En En Amendments

European Parliament 2014-2019

Committee on Civil Liberties, Justice and Home Affairs

2016/0133(COD)

4.4.2017

AMENDMENTS 110 - 285

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\1122579EN.docx PE602.906v01-00

EN United in diversity EN AM_Com_LegReport

PE602.906v01-00 2/138 AM\1122579EN.docx EN Amendment 110 Kristina Winberg

Proposal for a regulation –

Proposal for rejection

The European Parliament rejects [the Commission proposal].

Or. en

Amendment 111 Auke Zijlstra, Janice Atkinson, Harald Vilimsky, Gilles Lebreton

Proposal for a regulation –

Proposal for a regulation

The European Parliament rejects the Commission proposal.

Or. nl

Amendment 112 Raymond Finch, Beatrix von Storch

Proposal for a regulation –

Proposal for rejection

The European Parliament rejects the Commission proposal.

Or. en

Amendment 113 Beatrix von Storch

Draft legislative resolution

AM\1122579EN.docx 3/138 PE602.906v01-00 EN Citation 5

Draft legislative resolution Amendment

— having regard to the opinion of the deleted European Economic and Social Committee of 19 October 20161 , ______1 OJ C 34, 2.2.2017, p. 144.

Or. en

Justification

The European Economic and Social Committee is an "advisory" body whose remit overlaps that of others and which little evidence exists to suggest that it alters policy. Therefore it should be abolished. In order to facilitate this the EU-Parliament should ignore its opinion thereby rendering it partially de facto abolished.

Amendment 114 Beatrix von Storch

Draft legislative resolution Citation 6

Draft legislative resolution Amendment

— having regard to the opinion of the deleted Committee of the Regions of 8 December 20162 , ______2 Not yet published in the Official Journal.

Or. en

Justification

Given the increased role of the EU-Parliament in the legislative procedure, the intended role of the Committee of Regions in shaping EU legislation is no longer valid and therefore it should be abolished. In order to facilitate this the EU-Parliament should ignore its opinion thereby rendering it partially de facto abolished.

Amendment 115 Cécile Kashetu Kyenge, Pier Antonio Panzeri, Silvia Costa, Nikos Androulakis

PE602.906v01-00 4/138 AM\1122579EN.docx EN Proposal for a regulation Citation 1

Text proposed by the Commission Amendment

Having regard to the Treaty on the Having regard to the Treaty on the Functioning of the European Union, and in Functioning of the European Union, and in particular Article 78(2)(e) thereof, particular Article 67(2) and 78(2)(e) thereof,

Or. en

Justification

It is important to remind the principle of solidarity and also that the stateless persons shall be treated as third- country nationals.

Amendment 116 Cécile Kashetu Kyenge, Pier Antonio Panzeri, Silvia Costa, Nikos Androulakis

Proposal for a regulation Citation 2 a (new)

Text proposed by the Commission Amendment

Having regard to the European Union Charter of Fundamental Rights, and in particular Article 18 thereof;

Or. en

Justification

The right of asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees.

Amendment 117 Lorenzo Fontana

Proposal for a regulation Recital 1 a (new)

Text proposed by the Commission Amendment

(1a) It should be reiterated that the

AM\1122579EN.docx 5/138 PE602.906v01-00 EN much-celebrated European solidarity, articulated through the mechanism of asylum based on the Dublin rules and the corrective measures put in place in recent years (the relocation measures are an excellent example), has been a huge failure. If the Member States decide for legitimate reasons not to implement or honour fully and effectively a plan for sharing out the responsibilities and burdens associated with asylum, we must bravely acknowledge that the EU’s migration policy has failed. As a result, migration policy should no longer be set in Brussels and should therefore return to being under the exclusive jurisdiction of the individual Member States.

Or. it

Justification

It is essential, so as not to delay the status quo or further worsen the situation, for the regulation proposal to clearly state that if there is no common desire to cooperate and resolve this problem (as demonstrated by the facts), the EU’s strategy cannot be to continue deceiving and misleading European citizens with grand proclamations that do not lead to tangible results.

Amendment 118 Lorenzo Fontana

Proposal for a regulation Recital 2

Text proposed by the Commission Amendment

(2) A common policy on asylum, (2) An effective common policy on including a Common European Asylum asylum, including a Common European System (CEAS), is a constituent part of the Asylum System (CEAS), can be a European Union’s objective of constituent part of the European Union’s progressively establishing an area of objective of progressively establishing an freedom, security and justice open to those area of freedom, security and justice open who, forced by circumstances, legitimately to those who seek asylum in the Union. seek protection in the Union.

Or. it

PE602.906v01-00 6/138 AM\1122579EN.docx EN Justification

As shown clearly and empirically by the case in Italy, the percentage of those who meet the requirements for legitimately seeking asylum is a small minority compared with the total number of arrivals. So I am asking that the text be reworded, as the terms “forced by circumstances” and “legitimately seek protection” otherwise make it rather partisan.

Amendment 119 Lorenzo Fontana

Proposal for a regulation Recital 3

Text proposed by the Commission Amendment

(3) The European Council, at its deleted special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing the CEAS, based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that nobody is sent back to persecution, i.e. maintaining the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respecting the principle of non- refoulement, are considered as safe countries for third-country nationals.

Or. it

Justification

The principle of non-refoulement is a dated principle which should be reviewed. Indeed, it is a counter-productive principle for both parties involved, insofar as it encourages those who do not have the right to asylum to leave their countries too, and leads to and exacerbates the endangerment and death of many migrants. The Australian case has shown us that adopting a policy of refoulement drastically reduces the number of deaths at sea and leaves legal immigration as the only viable option.

Amendment 120

AM\1122579EN.docx 7/138 PE602.906v01-00 EN Beatrix von Storch

Proposal for a regulation Recital 3

Text proposed by the Commission Amendment

Or. en

Justification

The Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 (Geneva Convention) has not been sufficiently updated and reformed for the modern context and therefore should be amended before it is considered as a foundation for legislation in this area.

Amendment 121 Salvatore Domenico Pogliese, Alessandra Mussolini

Proposal for a regulation Recital 5

Text proposed by the Commission Amendment

(5) Such a method should be based on (5) Such a method should be based on objective, fair criteria both for the Member objective, fair criteria both for the Member States and for the persons concerned. It States and for the persons concerned. It should, in particular, make it possible to should, in particular, make it possible to determine rapidly the Member State determine rapidly the Member State

PE602.906v01-00 8/138 AM\1122579EN.docx EN responsible, so as to guarantee effective responsible, on behalf of the European access to the procedures for granting Union, so as to guarantee effective access international protection and not to to the procedures for granting international compromise the objective of the rapid protection and not to compromise the processing of applications for international objective of the rapid processing of protection. applications for international protection.

Or. it

Justification

We feel we should point out that the actions taken by the Member State responsible for examining an application for international protection fall under the Common European Asylum System and are, therefore, carried out in the general interest of the entire European Union.

Amendment 122 Cécile Kashetu Kyenge, Pier Antonio Panzeri, Silvia Costa, Nikos Androulakis

Proposal for a regulation Recital 5

Text proposed by the Commission Amendment

(5) Such a method should be based on (5) Such a method should be based on objective, fair criteria both for the Member the principle of solidarity and objective, States and for the persons concerned. It fair criteria both for the Member States and should, in particular, make it possible to for the persons concerned. It should, in determine rapidly the Member State particular, make it possible to determine responsible, so as to guarantee effective rapidly the Member State responsible, so as access to the procedures for granting to guarantee effective access to the international protection and not to procedures for granting international compromise the objective of the rapid protection and not to compromise the processing of applications for international objective of the rapid processing of protection. applications for international protection.

Or. en

Justification

The Regulations should be based on the principle of solidarity.

Amendment 123 Lorenzo Fontana

Proposal for a regulation

AM\1122579EN.docx 9/138 PE602.906v01-00 EN Recital 6

Text proposed by the Commission Amendment

(6) The first phase in the creation of a deleted CEAS that should lead, in the longer term, to a common procedure and a uniform status, valid throughout the Union, for those granted international protection, has now been completed. The European Council of 4 November 2004 adopted The Hague Programme which set the objectives to be implemented in the area of freedom, security and justice in the period 2005-2010. In this respect, The Hague Programme invited the European Commission to conclude the evaluation of the first-phase legal instruments and to submit the second-phase instruments and measures to the European Parliament and to the Council with a view to their adoption before 2010.

Or. it

Justification

Refers to initiatives that were never carried out. Therefore it seems misleading to mention them.

Amendment 124 Maria Grapini

Proposal for a regulation Recital 7 a (new)

Text proposed by the Commission Amendment

(7a) Solidarity initiatives between Member States must be voluntary and take into account the added value of all types of contributions which Member States may make to the joint efforts of the EU to manage migration.

Or. ro

PE602.906v01-00 10/138 AM\1122579EN.docx EN Amendment 125 Marek Jurek

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

(9) The European Union Agency for deleted Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data.

Or. pl

Justification

This amendment is part of a package of amendments that removes the corrective allocation mechanism from the proposal. The proposed corrective allocation mechanism constitutes misapplication of the principle of solidarity, which cannot be subject to any administrative automatism. Intergovernmental arrangements, if any, may relate to assistance to countries struggling with large numbers of applications for international protection.

Amendment 126 Péter Niedermüller

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

(9) The European Union Agency for (9) The European Union Agency for Asylum should provide adequate support in Asylum (the "Asylum Agency") should the implementation of this Regulation, in provide adequate support in the particular by establishing the reference key implementation of this Regulation, in for the distribution of asylum seekers under particular by establishing the reference key the corrective allocation mechanism, and for the distribution of asylum seekers under by adapting the figures underlying the the corrective allocation mechanism, and reference key annually, as well as the by adapting the figures underlying the reference key annually, as well as the

AM\1122579EN.docx 11/138 PE602.906v01-00 EN reference key based on Eurostat data. reference key based on Eurostat data. The Asylum Agency should also develop information material in cooperation with the relevant authorities of the Member States. The Asylum Agency should assist and coordinate the transfer of applicants for, or beneficiaries of, international protection under this Regulation.

Or. en

Justification

The amendments updates the recital given changes related to European Union Agency for Asylum notably in Article 6, 24 a and 38.

Amendment 127 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, Dietmar Köster

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

(9) The European Union Agency for (9) The European Union Agency for Asylum should provide adequate support in Asylum should provide adequate support in the implementation of this Regulation, in the implementation of this Regulation, in particular by establishing the reference key particular by establishing the reference key for the distribution of asylum seekers under for the distribution of asylum seekers under the corrective allocation mechanism, and the corrective allocation mechanism, and by adapting the figures underlying the by adapting the figures underlying the reference key annually, as well as the reference key annually, as well as the reference key based on Eurostat data. reference key based on Eurostat data. The Agency should also develop information material, in cooperation with the relevant authorities of the Member States. The Agency should gradually become responsible for the transfer of applicants for, or beneficiaries of, international protection under this Regulation.

Or. en

PE602.906v01-00 12/138 AM\1122579EN.docx EN Justification

The amendment updates the recital taking into consideration the changes proposed to Article 6 and Article 38.

Amendment 128 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

(9) The European Union Agency for (9) The European Union Agency for Asylum should provide adequate support in Asylum should provide adequate support in the implementation of this Regulation, in the implementation of this Regulation, in particular by establishing the reference key particular by establishing the reference key for the distribution of asylum seekers under for the distribution of asylum seekers under the corrective allocation mechanism, and the corrective mechanism, and by adapting by adapting the figures underlying the the figures underlying the reference key reference key annually, as well as the annually, as well as the reference key reference key based on Eurostat data. based on Eurostat data. The Agency should also develop information material, in close cooperation with the relevant authorities of the Member States. The Agency should be responsible for the transfer of applicants for, or beneficiaries of, international protection, under this Regulation.

Or. en

Amendment 129 Salvatore Domenico Pogliese, Alessandra Mussolini

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

AM\1122579EN.docx 13/138 PE602.906v01-00 EN the corrective allocation mechanism, and the corrective allocation mechanism, and by adapting the figures underlying the by adapting the figures underlying the reference key annually, as well as the reference key every six months, as well as reference key based on Eurostat data. the reference key based on Eurostat data. The European Agency for Asylum should handle the transfers of applicants requesting international protection from one Member State to another in all the cases provided for by this Regulation.

Or. it

Justification

When it comes to updating the figures underlying the reference key, we believe that a period of six months is more appropriate with a view to taking the socio-economic developments in Member States into due account. The Agency for Asylum should become the body with jurisdiction for making transfers, only then can we build an efficient and effective Common European Asylum System.

Amendment 130 Beatrix von Storch

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

Or. en

Amendment 131 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

PE602.906v01-00 14/138 AM\1122579EN.docx EN Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

Or. en

Justification

In line with the deletion of Chapter VII.

Amendment 132 Daniel Dalton, Ryszard Antoni Legutko, Branislav Škripek

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

(9) The European Union Agency for (9) The European Union Agency for Asylum should provide adequate support in Asylum should provide adequate support in the implementation of this Regulation, in the implementation of this Regulation, in particular by establishing the reference key particular by establishing the reference key for the distribution of asylum seekers under for the distribution of asylum seekers under the corrective allocation mechanism, and the voluntary corrective allocation by adapting the figures underlying the mechanism, and by adapting the figures reference key annually, as well as the underlying the reference key annually, as reference key based on Eurostat data. well as the reference key based on Eurostat data. The European Union Agency for Asylum should also develop information material, in close cooperation with the relevant authorities of the Member States.

Or. en

AM\1122579EN.docx 15/138 PE602.906v01-00 EN Justification

The allocation of refugees needs to be done on a voluntary basis, where Member States can instead pledge resources, and/or to take a certain number of refugees based on suggested guidelines. Providing clear and relevant information on rights and responsibilities for all applicants is extremely important for rebuilding trust in the system and for allowing applicants to make informed choices.

Amendment 133 Mariya Gabriel, Emil Radev

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

(9) The European Union Agency for (9) The European Union Agency for Asylum should provide adequate support in Asylum should provide adequate support in the implementation of this Regulation, in the implementation of this Regulation, in particular by establishing the reference key particular by establishing the reference key for the distribution of asylum seekers under for the distribution of asylum seekers under the corrective allocation mechanism, and the corrective allocation mechanism, and by adapting the figures underlying the by adapting the figures underlying the reference key annually, as well as the reference key annually, as well as the reference key based on Eurostat data. reference key based on Eurostat data. The European Union Agency for Asylum should provide up-to-date information about third countries, particularly countries of origin of asylum seekers.

Or. en

Amendment 134 Petr Ježek

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

PE602.906v01-00 16/138 AM\1122579EN.docx EN mechanism, and by adapting the figures international protection in their respective underlying the reference key annually, as territories. The Asylum Agency should well as the reference key based on assist member states with eventual re- Eurostat data. examinations through the provision of information material, which would be developed in close cooperation with the relevant authorities of the Member States.

Or. en

Amendment 135 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 10

Text proposed by the Commission Amendment

(10) In the light of the results of the (10) In the light of the results of the evaluation undertaken of the evaluation undertaken of the implementation of Regulation (EU) implementation of Regulation (EU) 604/2013 , it is appropriate, at this stage, 604/2013 , it is necessary, at this stage, to to confirm the principles underlying design a new system in full respect of Regulation (EU) No 604/2013, while Article 78(1) TFEU based on a genuine making the necessary improvements, in link approach and fair share of the light of experience, to the effectiveness responsibility and solidarity between of the Dublin system and the protection Member States for applications for granted to applicants under that system. international protection, in particular to Based on this evaluation and on ensure that a disproportionate burden is not consultation with Member States, the placed upon some Member States. European Parliament and other stakeholders, it is also considered appropriate to establish in the Regulation measures required for a fair share of responsibility between Member States for applications for international protection, in particular to ensure that a disproportionate burden is not placed upon some Member States.

Or. en

Justification

This amendment is inextricably linked to admissible amendments to Chapter VII.

AM\1122579EN.docx 17/138 PE602.906v01-00 EN Amendment 136 Jeroen Lenaers

Proposal for a regulation Recital 10

Text proposed by the Commission Amendment

(10) In the light of the results of the (10) In the light of the results of the evaluation undertaken of the evaluation undertaken of the implementation of Regulation (EU) implementation of Regulation (EU) 604/2013 , it is appropriate, at this stage, to 604/2013 , it is appropriate, at this stage, to confirm the principles underlying confirm the principles underlying Regulation (EU) No 604/2013, while Regulation (EU) No 604/2013, while making the necessary improvements, in the making the necessary improvements, in the light of experience, to the effectiveness of light of experience, to the effectiveness of the Dublin system and the protection the Dublin system and the protection granted to applicants under that system. granted to applicants under that system. Based on this evaluation and on Based on this evaluation and on consultation with Member States, the consultation with Member States, the European Parliament and other European Parliament and other stakeholders, it is also considered stakeholders, it is also considered appropriate to establish in the Regulation appropriate to establish in the Regulation measures required for a fair share of measures required for a fair share of responsibility between Member States for responsibility between Member States for applications for international protection, in applications for international protection, if particular to ensure that a and when a disproportionate burden disproportionate burden is not placed upon is placed on one or more Member States. some Member States.

Or. en

Amendment 137 Raymond Finch, Beatrix von Storch

Proposal for a regulation Recital 11

Text proposed by the Commission Amendment

(11) In order to ensure equal treatment deleted for all applicants and beneficiaries of international protection, and consistency with the current Union asylum acquis, in particular with Directive 2011/95/EU of

PE602.906v01-00 18/138 AM\1122579EN.docx EN the European Parliament and of the Council18 , the scope of this Regulation encompasses applicants for subsidiary protection and persons eligible for subsidiary protection. ______18 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).

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 whom should be beneficiaries of international protection. Member States may expand the scope of the 1951 Geneva Convention if they wish to do so.

Amendment 138 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson

Proposal for a regulation Recital 15

Text proposed by the Commission Amendment

(15) In accordance with the 1989 United (15) In accordance with the 1989 United Nations Convention on the Rights of the Nations Convention on the Rights of the Child and with the Charter of Fundamental Child and with the Charter of Fundamental Rights of the European Union, the best Rights of the European Union, the best interests of the child should be a primary interests of the child should be the primary consideration of Member States when consideration of Member States when applying this Regulation. In assessing the applying this Regulation. In assessing the best interests of the child, Member States best interests of the child, Member States should, in particular, take due account of should, in particular, take due account of the minor’s well-being and social the minor’s well-being and social

AM\1122579EN.docx 19/138 PE602.906v01-00 EN development, safety and security development, safety and security considerations and the views of the minor considerations and the views of the minor in accordance with his or her age and in accordance with his or her age and maturity, including his or her background. maturity, including his or her background. In addition, specific procedural guarantees In addition, specific procedural guarantees for unaccompanied minors should be laid for unaccompanied minors should be laid down on account of their particular down on account of their particular vulnerability. vulnerability.

Or. en

Justification

This amendment follows the logic of other admissible amendments seeking to improve the implementation of the best interest of the child.

