropriate action to identify the family of a delegated act in accordance with this members or relatives of the unaccompanied Article lay down the rules and procedures minor living in the territory of another with regards to the transnational Member State pursuant to paragraph 5 of cooperation for the assessment of the best this Article, the Commission shall adopt interests of the child. With a view to implementing acts including a standard facilitating the appropriate action to form for the exchange of relevant identify the family members or relatives of information between Member States. the unaccompanied minor living in the Those implementing acts shall be adopted territory of another Member State pursuant in accordance with the examination to paragraph 5 of this Article, the procedure referred to in Article 56(2). Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

AM\1122580EN.docx 155/156 PE602.907v01-00 EN Or. en

Justification

It would be better to have a delegated act specifying the obligation and modalities for Member States to cooperate among them for the assessment of the best interests of the child.

Amendment 534 Monika Hohlmeier

Proposal for a regulation Article 8 – paragraph 6

Text proposed by the Commission Amendment

6. With a view to facilitating the 6. With a view to facilitating the appropriate action to identify the family appropriate action to identify the family members or relatives of the unaccompanied members, siblings or relatives of the minor living in the territory of another unaccompanied minor living in the Member State pursuant to paragraph 5 of territory of another Member State pursuant this Article, the Commission shall adopt to paragraph 5 of this Article, the implementing acts including a standard Commission shall adopt implementing acts form for the exchange of relevant including a standard form for the exchange information between Member States. of relevant information between Member Those implementing acts shall be adopted States. Those implementing acts shall be in accordance with the examination adopted in accordance with the procedure referred to in Article 56(2). examination procedure referred to in Article 56(2).

Or. en

Justification

PE602.907v01-00 156/156 AM\1122580EN.docx EN