Committee on Civil Liberties, Justice and Home Affairs

 

2016/0224(COD)

26.6.2017

AMENDMENTS

761 - 1117

Draft report

Laura Ferrara

(PE597.506v01-00)

Common procedure for international protection in the Union

Proposal for a regulation

( COM(2016)0467 – C8-0321/2016 – 2016/0224(COD) )

AM_Com_LegReport

Amendment    761

Marina Albiol Guzmán

 

Proposal for a regulation

Article 15 – paragraph 5 – subparagraph 1

 

Text proposed by the Commission

Amendment

The provision of free legal assistance and representation in the appeal procedure may be excluded where:

deleted

(a) the applicant has sufficient resources;

 

(b) the appeal is considered as not having any tangible prospect of success;

 

(c) the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal.

 

Or. en

 

Amendment    762

Jussi Halla-aho

 

Proposal for a regulation

Article 15 – paragraph 5 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

The provision of free legal assistance and representation in the appeal procedure may be excluded where:

The provision of free legal assistance and representation in the appeal procedure shall be excluded where:

Or. en

 

Amendment    763

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 15 – paragraph 5 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  the appeal is considered as not having any tangible prospect of success;

deleted

Or. en

 

Amendment    764

Péter Niedermüller, Kati Piri, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 15 – paragraph 5 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  the appeal is considered as not having any tangible prospect of success;

deleted

Or. en

Justification

This is in line with Parliament’s position adopted in the Reception Conditions Directive.

 

Amendment    765

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 15 – paragraph 5 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  the appeal is considered as not having any tangible prospect of success;

deleted

Or. en

Justification

This provision would run the risk of being interpreted in a too far reaching way by authorities and should be deleted

 

Amendment    766

Jeroen Lenaers

 

Proposal for a regulation

Article 15 – paragraph 5 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  the appeal is considered as not having any tangible prospect of success;

(b)  the appeal is so clearly without substance or abusive that it has no tangible prospect of success and is lodged merely to delay the enforcement of a decision resulting in his or her removal from the territory of a Member State;

Or. en

 

Amendment    767

Péter Niedermüller, Kati Piri, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 15 – paragraph 5 – subparagraph 1 – point c

 

Text proposed by the Commission

Amendment

(c)  the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal.

(c)  the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal, and that second level of appeal is considered to have no tangible prospect of success.

Or. en

Justification

This is in line with Parliament’s position adopted in the Reception Conditions Directive.

 

Amendment    768

Marina Albiol Guzmán

 

Proposal for a regulation

Article 15 – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation.

deleted

Or. en

 

Amendment    769

Péter Niedermüller, Kati Piri, Marju Lauristin, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 15 – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation.

Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation.

In the application of this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.

Or. en

 

Amendment    770

Jussi Halla-aho

 

Proposal for a regulation

Article 15 – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation.

Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision.

Or. en

 

Amendment    771

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 15 – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation.

Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation.

Or. en

 

Amendment    772

Jussi Halla-aho

 

Proposal for a regulation

Article 16 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  A legal adviser or other counsellor admitted or permitted as such under national law, who assists or represents an applicant under the terms of national law, shall be granted access to the information in the applicant’s file upon the basis of which a decision is or shall be made.

1.  A legal adviser admitted or permitted as such under national law, who assists or represents an applicant under the terms of national law, shall be granted access to the information in the applicant’s file upon the basis of which a decision is or shall be made.

Or. en

 

Amendment    773

Marina Albiol Guzmán

 

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The determining authority may deny access to the information in the applicant's file where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised. In those cases, the determining authority shall:

deleted

(a) make access to such information or sources available to the courts or tribunals in the appeal procedure; and

 

(b) ensure that the applicant’s right of defence is respected.

 

Or. en

 

Amendment    774

Péter Niedermüller, Kati Piri, Josef Weidenholzer, Ana Gomes, Caterina Chinnici

 

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

The determining authority may deny access to the information in the applicant's file where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised. In those cases, the determining authority shall:

The determining authority may deny access to the information in the applicant's file where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates. In those cases, the determining authority shall:

Or. en

Justification

As it is imperative that the applicant’s legal adviser has access to the applicant’s file in order to provide appropriate advice on the application, any derogation from access to that file must be very limited. The deleted text is too broad and vague, and allows for a general exclusion of access to the file.

 

Amendment    775

Jeroen Lenaers

 

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

As regards point (b), the determining authority shall, in particular, grant access to information or sources to a legal adviser or other counsellor who has undergone a security check, insofar as the information is relevant for examining the application or for taking a decision to withdraw international protection.

As regards point (b), the determining authority may, in particular, grant access to information or sources to a legal adviser or other counsellor who has undergone a security check, insofar as the information is relevant for examining the application or for taking a decision to withdraw international protection.

Or. en

 

Amendment    776

Jussi Halla-aho

 

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

As regards point (b), the determining authority shall, in particular, grant access to information or sources to a legal adviser or other counsellor who has undergone a security check, insofar as the information is relevant for examining the application or for taking a decision to withdraw international protection.

As regards point (b), the determining authority shall, in particular, grant access to information or sources to a legal adviser who has undergone a security check, insofar as the information is relevant for examining the application or for taking a decision to withdraw international protection.

Or. en

 

Amendment    777

Kinga Gál

 

Proposal for a regulation

Article 16 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The legal adviser or other counsellor who assists or represents an applicant shall have access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant, in accordance with Directive XXX/XXX/EU (Reception Conditions Directive).

3.  The legal representative who assists or represents an applicant shall have access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant, in accordance with Directive XXX/XXX/EU (Reception Conditions Directive).

Or. hu

 

Amendment    778

Jussi Halla-aho

 

Proposal for a regulation

Article 16 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The legal adviser or other counsellor who assists or represents an applicant shall have access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant, in accordance with Directive XXX/XXX/EU (Reception Conditions Directive).

3.  The legal adviser who assists or represents an applicant may have access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant, in accordance with Directive XXX/XXX/EU (Reception Conditions Directive).

Or. en

 

Amendment    779

Jussi Halla-aho

 

Proposal for a regulation

Article 16 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  An applicant shall be allowed to bring to a personal interview a legal adviser or other counsellor admitted or permitted as such under national law. The legal adviser or other counsellor shall be authorised to intervene during the personal interview.

4.  An applicant shall be allowed to bring to a personal interview a legal adviser admitted or permitted as such under national law.

Or. en

 

Amendment    780

Jussi Halla-aho

 

Proposal for a regulation

Article 16 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  The determining authority may require the presence of the applicant at the personal interview, even if he or she is represented under the terms of national law by a legal adviser or counsellor, and may require the applicant to respond in person to the questions asked.

5.  The determining authority may require the presence of the applicant at the personal interview, even if he or she is represented under the terms of national law by a legal adviser, and may require the applicant to respond in person to the questions asked.

Or. en

 

Amendment    781

Péter Niedermüller, Birgit Sippel, Marju Lauristin, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 16 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  Without prejudice to Article 22(5), the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant.

6.  Without prejudice to Article 22(5), the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant, provided that the applicant has been informed of his or her right to legal assistance and representation – including free legal assistance and representation where appropriate – and has chosen not to exercise that right.

Or. en

Justification

A personal interview should normally be carried out in the presence of the legal adviser. If it is to take place without the legal adviser, the applicant must be clearly informed in advance of his or her right to legal assistance and representation.

 

Amendment    782

Marina Albiol Guzmán

 

Proposal for a regulation

Article 16 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  Without prejudice to Article 22(5), the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant.

6.  The absence of a legal adviser or other counsellor shall prevent the determining authority from conducting a personal interview with the applicant, unless the applicant is informed of his or her right to receive legal counsel and rejects it.

Or. en

 

Amendment    783

Jussi Halla-aho

 

Proposal for a regulation

Article 16 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  Without prejudice to Article 22(5), the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant.

6.  Without prejudice to Article 22(5), the absence of a legal adviser shall not prevent the determining authority from conducting a personal interview with the applicant.

Or. en

 

Amendment    784

Jussi Halla-aho

 

Proposal for a regulation

Article 17 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Free legal assistance and representation shall be provided by legal advisers or other counsellors permitted under national law to assist or represent the applicants or non-governmental organisations accredited under national law to provide advisory services or representation.

1.  Free legal assistance and representation shall be provided by legal advisers permitted under national law to assist or represent the applicants.

Or. en

 

Amendment    785

Marina Albiol Guzmán

 

Proposal for a regulation

Article 17 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Member States shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation in relation to applications for international protection or they shall apply the existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult.

2.  Member States shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation in relation to applications for international protection or they shall apply the existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult. The applicant shall always be informed about these rules.

Or. en

 

Amendment    786

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 17 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Member States shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation in relation to applications for international protection or they shall apply the existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult.

2.  Member States shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation in relation to applications for international protection which shall not be more restrictive than the existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult.

Or. en

 

Amendment    787

Marina Albiol Guzmán

 

Proposal for a regulation

Article 17 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Member States may also impose monetary limits or time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to free legal assistance and representation. As regards fees and other costs, the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.

deleted

Or. en

 

Amendment    788

Jussi Halla-aho

 

Proposal for a regulation

Article 17 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Member States may also impose monetary limits or time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to free legal assistance and representation. As regards fees and other costs, the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.

3.  Member States shall also impose monetary limits and time limits on the provision of free legal assistance and representation. As regards fees and other costs, the treatment of applicants shall not be more favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.

Or. en

 

Amendment    789

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 17 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Member States may also impose monetary limits or time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to free legal assistance and representation. As regards fees and other costs, the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.

3.  Member States may also impose monetary limits or time limits on the provision of free legal assistance and representation, provided that such limits are not arbitrary and do not unduly restrict access to free legal assistance and representation. As regards fees and other costs, the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.

Or. en

Justification

The provision proposed by the commission would have enabled Member States to enact any limits to the provision of free legal assistance so long as such limitations were not arbitrary, it should be clarified that any restrictions should not unduly restrict the access to free legal assistance and representation.

 

Amendment    790

Marina Albiol Guzmán

 

Proposal for a regulation

Article 17 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant.

deleted

Or. en

 

Amendment    791

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 17 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant.

4.  With due respect of the provisions of Article 14 Member States may end the provision of free legal assistance in accordance with Article 15(3)b and 15(5)b if and when the applicant’s financial situation considerably improves. Member States may request total or partial reimbursement of any costs made where the decision to make such costs was taken on the basis of false information supplied by the applicant if it can be established that the applicant has sufficient resources.

Or. en

Justification

It would not seem appropriate to retroactively ask for the re-imbursement of costs for legal assistance that the Member States have agreed to cover, but it should be able to stop the provision of free legal assistance if the financial situation of the applicant significantly improves. If an applicant with sufficient resources has received free legal aid on the basis of false claims it should be possible for the MS to request a reimbursement of the costs from the applicant.

 

Amendment    792

Jeroen Lenaers

 

Proposal for a regulation

Article 17 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant.

4.  Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation improves in such a way that he or she now has sufficient financial resources or where the decision to make such costs was taken on the basis of false information supplied by the applicant.

Or. en

 

Amendment    793

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 17 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant.

4.  Member States may request total or partial reimbursement of any costs made where the decision to make such costs was taken on the basis of false information supplied by the applicant.

Or. en

 

Amendment    794

Péter Niedermüller, Kati Piri, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 17 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant.

4.  Member States may request total or partial reimbursement of any costs incurred where the decision to provide free legal assistance and representation taken on the basis of false information supplied by the applicant.

Or. en

Justification

This is in line with the text adopted by the Parliament in the Reception Conditions Directive. The applicant should be required to reimburse the costs of free legal assistance only where it later becomes clear that the free legal assistance was granted on the basis of false information provided by the applicant.

 

Amendment    795

Jussi Halla-aho

 

Proposal for a regulation

Article 17 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant.

4.  Member States shall request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant.

Or. en

 

Amendment    796

Jussi Halla-aho

 

Proposal for a regulation

Article 18

 

Text proposed by the Commission

Amendment

Article 18  

deleted

The role of the United Nations High Commissioner for Refugees

 

1. Member States shall allow the United Nations High Commissioner for Refugees:

 

(a) to have access to applicants, including those in reception centres, detention, at the border and in transit zones;

 

(b) to have access to information on individual applications for international protection, on the course of the procedure and on the decisions taken, subject to the consent of the applicant;

 

(c) to present its views, in the exercise of its supervisory responsibilities under Article 35 of the Geneva Convention, to any competent authorities regarding individual applications for international protection at any stage of the procedure.

 

2. Paragraph 1 shall also apply to an organisation which is working in the territory of the Member State concerned on behalf of the United Nations High Commissioner for Refugees pursuant to an agreement with that Member State.

 

Or. en

 

Amendment    797

Marina Albiol Guzmán

 

Proposal for a regulation

Article 18 – title

 

Text proposed by the Commission

Amendment

The role of the United Nations High Commissioner for Refugees

The role of the United Nations High Commissioner for Refugees and relevant NGOs

Or. en

 

Amendment    798

Marina Albiol Guzmán

 

Proposal for a regulation

Article 18 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1.  Member States shall allow the United Nations High Commissioner for Refugees:

1.  Member States shall allow the United Nations High Commissioner for Refugees and relevant NGOs:

Or. en

 

Amendment    799

Beatrix von Storch

 

Proposal for a regulation

Article 18 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1.  Member States shall allow the United Nations High Commissioner for Refugees:

1.  Member States may allow the United Nations High Commissioner for Refugees:

Or. en

 

Amendment    800

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 18 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  to have access to information on individual applications for international protection, on the course of the procedure and on the decisions taken, subject to the consent of the applicant;

(b)  to have access to information on individual applications for international protection, on the course of the whole procedure and on the decisions taken, subject to the consent of the applicant;

Or. en

 

Amendment    801

Beatrix von Storch

 

Proposal for a regulation

Article 18 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Paragraph 1 shall also apply to an organisation which is working in the territory of the Member State concerned on behalf of the United Nations High Commissioner for Refugees pursuant to an agreement with that Member State.

deleted

Or. en

 

Amendment    802

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Chapter 2 – section 4 – title

 

Text proposed by the Commission

Amendment

Special Guarantees

Specific Guarantees

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    803

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 19 – title

 

Text proposed by the Commission

Amendment

Applicants in need of special procedural guarantees

Applicants in need of specific procedural guarantees

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    804

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The determining authority shall systematically assess whether an individual applicant is in need of special procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.

The determining authority shall systematically and as early as possible after the application has been made assess whether an individual applicant is in need of special procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.