Amendment 139 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Recital 16

Text proposed by the Commission Amendment

(16) In accordance with the European (16) In accordance with the European Convention for the Protection of Human Convention for the Protection of Human Rights and Fundamental Freedoms and Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of with the Charter of Fundamental Rights of the European Union, respect for family life the European Union, respect for family life should be a primary consideration of should be a primary consideration of Member States when applying this Member States when applying this Regulation. Regulation, where a Member State does not recognise a particular long-standing stable partnership or marriage under its national law, it should be possible for the applicants to move to another Member State that does recognise such a relationship or partnership under its law.

Or. en

Justification

PE602.906v01-00 20/138 AM\1122579EN.docx EN 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 140 Cécile Kashetu Kyenge, Pier Antonio Panzeri, Silvia Costa, Nikos Androulakis

Proposal for a regulation Recital 16

Text proposed by the Commission Amendment

(16) In accordance with the European (16) In accordance with the European Convention for the Protection of Human Convention for the Protection of Human Rights and Fundamental Freedoms and Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of with the Charter of Fundamental Rights of the European Union, respect for family life the European Union, respect for private should be a primary consideration of and family life, as well as for the principle Member States when applying this of non-discrimination, should be a Regulation. primary consideration of Member States when applying this Regulation.

Or. en

Justification

It is important to guarantee the principle of non-discrimination according to the EU Convention and international law.

Amendment 141 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Miriam Dalli, Dietmar Köster

Proposal for a regulation Recital 17

Text proposed by the Commission Amendment

AM\1122579EN.docx 21/138 PE602.906v01-00 EN lodged verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well as applicants presenting security concerns.

Or. en

Justification

The recital is 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 142 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Recital 17

Text proposed by the Commission Amendment

(17) In order to prevent that applicants deleted with inadmissible claims or who are likely not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member where an application is first lodged verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well as applicants presenting security concerns.

Or. en

PE602.906v01-00 22/138 AM\1122579EN.docx 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 143 Emil Radev, Mariya Gabriel

Proposal for a regulation Recital 17

Text proposed by the Commission Amendment

Or. en

Amendment 144 Filiz Hyusmenova

Proposal for a regulation Recital 17

Text proposed by the Commission Amendment

(17) In order to prevent that applicants deleted with inadmissible claims or who are likely

AM\1122579EN.docx 23/138 PE602.906v01-00 EN not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member where an application is first lodged verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well as applicants presenting security concerns.

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

Proposal for a regulation Recital 17

Text proposed by the Commission Amendment

PE602.906v01-00 24/138 AM\1122579EN.docx EN Or. en

Amendment 146 Alessandra Mussolini, Salvatore Domenico Pogliese, Barbara Matera

Proposal for a regulation Recital 17

Text proposed by the Commission Amendment

(17) In order to prevent that applicants (17) In order to prevent that applicants with inadmissible claims or who are likely who represent a security risk are not to be in need of international transferred among the Member States, it is protection, or who represent a security risk necessary to ensure that the Member State are transferred among the Member States, where an application is first lodged it is necessary to ensure that the Member examines in accelerated procedures where an application is first lodged verifies applications made by applicants presenting the admissibility of the claim in relation to security concerns. the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well as applicants presenting security concerns.

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

Proposal for a regulation Recital 17

AM\1122579EN.docx 25/138 PE602.906v01-00 EN Text proposed by the Commission Amendment

(17) In order to prevent that applicants (17) In order to prevent that applicants with inadmissible claims or who are likely who represent a security risk are not to be in need of international transferred among the Member States, it is protection, or who represent a security risk necessary to ensure that the Member where are transferred among the Member States, an application is first lodged examines in it is necessary to ensure that the Member accelerated procedures applications made where an application is first lodged verifies by applications presenting security the admissibility of the claim in relation to concerns. the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well as applicants presenting security concerns.

Or. it

Amendment 148 Jeroen Lenaers

Proposal for a regulation Recital 17

Text proposed by the Commission Amendment

(17) In order to prevent that applicants (17) In order to improve the efficiency with inadmissible claims or who are likely of the system, and to prevent that not to be in need of international applicants with inadmissible claims or who protection, or who represent a security risk are likely not to be in need of international are transferred among the Member States, protection, or who represent a security risk it is necessary to ensure that the Member are transferred among the Member States, where an application is first lodged verifies it is essential to ensure that the Member the admissibility of the claim in relation to State where an application is first lodged the first country of asylum and safe third verifies the admissibility of the claim in country, examines in accelerated relation to the first country of asylum and procedures applications made by applicants safe third country, examines in accelerated coming from a safe country of origin procedures applications made by applicants designated on the EU list, as well as coming from a safe country of origin applicants presenting security concerns. designated on the EU list, as well as applicants presenting security concerns.

Or. en

PE602.906v01-00 26/138 AM\1122579EN.docx EN Amendment 149 Daniel Dalton, Helga Stevens, Branislav Škripek

Proposal for a regulation Recital 17

Text proposed by the Commission Amendment

(17) In order to prevent that applicants (17) In order to prevent that applicants with inadmissible claims or who are likely with inadmissible claims or who are likely not to be in need of international not to be in need of international protection, or who represent a security risk protection, or who represent a security risk are transferred among the Member States, are transferred among the Member States, it is necessary to ensure that the Member it is necessary to ensure that the Member where an application is first lodged verifies State where an application is first lodged the admissibility of the claim in relation to verifies the admissibility of the claim in the first country of asylum and safe third relation to the first country of asylum and country, examines in accelerated safe third country, examines in accelerated procedures applications made by applicants procedures applications made by applicants coming from a safe country of origin coming from a safe country of origin designated on the EU list, as well as designated on the EU list, as well as applicants presenting security concerns. applicants presenting security concerns.

Or. en

Justification

If the admissibility checks were to be removed that would lead to the risk of many unnecessary transfers taking place. There are time and financial costs associated with unnecessary transfers, and unnecessary transfers can place unnecessary stress on the applicant who ends up being returned to a safe country after having be transferred.

Amendment 150 Petr Ježek

Proposal for a regulation Recital 17

Text proposed by the Commission Amendment

(17) In order to prevent that applicants (17) In order to prevent applicants with with inadmissible claims or who are likely inadmissible claims, or who are likely not not to be in need of international to be in need of international protection, or protection, or who represent a security risk who represent a security risk from are transferred among the Member States, being transferred among Member States, it it is necessary to ensure that the Member is necessary to ensure that the Member where an application is first lodged verifies State where an application is first lodged the admissibility of the claim in relation to verifies the admissibility of the claim in

AM\1122579EN.docx 27/138 PE602.906v01-00 EN the first country of asylum and safe third relation to the first country of asylum and country, examines in accelerated safe third country, examines in accelerated procedures applications made by applicants procedures applications made by applicants coming from a safe country of origin coming from a safe country of origin designated on the EU list, as well as designated on the EU list, as well as applicants presenting security concerns. applicants presenting security concerns.

Or. en

Amendment 151 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Recital 18

Text proposed by the Commission Amendment

(18) The processing together of the (18) The processing together of the applications for international protection of applications for international protection of the members of one family by a single the members of one family by a single Member State makes it possible to ensure Member State makes it possible to ensure that the applications are examined that the applications are examined thoroughly, the decisions taken in respect thoroughly, the decisions taken in respect of them are consistent and the members of of them are consistent and the members of one family are not separated. one family are not separated. The processing together of the applications of a family is without prejudice to the right of an applicant to lodge an application individually.

Or. en

Justification

This amendment adds a clarification that stems from the logic of the text and is a consequence of the broadening of the definition of family.

Amendment 152 Daniel Dalton, Helga Stevens, Branislav Škripek

Proposal for a regulation Recital 19

Text proposed by the Commission Amendment

PE602.906v01-00 28/138 AM\1122579EN.docx EN (19) The definition of a family member deleted in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing secondary movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some secondary movements of asylum seekers within the EU.

Or. en

Justification

This extension of the definition of family member opens up so many potential loopholes, for example "families formed outside the country of origin" could extend to spouses married several days before crossing the border into a Member State and this is potentially very open to abuse.

Amendment 153 Kristina Winberg, Beatrix von Storch

Proposal for a regulation Recital 19

Text proposed by the Commission Amendment

(19) The definition of a family member deleted in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing secondary movements. The scope of the definition of family member

AM\1122579EN.docx 29/138 PE602.906v01-00 EN should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some secondary movements of asylum seekers within the EU.

Or. en

Amendment 154 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, Dietmar Köster

Proposal for a regulation Recital 19

Text proposed by the Commission Amendment

(19) The definition of a family member (19) The definition of a family member in this Regulation should include the in this Regulation should include the sibling or siblings of the applicant. sibling or siblings, the grandparents of the Reuniting siblings is of particular applicant or beneficiary of international importance for improving the chances of protection and the grandchildren of the integration of applicants and hence applicant. Reuniting siblings the reducing secondary movements. The scope grandparents of the applicant or of the definition of family member should beneficiary of international protection also reflect the reality of current migratory and the grandchildren of the applicant is trends, according to which applicants often of particular importance for improving the arrive to the territory of the Member States chances of integration of applicants and after a prolonged period of time in transit. hence reducing secondary movements. The The definition should therefore include scope of the definition of family member families formed outside the country of should also reflect the reality of current origin, but before their arrival on the migratory trends, according to which territory of the Member State. This limited applicants often arrive to the territory of and targeted enlargement of the scope of the Member States after a prolonged period the definition is expected to reduce the of time in transit. The definition should incentive for some secondary movements therefore include families formed outside of asylum seekers within the EU. the country of origin, but before their

PE602.906v01-00 30/138 AM\1122579EN.docx EN arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some secondary movements of asylum seekers within the EU.

Or. en

Justification

The amendment aims at aligning the text to the expansion of the family notion proposed under Article 2(g).

Amendment 155 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Recital 19

Text proposed by the Commission Amendment

(19) The definition of a family member (19) The definition of a family member in this Regulation should include the in this Regulation should include the sibling or siblings of the applicant. sibling or siblings, grandparents and Reuniting siblings is of particular uncles or aunts of the applicant. Reuniting importance for improving the chances of siblings, grandparents and uncles or integration of applicants and hence aunts is of particular importance for reducing secondary movements. The scope improving the chances of integration of of the definition of family member should applicants and hence reducing secondary also reflect the reality of current migratory movements. The scope of the definition of trends, according to which applicants often family member should also reflect the arrive to the territory of the Member States reality of current migratory trends, after a prolonged period of time in transit. according to which applicants often arrive The definition should therefore include to the territory of the Member States after a families formed outside the country of prolonged period of time in transit. The origin, but before their arrival on the definition should therefore include families territory of the Member State. This limited formed outside the country of origin, but and targeted enlargement of the scope of before their arrival on the territory of the the definition is expected to reduce the Member State. This limited and targeted incentive for some secondary movements enlargement of the scope of the definition of asylum seekers within the EU. is expected to reduce the incentive for some secondary movements of asylum seekers within the EU.

Or. en

AM\1122579EN.docx 31/138 PE602.906v01-00 EN Amendment 156 Jean Lambert, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Recital 20

Text proposed by the Commission Amendment

(20) In order to ensure full respect for (20) In order to ensure full respect for the principle of family unity and for the the principle of family unity and for the best interests of the child, the existence of a best interests of the child, the presence of relationship of dependency between an family members should become a binding applicant and his or her child, sibling or responsibility criterion. In particular, the parent on account of the applicant’s existence of a relationship of dependency pregnancy or maternity, state of health or between an applicant and his or her child, old age, should become a binding sibling or parent on account of the responsibility criterion. When the applicant applicant’s pregnancy or maternity, state of is an unaccompanied minor, the presence health or old age, should become a binding of a family member or relative on the responsibility criterion. When the applicant territory of another Member State who can is an unaccompanied minor, the presence take care of him or her should also become of a family member or relative on the a binding responsibility criterion. In order territory of another Member State who can to discourage secondary movements of take care of him or her should also become unaccompanied minors, which are not in a binding responsibility criterion. In order their best interests, in the absence of a to discourage secondary movements of family member or a relative, the Member unaccompanied minors, in the absence of a State responsible should be that where the family member or a relative, the Member unaccompanied minor first has lodged his State responsible should be that where the or her application for international unaccompanied minor is present, provided protection, unless it is demonstrated that that, following a multidisciplinary this would not be in the best interests of the assessment of the child's best interests, it child. Before transferring an is demonstrated that this would be in the unaccompanied minor to another Member best interests of the child. Before State, the transferring Member State should transferring an unaccompanied minor to make sure that that Member State will take another Member State, the transferring all necessary and appropriate measures to Member State should obtain individualised ensure the adequate protection of the child, guarantees from that Member State that it and in particular the prompt appointment will take all necessary and appropriate of a representative or representatives measures to ensure the adequate protection tasked with safeguarding respect for all the of the child, and in particular the prompt rights to which they are entitled. Any appointment of a guardian tasked with decision to transfer an unaccompanied safeguarding respect for all the rights to minor should be preceded by an which they are entitled. Any decision on assessment of his/her best interests by staff responsibility or to transfer an with the necessary qualifications and unaccompanied minor should be preceded expertise. by a multidisciplinary assessment of

PE602.906v01-00 32/138 AM\1122579EN.docx EN his/her best interests by staff with the necessary qualifications and expertise and the participation of his or her guardian and legal advisor or counsellor.

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 157 Kristina Winberg, Beatrix von Storch

Proposal for a regulation Recital 20

Text proposed by the Commission Amendment

AM\1122579EN.docx 33/138 PE602.906v01-00 EN child. Before transferring an child. Before transferring an unaccompanied minor to another Member unaccompanied minor to another Member State, the transferring Member State should State, the transferring Member State should make sure that that Member State will take make sure that that Member State will take all necessary and appropriate measures to all necessary and appropriate measures to ensure the adequate protection of the child, ensure the adequate protection of the child, and in particular the prompt appointment and in particular the prompt appointment of a representative or representatives of a representative or representatives tasked with safeguarding respect for all the tasked with safeguarding respect for all the rights to which they are entitled. Any rights to which they are entitled. Any decision to transfer an unaccompanied decision to transfer an unaccompanied minor should be preceded by an minor should be preceded by an assessment of his/her best interests by staff assessment of his/her best interests by staff with the necessary qualifications and with the necessary qualifications and expertise. expertise. If for any reason the age of the applicant is not clearly over 18 years of age the member state have the full right to medically investigate the applicant to establish the age of the applicant.

Or. en

Justification

To further discourage asylum shopping it is vital that member states conduct age testing of unaccompanied minors; since the advantage and hence the incentive of providing the authorities with the wrong age is great in some member states compared to others and thus migrants will opt for the countries that do not conduct age-testing.

Amendment 158 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 20

Text proposed by the Commission Amendment

PE602.906v01-00 34/138 AM\1122579EN.docx EN is an unaccompanied minor, the presence is an unaccompanied minor, the presence of a family member or relative on the of a family member or relative on the territory of another Member State who can territory of another Member State who can take care of him or her should also become take care of him or her should also become a binding responsibility criterion. In order a binding responsibility criterion. In the to discourage secondary movements of absence of a family member or a relative, unaccompanied minors, which are not in the Member State responsible should be their best interests, in the absence of a that where the unaccompanied minor has family member or a relative, the Member lodged an application for international State responsible should be that where the protection and is present, provided that unaccompanied minor first has lodged his this would be in the best interests of the or her application for international child. Before transferring an protection, unless it is demonstrated that unaccompanied minor to another Member this would not be in the best interests of the State, the transferring Member State should child. Before transferring an obtain individualised guarantees from that unaccompanied minor to another Member Member State that it will take all necessary State, the transferring Member State should and appropriate measures to ensure the make sure that that Member State will take adequate protection of the child, and in all necessary and appropriate measures to particular the prompt appointment of a ensure the adequate protection of the child, guardian tasked with safeguarding respect and in particular the prompt appointment for all the rights to which they are entitled. of a representative or representatives Any decision to transfer an unaccompanied tasked with safeguarding respect for all the minor should be preceded by an rights to which they are entitled. Any assessment of his/her best interests by staff decision to transfer an unaccompanied with the necessary qualifications and minor should be preceded by an expertise. assessment of his/her best interests by staff Any decision on responsibility in with the necessary qualifications and accordance with this Regulation expertise. concerning an unaccompanied minor should be preceded by a multidisciplinary assessment of his or her best interests which shall involve, at a minimum, his or her guardian and legal advisor or counsellor.

Or. en

Amendment 159 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 Recital 20

Text proposed by the Commission Amendment

(20) In order to ensure full respect for (20) In order to ensure full respect for

AM\1122579EN.docx 35/138 PE602.906v01-00 EN the principle of family unity and for the the principle of family unity and for the best interests of the child, the existence of a best interests of the child, the existence of a relationship of dependency between an relationship of dependency between an applicant and his or her child, sibling or applicant and his or her child, sibling or parent on account of the applicant’s parent on account of the applicant's pregnancy or maternity, state of health or pregnancy or maternity, state of health or old age, should become a binding old age, should become a binding responsibility criterion. When the applicant responsibility criterion. When the applicant is an unaccompanied minor, the presence is an unaccompanied minor, the presence of a family member or relative on the of a family member or relative on the territory of another Member State who can territory of another Member State who can take care of him or her should also become take care of him or her should also become a binding responsibility criterion. In order a binding responsibility criterion, if this is to discourage secondary movements of in their best interests. In order to unaccompanied minors, which are not in discourage secondary movements and their best interests, in the absence of a unnecessary transfers of unaccompanied family member or a relative, the Member minors, which are not in their best State responsible should be that where the interests, in the absence of a family unaccompanied minor first has lodged his member or a relative legally present in the or her application for international territory of a Member State, the Member protection, unless it is demonstrated that State responsible should be that in which this would not be in the best interests of the the unaccompanied minor is present, child. Before transferring an provided that this is in the best interests of unaccompanied minor to another Member the minor. State, the transferring Member State should Before transferring an unaccompanied make sure that that Member State will take minor to another Member State, the all necessary and appropriate measures to transferring Member State should make ensure the adequate protection of the child, sure that that Member State will take all and in particular the prompt appointment necessary and appropriate measures to of a representative or representatives ensure the adequate protection of the child, tasked with safeguarding respect for all the and in particular the prompt appointment rights to which they are entitled. Any of a guardian tasked with safeguarding decision to transfer an unaccompanied respect for all the rights to which they are minor should be preceded by an entitled. Any decision to transfer an assessment of his/her best interests by staff unaccompanied minor should be preceded with the necessary qualifications and by a multidisciplinary assessment of expertise. his/her best interests by staff with the necessary qualifications and expertise, which shall involve his or her guardian and legal advisor or counsellor.

