amendment list, 9 December 2021
Asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]
Document LIBE-AM-702946 · (COM(2020)0610 – C9-0309/2020 – 2020/0279(COD))
Committee on Civil Liberties, Justice and Home Affairs
Full text
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Text 1,332 paragraphs
Amendment 2401
Laura Ferrara, Sabrina Pignedoli
Proposal for a regulation
Article 55
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. it
Amendment 2402
Sophia in 't Veld, Michal Šimečka, Karen Melchior
Proposal for a regulation
Article 55
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. en
Read the rest (1,320 paragraphs)
Amendment 2403
Damien Carême
Proposal for a regulation
Article 55
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. en
Amendment 2404
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 55
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. en
Amendment 2405
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 55
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. en
Amendment 2406
Abir Al-Sahlani, Fabienne Keller, Yana Toom, Hilde Vautmans, Jan-Christoph Oetjen, Moritz Körner, Sophia in 't Veld
Proposal for a regulation
Article 55 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A Member State may commit to support a Member State to return illegally staying third-country nationals by means of return sponsorship whereby, acting in close coordination with the benefitting Member State, it shall take measures to carry out the return of those third-country nationals from the territory of the benefitting Member State. | 1. A Member State may commit to support a Member State to return illegally staying third-country nationals by means of return sponsorship whereby, acting in close coordination with the benefitting Member State, it shall take measures to carry out the return of those third-country nationals from the territory of the benefitting Member State. The return process shall be carried out in such a manner that it respects the human dignity of the illegally staying third country national. |
Or. en
Amendment 2407
Nicola Procaccini
Proposal for a regulation
Article 55 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A Member State may commit to support a Member State to return illegally staying third-country nationals by means of return sponsorship whereby, acting in close coordination with the benefitting Member State, it shall take measures to carry out the return of those third-country nationals from the territory of the benefitting Member State. | 1. A Member State may commit to return illegally staying third-country nationals by means of return sponsorship whereby, acting in close coordination with the benefitting Member State, it shall take the necessary measures to carry out the return |
Or. en
Amendment 2408
Charlie Weimers
Proposal for a regulation
Article 55 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where a Member State commits to provide return sponsorship and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting Member State do not return or are not removed within 8 months, the Member State providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in Articles 57 and 58. This period shall start from the adoption of the implementing act referred to in Article 53(1) or, where applicable, in Article 49(2). | deleted |
Or. en
Amendment 2409
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 55 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where a Member State commits to provide return sponsorship and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting Member State do not return or are not removed within 8 months, the Member State providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in Articles 57 and 58. This period shall start from the adoption of the implementing act referred to in Article 53(1) or, where applicable, in Article 49(2). | deleted |
Or. en
Amendment 2410
Nicola Procaccini
Proposal for a regulation
Article 55 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where a Member State commits to provide return sponsorship and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting Member State do not return or are not removed within 8 months, the Member State providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in Articles 57 and 58. This period shall start from the adoption of the implementing act referred to in Article 53(1) or, where applicable, in Article 49(2). | 2. The Member State providing return sponsorship shall transfer the persons concerned onto its own territory. |
Or. en
Amendment 2411
Tomas Tobé, Lena Düpont, Jeroen Lenaers
Proposal for a regulation
Article 55 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where a Member State commits to provide return sponsorship and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting Member State do not return or are not removed within 8 months, the Member State providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in Articles 57 and 58. This period shall start from the adoption of the implementing act referred to in Article 53(1) or, where applicable, in Article 49(2). | 2. Where a Member State commits to provide return sponsorship on the territory of the benefitting Member State and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting Member State do not return or are not removed within 8 months, the Member State providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in Articles 57 and 58. This period shall start from the adoption of the implementing act referred to in Article 53(1). |
| The 8 months period referred to in subparagraph 1 shall be suspended if the illegally staying third-country national has absconded. |
Or. en
Amendment 2412
Nicola Procaccini
Proposal for a regulation
Article 55 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where a Member State commits to provide return sponsorship in relation to third-country nationals who are not yet subject to a return decision in the benefitting Member State, the period referred to in paragraph 2 shall start to run from either of the following dates: | deleted |