Or. en

 

Amendment    805

Péter Niedermüller, Marju Lauristin, Kati Piri, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The determining authority shall systematically assess whether an individual applicant is in need of special procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.

The determining authority shall systematically and individually assess whether an individual applicant is in need of special procedural guarantees with the assistance of a qualified interpreter where needed. That assessment shall be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive)

Or. en

Justification

The wording is aligned with the text adopted in Reception Conditions Directive on specifc reception needs, since that text calls for both assessments to be integrated.

 

Amendment    806

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The determining authority shall systematically assess whether an individual applicant is in need of special procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.

The determining authority shall systematically assess whether an individual applicant is in need of specific procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    807

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

For the purpose of that assessment, the determining authority shall respect the general principles for the assessment of special procedural needs set out in Article 20.

For the purpose of that assessment, the determining authority shall respect the general principles for the assessment of specific procedural needs set out in Article 20.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    808

Marina Albiol Guzmán

 

Proposal for a regulation

Article 19 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Where applicants have been identified as applicants in need of special procedural guarantees, they shall be provided with adequate support allowing them to benefit from the rights and comply with the obligations under this Regulation throughout the duration of the procedure for international protection.

2.  Where applicants have been identified as applicants in need of special procedural guarantees, they shall be provided with adequate support allowing them to benefit from the rights and comply with the obligations under this Directive throughout the duration of the procedure for international protection, including making an interpreter, a cultural mediator, and a legal adviser available to them.

Or. en

 

Amendment    809

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 19 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Where applicants have been identified as applicants in need of special procedural guarantees, they shall be provided with adequate support allowing them to benefit from the rights and comply with the obligations under this Regulation throughout the duration of the procedure for international protection.

2.  Where applicants have been identified as applicants in need of specific procedural guarantees, they shall be provided with adequate support allowing them to benefit from the rights and comply with the obligations under this Regulation throughout the duration of the procedure for international protection.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    810

Jussi Halla-aho

 

Proposal for a regulation

Article 19 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that the applicant is in need of special procedural guarantees as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant.

3.  Reasonable, adequate support shall be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41.

Or. en

 

Amendment    811

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 19 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that the applicant is in need of special procedural guarantees as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant.

3.  Where an applicant has been identified as applicant in need of special procedural guarantees, as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply or shall cease to apply the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41 to the applicant.

Or. en

 

Amendment    812

Péter Niedermüller, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 19 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that the applicant is in need of special procedural guarantees as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant.

3.  Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, or where the determining authority considers that the applicant is in need of special procedural guarantees as a result with particular attention to victims of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant .

Or. en

Justification

Aligned with the text adopted by the Parliament in the Regulation on a European Union Asylum Agency on the vulnerable groups.

 

Amendment    813

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 19 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that the applicant is in need of special procedural guarantees as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant.

3.  Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that the applicant is in need of specific procedural guarantees as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    814

Jussi Halla-aho

 

Proposal for a regulation

Article 19 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The Commission may specify the details and specific measures for assessing and addressing the special procedural needs of applicants, including of unaccompanied minors, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

deleted

Or. en

 

Amendment    815

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 19 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The Commission may specify the details and specific measures for assessing and addressing the special procedural needs of applicants, including of unaccompanied minors, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

4.  The Commission may specify the details and specific measures for assessing and addressing the specific procedural needs of applicants, including of unaccompanied minors, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    816

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 19 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The Commission may specify the details and specific measures for assessing and addressing the special procedural needs of applicants, including of unaccompanied minors, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

4.  The Commission is empowered to adopt delegated acts in accordance with Article 59 specifying the details and specific measures for assessing and addressing the special procedural needs of applicants, including of unaccompanied minors.

Or. en

 

Amendment    817

Péter Niedermüller

 

Proposal for a regulation

Article 19 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The Commission may specify the details and specific measures for assessing and addressing the special procedural needs of applicants, including of unaccompanied minors, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

4.  The Commission is empowered to adopt delegated acts in accordance with Article 59 specifying the details and specific measures for assessing and addressing the special procedural needs of applicants, including of unaccompanied minors.

Or. en

Justification

How determining authorities address special procedural needs is a key procedural right for applicants. Given its importance, it is imperative that the co-legislators agree on any act further specifying the details and specific measures available to applicants. With that in mind, only a delegated act can be used in these circumstances.

 

Amendment    818

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 20 – title

 

Text proposed by the Commission

Amendment

General principles for the assessment of special procedural needs

General principles for the assessment of specific procedural needs

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    819

Péter Niedermüller, Birgit Sippel, Kati Piri, Caterina Chinnici, Elly Schlein, Cécile Kashetu Kyenge, Ana Gomes, Josef Weidenholzer

 

Proposal for a regulation

Article 20 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged.

1.  The process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged. The assessment shall in any event be initiated no later than 15 days after an application is made and shall be completed within 30 days.

Or. en

Justification

Aligned with the text adopted by the Parliament in the Reception Conditions Directive on specific reception needs.

 

Amendment    820

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 20 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged.

1.  The process of identifying applicants with specific procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    821

Emil Radev

 

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The personnel of the authorities responsible for receiving and registering applications shall, when registering the application, indicate whether or not an applicant presents first indications of vulnerability which may require special procedural guarantees and may be inferred from physical signs or from the applicant's statements or behaviour.

The personnel of the authorities responsible for receiving and registering applications shall, when registering the application, indicate whether or not an applicant presents obvious indications of vulnerability which may require special procedural guarantees and may be inferred from physical signs or from the applicant's statements or behaviour.

Or. bg

 

Amendment    822

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The personnel of the authorities responsible for receiving and registering applications shall, when registering the application, indicate whether or not an applicant presents first indications of vulnerability which may require special procedural guarantees and may be inferred from physical signs or from the applicant's statements or behaviour.

The personnel of the authorities responsible for receiving and registering applications shall, when registering the application, indicate whether or not an applicant presents first indications of vulnerability which may require specific procedural guarantees and may be inferred from physical signs or from the applicant's statements or behaviour.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    823

Péter Niedermüller, Josef Weidenholzer, Ana Gomes, Caterina Chinnici

 

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees.

The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees and the applicant's observations on the need to benefit from special procedural support.

Or. en

Justification

Wording aligned with the wording adopted in the Reception Conditions Directive on special reception needs.

 

Amendment    824

Emil Radev

 

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees.

The information that an applicant presents obvious signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees.

Or. bg

 

Amendment    825

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees.

The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require specific procedural guarantees.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    826

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 3

 

Text proposed by the Commission

Amendment

Member States shall ensure that the personnel of the authorities referred to in Article 5 is trained to detect first signs of vulnerability of applicants that could require special procedural guarantees and that it shall receive instructions for that purpose.

Member States shall ensure that the personnel of the authorities referred to in Article 5 is trained to detect first signs of vulnerability of applicants that could require specific procedural guarantees and that it shall receive instructions for that purpose.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    827

Emil Radev

 

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 3

 

Text proposed by the Commission

Amendment

Member States shall ensure that the personnel of the authorities referred to in Article 5 is trained to detect first signs of vulnerability of applicants that could require special procedural guarantees and that it shall receive instructions for that purpose.

Member States shall ensure that the personnel of the authorities referred to in Article 5 is trained to detect obvious signs of vulnerability of applicants that could require special procedural guarantees and that it shall receive instructions for that purpose.

Or. bg

 

Amendment    828

Jussi Halla-aho

 

Proposal for a regulation

Article 20 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state.

When necessary, the determining authority may refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state.

Or. en

 

Amendment    829

Péter Niedermüller, Birgit Sippel, Kati Piri, Caterina Chinnici, Marju Lauristin, Josef Weidenholzer, Ana Gomes, Cécile Kashetu Kyenge, Elly Schlein

 

Proposal for a regulation

Article 20 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state.

Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state. In such cases, the doctor or psychologist shall be trained in carrying out such assessments and be supported by a qualified interpreter.

Or. en

Justification

Wording aligned with the wording adopted in the Reception Conditions Directive on special reception needs.

 

Amendment    830

Jussi Halla-aho

 

Proposal for a regulation

Article 20 – paragraph 3 – subparagraph 3

 

Text proposed by the Commission

Amendment

That examination shall be without prejudice to the medical examination referred to in Article 23 and Article 24.

deleted

Or. en

 

Amendment    831

Péter Niedermüller, Kati Piri, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 20 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The responsible authorities shall address the need for special procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, without having to restart the procedure for international protection.

4.  The responsible authorities shall address the need for special procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, or if the applicant expresses a reasoned request to have his or her special procedural needs reassessed, without having to restart the procedure for international protection.

Or. en

Justification

The wording is aligned with the wording adopted in the Reception Conditions Directive on specific reception needs.

 

Amendment    832

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 20 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The responsible authorities shall address the need for special procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, without having to restart the procedure for international protection.

4.  The responsible authorities shall address the need for special procedural guarantees as set out in this Article also where that need becomes apparent or is raised at a later stage of the procedure, without having to restart the procedure for international protection.

Or. en

 

Amendment    833

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 20 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The responsible authorities shall address the need for special procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, without having to restart the procedure for international protection.

4.  The responsible authorities shall address the need for specific procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, without having to restart the procedure for international protection.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    834

Marina Albiol Guzmán

 

Proposal for a regulation

Article 21 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The best interests of the child shall be a primary consideration for Member States when applying this Regulation.

1.  The best interests of the child shall be a primary consideration for Member States when applying this Directive.

Or. en

 

Amendment    835

Jussi Halla-aho

 

Proposal for a regulation

Article 21 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.

The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child.

Or. en

 

Amendment    836

Miltiadis Kyrkos

 

Proposal for a regulation

Article 21 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.

The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child or when the minor is at such an early age that a personal interview would not be meaningful. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.

Or. en

 

Amendment    837

Ska Keller

on behalf of the Verts/ALE Group

Jean Lambert, Judith Sargentini, Bodil Valero

 

Proposal for a regulation

Article 21 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.

The determining authority shall ensure minors' right to be heard and provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.

Or. en

 

Amendment    838

Maria Grapini

 

Proposal for a regulation

Article 21 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.

The determining authority shall provide a minor the opportunity of a personal interview under conditions suitable to him or her, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.

Or. ro

 

Amendment    839

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi, Carlos Coelho

 

Proposal for a regulation

Article 21 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.

The determining authority shall provide a minor with a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with a personal interview.

Or. en

 

Amendment    840

Péter Niedermüller, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 21 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.

The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.

Or. en

Justification

The best interests of the child should be paramount.If a personal interview is not in the best interests of the child, it should not take place.

 

Amendment    841

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi

 

Proposal for a regulation

Article 21 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

Any such personal interview shall be conducted by a person who has the necessary knowledge of the rights and special needs of minors and it shall be conducted in a child-sensitive and context-appropriate manner.

Any such personal interview shall be conducted in language they understand, in a child-sensitive and context-appropriate manner. The person conducting the personal interview shall have the necessary knowledge of the rights and special needs of minors and shall not wear military or law enforcement uniform

Or. en

 

Amendment    842

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 21 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

Any such personal interview shall be conducted by a person who has the necessary knowledge of the rights and special needs of minors and it shall be conducted in a child-sensitive and context-appropriate manner.

Any such personal interview shall be conducted by a person who has the necessary knowledge of the rights and specific needs of minors and it shall be conducted in a child-sensitive and context-appropriate manner.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    843

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 21 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The decision on the application of a minor shall be prepared by personnel of the determining authority who have the necessary knowledge of the rights and special needs of minors.

3.  The decision on the application of a minor shall be prepared by personnel of the determining authority who have the necessary knowledge of the rights and specific needs of minors.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    844

Kinga Gál

 

Proposal for a regulation

Article 21 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The decision on the application of a minor shall be prepared by personnel of the determining authority who have the necessary knowledge of the rights and special needs of minors.

3.  The decision on the application of a minor shall be taken by personnel of the determining authority who have the necessary knowledge of the rights and special needs of minors.

Or. hu

 

Amendment    845

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 21 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3 a.  In assessing the best interests of the child the determining authority shall, in particular, take due account of the following factors

 

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

 

b) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings;

c) the views of the minor, in accordance with his or her age and maturity.

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

Or. en

Justification

The Dublin regulation includes provisions aiming at clarifying best interest assessments, it would be logical to mirror these in the APR

 

Amendment    846

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 22 – title

 

Text proposed by the Commission

Amendment

Special guarantees for unaccompanied minors

Specific guarantees for unaccompanied minors

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    847

Jeroen Lenaers

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application, appoint a person or an organisation as a guardian.

1. The responsible authorities shall, as soon as possible after the arrival on the territory of the Union and not later than five working days from the moment when an unaccompanied minor makes an application, appoint a person or an organisation as a guardian.

Or. en

 

Amendment    848

Jussi Halla-aho

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application, appoint a person or an organisation as a guardian.

The responsible authorities shall, as soon as possible after an unaccompanied minor makes an application, appoint a person as a guardian.

Or. en

 

Amendment    849

Alessandra Mussolini, Salvatore Domenico Pogliese

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application, appoint a person or an organisation as a guardian.

The responsible authorities shall, as soon as possible and not later than five days from the moment when an unaccompanied minor disembarks in the territory of the European Union, appoint a person or an organisation as a guardian.

Or. en

 

Amendment    850

Péter Niedermüller, Birgit Sippel, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application, appoint a person or an organisation as a guardian.

The responsible authorities shall, from the moment when an unaccompanied minor makes an application, take measures to appoint a person or an organisation as a guardian.

Or. en

Justification

Aligned with the text adopted in Parliament on the Reception Conditions Directive

 

Amendment    851

Marina Albiol Guzmán

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application, appoint a person or an organisation as a guardian.

The responsible authorities shall, as soon as possible and not later than two working days from the moment when an unaccompanied minor makes an application, appoint a person or an organisation as a guardian.

Or. en

 

Amendment    852

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi, Carlos Coelho

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application, appoint a person or an organisation as a guardian.

The responsible authorities shall, as soon as possible and not later than five days from the moment an unaccompanied minor arrives in the Member State, appoint a person or an organisation as a guardian.

Or. en

 

Amendment    853

Jussi Halla-aho

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of a guardian.

deleted

Or. en

 

Amendment    854

Alessandra Mussolini, Salvatore Domenico Pogliese

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of a guardian.

Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of a guardian, in respect of the unaccompanied minor, in accordance with this Regulation.