Or. en

Amendment 160 Alessandra Mussolini, Salvatore Domenico Pogliese, Barbara Matera

Proposal for a regulation

PE602.906v01-00 36/138 AM\1122579EN.docx EN Recital 20

Text proposed by the Commission Amendment

(20) In order to ensure full respect for (20) In order to ensure full respect for the principle of family unity and for the the principle of family unity and for the best interests of the child, the existence of a best interests of the child, the existence of a relationship of dependency between an relationship of dependency between an applicant and his or her child, sibling or applicant and his or her child, sibling or parent on account of the applicant’s parent on account of the applicant’s pregnancy or maternity, state of health or pregnancy or maternity, state of health or old age, should become a binding old age, should become a binding responsibility criterion. When the applicant responsibility criterion. When the applicant is an unaccompanied minor, the presence is an unaccompanied minor, the presence of a family member or relative on the of a family member or relative on the territory of another Member State who can territory of another Member State who can take care of him or her should also become take care of him or her should also become a binding responsibility criterion. In order a binding responsibility criterion. In the to discourage secondary movements of absence of a family member or a relative, unaccompanied minors, which are not in unaccompanied minors should not, as their best interests, in the absence of a general rule, be transferred among family member or a relative, the Member Member States. Their application should State responsible should be that where the be therefore examined by the Member unaccompanied minor first has lodged his State where the unaccompanied minor is or her application for international present after having lodged an protection, unless it is demonstrated that application, if provisions at Article 19 are this would not be in the best interests of the not applicable and unless it is child. Before transferring an demonstrated that this would not be in the unaccompanied minor to another Member best interests of the child. Before State, the transferring Member State should transferring an unaccompanied minor to make sure that that Member State will take another Member State, the transferring all necessary and appropriate measures to Member State should make sure that that ensure the adequate protection of the child, Member State will take all necessary and and in particular the prompt appointment appropriate measures to ensure the of a representative or representatives adequate protection of the child, and in tasked with safeguarding respect for all the particular the prompt appointment of a rights to which they are entitled. Any representative or representatives tasked decision to transfer an unaccompanied with safeguarding respect for all the rights minor should be preceded by an to which they are entitled. Any decision to assessment of his/her best interests by staff transfer an unaccompanied minor should with the necessary qualifications and be preceded by an assessment of his/her expertise. best interests by staff with the necessary qualifications and expertise.

Or. en

AM\1122579EN.docx 37/138 PE602.906v01-00 EN Justification

It should be discarded the idea that minor, in the case of absence of any family tie, and when the discretionary clause is not applicable, should be sent back to a Member State different from the one where he/she is present. In drafting this amendment, an indispensable reference has been represented by the ECJ judgment in C-648/11.

Amendment 161 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Tiziana Beghin, David Borrelli, Rosa D'Amato, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea

Proposal for a regulation Recital 20

Text proposed by the Commission Amendment

(20) In order to ensure full respect for (20) In order to ensure full respect for the principle of family unity and for the the principle of family unity and for the best interests of the child, the existence of a best interests of the child, the existence of a relationship of dependency between an relationship of dependency between an applicant and his or her child, sibling or applicant and his or her child, sibling or parent on account of the applicant’s parent on account of the applicant’s pregnancy or maternity, state of health or pregnancy or maternity, state of health or old age, should become a binding old age, should become a binding responsibility criterion. When the applicant responsibility criterion. When the applicant is an unaccompanied minor, the presence is an unaccompanied minor, the presence of a family member or relative on the of a family member or relative on the territory of another Member State who can territory of another Member State who can take care of him or her should also become take care of him or her should also become a binding responsibility criterion. In order a binding responsibility criterion. In order to discourage secondary movements of to discourage secondary movements of unaccompanied minors, which are not in unaccompanied minors, which are not in their best interests, in the absence of a their best interests, in the absence of a family member or a relative, the Member family member or a relative, the Member State responsible should be that where the State responsible should be that where the unaccompanied minor first has lodged his unaccompanied minor is present when his or her application for international or her application for international protection, unless it is demonstrated that protection is lodged, unless it is this would not be in the best interests of the demonstrated that this would not be in the child. Before transferring an best interests of the child. Before unaccompanied minor to another Member transferring an unaccompanied minor to State, the transferring Member State should another Member State, the transferring make sure that that Member State will take Member State should make sure that that all necessary and appropriate measures to Member State will take all necessary and ensure the adequate protection of the child, appropriate measures to ensure the and in particular the prompt appointment adequate protection of the child, and in

PE602.906v01-00 38/138 AM\1122579EN.docx EN of a representative or representatives particular the prompt appointment of a tasked with safeguarding respect for all the representative or representatives tasked rights to which they are entitled. Any with safeguarding respect for all the rights decision to transfer an unaccompanied to which they are entitled. Any decision to minor should be preceded by an transfer an unaccompanied minor should assessment of his/her best interests by staff be preceded by an assessment of his/her with the necessary qualifications and best interests by staff with the necessary expertise. qualifications and expertise.

Or. it

Amendment 162 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, Marju Lauristin, Dietmar Köster, Birgit Sippel

Proposal for a regulation Recital 20

Text proposed by the Commission Amendment

AM\1122579EN.docx 39/138 PE602.906v01-00 EN State, the transferring Member State should the minor will be transferred that it will make sure that that Member State will take all necessary and appropriate take all necessary and appropriate measures to ensure the adequate protection measures to ensure the adequate protection of the child, and in particular the prompt of the child, and in particular the prompt appointment of a guardian tasked with appointment of a representative or safeguarding respect for all the rights to representatives tasked with safeguarding which they are entitled. Any decision on respect for all the rights to which they are responsibility in accordance with this entitled. Any decision to transfer an Regulation concerning an unaccompanied unaccompanied minor should be preceded minor should be preceded by a by an assessment of his/her best interests multidisciplinary assessment of his/her by staff with the necessary qualifications best interests which shall involve, at a and expertise. minimum, his or her guardian and legal advisor or counsellor

Or. en

Justification

The amendment intends to cover situations in which the minor could not be reunited with another family member, relative or other adult responsible for him or her, only because accompanied by another adult. The shadow rapporteur suggests to include guardian and legal advisor since they should be involved in a multidisciplinary assessment.

Amendment 163 Daniel Dalton, Helga Stevens, Branislav Škripek

Proposal for a regulation Recital 20

Text proposed by the Commission Amendment

PE602.906v01-00 40/138 AM\1122579EN.docx EN unaccompanied minors, which are not in unaccompanied minors, which are not in their best interests, in the absence of a their best interests, and in the absence of a family member or a relative, the Member family member or a relative, the Member State responsible should be that where the State responsible should be that where the unaccompanied minor first has lodged his unaccompanied minor first has lodged his or her application for international or her application for international protection, unless it is demonstrated that protection, unless it is demonstrated that this would not be in the best interests of the this would not be in the best interests of the child. Before transferring an child. Before transferring an unaccompanied minor to another Member unaccompanied minor to another Member State, the transferring Member State should State, the transferring Member State should make sure that that Member State will take make sure that that Member State will take all necessary and appropriate measures to all necessary and appropriate measures to ensure the adequate protection of the child, ensure the adequate protection of the child, and in particular the prompt appointment and in particular the prompt appointment of a representative or representatives of a representative or representatives tasked with safeguarding respect for all the tasked with safeguarding respect for all the rights to which they are entitled. Any rights to which they are entitled. Any decision to transfer an unaccompanied decision to transfer an unaccompanied minor should be preceded by an minor should be preceded by an assessment of his/her best interests by staff assessment of his/her best interests by staff with the necessary qualifications and with the necessary qualifications and expertise. expertise.

Or. en

Justification

Any kind of blanket ban on returning unaccompanied minors to the first Member State of entry, would set a dangerous precedent and could encourage unaccompanied minors to make dangerous journey's across Europe alone or to put themselves in the hands of traffickers. There may be cases where it would be in the best interest of the child to be returned to the first Member State and there may also be cases where it is in the best interest of the child not to be returned to the first Member States, both of these situations are allowed for in this wording.

Amendment 164 Daniel Dalton, Helga Stevens, Branislav Škripek

Proposal for a regulation Recital 21

Text proposed by the Commission Amendment

AM\1122579EN.docx 41/138 PE602.906v01-00 EN examination is not its responsibility under examination is not its responsibility under the criteria laid down in this Regulation the criteria laid down in this Regulation may undermine the effectiveness and may undermine the effectiveness and sustainability of the system and should be sustainability of the system and should be exceptional. Therefore, a Member State exceptional. Therefore, a Member State should be able to derogate from the should only be able to derogate from the responsibility criteria only on humanitarian responsibility criteria on humanitarian grounds, in particular for family reasons, grounds, in particular for family reasons, before a Member State responsible has before a Member State responsible has been determined and examine an been determined and examine an application for international protection application for international protection lodged with it or with another Member lodged with it or with another Member State, even if such examination is not its State, even if such examination is not its responsibility under the binding criteria responsibility under the binding criteria laid down in this Regulation. laid down in this Regulation. A Member State may, at its own discretion, derogate from the responsibility criteria if they wish to accept a request from an applicant after another Member State has been determined responsible for the applicant but before the application has been examined. This requires the agreement of both the Member State responsible for the application and the Member State that would assume the responsibility for the application. This transfer of responsibility can happen once only, at the request of an applicant and the agreement of both Member States involved. In cases where the applicant's request is unsuccessful, responsibility remains with the Member State originally determined responsible and the applicant is not able to make another request to any other Member State to take responsibility for their application.

Or. en

Justification

A system by which Member States volunteer to take people rather than are forced to do so, is more likely to be successful and so refugees are more likely to stay and feel welcomed rather than attempting to move on to another Member State . Therefore it makes sense that under the agreement of the Member States they have been sent to (but want to leave), and the agreement of another Member State they wish to go to, that they could be transferred there instead. This could happen once only, but would give them another opportunity to try and settle well in the EU. At the same time the opportunity to move from the Member State of allocation to the Member State of choice should only happen after the applicant has been allocated to a

PE602.906v01-00 42/138 AM\1122579EN.docx EN responsible Member State. Allowing applicants to choose a destination Member State at the start of the process risks giving applicants and those considering taking the risky journey across the Mediterranean to Europe the false impression that they will be able to choose their destination country. This could encourage more people to risk their lives to reach Europe's shores.

Amendment 165 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Péter Niedermüller, Dietmar Köster, Birgit Sippel

Proposal for a regulation Recital 21

Text proposed by the Commission Amendment

(21) Assuming responsibility by a (21) A Member State should be able to Member State for examining an derogate from the responsibility criteria application lodged with it in cases when and examine an application for such examination is not its responsibility international protection lodged with it or under the criteria laid down in this with another Member State, even if such Regulation may undermine the examination is not its responsibility under effectiveness and sustainability of the the criteria laid down in this Regulation. system and should be exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.

Or. en

Justification

The shadow rapporteur doesn't support the limitations to the discretionary clause of Article 19 proposed by the EC.

Amendment 166 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

AM\1122579EN.docx 43/138 PE602.906v01-00 EN Proposal for a regulation Recital 21

Text proposed by the Commission Amendment

(21) Assuming responsibility by a (21) A Member State should be able to Member State for examining an derogate from the responsibility criteria in application lodged with it in cases when particular on humanitarian grounds, and such examination is not its responsibility examine an application for international under the criteria laid down in this protection lodged with it or with another Regulation may undermine the Member State, even if such examination is effectiveness and sustainability of the not its responsibility under the binding system and should be exceptional. criteria laid down in this Regulation. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.

Or. en

Justification

Deletion of "therefore" for linguistic reasons.

Amendment 167 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Rosa D'Amato, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea, Tiziana Beghin, David Borrelli

Proposal for a regulation Recital 21

Text proposed by the Commission Amendment

(21) Assuming responsibility by a (21) Assuming responsibility by a Member State for examining an application Member State for examining an application lodged with it in cases when such lodged with it in cases when such examination is not its responsibility under examination is not its responsibility under the criteria laid down in this Regulation the criteria laid down in this Regulation is may undermine the effectiveness and exceptional. Therefore, a Member State

PE602.906v01-00 44/138 AM\1122579EN.docx EN sustainability of the system and should be should be able to derogate from the exceptional. Therefore, a Member State responsibility criteria and examine an should be able to derogate from the application for international protection responsibility criteria only on lodged with it or with another Member humanitarian grounds, in particular for State, even if such examination is not its family reasons, before a Member State responsibility under the binding criteria responsible has been determined and laid down in this Regulation. examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.

Or. it

Justification

Amending the part not covered by the recast is necessary to guarantee consistency with other amendments tabled which are intended to make it possible to attribute responsibility to a Member State that may want it, not only for humanitarian reasons.

Amendment 168 Jean Lambert, Judith Sargentini, Ska Keller, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Recital 21

Text proposed by the Commission Amendment

(21) Assuming responsibility by a (21) A Member State should be able to Member State for examining an derogate from the responsibility criteria application lodged with it in cases when for example on humanitarian grounds, in such examination is not its responsibility particular for family reasons, and under the criteria laid down in this examine an application for international Regulation may undermine the protection lodged with it or with another effectiveness and sustainability of the Member State, even if such examination is system and should be exceptional. not its responsibility under the binding Therefore, a Member State should be able criteria laid down in this Regulation. In to derogate from the responsibility criteria order to ensure full respect of the only on humanitarian grounds, in applicant's right to private and family life, particular for family reasons, before a and in order to improve the prospects of Member State responsible has been long-term integration of the applicants, determined and examine an application the existence of meaningful links with a for international protection lodged with it Member State, including language skills, or with another Member State, even if education, professional skills or cultural such examination is not its responsibility ties which would facilitate his or her

AM\1122579EN.docx 45/138 PE602.906v01-00 EN under the binding criteria laid down in integration, should become a binding this Regulation. responsibility criterion.

Or. en

Justification

This amendment is needed to maintain the logic of the text as it should serve to ensure the applicant's right to family and private life and 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 relating to the right to private and family life and amendments ensuring that the internal logic of the text, aimed at increasing applicants' integration prospects and decreasing "secondary movements" is maintained.

Amendment 169 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 22

Text proposed by the Commission Amendment

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

PE602.906v01-00 46/138 AM\1122579EN.docx EN material needs of that person are covered.

Or. en

Amendment 170 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

Proposal for a regulation Recital 22

Text proposed by the Commission Amendment

(22) In order to ensure that the aims of (22) In order to ensure that the aims of this Regulation are achieved and obstacles this Regulation are achieved and its swift to its application are prevented, in implementation, procedures should be put particular in order to avoid absconding in place to ensure the cooperation of and secondary movements between applicants and Member States, with a Member States, it is necessary to establish clear system of incentives and clear obligations to be complied with by disincentives to ensure compliance. It is the applicant in the context of the also necessary to ensure that all procedure, of which he or she should be applicants are appropriately informed of duly informed in a timely manner. the application of this Regulation. The Violation of those legal obligations should support and protection of minors, in lead to appropriate and proportionate particular unaccompanied minors, should procedural consequences for the be strengthened applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.

Or. en

Amendment 171 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Recital 22

AM\1122579EN.docx 47/138 PE602.906v01-00 EN Text proposed by the Commission Amendment

(22) In order to ensure that the aims of (22) In order to ensure that the aims of this Regulation are achieved and obstacles this Regulation are achieved and obstacles to its application are prevented, in to its application are prevented, in particular in order to avoid absconding and particular in order to avoid absconding and secondary movements between Member secondary movements between Member States, it is necessary to establish clear States, it is necessary to establish clear obligations to be complied with by the obligations to be complied with by the applicant in the context of the procedure, applicant in the context of the procedure, of which he or she should be duly informed of which he or she should be duly informed in a timely manner. Violation of those in a timely manner. In line with the legal obligations should lead to Charter of Fundamental Rights of the appropriate and proportionate procedural European Union, the Member State consequences for the applicant and to where such an applicant is present should appropriate and proportionate in any case ensure that the reception consequences in terms of his or her needs, including access to healthcare, reception conditions. In line with the education and housing of that person are Charter of Fundamental Rights of the covered. The meaning of absconding European Union, the Member State should be strictly defined, in line with where such an applicant is present should guidelines set up by the EU Fundamental in any case ensure that the immediate Rights Agency, and based on an material needs of that person are covered. assessment of the individual circumstances of the person involved carried out by a judicial authority, as encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities. Irregular entry, lack of an address or documents proving the identity of an applicant shall never constitute valid criteria to determine the existence of a risk of absconding.

Or. en

Amendment 172 Anna Maria Corazza Bildt, Nathalie Griesbeck, Barbara Matera, Damiano Zoffoli, Hilde Vautmans, Julie Ward, Silvia Costa, Antonio López-Istúriz White

Proposal for a regulation Recital 22

Text proposed by the Commission Amendment

(22) In order to ensure that the aims of (22) In order to ensure that the aims of

PE602.906v01-00 48/138 AM\1122579EN.docx EN this Regulation are achieved and obstacles this Regulation are achieved and obstacles to its application are prevented, in to its application are prevented, in particular in order to avoid absconding and particular in order to avoid absconding and secondary movements between Member secondary movements between Member States, it is necessary to establish clear States, it is necessary to establish clear obligations to be complied with by the obligations to be complied with by the applicant in the context of the procedure, applicant in the context of the procedure, of which he or she should be duly informed of which he or she should be duly informed in a timely manner. Violation of those legal in a timely manner. Violation of those legal obligations should lead to appropriate and obligations should lead to appropriate and proportionate procedural consequences for proportionate procedural consequences for the applicant and to appropriate and the applicant and to appropriate and proportionate consequences in terms of his proportionate consequences in terms of his or her reception conditions. In line with the or her reception conditions. In line with the Charter of Fundamental Rights of the Charter of Fundamental Rights of the European Union, the Member State where European Union, the Member State where such an applicant is present should in any such an applicant is present should in any case ensure that the immediate material case ensure that the immediate material needs of that person are covered. needs of that person are covered. Such restrictions in the reception conditions shall not apply to vulnerable groups, such as unaccompanied 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 173 Jeroen Lenaers

Proposal for a regulation Recital 22

Text proposed by the Commission Amendment

AM\1122579EN.docx 49/138 PE602.906v01-00 EN of which he or she should be duly informed of which he or she should be duly informed in a timely manner. Violation of those legal in a timely manner. In order to encourage obligations should lead to appropriate and applicants to comply and cooperate, proportionate procedural consequences for violation of those legal obligations should the applicant and to appropriate and lead to appropriate and proportionate proportionate consequences in terms of his procedural consequences for the applicant or her reception conditions. In line with the and to appropriate and proportionate Charter of Fundamental Rights of the consequences in terms of his or her European Union, the Member State where reception conditions. In line with the such an applicant is present should in any Charter of Fundamental Rights of the case ensure that the immediate material European Union, the Member State where needs of that person are covered. such an applicant is present should in any case ensure that the immediate material needs of that person are covered.

Or. en

Amendment 174 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea, Tiziana Beghin, David Borrelli, Rosa D'Amato, Marco Zullo

Proposal for a regulation Recital 22

Text proposed by the Commission Amendment

(22) In order to ensure that the aims of (22) In order to ensure that the aims of this Regulation are achieved and obstacles this Regulation are achieved and obstacles to its application are prevented, in to its application are prevented, in particular in order to avoid absconding and particular in order to avoid absconding and secondary movements between Member secondary movements between Member States, it is necessary to establish clear States, it is necessary to establish clear obligations to be complied with by the obligations to be complied with by the applicant in the context of the procedure, applicant in the context of the procedure, of which he or she should be duly informed of which he or she should be duly informed in a timely manner. Violation of those legal in a timely manner. Violation of those legal obligations should lead to appropriate and obligations should lead to appropriate and proportionate procedural consequences for proportionate procedural consequences for the applicant and to appropriate and the applicant. In line with the Charter of proportionate consequences in terms of Fundamental Rights of the European his or her reception conditions. In line Union, the Member State where such an with the Charter of Fundamental Rights of applicant is present should in any case the European Union, the Member State ensure that the immediate material needs of where such an applicant is present should that person are covered. in any case ensure that the immediate material needs of that person are covered.

