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EU-Parliament in the legislative procedure, the intended role of the Committee of Regions in shaping EU legislation is no longer valid and therefore it should be abolished.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 (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. 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.