Or. en

 

Amendment    855

Jussi Halla-aho

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 3

 

Text proposed by the Commission

Amendment

The determining authority shall inform the unaccompanied minor immediately of the appointment of his or her guardian.

The determining authority shall inform the unaccompanied minor without undue delay of the appointment of his or her guardian.

Or. en

 

Amendment    856

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

Procedural time limits shall not start before the appointment of a guardian

Or. en

Justification

It is crucial that the minor receives the assistance of his or her guardian and thus time-limits should not start until the guardian is assisting the minor.

 

Amendment    857

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 22 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The determining authority shall inform the guardian of all relevant facts, procedural steps and time-limits pertaining to the unaccompanied minor.

2.  The determining authority shall inform the guardian of all relevant facts, procedural steps and time-limits pertaining to the unaccompanied minor. The guardian shall further have access to the content of the relevant documents in the applicants file including the specific information materials for unaccompanied minors.

Or. en

Justification

Clarification in order to ensure that the guardian has access to all relevant information in order to support the minor, mirrors provisions in the Dublin regulation.

 

Amendment    858

Marina Albiol Guzmán

 

Proposal for a regulation

Article 22 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The determining authority shall inform the guardian of all relevant facts, procedural steps and time-limits pertaining to the unaccompanied minor.

2.  The determining authority shall inform the guardian and the minor of all relevant facts, procedural steps and time-limits pertaining to the unaccompanied minor.

Or. en

 

Amendment    859

Marina Albiol Guzmán

 

Proposal for a regulation

Article 22 – paragraph 3 – point a

 

Text proposed by the Commission

Amendment

(a)  represent and assist the unaccompanied minor during the procedures provided for in this Regulation and

(a)  represent and assist the unaccompanied minor during the procedures provided for in this Directive and

Or. en

 

Amendment    860

Marina Albiol Guzmán

 

Proposal for a regulation

Article 22 – paragraph 3 – point b

 

Text proposed by the Commission

Amendment

(b)  enable the unaccompanied minor to benefit from the rights and comply with the obligations under this Regulation.

(b)  enable the unaccompanied minor to benefit from the rights and comply with the obligations under this Directive.

Or. en

 

Amendment    861

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi

 

Proposal for a regulation

Article 22 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary expertise, and shall not have a verified record of child-related crimes or offences.

The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary qualifications and expertise and receive regular and appropriate training, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian's criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role.

Or. en

 

Amendment    862

Péter Niedermüller, Birgit Sippel, Josef Weidenholzer, Ana Gomes, Kati Piri

 

Proposal for a regulation

Article 22 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary expertise, and shall not have a verified record of child-related crimes or offences.

The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary qualifications and expertise, and shall not have a criminal record, in particular as regards any child-related crimes or offences. The responsible authorities shall regularly review the criminal records of appointed guardians in order to identify potential incompatibilities with their role.

Or. en

Justification

Aligned with the text adopted in Parliament on the Reception Conditions Directive

 

Amendment    863

Ska Keller

on behalf of the Verts/ALE Group

Jean Lambert, Judith Sargentini, Bodil Valero

 

Proposal for a regulation

Article 22 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary expertise, and shall not have a verified record of child-related crimes or offences.

The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the independence, and the necessary qualifications and expertise, and shall not have a verified record of crimes or offences. Guardians shall receive regular training to undertake their tasks.

Or. en

 

Amendment    864

Jussi Halla-aho

 

Proposal for a regulation

Article 22 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

The person acting as guardian shall be changed only when the responsible authorities consider that he or she has not adequately performed his or her tasks as a guardian. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardian.

The person acting as guardian shall be changed only when the responsible authorities consider that he or she has not adequately performed his or her tasks as a guardian. Individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardian.

Or. en

 

Amendment    865

Jeroen Lenaers

 

Proposal for a regulation

Article 22 – paragraph 5 – subparagraph 1

 

Text proposed by the Commission

Amendment

The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, which would render him or her unable to perform his or her tasks effectively.

The responsible authorities shall ensure that a guardian is not placed in charge of a disproportionate number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively, and in any case of no more than 20.

Or. en

 

Amendment    866

Alessandra Mussolini, Salvatore Domenico Pogliese

 

Proposal for a regulation

Article 22 – paragraph 5 – subparagraph 1

 

Text proposed by the Commission

Amendment

The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, which would render him or her unable to perform his or her tasks effectively.

The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, which would render him or her unable to perform his or her tasks effectively, and in any case of no more than 20.

Or. en

 

Amendment    867

Péter Niedermüller, Marju Lauristin, Birgit Sippel, Caterina Chinnici, Kati Piri, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 22 – paragraph 5 – subparagraph 1

 

Text proposed by the Commission

Amendment

The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, which would render him or her unable to perform his or her tasks effectively.

The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, and in any event no more than 20, which would render him or her unable to perform his or her tasks effectively.

Or. en

Justification

Aligned with the text adopted in Parliament on theReception Conditions Directive.

 

Amendment    868

Marina Albiol Guzmán

 

Proposal for a regulation

Article 22 – paragraph 5 – subparagraph 1

 

Text proposed by the Commission

Amendment

The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, which would render him or her unable to perform his or her tasks effectively.

The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors, and in any event no more than 10, at the same time which would render him or her unable to perform his or her tasks effectively.

Or. en

 

Amendment    869

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi, Carlos Coelho

 

Proposal for a regulation

Article 22 – paragraph 5 – subparagraph 1

 

Text proposed by the Commission

Amendment

The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, which would render him or her unable to perform his or her tasks effectively.

The responsible authorities shall place a guardian in charge of an adequate and limited number of unaccompanied minors at the same time, which would render him or her to ensure he or she is unable to perform his or her tasks effectively."

Or. en

 

Amendment    870

Jeroen Lenaers

 

Proposal for a regulation

Article 22 – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

Member States shall appoint entities or persons responsible for the performance of guardians' tasks and for supervising and monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall review complaints lodged by unaccompanied minors against their guardian.

Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. To this end, unaccompanied minors shall be given information in a concise, transparent, intelligible and easily accessible form, using clear and plain language both orally and in a visual form, in a child-friendly manner and in a language they understand, about who these entities or persons are and how to file complaints against their guardians in confidence and safety.

Or. en

 

Amendment    871

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi, Barbara Kudrycka, Carlos Coelho

 

Proposal for a regulation

Article 22 – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

Member States shall appoint entities or persons responsible for the performance of guardians' tasks and for supervising and monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall review complaints lodged by unaccompanied minors against their guardian.

Member States shall appoint entities or persons responsible for the performance of guardians' tasks and for supervising and monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall review complaints lodged by unaccompanied minors against their guardian.

Unaccompanied minors shall be informed, in a child-friendly manner and in a language that they understand, about who these entities or persons are and which are the grievance mechanisms in place to report complaints against their guardians in confidence and safety.

Or. en

 

Amendment    872

Alessandra Mussolini, Salvatore Domenico Pogliese

 

Proposal for a regulation

Article 22 – paragraph 5 – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

The responsible entities or persons shall assess the performance of the guardian within the first month after his/her appointment, and regularly thereafter.

Or. en

 

Amendment    873

Péter Niedermüller, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 22 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  The guardian shall inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, about how to prepare himself or herself for the personal interview. The guardian and, where applicable, a legal adviser or other counsellor admitted or permitted as such under national law, shall be present at that interview and have an opportunity to ask questions or make comments, within the framework set by the person who conducts the interview. The determining authority may require the presence of the unaccompanied minor at the personal interview, even if the guardian is present.

6.  The guardian shall inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, about how to prepare himself or herself for the personal interview. The guardian and a legal adviser or other counsellor admitted or permitted as such under national law, shall be present at that interview and have an opportunity to ask questions or make comments, within the framework set by the person who conducts the interview. The determining authority may require the presence of the unaccompanied minor at the personal interview, even if the guardian is present.

Or. en

Justification

The right of the lawyer to be present is laid downin Article 16(4).That right should not be reduced because of the appointmentof a guardian.

 

Amendment    874

Marina Albiol Guzmán

 

Proposal for a regulation

Article 23 – title

 

Text proposed by the Commission

Amendment

Medical examination

Medical and psychological examination

Or. en

 

Amendment    875

Marina Albiol Guzmán

 

Proposal for a regulation

Article 23 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Where the determining authority deems it relevant for the assessment of an application for international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation), and subject to the applicant’s consent, it shall arrange for a medical examination of the applicant concerning signs and symptoms that might indicate past persecution or serious harm.

1.  The applicant can consent to undergo medical and psychological examinations of signs and symptoms which could indicate persecutions, serious injuries suffered, inhuman treatment.

Or. en

 

Amendment    876

Beatrix von Storch

 

Proposal for a regulation

Article 23 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be paid for from public funds.

2.  The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be paid for from public funds unless the applicant has sufficient resources.

Or. en

 

Amendment    877

Elissavet Vozemberg-Vrionidi

 

Proposal for a regulation

Article 23 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be paid for from public funds.

2.  The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be free for applicants.

Or. en

Justification

In some Member States this is not provided under the national law.

 

Amendment    878

Marina Albiol Guzmán

 

Proposal for a regulation

Article 23 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be paid for from public funds.

2.  The medical and psychological examination shall be carried out by qualified professionals. Member States may designate the professionals who may carry out such examinations. Those examinations shall be paid for from public funds.

Or. en

 

Amendment    879

Miltiadis Kyrkos

 

Proposal for a regulation

Article 23 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be paid for from public funds.

2.  The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be free.

Or. en

 

Amendment    880

Marina Albiol Guzmán

 

Proposal for a regulation

Article 23 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  When no medical examination is carried out in accordance with paragraph 1, the determining authority shall inform applicants that they may, on their own initiative and at their own cost, arrange for a medical examination concerning signs and symptoms that might indicate past persecution or serious harm.

deleted

Or. en

 

Amendment    881

Marina Albiol Guzmán

 

Proposal for a regulation

Article 23 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The results of the medical examination shall be submitted to the determining authority as soon as possible and shall be assessed by the determining authority along with the other elements of the application.

4.  The results of the medical examination shall be submitted to the determining authority and to the applicant as soon as possible and shall be assessed by the determining authority along with the other elements of the application.

Or. en

 

Amendment    882

Marina Albiol Guzmán

 

Proposal for a regulation

Article 23 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  An applicant's refusal to undergo a medical examination shall not prevent the determining authority from taking a decision on the application for international protection.

5.  Medical examinations shall be used as a last resource and the determining authority shall inform in writing about the reason for the decision.

Or. en

 

Amendment    883

Marina Albiol Guzmán

 

Proposal for a regulation

Article 24 – title

 

Text proposed by the Commission

Amendment

Medical examination of unaccompanied minors

Medical and psychosocial examination of unaccompanied minors

Or. en

 

Amendment    884

Péter Niedermüller, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 24 – title

 

Text proposed by the Commission

Amendment

Medical examination of unaccompanied minors

Examination of unaccompanied minors

Or. en

 

Amendment    885

Monika Hohlmeier, Heinz K. Becker

 

Proposal for a regulation

Article 24 – title

 

Text proposed by the Commission

Amendment

Medical examination of unaccompanied minors

Age assessment of minors

Or. en

 

Amendment    886

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi, Carlos Coelho

 

Proposal for a regulation

Article 24 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

1.  Medical examinations may be used, as a measure of last resort, to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are grounds for serious doubt as to whether or not the applicant is under the age of 18 and other approaches, such as attempts to gather documentary evidence, and other age assessment procedures that Member States may have decided to undertake have failed to determine the age of the applicant. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

Or. en

 

Amendment    887

Marina Albiol Guzmán

 

Proposal for a regulation

Article 24 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

1.  Where, following statements by the applicant or with documentary evidence available, there are doubts as to whether or not an unaccompanied minor is under the age of 18, the determining authorities may order a psychosocial assessment to be carried out by qualified professionals to determine the applicant's age within the framework of the examination of an application.

The age evaluation must not be based solely on the applicant's physical appearance or behaviour.

Where the result of the psychosocial assessment is not conclusive, or includes an age-range below 18 years, Member States shall assume the applicant is a minor.

Or. en

 

Amendment    888

Beatrix von Storch

 

Proposal for a regulation

Article 24 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

1.  Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18.

Or. en

 

Amendment    889

Elly Schlein

 

Proposal for a regulation

Article 24 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

1.  Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor. The applicant has the right to an effective remedy against the decision on the age assessment.

Or. en

 

Amendment    890

Jussi Halla-aho

 

Proposal for a regulation

Article 24 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

1.  Medical examinations shall be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a physical and a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

Or. en

 

Amendment    891

Monika Hohlmeier, Heinz K. Becker

 

Proposal for a regulation

Article 24 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

1.  Medical examinations may, as a standard procedure, be used to determine the age of minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

Or. en

 

Amendment    892

Ska Keller

on behalf of the Verts/ALE Group

Jean Lambert, Judith Sargentini

 

Proposal for a regulation

Article 24 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

1.  Where there are doubts as to whether or not an unaccompanied minor is under the age of 18, following statements by the applicant, available documentary evidence or other relevant indications, Member States may order a psychosocial assessment by qualified professionals to determine the age of the applicant in the framework of the examination of an application. The age assessment shall not be solely based on the applicant's physical appearance or demeanour.

Or. en

 

Amendment    893

Péter Niedermüller, Marju Lauristin, Caterina Chinnici, Ana Gomes, Josef Weidenholzer

 

Proposal for a regulation

Article 24 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

1.  Where there are doubts as to whether or not an unaccompanied minor is under the age of 18, following statements by the applicant, available documentary evidence or other relevant indications, Member States may order a psychosocial assessment by qualified professionals to determine the age of applicant within the framework of the examination of an application. The age assessment shall not be based solely on the applicant's physical appearance or demeanour.

Or. en

Justification

The medical examination should be a measure of last resort to determine the age of unaccompanied minors.

 

Amendment    894

Péter Niedermüller, Birgit Sippel, Marju Lauristin, Caterina Chinnici, Ana Gomes, Josef Weidenholzer

 

Proposal for a regulation

Article 24 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1 a.  Where doubts over an unaccompanied minor's age persist following the procedure set out in paragraph 1, medical examinations may be used as a measure of last resort to determine the age of unaccompanied minors within the framework of the examination of an application. Where, taking into account the margin of error of the method employed - the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

Or. en

Justification

The benefit of the doubt should always be in favour of the minor.