PE602.906v01-00 50/138 AM\1122579EN.docx EN Or. it

Amendment 175 Alessandra Mussolini, Salvatore Domenico Pogliese, Carlos Coelho, Barbara Matera

Proposal for a regulation Recital 22

Text proposed by the Commission Amendment

(22) In order to ensure that the aims of (22) In order to ensure that the aims of this Regulation are achieved and obstacles this Regulation are achieved and obstacles to its application are prevented, in to its application are prevented, in particular in order to avoid absconding and particular in order to avoid absconding and secondary movements between Member secondary movements between Member States, it is necessary to establish clear States, it is necessary to establish clear obligations to be complied with by the obligations to be complied with by the applicant in the context of the procedure, applicant in the context of the procedure, of which he or she should be duly informed of which he or she should be duly informed in a timely manner. Violation of those legal in a timely manner. Violation of those legal obligations should lead to appropriate and obligations should lead to appropriate and proportionate procedural consequences proportionate consequences in terms of for the applicant and to appropriate and some of his or her reception conditions. In proportionate consequences in terms of his line with the Charter of Fundamental or her reception conditions. In line with the Rights of the European Union, the Member Charter of Fundamental Rights of the State where such an applicant is present European Union, the Member State where should in any case ensure that the such an applicant is present should in any immediate material needs of that person case ensure that the immediate material are covered. needs of that person are covered.

Or. en

Justification

This amendment updates the recital on the basis of the changes proposed in Article 5(3).

Amendment 176 Lorenzo Fontana

Proposal for a regulation Recital 22

Text proposed by the Commission Amendment

(22) In order to ensure that the aims of (22) In order to ensure that the aims of

AM\1122579EN.docx 51/138 PE602.906v01-00 EN this Regulation are achieved and obstacles this Regulation are achieved and obstacles to its application are prevented, in to its application are prevented, in particular in order to avoid absconding and particular in order to avoid absconding and secondary movements between Member secondary movements between Member States, it is necessary to establish clear States, it is necessary to establish clear obligations to be complied with by the obligations to be complied with by the applicant in the context of the procedure, applicant in the context of the procedure, of which he or she should be duly informed of which he or she should be duly informed in a timely manner. Violation of those legal in a timely manner. Violation of those legal obligations should lead to appropriate and obligations should lead to appropriate and proportionate procedural consequences for proportionate procedural consequences for the applicant and to appropriate and the applicant (such as repatriation) and to proportionate consequences in terms of his appropriate and proportionate or her reception conditions. In line with the consequences in terms of his or her Charter of Fundamental Rights of the reception conditions. In line with the European Union, the Member State where Charter of Fundamental Rights of the such an applicant is present should in any European Union, the Member State where case ensure that the immediate material such an applicant is present should in any needs of that person are covered. case ensure that the immediate material needs of that person are covered.

Or. it

Justification

It is important that we mention repatriation as one of the measures taken against those who violate the laws of their country.

Amendment 177 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 Recital 22

Text proposed by the Commission Amendment

PE602.906v01-00 52/138 AM\1122579EN.docx EN in a timely manner. Violation of those legal in a timely manner. Violation of those legal obligations should lead to appropriate and obligations should lead to appropriate and proportionate procedural consequences for proportionate procedural consequences for the applicant and to appropriate and the applicant and to appropriate and proportionate consequences in terms of his proportionate consequences in terms of his or her reception conditions. In line with the or her reception conditions. In line with the Charter of Fundamental Rights of the Charter of Fundamental Rights of the European Union, the Member State where European Union, the Member State where such an applicant is present should in any such an applicant is present should in any case ensure that the immediate material case ensure that the immediate needs of needs of that person are covered. that person are covered.

Or. en

Amendment 178 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Dietmar Köster, Birgit Sippel

Proposal for a regulation Recital 22 a (new)

Text proposed by the Commission Amendment

(22a) In order to increase applicants' understanding of the functioning of the Common European Asylum System (CEAS) it is necessary to significantly improve the provision of information. Investing in the early provision of accessible information to applicants will greatly increase their possibilities to understand, accept and follow the procedures of this Regulation. In order to reduce the administrative requirements and make effective use of common resources the European Union Asylum Agency should develop suitable information material, in close cooperation with the national authorities. The Agency should make full use of modern information technologies when developing that material. In order to properly assist asylum seekers the Agency should also develop audio-visual information material that can be used as a complement to written information

AM\1122579EN.docx 53/138 PE602.906v01-00 EN materials. The Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants designed to counter the often incorrect information provided to them by smugglers. The information material developed by the Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in Europe.

Or. en

Justification

The shadow rapporteur supports the rapporteur by highlighting that improved information to applicants is an investment for the European Union as well as for the Member States since it could potentially reduce important costs in other parts of the system. At the same time it would contribute to a better understanding of the future Asylum System.

Amendment 179 Péter Niedermüller

Proposal for a regulation Recital 22 a (new)

Text proposed by the Commission Amendment

(22a) In order to increase applicants' understanding of the functioning of the Common European Asylum System (CEAS) it is necessary to improve the provision of information significantly. Investing in the early provision of accessible information to applicants will greatly increase the likelihood that they will understand, accept and follow the procedures of this Regulation to a greater extent than to date. In order to reduce the administrative requirements and make effective use of common resources the Asylum Agency should develop suitable information material, and audio-visual information material that can be used as a complement to written information

PE602.906v01-00 54/138 AM\1122579EN.docx EN material in cooperation with the relevant national authorities,. The Asylum Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants designed to counter the often incorrect information provided to them. The information material should be translated and made available in all of the major relevant languages spoken by asylum seekers arriving in Europe.

Or. en

Justification

The provision of improved information to applicants could potentially contribute significantly to increase efficiency of the CEAS.

Amendment 180 Alessandra Mussolini, Salvatore Domenico Pogliese, Carlos Coelho, Barbara Matera

Proposal for a regulation Recital 22 a (new)

Text proposed by the Commission Amendment

(22a) In order to reduce the administrative requirements and make effective use of common resources the European Union Agency for Asylum should develop suitable information material on the CEAS, in close cooperation with the national authorities. The information material developed by the Agency should be translated and made available in languages which the asylum seekers understand or are reasonably supposed to understand. In order to avoid that information on the functioning of the CEAS are improperly used, they should be provided just to asylum seekers, once they have already reached the territory of the Union.

Or. en

AM\1122579EN.docx 55/138 PE602.906v01-00 EN Justification

The European Union Agency for Asylum should play a key role in supporting Member States in the activity of informing the asylum seekers about the procedures of this Regulation within the framework of the general functioning of the CEAS. Nevertheless, it is key that these information are offered just to those applicants who have already reached the territory of the Union. It is in fact crucial that they are delivered just to a targeted audience, in order to avoid that smugglers benefit from a proper knowledge of the system.

Amendment 181 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Recital 22 a (new)

Text proposed by the Commission Amendment

(22a) Different categories of applicants have differing information needs and information will therefore have to be provided in different ways and be adapted to those needs. It is particularly important to ensure that minors have access to child-friendly information that is specific to their needs and situation. Providing accurate, high-quality information to both accompanied and unaccompanied minors in a child-friendly environment can play an essential part both in providing a good environment for the minor but also in order to identify cases of any form of exploitation or violence, including trafficking in human beings.

Or. en

Justification

This amendment follows the logic of other admissible amendments seeking to improve the implementation of the best interest of the child.

Amendment 182 Salvatore Domenico Pogliese

Proposal for a regulation

PE602.906v01-00 56/138 AM\1122579EN.docx EN Recital 22 a (new)

Text proposed by the Commission Amendment

(22a) To build an efficient Common European Asylum System, to save human lives by preventing dangerous journeys and crossings of the sea, to combat the problem of human traffickers and people smugglers, and to prevent the arrival in Europe of huge waves of economic migrants whose applications for international protection will be rejected, the European Union must evaluate the suitability of setting up “Hotspots” for examining applications for international protection in third countries that are considered safe.

Or. it

Justification

The reform of the Dublin III Regulation must be designed to create the conditions for the fair distribution of asylum seekers, alleviating the burden that has, to date, fallen on states of first entry , but at the same time it should also safeguard the rights and safety of those requesting international protection. For this reason, it would be beneficial to set up centres for examining applications for international protection in the main transit countries.

Amendment 183 Elly Schlein, Juan Fernando López Aguilar, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Ana Gomes, Cécile Kashetu Kyenge, Sylvie Guillaume, Caterina Chinnici, Maria Grapini, Miriam Dalli, Péter Niedermüller, Marju Lauristin, Dietmar Köster

Proposal for a regulation Recital 23

Text proposed by the Commission Amendment

AM\1122579EN.docx 57/138 PE602.906v01-00 EN State responsible . As soon as the application for international protection is application for international protection is lodged, the applicant should be informed in lodged, the applicant should be informed in particular of the application of this particular of the application of this Regulation, of the lack of choice as to Regulation, of the lack of choice as to which Member State will examine his or which Member State will examine his or her asylum application; of his or her her asylum application; of his or her obligations under this Regulation and of obligations under this Regulation and of the consequences of not complying with the consequences of not complying with them and of the possibility of presenting them all further information which is relevant for correctly determining the Member State responsible before a final decision is taken, including the presence of family members or relatives in the Member States, and the existence of meaningful links with a Member State. The applicant should also be informed of all his or her rights, including the right to an effective remedy and legal assistance. When the applicant is a minor, the interview has to be conducted in a child- friendly manner and with the presence of a guardian and, where applicable, the legal advisor or counsellor. The person conducting the interview shall be qualified and competent to take account of the personal and general circumstances surrounding the applicant.

Or. en

Justification

The amendment aims at aligning the text with the modifications proposed to Article 7.

Amendment 184 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea, Tiziana Beghin, David Borrelli, Rosa D'Amato, Marco Zullo, Marco Valli, Daniela Aiuto

Proposal for a regulation Recital 23

Text proposed by the Commission Amendment

(23) A personal interview with the (23) A personal interview with the applicant should be organised in order to applicant should be organised in order to

PE602.906v01-00 58/138 AM\1122579EN.docx EN facilitate the determination of the Member facilitate the determination of the Member State responsible for examining an State responsible for examining an application for international protection application for international protection unless the applicant has absconded or the unless the applicant has absconded or the information provided by the applicant is information provided by the applicant is sufficient for determining the Member sufficient for determining the Member State responsible. As soon as the State responsible. As soon as the application for international protection is application for international protection is lodged, the applicant should be informed in lodged, the applicant should be informed in particular of the application of this particular of the application of this Regulation, of the lack of choice as to Regulation, of the lack of choice as to which Member State will examine his or which Member State will examine his or her asylum application; of his or her her asylum application; of his or her rights obligations under this Regulation and of under this Regulation, in particular the the consequences of not complying with opportunity to provide information on any them family members or persons with other family connections in other Member States, and of his or her obligations under this Regulation and of the consequences of not complying with them. The information given to the applicant must be clear and concise and in a language that he or she understands.

Or. it

Justification

Amending the part not covered by the recast is needed to guarantee consistency with other amendments tabled.

Amendment 185 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 23

Text proposed by the Commission Amendment

AM\1122579EN.docx 59/138 PE602.906v01-00 EN sufficient for determining the Member sufficient for determining the Member State responsible. As soon as the State responsible. As soon as the application for international protection is application for international protection is lodged, the applicant should be informed in lodged, the applicant should be informed in particular of the application of this particular of the application of this Regulation, of the lack of choice as to Regulation as to which Member State may which Member State will examine his or be competent of his or her asylum her asylum application; of his or her application; of his or her rights and obligations under this Regulation and of obligations under this Regulation. The the consequences of not complying with applicant should be fully informed about them his or her right to legal assistance and an effective remedy. The information to the applicant should be provided in a language that he or she understands, in a concise, transparent, intelligible and easily accessible form.

Or. en

Amendment 186 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Recital 23

Text proposed by the Commission Amendment

(23) A personal interview with the (23) A personal interview with the applicant should be organised in order to applicant should be organised in order to facilitate the determination of the Member facilitate the determination of the Member State responsible for examining an State responsible for examining an application for international protection application for international protection. As unless the applicant has absconded or the soon as the application for international information provided by the applicant is protection is registered, the applicant sufficient for determining the Member should be informed in particular of the State responsible. As soon as the application of this Regulation, of the application for international protection is procedure determining which Member lodged, the applicant should be informed in State will examine his or her asylum particular of the application of this application, including the possibility to be Regulation, of the lack of choice as to transferred to a Member State where which Member State will examine his or family members are present and with her asylum application; of his or her which the applicant has meaningful links, obligations under this Regulation and of including language skills, education, the consequences of not complying with professional skills or cultural ties and of them his or her obligations under this Regulation and of any consequences of not complying

PE602.906v01-00 60/138 AM\1122579EN.docx EN with them.

Or. en

Justification

Amendment 187 Lorenzo Fontana

Proposal for a regulation Recital 23

Text proposed by the Commission Amendment

(23) A personal interview with the (23) A personal interview with the applicant should be organised in order to applicant should be organised in order to facilitate the determination of the Member facilitate the determination of the Member State responsible for examining an State responsible for examining an application for international protection application for international protection. As unless the applicant has absconded or the soon as the application for international information provided by the applicant is protection is lodged, the applicant should sufficient for determining the Member be informed in particular of the application State responsible. As soon as the of this Regulation, of the lack of choice as application for international protection is to which Member State will examine his or lodged, the applicant should be informed in her asylum application; of his or her particular of the application of this obligations under this Regulation and of Regulation, of the lack of choice as to the consequences of not complying with which Member State will examine his or them her asylum application; of his or her obligations under this Regulation and of the consequences of not complying with them

Or. it

Justification

If the applicant flees and does not abide by the law, he or she should not be guaranteed – and this should be made explicit – an asylum application.

AM\1122579EN.docx 61/138 PE602.906v01-00 EN Amendment 188 Monika Hohlmeier

Proposal for a regulation Recital 23 a (new)

Text proposed by the Commission Amendment

(23a) 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. Qualified staff which conducts the personal interview shall therefore be obliged to inform the competent staff of national authorities, Europol and the European Border and Coast Guard as soon as possible when there are reasonable grounds that an interviewed person is at risk of becoming a victim of or is involved in the above mentioned activities. ______1a https://www.europol.europa.eu/publicatio ns-documents/migrant-smuggling-in-eu http://frontex.europa.eu/assets/Publicatio ns/Risk_Analysis/Annula_Risk_Analysis_ 2016.pdf

Or. en

Justification

corresponds with the amendments of Article 7 and 8 and is a response to the newly emerging trend by organised crime and terrorist networks to misuse migratory routes.

PE602.906v01-00 62/138 AM\1122579EN.docx EN Amendment 189 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Recital 24

Text proposed by the Commission Amendment

(24) In order to guarantee effective (24) In order to guarantee effective protection of the rights of the persons protection of the rights of the persons concerned, legal safeguards and the right to concerned, legal safeguards and the right to an effective remedy in respect of decisions an effective remedy in respect of decisions regarding transfers to the Member State regarding transfers to the Member State responsible should be established, in responsible should be established, in accordance, in particular, with Article 47 accordance, in particular, with Article 47 of the Charter of Fundamental Rights of of the Charter of Fundamental Rights of the European Union. An effective remedy the European Union. An effective remedy should also be provided in situations when should also be provided in situations when no transfer decision is taken but the no transfer decision is taken but the applicant claims that another Member State applicant claims that another Member State is responsible on the basis that he has a is responsible on the basis that he has a family member or, for unaccompanied family member or a relative in another minors, a relative in another Member Member State. In order to ensure that State. In order to ensure that international international law is respected, an effective law is respected, an effective remedy remedy against such decisions should against such decisions should cover both cover both the examination of the the examination of the application of this application of this Regulation and of the Regulation and of the legal and factual legal and factual situation in the Member situation in the Member State to which the State to which the applicant is transferred. applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.

Or. en

Justification

AM\1122579EN.docx 63/138 PE602.906v01-00 EN Amendment 190 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Recital 24

Text proposed by the Commission Amendment

(24) In order to guarantee effective (24) In order to guarantee effective protection of the rights of the persons protection of the rights of the persons concerned, legal safeguards and the right to concerned, legal safeguards and the right to an effective remedy in respect of decisions an effective remedy in respect of decisions regarding transfers to the Member State regarding transfers to the Member State responsible should be established, in responsible should be established, in accordance, in particular, with Article 47 accordance, in particular, with Article 47 of the Charter of Fundamental Rights of of the Charter of Fundamental Rights of the European Union. An effective remedy the European Union. An effective remedy should also be provided in situations when should also be provided in situations when no transfer decision is taken but the no transfer decision is taken but the applicant claims that another Member State applicant claims that another Member State is responsible on the basis that he has a is responsible on the basis that he has a family member or, for unaccompanied family member or, for unaccompanied minors, a relative in another Member State. minors, a relative in another Member State. In order to ensure that international law is In order to ensure that international law is respected, an effective remedy against such respected, an effective remedy against such decisions should cover both the decisions should cover both the examination of the application of this examination of the application of this Regulation and of the legal and factual Regulation and of the legal and factual situation in the Member State to which the situation in the Member State to which the applicant is transferred. The scope of the applicant is transferred. effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.

Or. en

Amendment 191 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Birgit Sippel

PE602.906v01-00 64/138 AM\1122579EN.docx EN Proposal for a regulation Recital 24

Text proposed by the Commission Amendment

(24) In order to guarantee effective (24) In order to guarantee effective protection of the rights of the persons protection of the rights of the persons concerned, legal safeguards and the right to concerned, legal safeguards and the right to an effective remedy in respect of decisions an effective remedy in respect of decisions regarding transfers to the Member State regarding transfers to the Member State responsible should be established, in responsible should be established, in accordance, in particular, with Article 47 accordance, in particular, with Article 47 of the Charter of Fundamental Rights of of the Charter of Fundamental Rights of the European Union. An effective remedy the European Union. An effective remedy should also be provided in situations when should also be provided in situations when no transfer decision is taken but the no transfer decision is taken but the applicant claims that another Member State applicant claims that another Member State is responsible on the basis that he has a is responsible on the basis that he has a family member or, for unaccompanied family member or, for unaccompanied minors, a relative in another Member State. minors, a relative in another Member State. In order to ensure that international law is In order to ensure that international law is respected, an effective remedy against such respected, an effective remedy against such decisions should cover both the decisions should cover both the examination of the application of this examination of the application of this Regulation and of the legal and factual Regulation and of the legal and factual situation in the Member State to which the situation in the Member State to which the applicant is transferred. The scope of the applicant is transferred. effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.

Or. en

Justification

The shadow rapporteur suggests to delete this since it would likely not be compatible with the requirements of article 47 of the Charter to limit the right of a remedy to only certain breaches of rights.

Amendment 192 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

AM\1122579EN.docx 65/138 PE602.906v01-00 EN Proposal for a regulation Recital 25

Text proposed by the Commission Amendment

(25) The Member State which is deleted determined as responsible under this Regulation should remain responsible for examination of each and every application of that applicant, including any subsequent application, 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. Provisions in Regulation (EU) 604/2013 which had provided for the cessation of responsibility in certain circumstances, including when deadlines for the carrying out of transfers had elapsed for a certain period of time, had created an incentive for absconding, and should therefore be removed.

Or. it

Amendment 193 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk, Kostas Chrysogonos

Proposal for a regulation Recital 25

Text proposed by the Commission Amendment

PE602.906v01-00 66/138 AM\1122579EN.docx EN cessation of responsibility in certain circumstances, including when deadlines for the carrying out of transfers had elapsed for a certain period of time, had created an incentive for absconding, and should therefore be removed.

Or. en

Amendment 194 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Recital 25

Text proposed by the Commission Amendment

Or. en

Amendment 195 Emil Radev, Mariya Gabriel

Proposal for a regulation Recital 25

AM\1122579EN.docx 67/138 PE602.906v01-00 EN Text proposed by the Commission Amendment

Or. en

Amendment 196 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Péter Niedermüller

Proposal for a regulation Recital 25

Text proposed by the Commission Amendment

PE602.906v01-00 68/138 AM\1122579EN.docx EN for the carrying out of transfers had elapsed for a certain period of time, had created an incentive for absconding, and should therefore be removed.

Or. en

Justification

The shadow rapporteur does not support the principle of permanent responsibility as proposed by the EC.

Amendment 197 Sergei Stanishev

Proposal for a regulation Recital 25

Text proposed by the Commission Amendment

(25) The Member State which is (25) The Member State which is determined as responsible under this determined as responsible under this Regulation should remain responsible for Regulation should remain responsible for examination of each and every application examination of each and every application of that applicant, including any subsequent of that applicant, including any subsequent application, in accordance with Article 40, application, within a 24 month period, in 41 and 42 of Directive 2013/32/EU, accordance with Article 40, 41 and 42 of irrespective of whether the applicant has Directive 2013/32/EU, and provided that left or was removed from the territories of the applicant has not left to the country of the Member States. Provisions in origin or has not been removed from the Regulation (EU) 604/2013 which had territory of the Member State. provided for the cessation of responsibility in certain circumstances, including when deadlines for the carrying out of transfers had elapsed for a certain period of time, had created an incentive for absconding, and should therefore be removed.

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

AM\1122579EN.docx 69/138 PE602.906v01-00 EN 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 198 Emil Radev

Proposal for a regulation Recital 26

Text proposed by the Commission Amendment

(26) In order to ensure the speedy (26) In order to ensure the speedy determination of responsibility and determination of responsibility and allocation of applicants for international allocation of applicants for international protection between Member States, the protection between Member States, the deadlines for making and replying to deadlines for making and replying to requests to take charge, for making take requests to take charge and for carrying out back notifications, and for carrying out transfers, as well as for making and transfers, as well as for making and deciding on appeals, should be streamlined deciding on appeals, should be streamlined and shortened to the greatest extent and shortened to the greatest extent possible. possible.

Or. en

Amendment 199 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Malin Björk

Proposal for a regulation Recital 27

Text proposed by the Commission Amendment

(27) The detention of applicants should (27) A person should not be held in be applied in accordance with the detention on the basis of this Regulation. underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for

PE602.906v01-00 70/138 AM\1122579EN.docx EN under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detained on the basis of this Regulation.

Or. en

Justification

This amendment is inextricably linked to other admissible amendments seeking to limit detention of applicants.

Amendment 200 Kristina Winberg, Beatrix von Storch

Proposal for a regulation Recital 27

Text proposed by the Commission Amendment

(27) The detention of applicants should (27) The detention of applicants is be applied in accordance with the essential to maintaining security in the underlying principle that a person should member states and preventing secondary not be held in detention for the sole movements. As regards the general reason that he or she is seeking guarantees governing detention, as well as international protection. Detention should detention conditions, where appropriate, be for as short a period as possible and Member States should apply the provisions subject to the principles of necessity and of Directive 2013/33/EU also to persons proportionality. In particular, the detained on the basis of this Regulation. detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detained on the basis of this Regulation.

AM\1122579EN.docx 71/138 PE602.906v01-00 EN Or. en

Justification

The security risks for the member state and its population when allowing entry to migrants without any possibility to check their background is substantial. It is a well-established fact that a substantial amount of migrants have fought in the name of terror organizations. Hence, it is every member states duty to initially ensure that none of these individuals can move freely within the EU without a comprehensive security investigation in regard to their background.

Amendment 201 Lorenzo Fontana

Proposal for a regulation Recital 27

Text proposed by the Commission Amendment

(27) The detention of applicants should (27) The detention of applicants should be applied in accordance with the be applied in accordance with the underlying principle that a person should underlying principle that a person who not be held in detention for the sole applies for the right of asylum and has reason that he or she is seeking illegally entered the territory of a Member international protection. Detention should State may be held in detention until a be for as short a period as possible and decision is reached with regard to his or subject to the principles of necessity and her request for international protection. proportionality. In particular, the detention Detention should be for as short a period as of applicants must be in accordance with possible and subject to the principles of Article 31 of the Geneva Convention. The necessity and proportionality. In particular, procedures provided for under this the detention of applicants must honour Regulation in respect of a detained person their fundamental rights. The procedures should be applied as a matter of priority, provided for under this Regulation in within the shortest possible deadlines. As respect of a detained person should be regards the general guarantees governing applied as a matter of priority, within the detention, as well as detention conditions, shortest possible deadlines. where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detained on the basis of this Regulation.

Or. it

Justification

Substantial change. Migration policy must be managed seriously, which is why we absolutely must process applications for asylum quickly and seriously, and obligating the applicant to remain in a given place makes the process quicker and more efficient.

PE602.906v01-00 72/138 AM\1122579EN.docx EN Amendment 202 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, Miriam Dalli, Péter Niedermüller, Marju Lauristin, Dietmar Köster, Birgit Sippel

Proposal for a regulation Recital 27

Text proposed by the Commission Amendment

(27) The detention of applicants should (27) The detention of applicants should be applied in accordance with the be applied in accordance with the underlying principle that a person should underlying principle that a person should not be held in detention for the sole reason not be held in detention for the sole reason that he or she is seeking international that he or she is seeking international protection. Detention should be for as short protection. Detention should be limited to a period as possible and subject to the exceptional cases and for as short a period principles of necessity and proportionality. as possible and subject to the principles of In particular, the detention of applicants necessity and proportionality. Minors shall must be in accordance with Article 31 of never be detained. In particular, the the Geneva Convention. The procedures detention of applicants must be in provided for under this Regulation in accordance with Article 31 of the Geneva respect of a detained person should be Convention and which shall fully respect applied as a matter of priority, within the the person's fundamental rights. The shortest possible deadlines. As regards the procedures provided for under this general guarantees governing detention, as Regulation in respect of a detained person well as detention conditions, where should be applied as a matter of priority, appropriate, Member States should apply within the shortest possible deadlines. As the provisions of Directive 2013/33/EU regards the general guarantees governing also to persons detained on the basis of this detention, as well as detention conditions, Regulation. where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detained on the basis of this Regulation.

Or. en

Justification

The shadow rapporteur suggests this amendment in order to align it with the proposed change made in Article 29 - paragraph 4.

Amendment 203 Lorenzo Fontana

AM\1122579EN.docx 73/138 PE602.906v01-00 EN Proposal for a regulation Recital 28

Text proposed by the Commission Amendment

(28) Deficiencies in, or the collapse of, deleted asylum systems, often aggravated or contributed to by particular pressures on them, can jeopardise the smooth functioning of the system put in place under this Regulation, which could lead to a risk of a violation of the rights of applicants as set out in the Union asylum acquis and the Charter of Fundamental Rights of the European Union, other international human rights and refugee rights.

Or. it

Justification

Merely acknowledging that considerable migration pressure can lead to deficiencies in or the collapse of the system suggests that legislators are not taking the proposal seriously.

Amendment 204 Marek Jurek

Proposal for a regulation Recital 29

Text proposed by the Commission Amendment

(29) Proper registration of all asylum deleted applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective

PE602.906v01-00 74/138 AM\1122579EN.docx EN allocation mechanism.

Or. pl

Justification

This amendment is part of a package of amendments that removes the corrective allocation mechanism from the proposal. The proposed corrective allocation mechanism constitutes misapplication of the principle of solidarity, which cannot be subject to any administrative automatism. Under these circumstances the system for registration is not necessary.

Amendment 205 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 Recital 29

Text proposed by the Commission Amendment

Or. en

Justification

In line with the deletion of Chapter VII.

Amendment 206 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

AM\1122579EN.docx 75/138 PE602.906v01-00 EN Proposal for a regulation Recital 29

Text proposed by the Commission Amendment

(29) Proper registration of all asylum (29) An automated system should be applications in the EU under a unique established for the purpose of facilitating application number should help detect the application of this Regulation. It should multiple applications and prevent enable registration of asylum applications irregular secondary movements and lodged in the EU, effective monitoring of asylum shopping. An automated system the share of applications of each Member should be established for the purpose of State and a correct application of the facilitating the application of this corrective mechanism. Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism.

Or. en

Amendment 207 Alessandra Mussolini, Salvatore Domenico Pogliese, Carlos Coelho, Barbara Matera, Elissavet Vozemberg-Vrionidi

Proposal for a regulation Recital 29

Text proposed by the Commission Amendment

(29) Proper registration of all asylum (29) Proper registration of all asylum applications in the EU under a unique applications in the EU under a unique application number should help detect application number should help detect multiple applications and prevent irregular multiple applications and prevent irregular secondary movements and asylum secondary movements and asylum shopping. An automated system should be shopping. An automated system should be established for the purpose of facilitating established for the purpose of facilitating the application of this Regulation. It should the application of this Regulation. It should enable registration of asylum applications enable registration of asylum applications lodged in the EU, effective monitoring of lodged in the EU, effective monitoring of the share of applications of each Member the share of applications of each Member State and a correct application of the State and a correct application of the corrective allocation mechanism. corrective allocation mechanism. The national competent authorities of the Member State should be entitled to consult the information linked to the

PE602.906v01-00 76/138 AM\1122579EN.docx EN unique application number for security reasons.

Or. en

Justification

Despite the principle of purpose limitation should be applied as general rule to the new personal identification number, national authorities should be given the chance to consult the information linked to the identification number in those cases in which this could help to prevent or combat security threats.

Amendment 208 Beatrix von Storch

Proposal for a regulation Recital 29

Text proposed by the Commission Amendment

Or. en

Amendment 209 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

Proposal for a regulation Recital 29

Text proposed by the Commission Amendment

AM\1122579EN.docx 77/138 PE602.906v01-00 EN (29) Proper registration of all asylum (29) Proper registration of all asylum applications in the EU under a unique applications in the EU under a unique application number should help detect application number should help detect multiple applications and prevent irregular multiple applications and facilitate secondary movements and asylum implementation of this Regulation. An shopping. An automated system should be automated system should be established for established for the purpose of facilitating the purpose of facilitating the application the application of this Regulation. It should of this Regulation. It should enable enable registration of asylum applications registration of asylum applications lodged lodged in the EU, effective monitoring of in the EU, effective monitoring of the share the share of applications of each Member of applications of each Member State and a State and a correct application of the correct application of the corrective corrective allocation mechanism. allocation mechanism.

Or. en

Amendment 210 Marek Jurek

Proposal for a regulation Recital 31

Text proposed by the Commission Amendment

(31) In accordance with Article 80 of deleted the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.

Or. pl

Justification

PE602.906v01-00 78/138 AM\1122579EN.docx EN automatism. Intergovernmental arrangements, if any, may relate to assistance to countries struggling with large numbers of applications for international protection.

Amendment 211 Beatrix von Storch

Proposal for a regulation Recital 31

Text proposed by the Commission Amendment

Or. en

Amendment 212 Artis Pabriks, Tomáš Zdechovský, Traian Ungureanu, Kinga Gál, Andrea Bocskor, Pál Csáky, Brice Hortefeux, Petri Sarvamaa, Roberts Zīle, Jussi Halla-aho, Anders Primdahl Vistisen, Anna Záborská

Proposal for a regulation Recital 31

Text proposed by the Commission Amendment

AM\1122579EN.docx 79/138 PE602.906v01-00 EN procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.

Or. en

Justification

In line with the deletion of Chapter VII.

Amendment 213 Lorenzo Fontana

Proposal for a regulation Recital 31

Text proposed by the Commission Amendment

(31) In accordance with Article 80 of the (31) In accordance with Article 80 of the Treaty, Union acts should, whenever Treaty, Union acts must, whenever necessary, contain appropriate measures to necessary, contain appropriate measures to give effect to the principle of solidarity. A give effect to the principle of solidarity. A corrective allocation mechanism should be corrective allocation mechanism must be established in order to ensure a fair established through which the sharing of responsibility between Member guaranteeing and upholding of a fair States and a swift access of applicants to sharing of responsibility between Member procedures for granting international States is effective and efficient. protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.

Or. it

Justification

As we have seen to date, there can be no real solidarity without responsibility actually being borne.

Amendment 214 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

PE602.906v01-00 80/138 AM\1122579EN.docx EN Proposal for a regulation Recital 31

Text proposed by the Commission Amendment

(31) In accordance with Article 80 of the (31) In accordance with Article 80 of the Treaty, Union acts should, whenever Treaty, Union acts should, whenever necessary, contain appropriate measures to necessary, contain appropriate measures to give effect to the principle of solidarity. A give effect to the principle of solidarity. An corrective allocation mechanism should be allocation mechanism based on genuine established in order to ensure a fair sharing links complemented by a corrective of responsibility between Member States mechanism should be established in order and a swift access of applicants to to ensure a fair sharing of responsibility procedures for granting international between Member States and a swift access protection in situations when a Member of applicants to procedures for granting State is confronted with a international protection. disproportionate number of applications for international protection for which it is responsible under this Regulation.

Or. en

Amendment 215 Tomáš Zdechovský, József Nagy, Artis Pabriks, Kinga Gál, Pál Csáky, Pavel Poc, Miroslav Poche, Olga Sehnalová, Jan Keller, Monika Smolková, Andrea Bocskor, Vladimír Maňka

Proposal for a regulation Recital 31

Text proposed by the Commission Amendment

(31) In accordance with Article 80 of the (31) In accordance with Article 80 of the Treaty, Union acts should, whenever Treaty, Union acts should, whenever necessary, contain appropriate measures to necessary, contain appropriate measures to give effect to the principle of solidarity. A give effect to the principle of solidarity. A corrective allocation mechanism should be voluntary corrective allocation mechanism established in order to ensure a fair sharing should be established in order to ensure a of responsibility between Member States fair sharing of responsibility between and a swift access of applicants to Member States and a swift access of procedures for granting international applicants to procedures for granting protection in situations when a Member international protection in situations when State is confronted with a disproportionate a Member State is confronted with a number of applications for international disproportionate number of applications for protection for which it is responsible under international protection for which it is this Regulation. responsible under this Regulation.

AM\1122579EN.docx 81/138 PE602.906v01-00 EN Or. en

Justification

Since the obligatory corrective allocation mechanism did not prove to be working, the mechanism should operate on voluntary basis.

Amendment 216 Daniel Dalton, Branislav Škripek

Proposal for a regulation Recital 31

Text proposed by the Commission Amendment

(31) In accordance with Article 80 of the (31) In accordance with Article 80 of the Treaty, Union acts should, whenever Treaty, Union acts should, whenever necessary, contain appropriate measures to necessary, contain appropriate measures to give effect to the principle of solidarity. A give effect to the principle of solidarity. A corrective allocation mechanism should be voluntary corrective allocation mechanism established in order to ensure a fair sharing should be established in order to ensure a of responsibility between Member States fair sharing of responsibility between and a swift access of applicants to Member States and a swift access of procedures for granting international applicants to procedures for granting protection in situations when a Member international protection in situations when State is confronted with a disproportionate a Member State is confronted with a number of applications for international disproportionate number of applications for protection for which it is responsible under international protection for which it is this Regulation. responsible under this Regulation.

Or. en

Justification

The allocation of refugees needs to be done on a voluntary basis, where Member States can instead pledge resources, and/or to take a certain number of refugees based on suggested guidelines.

Amendment 217 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 31 a (new)

PE602.906v01-00 82/138 AM\1122579EN.docx EN Text proposed by the Commission Amendment

(31a) Member States should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. Applicants in vulnerable situations should have their applications and transfer prioritised.

Or. en

Justification

This amendment seeks to ensure consistency of the text and is a consequence of other admissible amendments regarding procedures and relocation.

Amendment 218 Marek Jurek

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

(32) A key based on the size of the deleted population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 150% of the figure identified in the reference key. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.

AM\1122579EN.docx 83/138 PE602.906v01-00 EN Or. pl

Justification

Amendment 219 József Nagy, Anna Záborská, Jana Žitňanská, Artis Pabriks, Richard Sulík

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

Or. en

Amendment 220

PE602.906v01-00 84/138 AM\1122579EN.docx EN Artis Pabriks, Tomáš Zdechovský, Traian Ungureanu, Kinga Gál, Andrea Bocskor, Pál Csáky, Brice Hortefeux, Petri Sarvamaa, Roberts Zīle, Jussi Halla-aho, Anders Primdahl Vistisen, Anna Záborská

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

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 221

AM\1122579EN.docx 85/138 PE602.906v01-00 EN Kristina Winberg, Beatrix von Storch

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

Or. en

Amendment 222 Sergei Stanishev

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

PE602.906v01-00 86/138 AM\1122579EN.docx EN means of assisting Member States under means of assisting Member States under disproportionate pressure. The application disproportionate pressure. The reference of the corrective allocation for the benefit key should be corrected by reducing the of a Member State should be triggered share for the following year by 20% of the automatically where the number of difference between the share based on applications for international protection for GDP and population and the average which a Member State is responsible number of irregular arrivals recorded by exceeds 150% of the figure identified in the Member State over the last three the reference key. In order to years, for countries which in the last three comprehensively reflect the efforts of each years have received an average share of Member State, the number of persons irregular arrivals higher than the effectively resettled to that Member State determined based on size of population should be added to the number of and the economy of the Member States. applications for international protection for The application of the corrective allocation the purposes of this calculation. for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 100% of the figure identified in the reference key. The corrective allocation should cease to apply when the number of applicants for which a Member State is responsible drops below 75% of the figure identified in the reference key. Member States located at external land or sea borders on the Western Mediterranean, Central Mediterranean and Eastern Mediterranean routes should be exempted from obligations of taking responsibility for allocated applications under the corrective mechanism from any other Member State. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.

Or. en

Justification

The application of the corrective mechanism should be adjusted to account for the additional administrative responsibilities of frontline MSs. Exempting frontline MSs on key migratory routes as identified by Frontex from allocated applications would provide for stronger safeguards against disproportionate pressure. Considering the number of arrivals in relation to the reference key would account for the number of persons already present at the territory of a MS.