 

Amendment    895

Ska Keller

on behalf of the Verts/ALE Group

Jean Lambert, Judith Sargentini

 

Proposal for a regulation

Article 24 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1 a.  Where doubts over an unaccompanied minor's age persist following the procedure set out in paragraph 1, medical examinations may be used as a measure of last resort to determine the age of unaccompanied minors within the framework of the examination of an application.Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

Or. en

 

Amendment    896

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 24 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1 a.  Any Medical examinations pursuant to paragraph 1 shall be based on scientifically proven methods

Or. en

Justification

It is important to ensure that any medical examinations used to determine the age of a minor are based on scientifically proven methods.

 

Amendment    897

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini, Jean Lambert

 

Proposal for a regulation

Article 24 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The medical examination to determine the age of unaccompanied minors shall not be carried out without their consent or the consent of their guardians.

2.  The medical examination to determine the age of unaccompanied minors shall not be carried out without their consent and the consent of their guardians.

Or. en

 

Amendment    898

Monika Hohlmeier, Heinz K. Becker

 

Proposal for a regulation

Article 24 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The medical examination to determine the age of unaccompanied minors shall not be carried out without their consent or the consent of their guardians.

2.  The medical examination to determine the age of minors shall not be carried out without their consent or the consent of their guardians.

Or. en

 

Amendment    899

Monika Hohlmeier, Heinz K. Becker

 

Proposal for a regulation

Article 24 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2 a.  In extraordinary circumstances, as a last resort, medical examinations may be enforced.

Or. en

 

Amendment    900

Marina Albiol Guzmán

 

Proposal for a regulation

Article 24 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Any medical examination shall be performed with full respect for the individual’s dignity, shall be the least invasive examination and shall be carried out by qualified medical professionals allowing for the most reliable result possible.

3.  Any medical examination shall be performed with full respect for the individual’s dignity, shall be the least invasive examination and shall be carried out by qualified medical professionals allowing for the most reliable result possible, specifying in writing the margin of error of the method used.

Medical examination shall always be used as a last resource, and the determining authority shall explain in writing the reasons for it. If a medical examination has been performed, all documents relating to the medical examination shall be included in the applicant's file.

Or. en

 

Amendment    901

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi, Carlos Coelho

 

Proposal for a regulation

Article 24 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Any medical examination shall be performed with full respect for the individual’s dignity, shall be the least invasive examination and shall be carried out by qualified medical professionals allowing for the most reliable result possible.

3.  Any medical examination shall be performed with full respect for the individual's dignity, shall be the least invasive examination and shall be carried out by independent, trained and qualified medical professionals who are familiar with the applicant's ethnic and cultural background and in cooperation with a multi-disciplinary team with expertise in child rights, psychology and development, thereby allowing for the most reliable result possible.

Or. en

 

Amendment    902

Jussi Halla-aho

 

Proposal for a regulation

Article 24 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Any medical examination shall be performed with full respect for the individual’s dignity, shall be the least invasive examination and shall be carried out by qualified medical professionals allowing for the most reliable result possible.

3.  Any medical examination shall be performed with full respect for the individual’s dignity and shall be carried out by qualified medical professionals allowing for the most reliable result possible.

Or. en

 

Amendment    903

Marina Albiol Guzmán

 

Proposal for a regulation

Article 24 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

4.  Unaccompanied minors have the right to an effective remedy against a decision determining their age.

Or. en

 

Amendment    904

Ska Keller

on behalf of the Verts/ALE Group

Jean Lambert, Judith Sargentini

 

Proposal for a regulation

Article 24 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, including the right to appeal the decision on the medical examination, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination. All documents concerning the medical examination shall be entered in the applicant's file.

Or. en

 

Amendment    905

Péter Niedermüller, Marju Lauristin, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 24 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, including the right to appeal the decision on the medical examination, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination. All documents concerning the medical examination shall be added to the applicant’s file.

Or. en

 

Amendment    906

Jussi Halla-aho

 

Proposal for a regulation

Article 24 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

4.  The determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

Or. en

 

Amendment    907

Monika Hohlmeier, Heinz K. Becker

 

Proposal for a regulation

Article 24 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, and where possible using simple language, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

Or. en

 

Amendment    908

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi, Barbara Kudrycka, Carlos Coelho

 

Proposal for a regulation

Article 24 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand and a child-friendly and age appropriate manner, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

Or. en

 

Amendment    909

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 24 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

4.  Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

Or. en

Justification

Clarification in order to improve the provision of information

 

Amendment    910

Monika Hohlmeier, Heinz K. Becker

 

Proposal for a regulation

Article 24 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4 a.  Where medical examinations are used to determine the age of accompanied minors, the determining authority shall ensure that the accompanying adult family members are informed, prior to the examination of the minor's application for international protection, and in a language that they understand or are reasonably meant to understand, and if possible using simple language, of the possibility that the age of the accompanied minor be determined by medical examination.This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the accompanying adult family members for the minor to undergo the medical examination.

Or. en

 

Amendment    911

Marina Albiol Guzmán

 

Proposal for a regulation

Article 24 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on the application for international protection.

deleted

Or. en

 

Amendment    912

Monika Hohlmeier, Heinz K. Becker

 

Proposal for a regulation

Article 24 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on the application for international protection.

5.  The refusal by the unaccompanied minors or their guardians, respectively by the accompanying family members to carry out the medical examination shall be considered as a presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on the application for international protection. The refusal for consent to the medical examination can furthermore be considered as a refusal to cooperate by not providing information necessary for the examination of the application.

Or. en

 

Amendment    913

Péter Niedermüller, Birgit Sippel, Marju Lauristin, Josef Weidenholzer, Ana Gomes, Caterina Chinnici

 

Proposal for a regulation

Article 24 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on the application for international protection.

5.  The refusal by the unaccompanied minors or their guardians to carry out the medical examination may not lead to the presumption that the applicant is not a minor. A refusal to carry out the medical examination shall not prevent the determining authority from taking a decision on the application for international protection, however a decision to reject an application for international protection by an unaccompanied minor who refused to undergo a medical examination shall not be based solely on that refusal.

Or. en

Justification

The text has been aligned with the existing Asylum Procedures Directive. In particular, there can be no assumption about the age of the applicant on the basis of his or her refusal to undergo a medical examination. The refusal to undergo a medical examination should also never form the basis of a decision to reject an application for international protection.

 

Amendment    914

Beatrix von Storch

 

Proposal for a regulation

Article 24 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on the application for international protection.

5.  The refusal by the unaccompanied minors or their guardians to carry out the medical examination may be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on the application for international protection.

Or. en

 

Amendment    915

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini, Jean Lambert

 

Proposal for a regulation

Article 24 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on the application for international protection.

5.  The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not be the sole reason for rejecting an application for international protection.

Or. en

 

Amendment    916

Ska Keller

on behalf of the Verts/ALE Group

Jean Lambert, Judith Sargentini

 

Proposal for a regulation

Article 24 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5 a.  Unaccompanied minors shall be granted the right to an effective remedy against a decision determining their age.

Or. en

 

Amendment    917

Marina Albiol Guzmán

 

Proposal for a regulation

Article 24 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A Member State shall recognise age assessment decisions taken by other Member States on the basis of a medical examination carried out in accordance with this Article and based on methods which are recognised under its national law.

deleted

Or. en

 

Amendment    918

Monika Hohlmeier, Heinz K. Becker

 

Proposal for a regulation

Article 24 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A Member State shall recognise age assessment decisions taken by other Member States on the basis of a medical examination carried out in accordance with this Article and based on methods which are recognised under its national law.

6.  A Member State may recognise age assessment decisions taken by other Member States on the basis of a medical examination carried out in accordance with this Article and based on methods which are recognised under its national law.

Or. en

 

Amendment    919

Jeroen Lenaers

 

Proposal for a regulation

Article 25 – title

 

Text proposed by the Commission

Amendment

Making an application for international protection

Making and registering an application for international protection

Or. en

 

Amendment    920

Jeroen Lenaers

 

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

An application for international protection shall be made when a third-country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in Article 5(3) or (4).

An application for international protection shall be made when a third-country national or stateless person expresses a wish for international protection to:

(a) border guards;

(b) police;

(c) immigration authorities;

(d) authorities responsible for detention facilities;

(e) other authorities that have been entrusted by the Member States with those tasks.

Or. en

 

Amendment    921

Miltiadis Kyrkos

 

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

An application for international protection shall be made when a third-country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in Article 5(3) or (4).

An application for international protection shall be made when a third-country national or stateless person expresses a wish for international protection orally or in written form or asks not to be deported or returned to a third country because of fear of persecution or risk of serious harm to officials of the determining authority or other authorities referred to in Article 5(3) or (4).

Or. en

 

Amendment    922

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

An application for international protection shall be made when a third-country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in Article 5(3) or (4).

An application for international protection shall be considered as made when a third-country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in Article 5(3) or (4).

Or. en

 

Amendment    923

Miltiadis Kyrkos

 

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where those officials have doubt as to whether a certain declaration is to be construed as an application, they shall ask the person expressly whether he or she wishes to receive international protection.

deleted

Or. en

 

Amendment    924

Jeroen Lenaers

 

Proposal for a regulation

Article 25 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2 a.  The authorities responsible for receiving and registering applications shall:

 

(a) inform the applicants of their rights and obligations set out, in particular, in Articles 28 and 31 as regards the lodging of applications, Article 7 as regards the obligations of applicants and consequences of non-compliance with such obligations, Article 9 as regards the right of applicants to remain on the territory of the Member State responsible, and Article 8 as regards the general guarantees for applicants;

 

(b) register the application immediately. They shall register also the following information:

 

(i) the name, date of birth, gender, nationality and other personal details of the applicant;

 

(ii) the type and number of any identity or travel document of the applicant;

 

(iii) the date of the application, place where the application is made and the authority with which the application is made;

 

(iv) inform the applicant as to where and how an application for international protection is to be lodged;

 

(v) inform the authorities responsible for the reception conditions pursuant to Directive XXX/XXX/EU (Reception Conditions Directive) of the application.

 

2.The Commission may specify the content of the information to be provided to applicants when an application is made by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

 

3.Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications immediately when the application is made, the authorities of the Member State may extend that time-limit to ten working days.

Or. en

 

Amendment    925

Jeroen Lenaers

 

Proposal for a regulation

Article 26

 

Text proposed by the Commission

Amendment

Article 26  

deleted

Tasks of the responsible authorities when an application is made

 

1. The authorities responsible for receiving and registering applications shall:

 

(a) inform the applicants of their rights and obligations set out, in particular, in Articles 27, 28 and 31 as regards the registration and lodging of applications, Article 7 as regards the obligations of applicants and consequences of non-compliance with such obligations, Article 9 as regards the right of applicants to remain on the territory of the Member State responsible, and Article 8 as regards the general guarantees for applicants;

 

(b) register the application in accordance with Article 27;

 

(c) upon registration, inform the applicant as to where and how an application for international protection is to be lodged;

 

(d) inform the authorities responsible for the reception conditions pursuant to Directive XXX/XXX/EU (Reception Conditions Directive) of the application.

 

2. The Commission may specify the content of the information to be provided to applicants when an application is made by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

 

Or. en

 

Amendment    926

Marina Albiol Guzmán

 

Proposal for a regulation

Article 26 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a)  inform the applicants of their rights and obligations set out, in particular, in Articles 27, 28 and 31 as regards the registration and lodging of applications, Article 7 as regards the obligations of applicants and consequences of non-compliance with such obligations, Article 9 as regards the right of applicants to remain on the territory of the Member State responsible, and Article 8 as regards the general guarantees for applicants;

(a)  inform the applicants in a language they can understand of their rights and obligations set out, in particular, in Articles 27, 28 and 31 as regards the registration and lodging of applications, Article 7 as regards the obligations of applicants and consequences of non-compliance with such obligations, Article 9 as regards the right of applicants to remain on the territory of the Member State responsible, and Article 8 as regards the general guarantees for applicants;

Or. en

 

Amendment    927

Péter Niedermüller

 

Proposal for a regulation

Article 26 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The Commission may specify the content of the information to be provided to applicants when an application is made by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

2.  The Commission is empowered to adopt delegated acts in accordance with Article 59 specifying the content of the information to be provided to applicants when an application is made.

Or. en

Justification

The provision of information to applicants is a key procedural right for applicants. Given its importance, it is imperative that the co-legislators agree on any act further specifying the information to be provided to applicants. With that in mind, only a delegated act can be used in these circumstances.

 

Amendment    928

Jeroen Lenaers

 

Proposal for a regulation

Article 27

 

Text proposed by the Commission

Amendment

Article 27  

deleted

Registering applications for international protection

 

1.

 

The authorities responsible for receiving and registering applications for international protection shall register an application promptly, and not later than three working days from when it is made. They shall register also the following information:

 

(a) the name, date of birth, gender, nationality and other personal details of the applicant;

 

(b) the type and number of any identity or travel document of the applicant;

 

(c) the date of the application, place where the application is made and the authority with which the application is made.

 

Where the data referred to in points (a) and (b) has already been obtained by the Member States before the application is made, it shall not to be requested again.

 

2. Where the information is collected by the determining authority or by another authority assisting it for the purpose of examining the application, additional data necessary for the examination of the application may also be collected at the time of registration.

 

3. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made, the authorities of the Member State may extend that time-limit to ten working days.

 

4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

 

Or. en

 

Amendment    929

Elissavet Vozemberg-Vrionidi

 

Proposal for a regulation

Article 27 – paragraph 1 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

The authorities responsible for receiving and registering applications for international protection shall register an application promptly, and not later than three working days from when it is made. They shall register also the following information:

The authorities responsible for receiving and registering applications for international protection shall register an application promptly, and not later than ten working days from when it is made. They shall register also the following information:

Or. en

Justification

Three days is not a realistic time limit in situation of mass influx.