AM\1122579EN.docx 87/138 PE602.906v01-00 EN Amendment 223 Filiz Hyusmenova

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

(32) A key based on the size of the (32) A reference key based on the size population and of the economy of the of the population and of the economy of Member States should be applied as a point the Member States, taking also into of reference in the operation of the account the first-entry position of the corrective allocation mechanism in frontline Member States, should be conjunction with a threshold, so as to applied as a point of reference in the enable the mechanism to function as a operation of the corrective allocation means of assisting Member States under mechanism in conjunction with a disproportionate pressure. The application threshold, so as to enable the mechanism to of the corrective allocation for the benefit function as a means of assisting Member of a Member State should be triggered States under disproportionate pressure. The automatically where the number of application of the corrective allocation for applications for international protection for the benefit of a Member State should be which a Member State is responsible triggered automatically where the number exceeds 150% of the figure identified in of applications for international protection the reference key. In order to for which a Member State is responsible comprehensively reflect the efforts of each exceeds 85% of the figure identified in the Member State, the number of persons reference key. The corrective allocation effectively resettled to that Member State should apply until the number of should be added to the number of applicants registered drops below 65% of applications for international protection for the figure identified in the reference key. In the purposes of this calculation. order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.

Or. en

Justification

The geographical position of frontline Member States should also be kept in mind when calculating the reference key-naturally, the biggest portion of asylum seekers will enter through a few Member States; while the other Member States will know what numbers to expect based on the information from the frontline Members, the first countries of entry will often be in the dark regarding the upcoming numbers they will have to register, so an additional marge should be provided for them to react in cases of sudden influx. Reacting

PE602.906v01-00 88/138 AM\1122579EN.docx EN only after 150% of the reference key is reached is too late. By then, the asylum system of the Member State in question would be already collapsing, triggering negative consequences for the entire European asylum system. Such collapse should be avoided in a proactive way, the corrective allocation should serve as prevention, not post factum as damage control measure.

Amendment 224 Elissavet Vozemberg-Vrionidi

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

(32) A key based on the size of the (32) A reference key based on the size population and of the economy of the of the population and of the economy of Member States should be applied as a point the Member States should be applied as a of reference in the operation of the point of reference in the operation of the corrective allocation mechanism in corrective allocation mechanism in conjunction with a threshold, so as to conjunction with a threshold, so as to enable the mechanism to function as a enable the mechanism to function as a means of assisting Member States under means of assisting Member States under disproportionate pressure. The application disproportionate pressure. The application of the corrective allocation for the benefit of the corrective allocation for the benefit of a Member State should be triggered of a Member State should be triggered automatically where the number of automatically where the number of applications for international protection for applications for international protection for which a Member State is responsible which a Member State is responsible exceeds 150% of the figure identified in exceeds 80% of the figure identified in the the reference key. In order to reference key. The corrective allocation comprehensively reflect the efforts of each should cease to apply when the number of Member State, the number of persons applicants for which a Member State is effectively resettled to that Member State responsible drops below 75% of the figure should be added to the number of identified in the reference key. In order to applications for international protection for comprehensively reflect the efforts of each the purposes of this calculation. Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.

Or. en

Justification

The asylum services of the MSs of entry would be under enormous pressure or could eventually collapse if they should deal with requests that would continuously exceed these MSs’ capacities. If the purpose of the allocation mechanism is indeed to be a 'corrective' one

AM\1122579EN.docx 89/138 PE602.906v01-00 EN it would make no sense to be triggered only once a MS is over its capacity. A fair distribution would mean that the mechanism is triggered in a way that it would guarantee a share of responsibility. The percentage of 80% already shows that a MS would be alleviated by the time that it shall have already reached a high percentage of its share of responsibility while at the same time other MSs

Amendment 225 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

(32) A key based on the size of the (32) A key based on the size of the population and of the economy of the population and of the economy of the Member States should be applied as a point Member States should be applied as a point of reference in the operation of the of reference in the operation of the corrective allocation mechanism in corrective mechanism, so as to enable the conjunction with a threshold, so as to mechanism to function as a means of enable the mechanism to function as a solidarity. The application of the corrective means of assisting Member States under mechanism should be triggered where the disproportionate pressure. The application Member State responsible could not be of the corrective allocation for the benefit determined under Chapter III of this of a Member State should be triggered Regulation. In order to comprehensively automatically where the number of reflect the efforts of each Member State, applications for international protection the number of persons effectively resettled for which a Member State is responsible to that Member State should be added to exceeds 150% of the figure identified in the number of applications for international the reference key. In order to protection for the purposes of this comprehensively reflect the efforts of each calculation. Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.

Or. en

Amendment 226 Alessandra Mussolini, Salvatore Domenico Pogliese, Carlos Coelho, Barbara Matera

Proposal for a regulation Recital 32

PE602.906v01-00 90/138 AM\1122579EN.docx EN Text proposed by the Commission Amendment

(32) A key based on the size of the (32) A key based on the size of the population and of the economy of the population and of the economy of the Member States should be applied as a point Member States, on their level of of reference in the operation of the unemployment, on their expenditure corrective allocation mechanism in linked to migration and on the number of conjunction with a threshold, so as to beneficiaries of international protection enable the mechanism to function as a who are in their territory should be means of assisting Member States under applied as a point of reference in the disproportionate pressure. The application operation of the corrective allocation of the corrective allocation for the benefit mechanism in conjunction with a of a Member State should be triggered threshold, so as to enable the mechanism to automatically where the number of function as a means of assisting Member applications for international protection for States under disproportionate pressure. The which a Member State is responsible application of the corrective allocation for exceeds 150% of the figure identified in the benefit of a Member State should be the reference key. In order to triggered automatically where the number comprehensively reflect the efforts of each of applications for international protection Member State, the number of persons for which a Member State is responsible effectively resettled to that Member State exceeds 100% of the figure identified in should be added to the number of the reference key. In order to applications for international protection for comprehensively reflect the efforts of each the purposes of this calculation. Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.

Or. en

Justification

For the purpose of the corrective allocation mechanism, the reference number for each Member State should be determined by a key which is based not only on the size of its population and of its economy, but also on its unemployment rate, on the expenses that the Member State has already faced for the management of migration, and on the number of beneficiaries of international protection who are present in its territory. This proposal aims at creating the condition for a fairer system which takes into account the particularities of all Member States.

Amendment 227 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Tiziana Beghin, David Borrelli, Rosa D'Amato, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea

AM\1122579EN.docx 91/138 PE602.906v01-00 EN Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

(32) A key based on the size of the (32) A key based on the size of the population and of the economy of the population, on the economy of the Member Member States should be applied as a point States, including their growth and of reference in the operation of the employment rates, should be applied as a corrective allocation mechanism in point of reference in the operation of the conjunction with a threshold, so as to corrective allocation mechanism so as to enable the mechanism to function as a enable the mechanism to function as a means of assisting Member States under means of assisting Member States most disproportionate pressure. The application exposed to migration flows. The of the corrective allocation for the benefit application of the corrective allocation for of a Member State should be triggered the benefit of a Member State should be automatically where the number of triggered automatically and in a way that applications for international protection is binding on all the Member States. In for which a Member State is responsible order to comprehensively reflect the efforts exceeds 150% of the figure identified in of each Member State, the number of the reference key. In order to persons effectively resettled to that comprehensively reflect the efforts of each Member State should be added to the Member State, the number of persons number of applications for international effectively resettled to that Member State protection for the purposes of this should be added to the number of calculation. applications for international protection for the purposes of this calculation.

Or. it

Amendment 228 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

PE602.906v01-00 92/138 AM\1122579EN.docx EN disproportionate pressure. The application disproportionate pressure. The application of the corrective allocation for the benefit of the corrective allocation for the benefit of a Member State should be triggered of a Member State should be triggered automatically where the number of automatically where the number of applications for international protection for applications for international protection for which a Member State is responsible which a Member State is responsible exceeds 150% of the figure identified in exceeds 80% of the figure identified in the the reference key. In order to reference key. In order to comprehensively comprehensively reflect the efforts of each reflect the efforts of each Member State, Member State, the number of persons the number of persons effectively resettled effectively resettled to that Member State to that Member State should be added to should be added to the number of the number of applications for international applications for international protection for protection for the purposes of this the purposes of this calculation. calculation.

Or. en

Amendment 229 Mariya Gabriel, Emil Radev

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

(32) A key based on the size of the (32) A key based on the size of the population and of the economy of the population and of the economy of the Member States should be applied as a point Member States should be applied as a point of reference in the operation of the of reference in the operation of the corrective allocation mechanism in corrective allocation mechanism in conjunction with a threshold, so as to conjunction with a threshold, so as to enable the mechanism to function as a enable the mechanism to function as a means of assisting Member States under means of assisting Member States under disproportionate pressure. The application disproportionate pressure. The application of the corrective allocation for the benefit of the corrective allocation for the benefit of a Member State should be triggered of a Member State should be triggered automatically where the number of automatically where the number of applications for international protection for applications for international protection for which a Member State is responsible which a Member State is responsible exceeds 150% of the figure identified in exceeds 75% of the figure identified in the the reference key. In order to reference key. In order to comprehensively comprehensively reflect the efforts of each reflect the efforts of each Member State, Member State, the number of persons the number of persons effectively resettled effectively resettled to that Member State to that Member State should be added to should be added to the number of the number of applications for international applications for international protection for protection for the purposes of this the purposes of this calculation. calculation.

AM\1122579EN.docx 93/138 PE602.906v01-00 EN Or. en

Amendment 230 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Miriam Dalli, Péter Niedermüller, Dietmar Köster, Birgit Sippel

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

(32) A key based on the size of the (32) A key based on the size of the population and of the economy of the population and of the economy of the Member States should be applied as a point Member States should be applied as a point of reference in the operation of the of reference in the operation of the corrective allocation mechanism in allocation mechanism, in order to conjunction with a threshold, so as to implement the principles of solidarity and enable the mechanism to function as a fair sharing of responsibility on asylum means of assisting Member States under among Member States enshrined in disproportionate pressure. The application Article 80 TFEU. The application of the of the corrective allocation for the benefit allocation mechanism should be of a Member State should be triggered permanent and automatic, whenever a automatically where the number of Member State responsible could not be applications for international protection determined according to the criteria set for which a Member State is responsible out in Chapter III and IV of this exceeds 150% of the figure identified in Regulation. In order to comprehensively the reference key. In order to reflect the efforts of each Member State, comprehensively reflect the efforts of each the number of persons effectively resettled Member State, the number of persons to that Member State should be added to effectively resettled to that Member State the number of applications for international should be added to the number of protection for which the Member State is applications for international protection for responsible, for the purposes of this the purposes of this calculation. calculation.

Or. en

Amendment 231 Jeroen Lenaers

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

PE602.906v01-00 94/138 AM\1122579EN.docx EN (32) A key based on the size of the (32) A key based on the size of the population and of the economy of the population and of the economy of the Member States should be applied as a point Member States should be applied as a point of reference in the operation of the of reference in the operation of the corrective allocation mechanism in corrective allocation mechanism in conjunction with a threshold, so as to conjunction with a threshold, so as to enable the mechanism to function as a enable the mechanism to function as a means of assisting Member States under means of assisting Member States under disproportionate pressure. The application disproportionate pressure. The application of the corrective allocation for the benefit of the corrective allocation for the benefit of a Member State should be triggered of a Member State should be triggered automatically where the number of automatically where the number of applications for international protection for applications for international protection for which a Member State is responsible which a Member State is responsible exceeds 150% of the figure identified in exceeds 150% of the figure identified in the reference key. In order to the reference key. In order to comprehensively reflect the efforts of each comprehensively reflect the efforts of each Member State, the number of persons Member State, the number of persons effectively resettled to that Member State effectively resettled to that Member State should be added to the number of should be deducted from the number of applications for international protection applications for which a Member State is for the purposes of this calculation. responsible.

Or. en

Amendment 232 Alessandra Mussolini, Salvatore Domenico Pogliese, Carlos Coelho, Barbara Matera

Proposal for a regulation Recital 32 a (new)

Text proposed by the Commission Amendment

(32a) In order to ensure that Member States that have not in recent years been among the main destination countries for applicants for international protection have sufficient time to build up their reception capacity, the corrective allocation mechanism should enable a gradual transition from the current situation to a situation with a more fair distribution of responsibilities under the corrective allocation mechanism. The transitional system should create a baseline key based on the average relative numbers of historically lodged

AM\1122579EN.docx 95/138 PE602.906v01-00 EN applications for international protection in Member States and then transition from this "status quo" model towards a fair distribution by calculating the reference number for each Member State during the transitional period on the basis of a combination between the baseline key and the reference key referred to in Article 35.

Or. en

Justification

Member States that do not have as much experience with receiving applicants for international protection should be given the time to gradually build up their reception capacity and administrative systems. This transitional period should last for three year. During this period the reference number for each Member State should be the result of the combination between a baseline key, based on the average relative numbers of historically lodged applications for international protection in Member States, and the reference key referred to in article 35 of this Regulation.

Amendment 233 Artis Pabriks, Tomáš Zdechovský, Traian Ungureanu, Kinga Gál, Andrea Bocskor, Pál Csáky, Brice Hortefeux, Petri Sarvamaa, Roberts Zīle, Jussi Halla-aho, Anders Primdahl Vistisen, Anna Záborská

Proposal for a regulation Recital 33

Text proposed by the Commission Amendment

(33) When the allocation mechanism deleted applies, the applicants who lodged their applications in the benefitting Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation

PE602.906v01-00 96/138 AM\1122579EN.docx EN should determine the Member State responsible, and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members, determine that a different Member State should be responsible.

Or. en

Justification

Amendment 234 Petr Ježek

Proposal for a regulation Recital 33

Text proposed by the Commission Amendment

(33) When the allocation mechanism (33) Appropriate rules should be applies, the applicants who lodged their provided for in cases where an applicant applications in the benefitting Member may for serious reasons be considered a State should be allocated to Member danger to national security or public order, States which are below their share of especially rules as regards the exchange of applications on the basis of the reference information between competent asylum key as applied to those Member States. authorities of Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should determine the Member State responsible,

AM\1122579EN.docx 97/138 PE602.906v01-00 EN and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members, determine that a different Member State should be responsible.

Or. en

Amendment 235 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 33

Text proposed by the Commission Amendment

(33) When the allocation mechanism (33) When the corrective mechanism applies, the applicants who lodged their applies, the applicants who lodged their applications in the benefitting Member applications in the benefitting Member State should be allocated to Member States State should be given the choice between which are below their share of applications the different Member States which are on the basis of the reference key as applied below their share of applications on the to those Member States. Appropriate rules basis of the reference key as applied to should be provided for in cases where an those Member States. After the transfer, applicant may for serious reasons be the Member State of allocation should considered a danger to national security become responsible for examining the or public order, especially rules as regards application, unless the overriding the exchange of information between responsible criteria listed under Chapter competent asylum authorities of Member III determine that a different Member State States. After the transfer, the Member State should have been responsible. of allocation should determine the Member State responsible, and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members, determine that a different Member State should be responsible.

Or. en

Amendment 236

PE602.906v01-00 98/138 AM\1122579EN.docx EN Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Rosa D'Amato, Marco Zullo, Marco Valli, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea, Tiziana Beghin, David Borrelli

Proposal for a regulation Recital 33

Text proposed by the Commission Amendment

(33) When the allocation mechanism (33) In applying the allocation applies, the applicants who lodged their mechanism, the applicants who lodged applications in the benefitting Member their applications in the benefitting State should be allocated to Member States Member State should be allocated to which are below their share of applications Member States which are below their share on the basis of the reference key as applied of applications on the basis of the reference to those Member States. Appropriate rules key as applied to those Member States. should be provided for in cases where an Appropriate rules should be provided for in applicant may for serious reasons be cases where an applicant may for serious considered a danger to national security or reasons be considered a danger to national public order, especially rules as regards the security or public order, especially rules as exchange of information between regards the exchange of information competent asylum authorities of Member between competent asylum authorities of States. After the transfer, the Member State Member States. After the transfer, the of allocation should determine the Member Member State of allocation should State responsible, and should become determine the Member State responsible, responsible for examining the application, and should become responsible for unless the overriding responsible criteria, examining the application. related in particular to the presence of family members, determine that a different Member State should be responsible.

Or. it

Amendment 237 Jean Lambert, Judith Sargentini, Ska Keller on behalf of the Verts/ALE Group

Proposal for a regulation Recital 33

Text proposed by the Commission Amendment

AM\1122579EN.docx 99/138 PE602.906v01-00 EN which are below their share of applications which are below their share of applications on the basis of the reference key as applied on the basis of the reference key as applied to those Member States. Appropriate rules to those Member States. Appropriate rules should be provided for in cases where an should be provided for in cases where an applicant may for serious reasons be applicant may for serious reasons be considered a danger to national security or considered a danger to national security or public order, especially rules as regards the public order, especially rules as regards the exchange of information between exchange of information between competent asylum authorities of Member competent asylum authorities of Member States. After the transfer, the Member State States. After the transfer, the Member State of allocation should determine the Member of allocation should determine the Member State responsible, and should become State responsible, and should become responsible for examining the application, responsible for examining the application, unless the overriding responsible criteria, unless the overriding responsible criteria, related in particular to the presence of related in particular to the presence of family members, determine that a different family members or meaningful links with Member State should be responsible. a Member State, including language skills, education, professional skills or cultural ties, determine that a different Member State should be responsible.

Or. en

Amendment 238 Daniel Dalton, Ryszard Antoni Legutko, Branislav Škripek

Proposal for a regulation Recital 33

Text proposed by the Commission Amendment

(33) When the allocation mechanism (33) When the allocation mechanism applies, the applicants who lodged their applies, the applicants who lodged their applications in the benefitting Member applications in the benefitting Member State should be allocated to Member States State should be allocated to Member States which are below their share of applications which are below their pledged number of on the basis of the reference key as applied applications , based on the guidelines to those Member States. Appropriate rules established by the reference key as applied should be provided for in cases where an to those Member States. Appropriate rules applicant may for serious reasons be should be provided for in cases where an considered a danger to national security or applicant may for serious reasons be public order, especially rules as regards the considered a danger to national security or exchange of information between public order, especially rules as regards the competent asylum authorities of Member exchange of information between States. After the transfer, the Member State competent asylum authorities of Member of allocation should determine the Member States. After the transfer, the Member State State responsible, and should become of allocation should determine the Member

PE602.906v01-00 100/138 AM\1122579EN.docx EN responsible for examining the application, State responsible, and should become unless the overriding responsible criteria, responsible for examining the application, related in particular to the presence of unless the overriding responsible criteria, family members, determine that a different related in particular to the presence of Member State should be responsible. family members, determine that a different Member State should be responsible.

Or. en

Justification

The allocation of refugees needs to be done on a voluntary basis, where Member States can instead pledge resources, and/or to take a certain number of refugees based on suggested guidelines.

Amendment 239 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Péter Niedermüller

Proposal for a regulation Recital 33

Text proposed by the Commission Amendment

(33) When the allocation mechanism (33) When the allocation mechanism applies, the applicants who lodged their applies, the applicants who lodged their applications in the benefitting Member applications in the determining Member State should be allocated to Member States State should be allocated to Member States which are below their share of applications which are below their share of applications on the basis of the reference key as applied on the basis of the reference key as applied to those Member States. Appropriate rules to those Member States. Appropriate rules should be provided for in cases where an should be provided for in cases where an applicant may for serious reasons be applicant may for serious reasons be considered a danger to national security or considered a danger to national security or public order, especially rules as regards the public order, especially rules as regards the exchange of information between exchange of information between competent asylum authorities of Member competent asylum authorities of Member States. After the transfer, the Member State States. After the transfer the Member State of allocation should determine the of allocation should examine the Member State responsible, and should application, unless new elements become responsible for examining the demonstrates that another Member State application, unless the overriding should be responsible according to the responsible criteria, related in particular criteria set out in Chapter III and IV of to the presence of family members, this Regulation, and in particular those determine that a different Member State related to the presence of family members. should be responsible.

AM\1122579EN.docx 101/138 PE602.906v01-00 EN Or. en

Amendment 240 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge, Caterina Chinnici, Péter Niedermüller, Marju Lauristin, Dietmar Köster, Birgit Sippel, Miriam Dalli

Proposal for a regulation Recital 33 a (new)

Text proposed by the Commission Amendment

(33a) Member State should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. With a view to avoid costly and time-consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light family reunification procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria to allow them to be reunited with family members in a particular Member State.

Or. en

Justification

Related with the "light family reunification procedure" under Article 13a. The shadow rapporteur supports the proposal of the rapporteur and believes such a procedure should be always available for the determining Member States dealing with an application, and not only in the cases where the allocation mechanism applies.

Amendment 241 Alessandra Mussolini, Salvatore Domenico Pogliese, Carlos Coelho, Barbara Matera

Proposal for a regulation Recital 33 a (new)

Text proposed by the Commission Amendment

PE602.906v01-00 102/138 AM\1122579EN.docx EN (33a) It would be an asset to ensure that applicants who wish to be transferred together can register and be transferred under the corrective allocation mechanism as a group to one Member State. In order to allow for the smooth and practical application the relocation system should be based on transfer lists of 15 applicants per list.

Or. en

Justification

The transfer of groups of applicants under the corrective allocation mechanism would facilitate their integration in the Member State where they are transferred. The proposal to have transfers lists composed by 15 applicants seems to be a good compromise both for the Member State which benefits from the corrective allocation mechanism and the one which receives the applicants.

Amendment 242 Artis Pabriks, Tomáš Zdechovský, Traian Ungureanu, Kinga Gál, Andrea Bocskor, Pál Csáky, Brice Hortefeux, Petri Sarvamaa, Roberts Zīle, Jussi Halla-aho, Anders Primdahl Vistisen, Anna Záborská

Proposal for a regulation Recital 34

Text proposed by the Commission Amendment

(34) Under the allocation mechanism, deleted the costs of transfer of an applicant to the Member State of allocation should be reimbursed from the EU budget.

Or. en

Justification

AM\1122579EN.docx 103/138 PE602.906v01-00 EN 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 243 Petr Ježek

Proposal for a regulation Recital 34

Text proposed by the Commission Amendment

(34) Under the allocation mechanism, (34) The costs of transfer of an applicant the costs of transfer of an applicant to the from one Member State to another should Member State of allocation should be be reimbursed from the EU budget. reimbursed from the EU budget.

Or. en

Amendment 244 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 34

Text proposed by the Commission Amendment

(34) Under the allocation mechanism, (34) The costs of transfer of an applicant the costs of transfer of an applicant to the to another Member State of allocation Member State of allocation should be should be reimbursed from the EU budget. reimbursed from the EU budget.

Or. en

Amendment 245 Marek Jurek

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

(35) A Member State of allocation may deleted decide not to accept the allocated

PE602.906v01-00 104/138 AM\1122579EN.docx EN applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

Or. pl

Justification

Amendment 246 Maria Grapini, Emilian Pavel

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

(35) A Member State of allocation may deleted decide not to accept the allocated applicants during a twelve-month period, in which case it should enter this

AM\1122579EN.docx 105/138 PE602.906v01-00 EN information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250 000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

Or. ro

Amendment 247 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

PE602.906v01-00 106/138 AM\1122579EN.docx EN to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

Or. en

Amendment 248 Daniel Dalton, Ryszard Antoni Legutko, Branislav Škripek

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

(35) A Member State of allocation may deleted decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial

AM\1122579EN.docx 107/138 PE602.906v01-00 EN solidarity mechanism.

Or. en

Justification

Firstly, attaching a sum of money to a person does not send the right signal about what this crisis is about. You should not put a price on an asylum seeker, much as you shouldn't make it seem that you can buy your way out of your responsibility. Secondly, the distribution of newly arrived asylum seekers should be done on a voluntary basis, not a mandatory one, and therefore there should be no financial penalty.

Amendment 249 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 Recital 35

Text proposed by the Commission Amendment

PE602.906v01-00 108/138 AM\1122579EN.docx EN solidarity mechanism.

Or. en

Justification

Amendment 250 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

AM\1122579EN.docx 109/138 PE602.906v01-00 EN Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

Or. en

Amendment 251 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

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

Or. en

PE602.906v01-00 110/138 AM\1122579EN.docx EN Justification

The shadow rapporteur believes there should not be a way to buy out of the allocation mechanism, as it would violate the principles of solidarity and fair sharing of responsibility enshrined in Article 80 TFEU.

Amendment 252 Gérard Deprez

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

(35) A Member State of allocation may (35) A Member State may, at the end of decide not to accept the allocated each twelve-month period, decide either it applicants during a twelve months-period, will take part in the corrective allocation in which case it should enter this mechanism, either it will temporarily opt information in the automated system and for a solidarity financial contribution. If a notify the other Member States, the Member State opts for the second option, Commission and the European Union it has to pay, into a fund (the "Dublin Agency for Asylum. Thereafter the Reserve Fund") to be established, per applicants that would have been allocated each applicant who would have been to that Member State should be allocated allocated to it, the first and the second to the other Member States instead. The years EUR 50 000, the third and the Member State which temporarily does not fourth years EUR 75 000, the fifth and the take part in the corrective allocation following years EUR 100 000. The should make a solidarity contribution of funding under this 'Dublin reserve' is EUR 250,000 per applicant not accepted intended to cover the granting of a lump to the Member State that was determined sum per asylum seeker, distributed as responsible for examining those proportionally between the Member States applications. The Commission should lay that participate in the corrective down the practical modalities for the allocation mechanism. If a Member State implementation of the solidarity fails to pay, the Commission shall contribution mechanism in an withhold the same amount from the implementing act. The European Union payments due to that Member State from Agency for Asylum will monitor and other Union funds. report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

Or. en

Amendment 253 Kristina Winberg, Beatrix von Storch

AM\1122579EN.docx 111/138 PE602.906v01-00 EN Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

(35) A Member State of allocation may (35) A Member State of allocation may decide not to accept the allocated decide not to accept the allocated applicants during a twelve months-period, applicants. in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

Or. en

Amendment 254 Raymond Finch, Beatrix von Storch

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

PE602.906v01-00 112/138 AM\1122579EN.docx EN information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

Or. en

Amendment 255 Petr Ježek

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

AM\1122579EN.docx 113/138 PE602.906v01-00 EN EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

Or. en

Justification

There should be no financial penalty for member states which decide not to accept allocated applicants

Amendment 256 Tomáš Zdechovský, József Nagy, Artis Pabriks, Pál Csáky, Kinga Gál, Andrea Bocskor, Pavel Poc, Jan Keller, Monika Smolková, Vladimír Maňka, Olga Sehnalová, Miroslav Poche

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

PE602.906v01-00 114/138 AM\1122579EN.docx EN applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

Or. en

Justification

There should not be any kind of financial compensation paid by a Member State that does not take the applicants.

Amendment 257 Emil Radev, Mariya Gabriel

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

(35) A Member State of allocation may (35) In cases where there is an decide not to accept the allocated immediate threat to national security, a applicants during a twelve months-period, Member State of allocation may decide not in which case it should enter this to accept the allocated applicants during a information in the automated system and twelve months-period, in which case it notify the other Member States, the should enter this information in the Commission and the European Union automated system and notify the other Agency for Asylum. Thereafter the Member States, the Commission and the applicants that would have been allocated European Union Agency for Asylum. to that Member State should be allocated to Thereafter the applicants that would have the other Member States instead. The been allocated to that Member State should Member State which temporarily does not be allocated to the other Member States take part in the corrective allocation instead. The European Union Agency for should make a solidarity contribution of Asylum will monitor and report to the EUR 250,000 per applicant not accepted Commission on a yearly basis on such opt- to the Member State that was determined outs from the corrective allocation as responsible for examining those mechanism. applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union

AM\1122579EN.docx 115/138 PE602.906v01-00 EN Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

Or. en

Amendment 258 Jeroen Lenaers

Proposal for a regulation Recital 35

Text proposed by the Commission Amendment

(35) A Member State of allocation may (35) A Member State of allocation may decide not to accept the allocated decide not to accept the allocated applicants during a twelve months-period, applicants during a twelve months-period, in which case it should enter this in which case it should enter this information in the automated system and information in the automated system and notify the other Member States, the notify the other Member States, the Commission and the European Union Commission and the European Union Agency for Asylum. Thereafter the Agency for Asylum. Thereafter the applicants that would have been allocated applicants that would have been allocated to that Member State should be allocated to to that Member State should be allocated to the other Member States instead. The the other Member States instead. The Member State which temporarily does not Member State which temporarily does not take part in the corrective allocation should take part in the corrective allocation should make a solidarity contribution of EUR make a solidarity contribution of EUR 250,000 per applicant not accepted to the 250,000 per applicant not accepted to the Member State that was determined as Member State that was determined as responsible for examining those responsible for examining those applications. The Commission should lay applications. In case of non-payment of down the practical modalities for the solidarity contributions, as a measure of implementation of the solidarity last contribution mechanism in an resort, the Commission shall deduct the implementing act. The European Union amount due from European funds to Agency for Asylum will monitor and which the Member State in question is report to the Commission on a yearly basis entitled. The Commission should lay down on the application of the financial the practical modalities for the solidarity mechanism. implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

PE602.906v01-00 116/138 AM\1122579EN.docx EN Or. en

Amendment 259 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 36

Text proposed by the Commission Amendment

(36) In accordance with Commission deleted Regulation (EC) No 1560/200322 , transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the applicant and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds. ______22 OJ L 222, 5.9.2003, p. 3.

Or. en

Justification

This amendment seeks to ensure consistency of the text following my amendments on Chapter VII.

Amendment 260 Alessandra Mussolini, Salvatore Domenico Pogliese, Carlos Coelho, Barbara Matera, Elissavet Vozemberg-Vrionidi

Proposal for a regulation Recital 36

AM\1122579EN.docx 117/138 PE602.906v01-00 EN Text proposed by the Commission Amendment

(36) In accordance with Commission (36) In accordance with Commission Regulation (EC) No 1560/200322 , transfers Regulation (EC) No 1560/200322 , transfers to the Member State responsible for to the Member State responsible for examining an application for international examining an application for international protection may be carried out on a protection may be carried out on a voluntary basis, by supervised departure or voluntary basis, by supervised departure or under escort. Member States should under escort. Member States should promote voluntary transfers by providing promote voluntary transfers by providing adequate information to the applicant and adequate information to the applicant and should ensure that supervised or escorted should ensure that supervised or escorted transfers are undertaken in a humane transfers are undertaken in a humane manner, in full compliance with manner, in full compliance with fundamental rights and respect for human fundamental rights and respect for human dignity, as well as the best interests of the dignity, as well as the best interests of the child and taking utmost account of child and taking utmost account of developments in the relevant case law, in developments in the relevant case law, in particular as regards transfers on particular as regards transfers on humanitarian grounds. humanitarian grounds. The European Union Agency for Asylum should play a key role in guaranteeing that transfers are duly carried out, especially when they are on a voluntary basis. ______22 OJ L 222, 5.9.2003, p. 3. 22 OJ L 222, 5.9.2003, p. 3.

Or. en

Justification

All the necessary actions to make transfers successful should be carried out. The European Union Agency for Asylum should play a key role in assisting the national relevant authorities to achieve this aim.

Amendment 261 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 37

Text proposed by the Commission Amendment

(37) The progressive creation of an deleted area without internal frontiers in which

PE602.906v01-00 118/138 AM\1122579EN.docx EN free movement of persons is guaranteed in accordance with the TFEU and the establishment of Union policies regarding the conditions of entry and stay of third- country nationals, including common efforts towards the management of external borders, makes it necessary to strike a balance between responsibility criteria in a spirit of solidarity.

Or. en

Justification

This amendment is necessary to ensure consistency of the text with regard to my amendments on the relation of solidarity within the meaning of Article 80 TFEU, and the management of external borders.

Amendment 262 Lorenzo Fontana

Proposal for a regulation Recital 37

Text proposed by the Commission Amendment

(37) The progressive creation of an area (37) The creation of an area without without internal frontiers in which free internal frontiers but without adequate and movement of persons is guaranteed in serious checks at external borders has accordance with the TFEU and the caused the enormous inconveniences establishment of Union policies regarding which we are currently living with in the conditions of entry and stay of third- Europe. country nationals, including common efforts towards the management of external borders, makes it necessary to strike a balance between responsibility criteria in a spirit of solidarity.

Or. it

Justification

Taking responsibility unavoidably also involves criticising ourselves for the way that the situation is currently being managed. Linked to the amendment of recital 31.

Amendment 263

AM\1122579EN.docx 119/138 PE602.906v01-00 EN Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Recital 38

Text proposed by the Commission Amendment

(38) The [General Data Protection (38) The [General Data Protection Regulation (EU) .../2016] applies to the Regulation (EU) .../2016] applies to the processing of personal data by the Member processing of personal data by the Member States under this Regulation from the date States under this Regulation from the date set out in that Regulation; until this date set out in that Regulation; until this date Directive 95/46/EC applies. Member States Directive 95/46/EC applies. Member States should implement appropriate technical should implement appropriate technical and organisational measures to ensure and and organisational measures to ensure and be able to demonstrate that processing is be able to demonstrate that processing is performed in accordance with that performed in accordance with that Regulation and the provisions specifying Regulation and the provisions specifying its requirements in this Regulation. In its requirements in this Regulation. In particular those measures should ensure the particular those measures should ensure the security of personal data processed under security of personal data processed under this Regulation and in particular to prevent this Regulation and in particular to prevent unlawful or unauthorised access or unlawful or unauthorised access or disclosure, alteration or loss of personal disclosure, alteration or loss of personal data processed. The competent supervisory data processed. In particular, data subjects authority or authorities of each Member should be notified without undue delay State should monitor the lawfulness of the when a security incident is likely to result processing of personal data by the in a high risk to their rights and freedoms. authorities concerned, including of the The competent supervisory authority or transmission to and from the automated authorities of each Member State should system and to the authorities competent for monitor the lawfulness of the processing of carrying out security checks. personal data by the authorities concerned, including of the transmission to and from the automated system and to the authorities competent for carrying out security checks.

Or. en

Amendment 264 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 Recital 38

PE602.906v01-00 120/138 AM\1122579EN.docx EN Text proposed by the Commission Amendment

(38) The [General Data Protection (38) The [General Data Protection Regulation (EU) .../2016] applies to the Regulation (EU) .../2016] applies to the processing of personal data by the Member processing of personal data by the Member States under this Regulation from the date States under this Regulation from the date set out in that Regulation; until this date set out in that Regulation; until this date Directive 95/46/EC applies. Member States Directive 95/46/EC applies. Member States should implement appropriate technical should implement appropriate technical and organisational measures to ensure and and organisational measures to ensure and be able to demonstrate that processing is be able to demonstrate that processing is performed in accordance with that performed in accordance with that Regulation and the provisions specifying Regulation and the provisions specifying its requirements in this Regulation. In its requirements in this Regulation. In particular those measures should ensure the particular those measures should ensure the security of personal data processed under security of personal data processed under this Regulation and in particular to prevent this Regulation and in particular to prevent unlawful or unauthorised access or unlawful or unauthorised access or disclosure, alteration or loss of personal disclosure, alteration or loss of personal data processed. The competent supervisory data processed. The competent supervisory authority or authorities of each Member authority or authorities of each Member State should monitor the lawfulness of the State should monitor the lawfulness of the processing of personal data by the processing of personal data by the authorities concerned, including of the authorities concerned, including of the transmission to and from the automated transmission to and from the system and to system and to the authorities competent for the authorities competent for carrying out carrying out security checks. security checks.

Or. en

Justification

In line with the deletion of Chapter VII.

Amendment 265 Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group

Proposal for a regulation Recital 38 a (new)

Text proposed by the Commission Amendment

(38a) Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on

AM\1122579EN.docx 121/138 PE602.906v01-00 EN the free movement of such data applies to the processing of personal data by the European Union Agency for Asylum.

Or. en

Justification

This amendment is inextricably linked to other admissible amendments in recital 38, which states that the GDPR applies to data processed by Member States. However, nowhere in the proposal is it stated that Regulation 45/2001 applies to the processing of personal data by the EUAA. Recital 39 only mentions Regulation 45/2001 in the context of EDPS monitoring.

Amendment 266 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 40

Text proposed by the Commission Amendment

(40) The application of this Regulation (40) The application of this Regulation can be facilitated, and its effectiveness can be facilitated, and its effectiveness increased, by bilateral arrangements increased, by the support of the European between Member States for improving Agency for Asylum as well as bilateral communication between competent arrangements between Member States for departments, reducing time limits for improving communication between procedures or simplifying the processing of competent departments, reducing time requests to take charge or take back, or limits for procedures or simplifying the establishing procedures for the processing of requests, or establishing performance of transfers. procedures for the performance of transfers.

Or. en

Justification

This amendments is inextricably linked to my amendments to Chapter VII.

Amendment 267 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 41

PE602.906v01-00 122/138 AM\1122579EN.docx EN Text proposed by the Commission Amendment

(41) Continuity between the system for deleted determining the Member State responsible established by Regulation (EU) No 604/2013 and the system established by this Regulation should be ensured. Similarly, consistency should be ensured between this Regulation and Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013 of the European Parliament and of the Council] .

Or. en

Justification

To ensure consistency of the text following my amendments to Chapter VII, this recital must be deleted.

Amendment 268 Mariya Gabriel, Emil Radev, Artis Pabriks

Proposal for a regulation Recital 42

Text proposed by the Commission Amendment

(42) A network of competent Member (42) A network of competent Member State authorities should be set up and State authorities should be set up and facilitated by the European Union Agency facilitated by the European Union Agency for Asylum to enhance practical for Asylum to enhance practical cooperation and information sharing on all cooperation and information sharing on all matters related to the application of this matters related to the application of this Regulation, including the development of Regulation, including the development of practical tools and guidance. practical tools and guidance. That network should promote the exchange of best practices concerning the examination of an asylum application by the competent authorities of Member States under this Regulation and initiate the training of the employees of those authorities.

Or. en

AM\1122579EN.docx 123/138 PE602.906v01-00 EN Amendment 269 Mariya Gabriel, Emil Radev

Proposal for a regulation Recital 44 a (new)

Text proposed by the Commission Amendment

(44a) The operation of the Entry/Exit System (EES), as established by Regulation (EU) ..../... of the European Parliament and of the Council1a , should facilitate the application of this Regulation. ______1a Regulation (EU) ..../... of the European Parliament and of the Council of ... establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011.