 

Amendment    930

Miltiadis Kyrkos

 

Proposal for a regulation

Article 27 – paragraph 1 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

The authorities responsible for receiving and registering applications for international protection shall register an application promptly, and not later than three working days from when it is made. They shall register also the following information:

The authorities responsible for receiving and registering applications for international protection shall register an application promptly, and not later than ten days from when it is made. They shall register also the following information:

Or. en

 

Amendment    931

Marina Albiol Guzmán

 

Proposal for a regulation

Article 27 – paragraph 1 – subparagraph 1 – point a

 

Text proposed by the Commission

Amendment

(a)  the name, date of birth, gender, nationality and other personal details of the applicant;

(a)  the name, date of birth, gender, nationality and other personal details of the applicant, including, where relevant, the gender identity of the applicant;

Or. en

 

Amendment    932

Miltiadis Kyrkos

 

Proposal for a regulation

Article 27 – paragraph 1 – subparagraph 1 – point a

 

Text proposed by the Commission

Amendment

(a)  the name, date of birth, gender, nationality and other personal details of the applicant;

(a)  the name, date of birth, gender, nationality, family status

Or. en

 

Amendment    933

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini, Jean Lambert

 

Proposal for a regulation

Article 27 – paragraph 1 – subparagraph 1 – point a

 

Text proposed by the Commission

Amendment

(a)  the name, date of birth, gender, nationality and other personal details of the applicant;

(a)  the name, date of birth, gender, nationality or statelessness;

Or. en

 

Amendment    934

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 27 – paragraph 1 – subparagraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(a a)  other personal details of the applicant such as family status and health;

Or. en

 

Amendment    935

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 27 – paragraph 1 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  the type and number of any identity or travel document of the applicant;

(b)  the type and number of any identity or travel document of the applicant if available;

Or. en

 

Amendment    936

Alessandra Mussolini, Salvatore Domenico Pogliese

 

Proposal for a regulation

Article 27 – paragraph 1 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The determining Member State shall conduct a thorough security verification of each applicant as soon as possible following the registration of an application.

Or. en

 

Amendment    937

Ska Keller

on behalf of the Verts/ALE Group

Jean Lambert, Judith Sargentini

 

Proposal for a regulation

Article 27 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1 a.  Where an individual claims not to have a nationality this should be clearly registered, and the individual referred to a dedicated statelessness identification mechanism for confirmation of this status at an appropriate juncture.

Or. en

 

Amendment    938

Jussi Halla-aho

 

Proposal for a regulation

Article 27 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Where the information is collected by the determining authority or by another authority assisting it for the purpose of examining the application, additional data necessary for the examination of the application may also be collected at the time of registration.

2.  Where the information is collected by the determining authority or by another authority assisting it for the purpose of examining the application, additional data necessary for the examination of the application may also be collected at the time of registration. The authorities of the Member State examining or determining the Member State responsible for the application shall have access to the Entry Exit data of the applicant referred to in Regulation (EU) No XXX/XXX (the Entry Exit System).

Or. en

 

Amendment    939

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 27 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made, the authorities of the Member State may extend that time-limit to ten working days.

3.  Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made, the authorities of the Member State may extend that time-limit to five working days.

Or. en

 

Amendment    940

Jussi Halla-aho

 

Proposal for a regulation

Article 27 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made, the authorities of the Member State may extend that time-limit to ten working days.

3.  Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made, the authorities of the Member State may extend that time-limit to seven days.

Or. en

 

Amendment    941

Jussi Halla-aho

 

Proposal for a regulation

Article 27 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

4.  The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period.

Or. en

 

Amendment    942

Péter Niedermüller, Caterina Chinnici, Josef Weidenholzer, Ana Gomes, Birgit Sippel

 

Proposal for a regulation

Article 27 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

4.  The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for one year from the date of a final decision on the application for international protection, including on all levels of appeal. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

Or. en

Justification

It is possible that, in the context of subsequent applications, recording the personal data of the applicant might be useful after a final decision on an application has been made.However, given the time limits for dealing with applications generally, and subsequent applications in particular,it is impossible to understand why that information would be retained for a period of ten years. One year after a final decision should be more than sufficient

 

Amendment    943

Jeroen Lenaers

 

Proposal for a regulation

Article 27 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

4.  The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon the person concerned has acquired such citizenship.

Or. en

 

Amendment    944

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 27 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

4.  The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for five years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

Or. en

Justification

The amendment seeks to align the data retention period to the five year period agreed in the EP position of the Eurodac proposal

 

Amendment    945

Marina Albiol Guzmán

 

Proposal for a regulation

Article 27 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

4.  The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for two years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

Or. en

 

Amendment    946

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 28 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

1.  The applicant shall lodge the application within 20 working days from the date when the application is registered or at the latest at the date of the appointment given in accordance with paragraph 5, provided that he or she is given an effective opportunity to do so within that time-limit. Where free legal assistance is requested, the time period for lodging the application shall start to run upon the appointment of a legal advisor or other counsellor, or where the provision of free legal assistance and representation is refused in accordance with Article 15(3).

Or. en

 

Amendment    947

Marina Albiol Guzmán

 

Proposal for a regulation

Article 28 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

1.  The applicant shall lodge the application within twenty working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit., including access to translators and interpreters, and legal counsel.

Or. en

 

Amendment    948

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 28 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

1.  The applicant shall lodge the application within twenty working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

Or. en

Justification

It is better to ensure a complete, accurate and high quality application than trying to rush things in this stage since this could cause longer delays and additional administrative burdens later on with additional submissions.

 

Amendment    949

Péter Niedermüller, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 28 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

1.  The applicant shall lodge the application within 15 working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

Or. en

 

Amendment    950

Miltiadis Kyrkos

 

Proposal for a regulation

Article 28 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

1.  The applicant shall lodge the application within one month from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

Or. en

 

Amendment    951

Jussi Halla-aho

 

Proposal for a regulation

Article 28 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

1.  The applicant shall lodge the application within seven days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

Or. en

 

Amendment    952

Elissavet Vozemberg-Vrionidi

 

Proposal for a regulation

Article 28 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

1.  The applicant shall lodge the application within one month from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

Or. en

Justification

It is not possible practically to apply these short time limits.

 

Amendment    953

Péter Niedermüller, Caterina Chinnici, Marju Lauristin, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 28 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The authority responsible for receiving and registering applications for international protection shall give the applicant an effective opportunity to lodge an application within the time-limit established in paragraph 1.

2.  The authority responsible for receiving and registering applications for international protection shall give the applicant an effective opportunity to lodge an application within the time-limit established in paragraph 1. In accordance with Article 14(1), the applicant shall have the right to legal assistance and representation to prepare the lodging of his or her application and shall be informed of that right, including the right to free legal assistance and representation where appropriate. Where free legal assistance is requested, the time limit for lodging the application shall start to run upon the appointment of a legal advisor or other counsellor.

Or. en

Justification

The right of the applicant to legal assistance and representation before the lodging of the application is very important and must be made clear. This amendment is consistent with amendments proposed to Articles 14(1) and 15(1) of the text.

 

Amendment    954

Jussi Halla-aho

 

Proposal for a regulation

Article 28 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time-limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than one month from the date when the application is registered.

3.  Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time-limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than three weeks from the date when the application is registered.

Or. en

 

Amendment    955

Alessandra Mussolini, Salvatore Domenico Pogliese

 

Proposal for a regulation

Article 28 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time-limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than one month from the date when the application is registered.

3.  Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time-limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than two weeks from the date when the application is registered.

Or. en

 

Amendment    956

Miltiadis Kyrkos

 

Proposal for a regulation

Article 28 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time-limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than one month from the date when the application is registered.

3.  Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time-limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application whenever this is possible and under priority

Or. en

 

Amendment    957

Alessandra Mussolini, Salvatore Domenico Pogliese

 

Proposal for a regulation

Article 28 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

When lodging an application, applicants are required to submit all the elements referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.

When lodging an application, applicants shall submit all the elements referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.

Or. en

 

Amendment    958

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 28 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

When lodging an application, applicants are required to submit all the elements referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.

When lodging an application, applicants are required to submit all the elements in their possession referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.

Or. en

 

Amendment    959

Péter Niedermüller, Caterina Chinnici, Josef Weidenholzer, Ana Gomes, Birgit Sippel

 

Proposal for a regulation

Article 28 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

When lodging an application, applicants are required to submit all the elements referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.

When lodging an application, applicants are required to submit all the elements referred to in Article 4(2) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.

Or. en

Justification

The elements for submission are laid down in Article4(2) of the Qualifications Regulation.

 

Amendment    960

Marina Albiol Guzmán

 

Proposal for a regulation

Article 28 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation.

The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application or which relate to changes to his or her situation.

Or. en

 

Amendment    961

Péter Niedermüller, Birgit Sippel, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 28 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation.

The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application or which relate to changes to his or her situation.

Or. en

Justification

The applicant should have the right to bring forward new elements relevant to his or her application at all stages before a decision is taken.

 

Amendment    962

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 28 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation.

The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward any new elements which are relevant for the examination of his or her application and which he or she could not have been aware of or could have not provided at an earlier stage or which relate to changes to his or her situation.

Or. en

 

Amendment    963

Péter Niedermüller, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 28 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  The applications for international protection shall be lodged in person and at a designated place. For that purpose, when the application is registered, the applicant shall be given an appointment with the authorities competent for the lodging of the application.

5.  The applications for international protection shall be lodged in person and at a designated place. For that purpose, when the application is registered, the applicant shall be given an appointment with the authorities competent for the lodging of the application. The date of such appointment shall be set not earlier than ten working days from the date when the application is registered, unless the consent of the applicant is provided after receiving appropriate information on the obligation to lodge the application and the right to legal assistance and representation.

Or. en

Justification

The applicant must lodge his or her application within period of 15 working days from the date of registration but in order to lodge his or her application, the applicant needs an appointment. To ensure that the applicant is provided enough time to prepare the lodging of the application he or she should be given an appointment no sooner than 10 working days after registration, unless he or she consents to an earlier appointment.

 

Amendment    964

Marina Albiol Guzmán

 

Proposal for a regulation

Article 28 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  The applications for international protection shall be lodged in person and at a designated place. For that purpose, when the application is registered, the applicant shall be given an appointment with the authorities competent for the lodging of the application.

5.  The applications for international protection shall be lodged in person and at a designated place. The applicant will be able to lodge the application accompanied by an interpreter and/or a legal advisor. For that purpose, when the application is registered, the applicant shall be given an appointment with the authorities competent for the lodging of the application.

Or. en

 

Amendment    965

Jussi Halla-aho

 

Proposal for a regulation

Article 28 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  The responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

6.  The responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision. The data shall be erased upon expiry of that period.

Or. en

 

Amendment    966

Péter Niedermüller, Josef Weidenholzer, Caterina Chinnici, Ana Gomes

 

Proposal for a regulation

Article 28 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  The responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

6.  The responsible authorities shall store the data referred to in paragraph 4 for one year from the date of a final decision on the application for international protection, including on all levels of appeal. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

Or. en

Justification

Consistency with amendments tabled to Article 13(7) and Article 27(4).

 

Amendment    967

Jeroen Lenaers

 

Proposal for a regulation

Article 28 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  The responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

6.  The responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon the person concerned has acquired such citizenship.

Or. en

 

Amendment    968

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 28 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  The responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

6.  The responsible authorities shall store the data referred to in paragraph 4 for five years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

Or. en

Justification

Aligning with EP position on data retention in Eurodac

 

Amendment    969

Marina Albiol Guzmán

 

Proposal for a regulation

Article 28 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  The responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

6.  The responsible authorities shall store the data referred to in paragraph 4 for two years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

Or. en

 

Amendment    970

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 29 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The authorities of the Member State where an application for international protection is made shall, upon registration, provide the applicant with a document certifying, in particular, that an application has been made and stating that the applicant may remain on the territory of that Member State for the purposes of lodging his or her application as provided for in this Regulation.

1.  The authorities of the Member State where an application for international protection is made shall, at the latest upon registration, provide the applicant with a document in his or her own name:

Or. en

 

Amendment    971

Marina Albiol Guzmán

 

Proposal for a regulation

Article 29 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The authorities of the Member State where an application for international protection is made shall, upon registration, provide the applicant with a document certifying, in particular, that an application has been made and stating that the applicant may remain on the territory of that Member State for the purposes of lodging his or her application as provided for in this Regulation.

1.  The authorities of the Member State where an application for international protection is made shall, upon registration, provide the applicant with a document certifying, in particular, that an application has been made and stating that the applicant may remain on the territory of that Member State for the purposes of lodging his or her application as provided for in this Directive.

Or. en

 

Amendment    972

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 29 – paragraph 1 – point a (new)

 

Text proposed by the Commission

Amendment

 

(a)  stating the identity of the applicant by including at least the data referred to in Article 27(1)(a) and (b), verified and updated where necessary, as well as a facial image of the applicant, signature and current place of residence;

Or. en

 

Amendment    973

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 29 – paragraph 1 – point b (new)

 

Text proposed by the Commission

Amendment

 

(b)  stating the issuing authority, date and place of issue and period of validity of the document;

Or. en

 

Amendment    974

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 29 – paragraph 1 – point c (new)

 

Text proposed by the Commission

Amendment

 

(c)  certifying the status of the individual as an applicant;

Or. en

 

Amendment    975

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 29 – paragraph 1 – point d (new)

 

Text proposed by the Commission

Amendment

 

(d)  stating that the applicant has the right to remain on the territory of that Member State and indicating whether the applicant is free to move within all or part of the territory of that Member State;

Or. en

 

Amendment    976

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 29 – paragraph 1 – point e (new)

 

Text proposed by the Commission

Amendment

 

(e)  stating that the document is not a valid travel document and indicating that the applicant is not allowed to travel without authorisation to the territory of other Member States until the procedure for the determination of the Member State responsible for the examination of the application in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation) has taken place;

Or. en

 

Amendment    977

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 29 – paragraph 1 – point f (new)

 

Text proposed by the Commission

Amendment

 

(f)  stating whether the applicant has permission to take up gainful employment.

Or. en

 

Amendment    978

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 29 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The authorities of the Member State where the application is lodged shall, within three working days of the lodging of the application, provide the applicant with a document in his or her own name:

deleted

(a) stating the identity of the applicant by including at least the data referred to in Article 27(1)(a) and (b), verified and updated where necessary, as well as a facial image of the applicant, signature, current place of residence and the date of lodging of the application;

 

(b) stating the issuing authority, date and place of issue and period of validity of the document;

 

(c) certifying the status of the individual as an applicant;

 

(d) stating that the applicant has the right to remain on the territory of that Member State and indicating whether the applicant is free to move within all or part of the territory of that Member State;

 

(e) stating that the document is not a valid travel document and indicating that the applicant is not allowed to travel without authorisation to the territory of other Member States until the procedure for the determination of the Member State responsible for the examination of the application in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation) has taken place;

 

(f) stating whether the applicant has permission to take up gainful employment.