Or. en

Amendment 270 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

Proposal for a regulation Recital 47

Text proposed by the Commission Amendment

(47) The examination procedure should (47) The examination procedure should be used for the adoption of a common be used for the adoption of a common leaflet on Dublin/Eurodac, as well as a leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors; specific leaflet for unaccompanied minors; of a standard form for the exchange of a standard form for the exchange of

PE602.906v01-00 124/138 AM\1122579EN.docx EN relevant information on unaccompanied relevant information on unaccompanied minors; of uniform conditions for the minors; of the modalities and periodicity consultation and exchange of information for providing applicants with information on minors and dependent persons; of on the status of the procedure; of rules on uniform conditions on the preparation and the qualifications of and training for submission of take charge requests and guardians and the modalities for their take back notifications ; of two lists of engagement with other actors; of uniform relevant elements of proof and conditions for the consultation and circumstantial evidence, and the periodical exchange of information on minors and revision thereof; of a laissez passer; of dependent persons; of standard operating uniform conditions for the consultation and procedures for cross-border cooperation exchange of information regarding among Member States regarding the transfers; of a standard form for the assessment of the best interests of the exchange of data before a transfer; of a child, family tracing and the identification common health certificate; of uniform of family members, siblings, relatives or conditions and practical arrangements for any other family relations of an the exchange of information on a person’s unaccompanied minor and for assessing health data before a transfer, and of secure the capacity of a relative to take care of an electronic transmission channels for the unaccompanied minor; of uniform transmission of requests. conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of rules concerning the modalities for the handover from guardian to guardian in the case of transfers; of uniform conditions and practical arrangements for the exchange of information on a person's health data before a transfer, and of secure electronic transmission channels for the transmission of requests..

Or. en

Justification

This amendment is aimed at ensuring that handover from a guardian to another guardian in case of transfer is conducted properly according to specific rules

Amendment 271

AM\1122579EN.docx 125/138 PE602.906v01-00 EN Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 47

Text proposed by the Commission Amendment

(47) The examination procedure should (47) The examination procedure should be used for the adoption of a common be used for the adoption of a standard form leaflet on Dublin/Eurodac, as well as a for the exchange of relevant information on specific leaflet for unaccompanied unaccompanied minors; of uniform minors; of a standard form for the conditions for the consultation and exchange of relevant information on exchange of information on minors and unaccompanied minors; of uniform dependent persons; of uniform conditions conditions for the consultation and on the preparation and submission of exchange of information on minors and requests and notifications ; of two lists of dependent persons; of uniform conditions relevant elements of proof and on the preparation and submission of take circumstantial evidence, and the periodical charge requests and take back notifications revision thereof; of a laissez passer; of ; of two lists of relevant elements of proof uniform conditions for the consultation and and circumstantial evidence, and the exchange of information regarding periodical revision thereof; of a laissez transfers; of a standard form for the passer; of uniform conditions for the exchange of data before a transfer; of a consultation and exchange of information common health certificate; of uniform regarding transfers; of a standard form for conditions and practical arrangements for the exchange of data before a transfer; of a the exchange of information on a person’s common health certificate; of uniform health data before a transfer, and of secure conditions and practical arrangements for electronic transmission channels for the the exchange of information on a person’s transmission of requests. health data before a transfer, and of secure electronic transmission channels for the transmission of requests.

Or. en

Justification

This amendments is inextricably linked to my amendments to Chapter VII.

Amendment 272 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Ana Gomes, Cécile Kashetu Kyenge

Proposal for a regulation Recital 47

PE602.906v01-00 126/138 AM\1122579EN.docx EN Text proposed by the Commission Amendment

(47) The examination procedure should (47) The examination procedure should be used for the adoption of a common be used for the adoption of a standard form leaflet on Dublin/Eurodac, as well as a for the exchange of relevant information on specific leaflet for unaccompanied unaccompanied minors; of uniform minors; of a standard form for the conditions for the consultation and exchange of relevant information on exchange of information on minors and unaccompanied minors; of uniform dependent persons; of uniform conditions conditions for the consultation and on the preparation and submission of take exchange of information on minors and charge requests and take back notifications dependent persons; of uniform conditions ; of two lists of relevant elements of proof on the preparation and submission of take and circumstantial evidence, and the charge requests and take back notifications periodical revision thereof; of a laissez ; of two lists of relevant elements of proof passer; of uniform conditions for the and circumstantial evidence, and the consultation and exchange of information periodical revision thereof; of a laissez regarding transfers; of a standard form for passer; of uniform conditions for the the exchange of data before a transfer; of a consultation and exchange of information common health certificate; of a common regarding transfers; of a standard form for vulnerability certificate, including the exchange of data before a transfer; of a relevant information on the follow-up of common health certificate; of uniform cases with traumatic background; of conditions and practical arrangements for uniform conditions and practical the exchange of information on a person’s arrangements for the exchange of health data before a transfer, and of secure information on a person’s health data electronic transmission channels for the before a transfer, and of secure electronic transmission of requests. transmission channels for the transmission of requests.

Or. en

Justification

The shadow rapporteur suggests to align the text with the modifications proposed to Article 6(3), which aim at giving to the European Asylum Agency responsibility on developing common information material.

Amendment 273 Jean Lambert, Ska Keller, Judith Sargentini, Bodil Valero on behalf of the Verts/ALE Group

Proposal for a regulation Recital 48

Text proposed by the Commission Amendment

(48) In order to provide for (48) In order to provide for

AM\1122579EN.docx 127/138 PE602.906v01-00 EN supplementary rules, the power to adopt supplementary rules, the power to adopt acts in accordance with Article 290 of the acts in accordance with Article 290 of the Treaty on the Functioning of the European Treaty on the Functioning of the European Union should be delegated to the Union should be delegated to the Commission in respect of the identification Commission in respect of the identification of family members or relatives of an of family members, relatives or any other unaccompanied minor; the criteria for family relations of an unaccompanied establishing the existence of proven family minor; the criteria for establishing the links; the criteria for assessing the capacity existence of proven family links; the of a relative to take care of an criteria for assessing the capacity of a unaccompanied minor, including where relative to take care of an unaccompanied family members, siblings or relatives of the minor, including where family members, unaccompanied minor stay in more than siblings or relatives of the unaccompanied one Member State; the elements for minor stay in more than one Member State; assessing a dependency link; the criteria the elements for assessing a dependency for assessing the capacity of a person to link; the elements for assessing a private take care of a dependent person and the sponsorship; the criteria for assessing the elements to be taken into account in order capacity of a person to take care of a to assess the inability to travel for a dependent person; the criteria for significant period of time. In exercising its assessing the existence of meaningful powers to adopt delegated acts, the links to a certain Member State, including Commission shall not exceed the scope of language skills, education, professional the best interests of the child as provided skills or cultural ties; standard operating for under Article 8 of this Regulation. It is protocols for the determination of the best of particular importance that the interests of a child and the elements to be Commission carry out appropriate taken into account in order to assess the consultations during its preparatory work, inability to travel for a significant period of including at expert level and that those time. In exercising its powers to adopt consultations be conducted in accordance delegated acts, the Commission shall not with the principles laid down in the exceed the scope of the best interests of the Interinstitutional Agreement on Better child as provided for under Article 8 of this Law-Making of 13 April 2016 . In Regulation. It is of particular importance particular, to ensure equal participation in that the Commission carry out appropriate the preparation of delegated acts, the consultations during its preparatory work, European Parliament and Council receive including at expert level and that those all documents at the same time as Member consultations be conducted in accordance States' experts, and their experts with the principles laid down in the systematically have access to meetings of Interinstitutional Agreement on Better Commission expert groups dealing with the Law-Making of 13 April 2016 . In preparation of delegated acts. . particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. .

Or. en

PE602.906v01-00 128/138 AM\1122579EN.docx EN Justification

This amendment is needed to maintain the logic of the text as it should serve to ensure the applicant's right to family and private life and 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 ensuring that the internal logic of the text, aimed at increasing applicants' integration prospects and decreasing "secondary movements" is maintained.

Amendment 274 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 Recital 48

Text proposed by the Commission Amendment

(48) In order to provide for (48) In order to provide for supplementary rules, the power to adopt supplementary rules, the power to adopt acts in accordance with Article 290 of the acts in accordance with Article 290 of the Treaty on the Functioning of the European Treaty on the Functioning of the European Union should be delegated to the Union should be delegated to the Commission in respect of the identification Commission in respect of the periodicity of family members or relatives of an and modalities for providing information unaccompanied minor; the criteria for to applicants on the status of the establishing the existence of proven family procedures under this Regulation links; the criteria for assessing the capacity concerning them, the identification of of a relative to take care of an family members, relatives or any other unaccompanied minor, including where family relations of an unaccompanied family members, siblings or relatives of the minor; the criteria for establishing the unaccompanied minor stay in more than existence of proven family links; the one Member State; the elements for criteria for assessing the capacity of a assessing a dependency link; the criteria relative to take care of an unaccompanied for assessing the capacity of a person to minor, including where family members, take care of a dependent person and the siblings or relatives of the unaccompanied elements to be taken into account in order minor stay in more than one Member State; to assess the inability to travel for a the elements for assessing a dependency significant period of time. In exercising its link; the criteria for assessing the capacity powers to adopt delegated acts, the of a person to take care of a dependent Commission shall not exceed the scope of person; and the elements to be taken into the best interests of the child as provided account in order to assess the inability to for under Article 8 of this Regulation. It is travel for a significant period of time. In

AM\1122579EN.docx 129/138 PE602.906v01-00 EN of particular importance that the exercising its powers to adopt delegated Commission carry out appropriate acts, the Commission shall not exceed the consultations during its preparatory work, scope of the best interests of the child as including at expert level and that those provided for under Article 8 of this consultations be conducted in accordance Regulation. It is of particular importance with the principles laid down in the that the Commission carry out appropriate Interinstitutional Agreement on Better consultations during its preparatory work, Law-Making of 13 April 2016 . In including at expert level and that those particular, to ensure equal participation in consultations be conducted in accordance the preparation of delegated acts, the with the principles laid down in the European Parliament and Council receive Interinstitutional Agreement on Better all documents at the same time as Member Law-Making of 13 April 2016. In States' experts, and their experts particular, to ensure equal participation in systematically have access to meetings of the preparation of delegated acts, the Commission expert groups dealing with the European Parliament and Council receive preparation of delegated acts. . all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Or. en

Justification

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

Amendment 275 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 48

Text proposed by the Commission Amendment

PE602.906v01-00 130/138 AM\1122579EN.docx EN unaccompanied minor, including where family relations of an unaccompanied family members, siblings or relatives of the minor; the criteria for establishing the unaccompanied minor stay in more than existence of proven family links; the one Member State; the elements for criteria for assessing the capacity of a assessing a dependency link; the criteria relative to take care of an unaccompanied for assessing the capacity of a person to minor, including where family members, take care of a dependent person and the siblings or relatives of the unaccompanied elements to be taken into account in order minor stay in more than one Member State; to assess the inability to travel for a the elements for assessing a dependency significant period of time. In exercising its link; the criteria for assessing the capacity powers to adopt delegated acts, the of a person to take care of a dependent Commission shall not exceed the scope of person; standard operating protocols for the best interests of the child as provided transnational cooperation regarding the for under Article 8 of this Regulation. It is best interests of the child assessment and of particular importance that the best interests determination and the Commission carry out appropriate elements to be taken into account in order consultations during its preparatory work, to assess the inability to travel for a including at expert level and that those significant period of time. In exercising its consultations be conducted in accordance powers to adopt delegated acts, the with the principles laid down in the Commission shall not exceed the scope of Interinstitutional Agreement on Better the best interests of the child as provided Law-Making of 13 April 2016 . In for under Article 8 of this Regulation. To particular, to ensure equal participation in ensure equal participation in the the preparation of delegated acts, the preparation of delegated acts, the European European Parliament and Council receive Parliament and Council should receive all all documents at the same time as Member documents at the same time as Member States' experts, and their experts States' experts, and their experts systematically have access to meetings of systematically have access to meetings of Commission expert groups dealing with the Commission expert groups dealing with the preparation of delegated acts. . preparation of delegated acts.

Or. en

Justification

This amendments is inextricably linked to my amendments to Chapter VII.

Amendment 276 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson

Proposal for a regulation Recital 48 a (new)

Text proposed by the Commission Amendment

(48a) In order to provide for supplementary rules, the power to adopt

AM\1122579EN.docx 131/138 PE602.906v01-00 EN acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the identification of family members or relatives of applicants as well as in respect of the definition of eligibility criteria for sponsors.

Or. en

Justification

This amendments is inextricably linked to my amendments to Chapter VII.

Amendment 277 Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson

Proposal for a regulation Recital 49

Text proposed by the Commission Amendment

(49) In the application of this (49) In the application of this Regulation, including the preparation of Regulation, including the preparation of delegated acts, the Commission should delegated acts, the Commission should consult experts from, among others, all consult experts from, among others, all relevant national authorities. relevant national authorities and NGOs.

Or. en

Justification

Given my complete overhaul of the provisions of Chapter VII, and the further changes required by this, in particular as regards the introduction of sponsors, it is no longer sufficient to consult only state actors, but non-state actors should be consulted as well. This is what this amendment seeks to achieve. It is hence required for pressing reasons related to the inner logic of the text.

Amendment 278 Marek Jurek

Proposal for a regulation Recital 52

PE602.906v01-00 132/138 AM\1122579EN.docx EN Text proposed by the Commission Amendment

(52) In order to assess whether the deleted corrective allocation mechanism in this Regulation is meeting the objective of ensuring a fair sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States, the Commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.

Or. pl

Justification

Amendment 279 Artis Pabriks, Tomáš Zdechovský, Traian Ungureanu, Kinga Gál, Andrea Bocskor, Pál Csáky, Brice Hortefeux, Petri Sarvamaa, Roberts Zīle, Jussi Halla-aho, Anders Primdahl Vistisen, Anna Záborská

Proposal for a regulation Recital 52

Text proposed by the Commission Amendment

AM\1122579EN.docx 133/138 PE602.906v01-00 EN Member States, the Commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.

Or. en

Justification

Amendment 280 Beatrix von Storch

Proposal for a regulation Recital 52

Text proposed by the Commission Amendment

PE602.906v01-00 134/138 AM\1122579EN.docx EN and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.

Or. en

Amendment 281 Petr Ježek

Proposal for a regulation Recital 52

Text proposed by the Commission Amendment

Or. en

Amendment 282

AM\1122579EN.docx 135/138 PE602.906v01-00 EN Cornelia Ernst, Barbara Spinelli, Marina Albiol Guzmán, Martina Anderson, Kostas Chrysogonos

Proposal for a regulation Recital 52

Text proposed by the Commission Amendment

(52) In order to assess whether the (52) In order to assess whether this corrective allocation mechanism in this Regulation is meeting the objective of Regulation is meeting the objective of ensuring a fair sharing of responsibility ensuring a fair sharing of responsibility between Member States and of relieving between Member States and of relieving disproportionate pressure on certain disproportionate pressure on certain Member States, the Commission should Member States, the Commission should review the functioning of the review the functioning of the corrective determination of the Member State allocation mechanism and in particular responsible per this Regulation and in verify that the threshold for the triggering particular verify a swift access of and cessation of the corrective allocation applicants to procedures for granting effectively ensures a fair sharing of international protection. responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.

Or. en

Amendment 283 Elly Schlein, Sylvie Guillaume, Josef Weidenholzer, Christine Revault D'Allonnes Bonnefoy, Miltiadis Kyrkos, Juan Fernando López Aguilar, Cécile Kashetu Kyenge, Ana Gomes, Caterina Chinnici, Miriam Dalli, Birgit Sippel

Proposal for a regulation Recital 52

Text proposed by the Commission Amendment

(52) In order to assess whether the (52) In order to assess whether the corrective allocation mechanism in this allocation mechanism in this Regulation is Regulation is meeting the objective of meeting the objective of ensuring a fair ensuring a fair sharing of responsibility sharing of responsibility between Member between Member States and of relieving States and of relieving disproportionate disproportionate pressure on certain pressure on certain Member States, the

PE602.906v01-00 136/138 AM\1122579EN.docx EN Member States, the Commission should Commission should review the functioning review the functioning of the corrective of the allocation mechanism and in allocation mechanism and in particular particular verify that the allocation verify that the threshold for the triggering effectively ensures a fair sharing of and cessation of the corrective allocation responsibility between the Member States effectively ensures a fair sharing of and a swift access of applicants to responsibility between the Member States procedures for granting international and a swift access of applicants to protection. procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.

Or. en

Amendment 284 Laura Ferrara, Ignazio Corrao, Fabio Massimo Castaldo, Daniela Aiuto, Dario Tamburrano, Eleonora Evi, Piernicola Pedicini, Isabella Adinolfi, Laura Agea, Tiziana Beghin, Rosa D'Amato, David Borrelli, Marco Zullo, Marco Valli

Proposal for a regulation Recital 52

Text proposed by the Commission Amendment

(52) In order to assess whether the (52) In order to assess whether the corrective allocation mechanism in this corrective allocation mechanism in this Regulation is meeting the objective of Regulation is meeting the objective of ensuring a fair sharing of responsibility ensuring a fair sharing of responsibility between Member States and of relieving between Member States and of relieving disproportionate pressure on certain disproportionate pressure on certain Member States, the Commission should Member States, the Commission should review the functioning of the corrective review the functioning of the corrective allocation mechanism and in particular allocation mechanism and in particular verify that the threshold for the triggering verify that the mechanism effectively and cessation of the corrective allocation ensures a fair sharing of responsibility effectively ensures a fair sharing of between the Member States and a swift responsibility between the Member States access of applicants to procedures for and a swift access of applicants to granting international protection. procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.

AM\1122579EN.docx 137/138 PE602.906v01-00 EN Or. it

Amendment 285 Jeroen Lenaers

Proposal for a regulation Recital 52

Text proposed by the Commission Amendment

(52) In order to assess whether the (52) In order to assess whether the corrective allocation mechanism in this corrective allocation mechanism in this Regulation is meeting the objective of Regulation is meeting the objective of ensuring a fair sharing of responsibility ensuring a fair sharing of responsibility between Member States and of relieving between Member States and of relieving disproportionate pressure on certain disproportionate pressure on certain Member States, the Commission should Member States, the Commission should review the functioning of the corrective regularly review the functioning of the allocation mechanism and in particular corrective allocation mechanism and in verify that the threshold for the triggering particular verify that the threshold for the and cessation of the corrective allocation triggering and cessation of the corrective effectively ensures a fair sharing of allocation effectively ensures a fair sharing responsibility between the Member States of responsibility between the Member and a swift access of applicants to States and a swift access of applicants to procedures for granting international procedures for granting international protection in situations when a Member protection in situations when a Member State is confronted with a disproportionate State is confronted with a disproportionate number of applications for international number of applications for international protection for which it is responsible under protection for which it is responsible under this Regulation. this Regulation. The Commission closely involves the European Parliament with regard to aforementioned reviews.

Or. en

PE602.906v01-00 138/138 AM\1122579EN.docx EN