 

Or. en

 

Amendment    979

Marina Albiol Guzmán

 

Proposal for a regulation

Article 29 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d)  stating that the applicant has the right to remain on the territory of that Member State and indicating whether the applicant is free to move within all or part of the territory of that Member State;

(d)  stating that the applicant has the right to remain on the territory of that Member State and indicating the applicant is free to move within all the territory of that Member State;

Or. en

 

Amendment    980

Marina Albiol Guzmán

 

Proposal for a regulation

Article 29 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e)  stating that the document is not a valid travel document and indicating that the applicant is not allowed to travel without authorisation to the territory of other Member States until the procedure for the determination of the Member State responsible for the examination of the application in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation) has taken place;

(e)  stating that the document is not a valid travel document and indicating that the applicant can travel without authorisation to the territory of other Member States as long as he or she can be contacted until the procedure for the determination of the Member State responsible for the examination of the application in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation) has taken place;

Or. en

 

Amendment    981

Péter Niedermüller, Kati Piri, Caterina Chinnici, Ana Gomes, Josef Weidenholzer

 

Proposal for a regulation

Article 29 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f)  stating whether the applicant has permission to take up gainful employment.

(f)  stating from what date the applicant has permission to take up gainful employment.

Or. en

Justification

Under the Parliament’s position in the ReceptionConditions Directive, the applicant has access to the labour market two months after making his or her application (if no decision has been reached).The registration document should therefore indicate simply the date on which the applicant is permitted to start working.

 

Amendment    982

Marina Albiol Guzmán

 

Proposal for a regulation

Article 29 – paragraph 2 – point f a (new)

 

Text proposed by the Commission

Amendment

 

(f a)  Where the data referred to in 27(1)(a) includes an applicant's gender identity that differs from their legal gender, the document shall mention the name, gender marker, and other gendered data corresponding to the gender identity of the applicant.

Or. en

 

Amendment    983

Emil Radev

 

Proposal for a regulation

Article 29 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where, following a procedure of determination in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), another Member State is designated as responsible for the examination of the application, the authorities of that Member State shall provide the applicant with a document referred to in paragraph 2 within three working days from the transfer of the applicant to that Member State.

deleted

Or. bg

 

Amendment    984

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 29 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where, following a procedure of determination in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), another Member State is designated as responsible for the examination of the application, the authorities of that Member State shall provide the applicant with a document referred to in paragraph 2 within three working days from the transfer of the applicant to that Member State.

3.  Where, following a procedure of determination in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), another Member State is designated as responsible for the examination of the application, the authorities of that Member State shall provide the applicant with a document referred to in paragraph 1 within three working days from the transfer of the applicant to that Member State.

Or. en

 

Amendment    985

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 29 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3 a.  The determining authority shall provide the applicant with a document certifying that an application has been lodged in accordance with Article 28 and listing the elements submitted by the applicant, upon lodging the application.

Or. en

 

Amendment    986

Péter Niedermüller, Elly Schlein, Cécile Kashetu Kyenge, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 29 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The document referred to in paragraph 2 shall be valid for a period of six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.

The document referred to in paragraph 2 shall be valid for a period of six months and shall be renewed automatically where no final decision has yet been reached on the application for international protection, ensuring that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.

Or. en

Justification

It is important to ensure the automatic nature of the renewal of the document certifying the applicant’s right to remain (in the absence of a final decision on the application).

 

Amendment    987

Miltiadis Kyrkos

 

Proposal for a regulation

Article 29 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The document referred to in paragraph 2 shall be valid for a period of six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.

The document referred to in paragraph 2 shall be valid for a period of at least two weeks but no more than 12 months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.

Or. en

 

Amendment    988

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 29 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The document referred to in paragraph 2 shall be valid for a period of six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.

The document referred to in paragraph 1 shall be valid for a period of at least six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.

Or. en

 

Amendment    989

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 29 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The document referred to in paragraph 2 shall be valid for a period of six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.

The document referred to in paragraph 2 shall be valid for a period of twelve months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.

Or. en

Justification

A short period of validity would imply additional work for our administrative authorities with regards to the continuous need to prolong these documents. A longer validity period should reduce the need for administrative work and would not give a more extensive right to remain if the right has been terminated or suspended as per the next paragraph.

 

Amendment    990

Jussi Halla-aho

 

Proposal for a regulation

Article 29 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The document referred to in paragraph 2 shall be valid for a period of six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.

The document referred to in paragraph 2 shall be valid for a period of five months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.

Or. en

Justification

Linked to the amendment to Article 34 shortening the time-limit for normal examination procedure from six to five months.

 

Amendment    991

Marina Albiol Guzmán

 

Proposal for a regulation

Article 29 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

The period of validity indicated on the document does not constitute a right to remain where that right was terminated or suspended.

The period of validity indicated on the document constitutes a right to remain.

Or. en

 

Amendment    992

Péter Niedermüller, Birgit Sippel, Ana Gomes, Josef Weidenholzer

 

Proposal for a regulation

Article 29 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  The Commission may specify the form and content of the documents to be given to the applicants at registration and lodging by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

5.  The Commission shall specify the form and content of the documents to be given to the applicants at registration and lodging by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

Or. en

Justification

If we want a harmonised approach to procedures, the Member States should issue similar documents certifying the right to remain. An implementing act laying down the form and content of such a document should therefore be adopted.

 

Amendment    993

Péter Niedermüller, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 30 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1.  Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:

1.  The responsible authorities shall inform third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, of the possibility to apply for international protection, in particular, where:

Or. en

Justification

Third country nationals who are in detention facilities or held at border crossing points should always be informed of their right to apply for international protection.

 

Amendment    994

Marina Albiol Guzmán

 

Proposal for a regulation

Article 30 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1.  Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:

1.  Where there are indications, including information from NGOs, that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them and provide possibility to apply for international protection, in particular, where:

Or. en

 

Amendment    995

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 30 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1.  Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:

1.  The responsible authorities shall inform all third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders and that may need international protection of the possibility to apply for international protection

Or. en

Justification

The information should be provided to all, not just the specified groups.

 

Amendment    996

Jeroen Lenaers

 

Proposal for a regulation

Article 30 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1.  Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:

1.  Member States shall assess whether third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, are in need of international protection. If so, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:

Or. en

 

Amendment    997

Brice Hortefeux, Rachida Dati

 

Proposal for a regulation

Article 30 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1.  Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:

(Does not affect the English version.)

Or. fr

 

Amendment    998

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 30 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1.  Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:

1.  The responsible authorities shall inform all third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders of the right to apply for international protection and promptly refer them to the competent asylum authorities.

Or. en

Justification

All third country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders, shall be promptly informed by the competent authorities of their right to apply for international protection. Children and vulnerable persons shall not be placed in detention facilities or held at border or transit zones.

 

Amendment    999

Jussi Halla-aho

 

Proposal for a regulation

Article 30 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1.  Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:

1.  Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection.

Or. en

 

Amendment    1000

Jussi Halla-aho

 

Proposal for a regulation

Article 30 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a)  it is likely that the person is an unaccompanied minor;

deleted

Or. en

 

Amendment    1001

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 30 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a)  it is likely that the person is an unaccompanied minor;

deleted

Or. en

Justification

All third country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders, shall be promptly informed by the competent authorities of their right to apply for international protection. Children and vulnerable persons shall not be placed in detention facilities or held at border or transit zones.

 

Amendment    1002

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 30 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a)  it is likely that the person is an unaccompanied minor;

deleted

Or. en

Justification

Relates to the amendment on 30(1)

 

Amendment    1003

Jussi Halla-aho

 

Proposal for a regulation

Article 30 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  there are obvious indications that the person suffers from mental or other disorders that render him or her unable to ascertain a need for international protection;

deleted

Or. en

 

Amendment    1004

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 30 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  there are obvious indications that the person suffers from mental or other disorders that render him or her unable to ascertain a need for international protection;

deleted

Or. en

Justification

Relates to the amendment on 30(1)

 

Amendment    1005

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 30 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  there are obvious indications that the person suffers from mental or other disorders that render him or her unable to ascertain a need for international protection;

deleted

Or. en

Justification

All third country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders, shall be promptly informed by the competent authorities of their right to apply for international protection. Children and vulnerable persons shall not be placed in detention facilities or held at border or transit zones.

 

Amendment    1006

Jussi Halla-aho

 

Proposal for a regulation

Article 30 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c)  the person has arrived from a specific country of origin and it is likely that he or she is in need of international protection due to a well-known situation in that third country.

deleted

Or. en

 

Amendment    1007

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 30 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c)  the person has arrived from a specific country of origin and it is likely that he or she is in need of international protection due to a well-known situation in that third country.

deleted

Or. en

 

Amendment    1008

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 30 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c)  the person has arrived from a specific country of origin and it is likely that he or she is in need of international protection due to a well-known situation in that third country.

deleted

Or. en

Justification

Relates to the amendment on 30(1)

 

Amendment    1009

Elissavet Vozemberg-Vrionidi

 

Proposal for a regulation

Article 30 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

Organisations and persons providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.

Organisations and persons accredited under national law for providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.

Or. en

Justification

Need to clarify which organisations and persons have this access according to national law.

 

Amendment    1010

Miltiadis Kyrkos

 

Proposal for a regulation

Article 30 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

Organisations and persons providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.

Organisations and persons accredited under national law for providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.

Or. en

 

Amendment    1011

Jussi Halla-aho

 

Proposal for a regulation

Article 30 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

Organisations and persons providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.

Persons providing advice may be given access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.

Or. en

 

Amendment    1012

Marina Albiol Guzmán

 

Proposal for a regulation

Article 30 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

Member States may impose limits to such access where, by virtue of national law, they are necessary for the security, public order or administrative management of a border crossing point or of a detention facility, provided that access is not severely restricted or rendered impossible.

deleted

Or. en

 

Amendment    1013

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 30 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

Member States may impose limits to such access where, by virtue of national law, they are necessary for the security, public order or administrative management of a border crossing point or of a detention facility, provided that access is not severely restricted or rendered impossible.

Member States may impose limits to such access where, by virtue of national law, they are necessary for the security or public order of a border crossing point or of a detention facility, provided that access is not severely restricted or rendered impossible. Access to legal representatives shall be ensured in all circumstances.

Or. en

 

Amendment    1014

Péter Niedermüller, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 30 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

Member States may impose limits to such access where, by virtue of national law, they are necessary for the security, public order or administrative management of a border crossing point or of a detention facility, provided that access is not severely restricted or rendered impossible.

Member States may impose limits to such access where, by virtue of national law, they are necessary for the security or public order of a border crossing point or of a detention facility, provided that access is not severely restricted or rendered impossible.

Or. en

Justification

Access to detention facilities or border crossing points should not be limited on the grounds of “administrative management”.

 

Amendment    1015

Sergei Stanishev

 

Proposal for a regulation

Article 31 – title

 

Text proposed by the Commission

Amendment

Applications on behalf of a spouse, partner, minor or dependent adult

Joint examination of applications

Or. en

Justification

In line with previous amendments to provide a possibility for Member States for joint examination of applications.

 

Amendment    1016

Kinga Gál

 

Proposal for a regulation

Article 31 – title

 

Text proposed by the Commission

Amendment

Applications on behalf of a spouse, partner, minor or dependent adult

Applications on behalf of a spouse, minor or dependent adult

Or. hu

 

Amendment    1017

Emil Radev

 

Proposal for a regulation

Article 31 – title

 

Text proposed by the Commission

Amendment

Applications on behalf of a spouse, partner, minor or dependent adult

Applications on behalf of a minor or dependent adult

Or. bg

 

Amendment    1018

Filiz Hyusmenova

 

Proposal for a regulation

Article 31 – title

 

Text proposed by the Commission

Amendment

Applications on behalf of a spouse, partner, minor or dependent adult

Applications on behalf of a minor or dependent adult

Or. en

Justification

An application for international protection should be made in person from the applicants who have the legal capacity to do so. As regards to the family members of the applicant, the rules of family reunification should apply

 

Amendment    1019

Jeroen Lenaers

 

Proposal for a regulation

Article 31 – title

 

Text proposed by the Commission

Amendment

Applications on behalf of a spouse, partner, minor or dependent adult

Applications on behalf of a minor or dependent adult

Or. en

 

Amendment    1020

Sergei Stanishev

 

Proposal for a regulation

Article 31 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors or dependent adults without legal capacity.

1.  Member States may decide to examine an application for international protection of an applicant jointly with the applications of family members, provided that they are on the territory of the same Member State.

Or. en

Justification

The right of asylum is personal and the personal declaration of intention should not be superseded. Provisions for submitting applications on behalf of other persons may lead to misuse by human trafficking networks. The regulation should envisage a possibility for Member States to examine applications of family members jointly, which is the underlying intention of the text proposed by the Commission.

 

Amendment    1021

Jeroen Lenaers

 

Proposal for a regulation

Article 31 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors or dependent adults without legal capacity.

1.  An applicant may lodge an application on behalf of minors or dependent adults without legal capacity.

Or. en

 

Amendment    1022

Filiz Hyusmenova

 

Proposal for a regulation

Article 31 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors or dependent adults without legal capacity.

1.  An applicant may lodge an application on behalf of minors or dependent adults without legal capacity.

Or. en

Justification

Relates to the modification of article 31 - title

 

Amendment    1023

Emil Radev

 

Proposal for a regulation

Article 31 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors or dependent adults without legal capacity.

1.  An applicant may lodge an application on behalf of his or her children under the age of legal responsibility or dependent adult children without legal capacity.

Or. bg

 

Amendment    1024

Kinga Gál

 

Proposal for a regulation

Article 31 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors or dependent adults without legal capacity.

1.  An applicant may lodge an application on behalf of his or her spouse, minors or dependent adults without legal capacity.

Or. hu

 

Amendment    1025

Monika Hohlmeier, Heinz K. Becker

 

Proposal for a regulation

Article 31 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors or dependent adults without legal capacity.

1.  An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minor children or dependent adults without legal capacity.

Or. en

 

Amendment    1026

Sergei Stanishev

 

Proposal for a regulation

Article 31 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The spouse or partner referred to in paragraph 1 shall be informed in private of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunity to lodge an application in his or her own name.

deleted

Or. en

 

Amendment    1027

Filiz Hyusmenova

 

Proposal for a regulation

Article 31 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The spouse or partner referred to in paragraph 1 shall be informed in private of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunity to lodge an application in his or her own name.

deleted

Or. en

Justification

Relates to the modification of art. 31 - title

 

Amendment    1028

Jeroen Lenaers

 

Proposal for a regulation

Article 31 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The spouse or partner referred to in paragraph 1 shall be informed in private of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunity to lodge an application in his or her own name.

deleted

Or. en

 

Amendment    1029

Emil Radev

 

Proposal for a regulation

Article 31 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The spouse or partner referred to in paragraph 1 shall be informed in private of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunity to lodge an application in his or her own name.

deleted

Or. bg

 

Amendment    1030

Péter Niedermüller, Birgit Sippel, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 31 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The spouse or partner referred to in paragraph 1 shall be informed in private of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunity to lodge an application in his or her own name.

2.  The spouse or partner referred to in paragraph 1 shall be informed in private by the determining authority of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be entitled to lodge an application in his or her own name.

Or. en

Justification

The Commission text does not explain on whom the obligation rests to inform the spouse or partner of the procedural consequences of allowing an application to be lodged on his or her behalf.We believe it must rest on the determining authority.

 

Amendment    1031

Kinga Gál

 

Proposal for a regulation

Article 31 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The spouse or partner referred to in paragraph 1 shall be informed in private of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunity to lodge an application in his or her own name.

2.  The spouse referred to in paragraph 1 shall be informed in private of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse does not consent to the lodging of an application on his or her behalf,he or she shall be given an opportunity to lodge an application in his or her own name.

Or. hu

 

Amendment    1032

Filiz Hyusmenova

 

Proposal for a regulation

Article 31 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.

deleted

Or. en

Justification

Relates to the modification of art. 31 - title

 

Amendment    1033

Sergei Stanishev

 

Proposal for a regulation

Article 31 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.

deleted

Or. en

 

Amendment    1034

Jeroen Lenaers

 

Proposal for a regulation

Article 31 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.

deleted

Or. en

 

Amendment    1035

Emil Radev

 

Proposal for a regulation

Article 31 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.

deleted

Or. bg

 

Amendment    1036

Péter Niedermüller, Birgit Sippel, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 31 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.

3.  Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the 15 working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another 15 working-day period starting from the expiry of the first 15 working-day period.

Or. en

Justification

The rules for rejecting applications as abandoned are laid down in Article 39 and do not need to be repeated here.

 

Amendment    1037

Marina Albiol Guzmán

 

Proposal for a regulation

Article 31 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.

3.  Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the twenty working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another twenty working-day period starting from the expiry of the first twenty working-day period.

Or. en

 

Amendment    1038

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 31 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.

3.  Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the 20 working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another 20 working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further 20 working days, the examination of the application shall be discontinued.

Or. en

 

Amendment    1039

Kinga Gál

 

Proposal for a regulation

Article 31 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.

3.  Where an applicant does not lodge an application on behalf of his or her spouse as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.

Or. hu

 

Amendment    1040

Jeroen Lenaers

 

Proposal for a regulation

Article 31 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.

deleted

Or. en

 

Amendment    1041

Sergei Stanishev

 

Proposal for a regulation

Article 31 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.

deleted

Or. en

 

Amendment    1042

Jussi Halla-aho

 

Proposal for a regulation

Article 31 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.

4.  Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of and with the consent of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.

Or. en

 

Amendment    1043

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 31 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.

4.  Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the 20 working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.

Or. en

 

Amendment    1044

Péter Niedermüller, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 31 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.

4.  Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the 15 working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.

Or. en

Justification

Consistency with earlier amendments.

 

Amendment    1045

Marina Albiol Guzmán

 

Proposal for a regulation

Article 31 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.

4.  Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the twenty working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, facts indicate the dependent adult may need international protection.

Or. en

 

Amendment    1046

Jeroen Lenaers

 

Proposal for a regulation

Article 31 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  Where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adults without legal capacity, each of those persons shall be given the opportunity of a personal interview.

deleted

Or. en

 

Amendment    1047

Sergei Stanishev

 

Proposal for a regulation

Article 31 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  Where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adults without legal capacity, each of those persons shall be given the opportunity of a personal interview.

deleted

Or. en

 

Amendment    1048

Filiz Hyusmenova

 

Proposal for a regulation

Article 31 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  Where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adults without legal capacity, each of those persons shall be given the opportunity of a personal interview.

5.  Where a person has lodged an application on behalf of dependent adults without legal capacity, those persons shall be given the opportunity of a personal interview.

Or. en

Justification

Relates to the modification of art. 31 - title

 

Amendment    1049

Emil Radev

 

Proposal for a regulation

Article 31 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  Where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adults without legal capacity, each of those persons shall be given the opportunity of a personal interview.

5.  Where a person has lodged an application on behalf of his or her dependent adult children without legal capacity, each of those persons shall be given the opportunity of a personal interview.

Or. bg

 

Amendment    1050

Kinga Gál

 

Proposal for a regulation

Article 31 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  Where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adults without legal capacity, each of those persons shall be given the opportunity of a personal interview.

5.  Where a person has lodged an application on behalf of his or her spouse or dependent adults without legal capacity, each of those persons shall be given the opportunity of a personal interview.

Or. hu

 

Amendment    1051

Sergei Stanishev

 

Proposal for a regulation

Article 31 – paragraph 7

 

Text proposed by the Commission

Amendment

7.  In the case of an accompanied minor, the lodging of an application by the adult responsible for him or her as referred to in paragraph 6 shall also be considered to be the lodging of an application for international protection on behalf of the minor.

deleted

Or. en

 

Amendment    1052

Jeroen Lenaers

 

Proposal for a regulation

Article 31 – paragraph 8

 

Text proposed by the Commission

Amendment

8.  Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application.

deleted

Or. en

 

Amendment    1053

Sergei Stanishev

 

Proposal for a regulation

Article 31 – paragraph 8

 

Text proposed by the Commission

Amendment

8.  Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application.

deleted

Or. en

 

Amendment    1054

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi, Carlos Coelho

 

Proposal for a regulation

Article 31 – paragraph 8

 

Text proposed by the Commission

Amendment

8.  Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application.

8.  Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application and given an effective opportunity to do so within the ten working days provided for in Article 28(1) if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not have the legal capacity to act in procedures according to the national law of the Member State concerned, the determining authority shall act on behalf of the minor, with due regard to his or her views

Or. en

 

Amendment    1055

Péter Niedermüller, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 31 – paragraph 8

 

Text proposed by the Commission

Amendment

8.  Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application.

8.  Where the adult responsible for the accompanied minor does not make an application for himself or herself, the responsible authorities shall clearly inform the accompanied minor of the procedure for lodging an application in his or her own name at the time of the making of his or her application.

Or. en

Justification

The Commission text does not explain on whom the obligation rests to inform the accompanied minor. We believe it must rest on the determining authority. In addition, the reference to a possibility to lodge an application is misleading,as it is an obligation on the applicant to lodge the application.

 

Amendment    1056

Jeroen Lenaers

 

Proposal for a regulation

Article 31 – paragraph 9

 

Text proposed by the Commission

Amendment

9.  Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working-day period starting from the expiry of the first ten working-day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.

deleted

Or. en

 

Amendment    1057

Sergei Stanishev

 

Proposal for a regulation

Article 31 – paragraph 9

 

Text proposed by the Commission

Amendment

9.  Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working-day period starting from the expiry of the first ten working-day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.

deleted

Or. en

 

Amendment    1058

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi, Carlos Coelho

 

Proposal for a regulation

Article 31 – paragraph 9

 

Text proposed by the Commission

Amendment

9.  Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working-day period starting from the expiry of the first ten working-day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.

9.  Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility and the procedure to lodge his or her application in his or her own name and given an effective opportunity to do so within a further ten working-day period starting from the moment the minor is informed if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39. Where the minor does not have the legal capacity to act in procedures according to the national law of the Member State concerned, the determining authority shall act on behalf of the minor, with due regard to his or her views.

Or. en

 

Amendment    1059

Péter Niedermüller, Ana Gomes, Josef Weidenholzer

 

Proposal for a regulation

Article 31 – paragraph 9

 

Text proposed by the Commission

Amendment

9.  Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working-day period starting from the expiry of the first ten working-day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.

9.  Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the 15 working days provided for in Article 28(1), the minor shall be informed of the procedure for lodging his or her application in his or her own name and given an opportunity to do so within a further 15 working-day period starting from the expiry of the first 15 working-day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned.

Or. en

Justification

Consistency with earlier amendments to this Article.

 

Amendment    1060

Marina Albiol Guzmán

 

Proposal for a regulation

Article 31 – paragraph 9

 

Text proposed by the Commission

Amendment

9.  Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working-day period starting from the expiry of the first ten working-day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.

9.  Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the twenty working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further twenty working-day period starting from the expiry of the first twenty working-day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further twenty working days, the authority with responsibility under Article 5 shall lodge an application on behalf of the minor.

Or. en

 

Amendment    1061

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 31 – paragraph 9

 

Text proposed by the Commission

Amendment

9.  Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working-day period starting from the expiry of the first ten working-day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.

9.  Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the 20 working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further 20 working-day period starting from the expiry of the first 20 working-day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further 20 working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.

Or. en

 

Amendment    1062

Péter Niedermüller, Caterina Chinnici, Ana Gomes, Josef Weidenholzer

 

Proposal for a regulation

Article 31 – paragraph 10

 

Text proposed by the Commission

Amendment

10.  For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application.

deleted

Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.

 

Or. en

Justification

This text is misleading. Each application must be considered individually. The rules governing admissibility procedures are laid down elsewhere. There is no need for such a paragraph. It is not present in the existing Asylum Procedures Directive.

 

Amendment    1063

Sergei Stanishev

 

Proposal for a regulation

Article 31 – paragraph 10

 

Text proposed by the Commission

Amendment

10.  For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application.

deleted

Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.

 

Or. en

Justification

In line with previous amendments to remove admissibility checks as a requirement before applying the Dublin Regulation.

 

Amendment    1064

Jeroen Lenaers

 

Proposal for a regulation

Article 31 – paragraph 10 – subparagraph 1

 

Text proposed by the Commission

Amendment

For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application.

deleted

Or. en

 

Amendment    1065

Emil Radev

 

Proposal for a regulation

Article 31 – paragraph 10 – subparagraph 1

 

Text proposed by the Commission

Amendment

For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application.

For the purpose of taking a decision on the admissibility of an application in case of a separate application by a minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the minor which justify a separate application.

Or. bg

 

Amendment    1066

Filiz Hyusmenova

 

Proposal for a regulation

Article 31 – paragraph 10 – subparagraph 1

 

Text proposed by the Commission

Amendment

For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application.

For the purpose of taking a decision on the admissibility of an application in case of a separate application by a minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the minor which justify a separate application.

Or. en

Justification

Relates to the modification of art. 31 - title

 

Amendment    1067

Kinga Gál

 

Proposal for a regulation

Article 31 – paragraph 10 – subparagraph 1

 

Text proposed by the Commission

Amendment

For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application.

For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse or minor which justify a separate application.

Or. hu

 

Amendment    1068

Marina Albiol Guzmán

 

Proposal for a regulation

Article 31 – paragraph 10 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.

Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits.

Or. en

 

Amendment    1069

Emil Radev

 

Proposal for a regulation

Article 31 – paragraph 10 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.

Where there are facts relating to the situation of the minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the minor.

Or. bg

 

Amendment    1070

Filiz Hyusmenova

 

Proposal for a regulation

Article 31 – paragraph 10 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.

Where there are facts relating to the situation of the minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the minor.

Or. en

Justification

Relates to the modification of art. 31 - title

 

Amendment    1071

Kinga Gál

 

Proposal for a regulation

Article 31 – paragraph 10 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.

Where there are facts relating to the situation of the spouse or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.

Or. hu

 

Amendment    1072

Jeroen Lenaers

 

Proposal for a regulation

Article 31 – paragraph 10 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.

Where there are facts relating to the situation of minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.

Or. en

 

Amendment    1073

Péter Niedermüller, Birgit Sippel, Ana Gomes, Josef Weidenholzer, Caterina Chinnici

 

Proposal for a regulation

Article 32 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  An unaccompanied minor shall lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned, or his or her guardian shall lodge it on his or her behalf. The guardian shall assist and properly inform the unaccompanied minor of how and where an application is to be lodged.

1.  An unaccompanied minor shall lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned, or his or her guardian shall lodge it on his or her behalf. Without prejudice to the unaccompanied minors right to legal assistance and representation in accordance with Article 14 and 15, the guardian shall assist and properly inform the unaccompanied minor of how and where an application is to be lodged.

Or. en

Justification

All unaccompanied minors enjoy the same right to legalassistance and representation as any other applicant, including the right tofree legal assistance and representation.This should be available before thelodging of the application.

 

Amendment    1074

Emil Radev

 

Proposal for a regulation

Article 32 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.

2.  Where his or her guardian does not lodge an application on behalf of the unaccompanied minor, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.

Or. bg

 

Amendment    1075

Péter Niedermüller, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 32 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.

2.  In the case of an unaccompanied minor, the 15 working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those 15 working days, the determining authority shall lodge an application on behalf of the unaccompanied minor.

Or. en

Justification

Consistency with earlier amendments. As this paragraph deals with the lodging of an application that has already been made, the determining authority cannot decide, at this stage, whether the minor needs international protection before the substantive examination of the application. Since the unaccompanied minor has already made the application, the application should be lodged on his or her behalf.

 

Amendment    1076

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi

 

Proposal for a regulation

Article 32 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.

2.  In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor.

Or. en

 

Amendment    1077

Marina Albiol Guzmán

 

Proposal for a regulation

Article 32 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.

2.  In the case of an unaccompanied minor, the twenty working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those twenty working days, the determining authority shall lodge an application on behalf of the unaccompanied minor.

Or. en

 

Amendment    1078

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 32 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.

2.  In the case of an unaccompanied minor, the 20 working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those 20 working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.

Or. en

 

Amendment    1079

Jussi Halla-aho

 

Proposal for a regulation

Article 32 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The bodies referred to in Article 10 of Directive 2008/115/EC shall have the right to lodge an application for international protection on behalf of an unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, those bodies are of the opinion that the minor may need international protection.

deleted

Or. en

 

Amendment    1080

Marina Albiol Guzmán

 

Proposal for a regulation

Article 33 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application. The determining authority shall examine applications objectively, impartially and on an individual basis. For the purpose of examining the application, it shall take the following into account:

deleted

(a) the relevant statements and documentation presented by the applicant including information on whether the applicant has been or may be subject to persecution or serious harm;

 

(b) all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights organisations, or from other sources;

 

(c) the common analysis of the country of origin information referred to in Article 10 of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation);

 

(d) the individual position and personal circumstances of the applicant, including factors such as background, gender, age, sexual orientation and gender identity so as to assess whether, on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

 

(e) whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities would expose the applicant to persecution or serious harm if returned to that country;

 

(f) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship.

 

Or. en

 

Amendment    1081

Sergei Stanishev

 

Proposal for a regulation

Article 33 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2.  The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application. The determining authority shall examine applications objectively, impartially and on an individual basis. For the purpose of examining the application, it shall take the following into account:

2.  The determining authority shall examine applications objectively, impartially and on an individual basis. For the purpose of examining the application, it shall take the following into account:

Or. en

Justification

In line with previous amendments to remove admissibility checks as a requirement before applying the Dublin Regulation.

 

Amendment    1082

Péter Niedermüller, Ana Gomes, Josef Weidenholzer

 

Proposal for a regulation

Article 33 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2.  The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application. The determining authority shall examine applications objectively, impartially and on an individual basis. For the purpose of examining the application, it shall take the following into account:

2.  The determining authority shall take decisions on applications for international protection after an appropriate examination of an application. The determining authority shall examine applications objectively, impartially and on an individual basis. For the purpose of examining the application, it shall take the following into account:

Or. en

Justification

In line with our amendments to make the admissibility test purely optional, the determining authority is not obliged to examine the admissibility of each application.

 

Amendment    1083

Jussi Halla-aho

 

Proposal for a regulation

Article 33 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b)  all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights organisations, or from other sources;

(b)  all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum.

Or. en

 

Amendment    1084

Anna Maria Corazza Bildt, Caterina Chinnici, Hilde Vautmans, Barbara Matera, Damiano Zoffoli, Michaela Šojdrová, Brando Benifei, Lara Comi, Barbara Kudrycka, Carlos Coelho

 

Proposal for a regulation

Article 33 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b)  all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights organisations, or from other sources;

(b)  all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights and child-focused organisations, or from other sources;

Or. en

 

Amendment    1085

Jussi Halla-aho

 

Proposal for a regulation

Article 33 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d)  the individual position and personal circumstances of the applicant, including factors such as background, gender, age, sexual orientation and gender identity so as to assess whether, on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

(d)  the individual position and personal circumstances of the applicant so as to assess whether, on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

Or. en

 

Amendment    1086

Emil Radev

 

Proposal for a regulation

Article 33 – paragraph 2 – point г

 

Text proposed by the Commission

Amendment

(d)  the individual position and personal circumstances of the applicant, including factors such as background, gender, age, sexual orientation and gender identity so as to assess whether, on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

(d)  the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether, on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

Or. bg

 

Amendment    1087

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar

 

Proposal for a regulation

Article 33 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e)  whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities would expose the applicant to persecution or serious harm if returned to that country;

deleted

Or. en

Justification

This provision assumes that applicants for international protections should be considered with suspicion for exercising fundamental freedoms that they have every right to enjoy even if they put them at risk. As such the provision should be deleted.

 

Amendment    1088

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 33 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e)  whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities would expose the applicant to persecution or serious harm if returned to that country;

deleted

Or. en

 

Amendment    1089

Jeroen Lenaers

 

Proposal for a regulation

Article 33 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e)  whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities would expose the applicant to persecution or serious harm if returned to that country;

(e)  Whether, since leaving the country of origin, the applicant was engaged in activities for the sole or main purpose of creating the necessary conditions for applying for international protection

Or. en

 

Amendment    1090

Péter Niedermüller, Ana Gomes, Josef Weidenholzer

 

Proposal for a regulation

Article 33 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e)  whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities would expose the applicant to persecution or serious harm if returned to that country;

(e)  whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole purpose of being granted international protection. This shall exclude any circumstances independent of the applicant's will, including but not limited to his or her sexual orientation and religious beliefs, which the applicant may have concealed to various degrees while in the country of origin.

Or. en

Justification

Aligned with the wording adopted in the Qualifications Regulation.

 

Amendment    1091

Péter Niedermüller, Ana Gomes, Josef Weidenholzer

 

Proposal for a regulation

Article 33 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f)  whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship.

deleted

Or. en

Justification

Union law should not encourage Member States to abdicate their responsibility to provide international protection to those in need.

 

Amendment    1092

Jeroen Lenaers

 

Proposal for a regulation

Article 33 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f)  whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship.

(f)  whether it could reasonably be expected of the applicant that he or she can avail himself or herself of the protection of another country where he or she could assert citizenship.

Or. en

 

Amendment    1093

Jussi Halla-aho

 

Proposal for a regulation

Article 33 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f)  whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship.

(f)  whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship or residence status.

Or. en

 

Amendment    1094

Kinga Gál

 

Proposal for a regulation

Article 33 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f)  whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship.

(f)  whether the applicant could reasonably be expected to avail himself or herself of the protection of another country.

Or. hu

 

Amendment    1095

Péter Niedermüller, Caterina Chinnici, Ana Gomes, Josef Weidenholzer, Claude Moraes

 

Proposal for a regulation

Article 33 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2 a.  Where, at any time before a final decision has been taken on application for international protection, the applicant is granted an EU Blue Card in accordance with Directive xxx/xxx (on the conditions of entry and residence of third country nationals for the purpose of highly skilled employment), that application shall be postponed. That postponement shall last until the EU Blue Card - and any renewal of the EU Blue Card - has expired and the applicant has returned to the Member State responsible for the application of international protection.

All the relevant time-limits, in respect of that application for international protection, as laid down in this Regulation shall be postponed accordingly. Those time-limits shall start to run again only once the applicant has returned to the Member State responsible for the application for international protection.

An applicant for international protection who is granted an EU Blue Card may explicitly withdraw his or her application for international protection at any time during the validity of the EU Blue Card in accordance with Article 38.The determining authority shall not consider an application for international protection to be implicitly withdrawn in accordance with Article 39 on the ground that the applicant has become an EU Blue Card holder.

Or. en

Justification

This amendment is designed to reflect the position adopted by the Parliament on the EU Blue Card Directive, opening up the possibility for those applicants for international protection who already have access to the labour market under the EU Asylum rules to apply for an EU Blue Card, and to be granted such a Blue Card if they fulfil all the conditions laid down in that Directive. For that purpose, it is necessary to establish that the application for international protection will not cease upon the granting of an EU Blue Card but shall not be further processed until such time as the EU Blue Card has expired.

 

Amendment    1096

Péter Niedermüller, Josef Weidenholzer, Ana Gomes, Caterina Chinnici

 

Proposal for a regulation

Article 33 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law. They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).

3.  The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law and shall have completed the necessary training in accordance with Article 7 (3) Regulation (EU) XXX/XXX (EU Asylum Agency Regulation).They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious, mental health, and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).

Or. en

Justification

It is crucial to ensure sufficient training as training has a key role to ensure in proper procedures.

 

Amendment    1097

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 33 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law. They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).

3.  The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law and shall have completed the necessary training under Regulation (EU) XXX/XXX (EU Asylum Agency Regulation). They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).

Or. en

 

Amendment    1098

Ska Keller

on behalf of the Verts/ALE Group

Bodil Valero, Judith Sargentini

 

Proposal for a regulation

Article 33 – paragraph 5 – introductory part

 

Text proposed by the Commission

Amendment

5.  An examination of an application for international protection may be prioritised in accordance with the basic principles and guarantees of Chapter II, in particular, where:

5.  An examination of an application for international protection may be prioritised in accordance with the basic principles and guarantees of Chapter II, in particular, where the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees as referred to in Articles 19 to 22 of this Regulation.

Or. en

 

Amendment    1099

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 33 – paragraph 5 – point a

 

Text proposed by the Commission

Amendment

(a)  the application is likely to be well-founded;

deleted

Or. en

 

Amendment    1100

Marina Albiol Guzmán

 

Proposal for a regulation

Article 33 – paragraph 5 – point a

 

Text proposed by the Commission

Amendment

(a)  the application is likely to be well-founded;

deleted

Or. en

 

Amendment    1101

Jeroen Lenaers

 

Proposal for a regulation

Article 33 – paragraph 5 – point a

 

Text proposed by the Commission

Amendment

(a)  the application is likely to be well-founded;

(a)  the application is prima facie regarded as likely to be well-founded;

Or. en

 

Amendment    1102

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 33 – paragraph 5 – point b

 

Text proposed by the Commission

Amendment

(b)  the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees, in particular where he or she is an unaccompanied minor.

deleted

Or. en

 

Amendment    1103

Péter Niedermüller, Kati Piri, Caterina Chinnici, Ana Gomes, Josef Weidenholzer

 

Proposal for a regulation

Article 33 – paragraph 5 – point b

 

Text proposed by the Commission

Amendment

(b)  the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees, in particular where he or she is an unaccompanied minor.

(b)  the applicant has specific reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees in accordance with Articles 19 to 22 of this Regulation, in particular where he or she is an unaccompanied minor.

Or. en

Justification

Consistency with earlier amendments.

 

Amendment    1104

Jeroen Lenaers

 

Proposal for a regulation

Article 33 – paragraph 5 – point b

 

Text proposed by the Commission

Amendment

(b)  the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees, in particular where he or she is an unaccompanied minor.

(b)  the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees as referred to in Articles 19 to 22 of this Regulation, in particular where he or she is an unaccompanied minor.

Or. en

 

Amendment    1105

Jussi Halla-aho

 

Proposal for a regulation

Article 33 – paragraph 5 – point b

 

Text proposed by the Commission

Amendment

(b)  the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees, in particular where he or she is an unaccompanied minor.

(b)  the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees

Or. en

 

Amendment    1106

Cecilia Wikström, Sophia in 't Veld, Angelika Mlinar, Filiz Hyusmenova

 

Proposal for a regulation

Article 33 – paragraph 5 – point b

 

Text proposed by the Commission

Amendment

(b)  the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees, in particular where he or she is an unaccompanied minor.

(b)  the applicant has specific reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of specific procedural guarantees, in particular where he or she is an unaccompanied minor.

Or. en

Justification

Aligns the terminology with the EP position on other CEAS instruments, notably the Reception Conditions Directive

 

Amendment    1107

Carlos Coelho

 

Proposal for a regulation

Article 33 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5 a.  The European Agency for Asylum shall be a centre for gathering relevant, reliable, objective, accurate and up-to date information on relevant third countries in a transparent and impartial manner, making use of relevant information, including child-specific and gender-specific information, as well as targeted information on persons belonging to vulnerable groups as provided in Articles 8 and 9 in the Regulation (EU) XXX/XXX (on the European Agency for Asylum).

Or. en

 

Amendment    1108

Carlos Coelho

 

Proposal for a regulation

Article 33 – paragraph 5 b (new)

 

Text proposed by the Commission

Amendment

 

5 b.  The European Agency for Asylum shall regularly review the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX [SCO/APR] or designated as safe third countries at Union level in accordance with Regulation (EU) No XXX/XXX [APR], including those that have been suspended by the Commission and those that have been removed from that list.

Or. en

 

Amendment    1109

Sergei Stanishev

 

Proposal for a regulation

Article 34 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The examination to determine the admissibility of an application in accordance with Article 36(1) shall not take longer than one month from the lodging of an application.

deleted

The time-limit for such examination shall be ten working days where, in accordance with Article 3(3)(a) of Regulation (EU) No XXX/XXX (Dublin Regulation), the Member State of first application applies the concept of first country of asylum or safe third country referred to in Article 36(1)(a) and (b).

 

Or. en

Justification

In line with previous amendments to remove admissibility checks as a requirement before applying the Dublin Regulation.

 

Amendment    1110

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The examination to determine the admissibility of an application in accordance with Article 36(1) shall not take longer than one month from the lodging of an application.

The examination to determine the admissibility of an application in accordance with Article 36(1) shall not take longer than one month from the lodging of an application. Where the determining authority does not determine the admissibility of an application within one month, it shall continue the examination of the application in accordance with paragraph 2 and 3 and Article 37 and shall inform the applicant accordingly.

Or. en

 

Amendment    1111

Péter Niedermüller, Caterina Chinnici, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The examination to determine the admissibility of an application in accordance with Article 36(1) shall not take longer than one month from the lodging of an application.

Where applicable, the examination to determine the admissibility of an application in accordance with Article 36(1) shall not take longer than one month from the lodging of an application.

Or. en

Justification

In line with other amendments to make the admissibility test as optional. A time-limit on an admissibility test can apply only where such a test is actually used.

 

Amendment    1112

Péter Niedermüller, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

The time-limit for such examination shall be ten working days where, in accordance with Article 3(3)(a) of Regulation (EU) No XXX/XXX (Dublin Regulation), the Member State of first application applies the concept of first country of asylum or safe third country referred to in Article 36(1)(a) and (b).

deleted

Or. en

Justification

Whatever reasons may exist for applying an admissibility test, it should incorporate an individual assessment of the application. Where an admissibility test is carried out, the deadline for completing such a test should be uniform.

 

Amendment    1113

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

The time-limit for such examination shall be ten working days where, in accordance with Article 3(3)(a) of Regulation (EU) No XXX/XXX (Dublin Regulation), the Member State of first application applies the concept of first country of asylum or safe third country referred to in Article 36(1)(a) and (b).

deleted

Or. en

 

Amendment    1114

Jussi Halla-aho

 

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

The time-limit for such examination shall be ten working days where, in accordance with Article 3(3)(a) of Regulation (EU) No XXX/XXX (Dublin Regulation), the Member State of first application applies the concept of first country of asylum or safe third country referred to in Article 36(1)(a) and (b).

The time-limit for such examination shall be ten calendar days where, in accordance with Article 3(3)(a) of Regulation (EU) No XXX/XXX (Dublin Regulation), the Member State of first application applies the concept of first country of asylum or safe third country referred to in Article 36(1)(a) and (b).

Or. en

 

Amendment    1115

Jussi Halla-aho

 

Proposal for a regulation

Article 34 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The determining authority shall ensure that an examination procedure on the merits is concluded as soon as possible and not later than six months from the lodging of the application, without prejudice to an adequate and complete examination.

2.  The determining authority shall ensure that an examination procedure on the merits is concluded as soon as possible and not later than five months from the lodging of the application, without prejudice to an adequate and complete examination.

Or. en

 

Amendment    1116

Péter Niedermüller, Josef Weidenholzer, Ana Gomes

 

Proposal for a regulation

Article 34 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The determining authority shall ensure that an examination procedure on the merits is concluded as soon as possible and not later than six months from the lodging of the application, without prejudice to an adequate and complete examination.

2.  The determining authority shall ensure that an examination procedure is concluded as soon as possible and not later than six months from the lodging of the application, without prejudice to an adequate and complete examination.

Or. en

 

Amendment    1117

Ska Keller

on behalf of the Verts/ALE Group

Judith Sargentini

 

Proposal for a regulation

Article 34 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The determining authority may extend that time-limit of six months by a period of not more than three months, where:

deleted

(a) a disproportionate number of third-country nationals or stateless persons simultaneously apply for international protection, making it difficult in practice to conclude the procedure within the six-month time limit;

 

(b) complex issues of fact or law are involved.

 

Or. en