| (a) the date when a return decision is issued by the benefitting Member State; or | |
| (b) where a return decision is issued as a part of a decision rejecting an application for international protection or where a return decision is issued in a separate act, at the same time and together with the decision rejecting an application for international protection in accordance with Article 35a of Regulation (EU) XXX/XXX [Asylum Procedure Regulation], the date when the applicant or third-country national no longer has a right to remain and is not allowed to remain. |
Or. en
Amendment 2413
Charlie Weimers
Proposal for a regulation
Article 55 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where a Member State commits to provide return sponsorship in relation to third-country nationals who are not yet subject to a return decision in the benefitting Member State, the period referred to in paragraph 2 shall start to run from either of the following dates: | deleted |
| (a) the date when a return decision is issued by the benefitting Member State; or | |
| (b) where a return decision is issued as a part of a decision rejecting an application for international protection or where a return decision is issued in a separate act, at the same time and together with the decision rejecting an application for international protection in accordance with Article 35a of Regulation (EU) XXX/XXX [Asylum Procedure Regulation], the date when the applicant or third-country national no longer has a right to remain and is not allowed to remain. |
Or. en
Amendment 2414
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 55 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where a Member State commits to provide return sponsorship in relation to third-country nationals who are not yet subject to a return decision in the benefitting Member State, the period referred to in paragraph 2 shall start to run from either of the following dates: | deleted |
| (a) the date when a return decision is issued by the benefitting Member State; or | |
| (b) where a return decision is issued as a part of a decision rejecting an application for international protection or where a return decision is issued in a separate act, at the same time and together with the decision rejecting an application for international protection in accordance with Article 35a of Regulation (EU) XXX/XXX [Asylum Procedure Regulation], the date when the applicant or third-country national no longer has a right to remain and is not allowed to remain. |
Or. en
Amendment 2415
Nicola Procaccini
Proposal for a regulation
Article 55 – paragraph 4 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The measures referred to in paragraph 1 shall include one or more of the following activities carried out by the sponsoring Member State: | 4. The measures referred to in paragraph 1 shall include the following activities carried out by the sponsoring Member State: |
Or. en
Amendment 2416
Nicola Procaccini
Proposal for a regulation
Article 55 – paragraph 4 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) providing counselling on return and reintegration to illegally staying third-country nationals; | deleted |
Or. en
Amendment 2417
Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier
Proposal for a regulation
Article 55 – paragraph 4 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) providing counselling on return and reintegration to illegally staying third-country nationals; | deleted |
Or. en
Amendment 2418
Charlie Weimers
Proposal for a regulation
Article 55 – paragraph 4 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) providing counselling on return and reintegration to illegally staying third-country nationals; | (a) providing counselling on return and reintegration to third-country nationals; |
Or. en
Amendment 2419
Charlie Weimers
Proposal for a regulation
Article 55 – paragraph 4 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) using the national programme and resources for providing logistical, financial and other material or in-kind assistance, including reintegration, to illegally staying third-country nationals willing to depart voluntarily; | (b) using the national programme and resources for providing logistical, financial and other material or in-kind assistance, including reintegration, to third-country nationals willing to depart voluntarily; |
Or. en
Amendment 2420
Nicola Procaccini
Proposal for a regulation
Article 55 – paragraph 4 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) organising on behalf of the benefitting Member State the practical arrangements for the enforcement of return, such as charter or scheduled flights or other means of transport to the third country of return. | (e) organising the practical arrangements for the enforcement of return, such as charter or scheduled flights or other means of transport to the third country of return. |
Or. en
Amendment 2421
Annalisa Tardino
Proposal for a regulation
Article 55 – paragraph 4 – point e a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) any other activities requested by the benefitting Member State to facilitate the return of illegally staying third-country nationals. |
Or. en
Amendment 2422
Charlie Weimers
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| These measures shall not affect the obligations and responsibilities of the benefitting Member State laid down in Directive 2008/115/EC. | deleted |
Or. en
Amendment 2423
Tomas Tobé, Lena Düpont, Jeroen Lenaers
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| These measures shall not affect the obligations and responsibilities of the benefitting Member State laid down in Directive 2008/115/EC. | These measures shall not affect the obligations and responsibilities of the benefitting Member State laid down in Directive 2008/115/EC, including to avoid the risk of absconding. |
Or. en
Amendment 2424
Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| This Article is without prejudice to the rights of stateless persons and their referral to relevant procedures under national law to determine their statelessness and offer adequate protection. |
Or. en
Amendment 2425
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani
Proposal for a regulation
Article 55 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 55a | |
| Capacity-building measures | |
| 1. A Member State may commit to support another Member State in providing capacity-building measures in the field of asylum, reception and return, operational support, as well as measures aimed at responding to migratory trends affecting the benefitting Member State through cooperation with third countries. | |
| Such measures shall aim to address specific needs identified in the report on migratory pressure pursuant to Article 51, and shall be designed and implemented in proportion to the contributions the Member State would have made by means of the measures referred to in Article 45(1), points (a), (b), (c) and(da) as a result of the application of the distribution key set out in Article 54. | |
| 2. The Commission shall determine by means of delegated act the criteria for assessing the capacity-building measures proposed by the contributing Member State in accordance with the first paragraph of this Article. | |
| 3. The Commission, with the support of Union bodies, offices and agencies, shall evaluate the implementation of the capacity-building measures in the benefiting Member State at regular intervals. |
Or. en
Amendment 2426
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 56
| Text proposed by the Commission | Amendment |
|---|---|
| Article 56 | deleted |
| Other solidarity contributions | |
| 1. Where a Member State requests solidarity support from other Member States to assist it in addressing the migratory situation on its territory to prevent migratory pressure, it shall notify the Commission of that request. | |
| 2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]. | |
| 3. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation. |
Or. en
Justification
Moved to Article 45(2).
Amendment 2427
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 56
| Text proposed by the Commission | Amendment |
|---|---|
| Article 56 | deleted |
| Other solidarity contributions | |
| 1. Where a Member State requests solidarity support from other Member States to assist it in addressing the migratory situation on its territory to prevent migratory pressure, it shall notify the Commission of that request. | |
| 2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]. | |
| 3. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation. |
Or. en
Amendment 2428
Nicola Procaccini
Proposal for a regulation
Article 56
| Text proposed by the Commission | Amendment |
|---|---|
| Article 56 | deleted |
| Other solidarity contributions | |
| 1. Where a Member State requests solidarity support from other Member States to assist it in addressing the migratory situation on its territory to prevent migratory pressure, it shall notify the Commission of that request. | |
| 2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]. | |
| 3. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation. |
Or. en
Amendment 2429
Damien Carême
Proposal for a regulation
Article 56
| Text proposed by the Commission | Amendment |
|---|---|
| Article 56 | deleted |
| Other solidarity contributions | |
| 1. Where a Member State requests solidarity support from other Member States to assist it in addressing the migratory situation on its territory to prevent migratory pressure, it shall notify the Commission of that request. | |
| 2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]. | |
| 3. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation. |
Or. en
Amendment 2430
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Birgit Sippel, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 56 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Other solidarity contributions | Voluntary relocation of beneficiaries of international protection |
Or. en
Amendment 2431
Charlie Weimers
Proposal for a regulation
Article 56 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Other solidarity contributions | Other voluntary contributions |
Or. en
Amendment 2432
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Birgit Sippel, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 56 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where a Member State requests solidarity support from other Member States to assist it in addressing the migratory situation on its territory to prevent migratory pressure, it shall notify the Commission of that request. | deleted |
Or. en
Amendment 2433
Charlie Weimers
Proposal for a regulation
Article 56 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where a Member State requests solidarity support from other Member States to assist it in addressing the migratory situation on its territory to prevent migratory pressure, it shall notify the Commission of that request. | 1. Where a Member State requests support from other Member States to assist it in mitigation of migratory pressure, it shall notify the Council and Commission of that request. |
Or. en
Amendment 2434
Nadine Morano
Proposal for a regulation
Article 56 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. A Member State may refuse to take part in the relocation measures. In this case, it must put in place other solidarity measures. |
Or. fr
Amendment 2435
Charlie Weimers
Proposal for a regulation
Article 56 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]. | 2. Any Member State may, at any time, in response to a request for voluntary support by a Member State, or on its own initiative, including in agreement with another Member State and, if applicable, a third country partner state hosting reception centres, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall seek to decrease migratory pressure and illegal entry to Member State territory. |
Or. en
Amendment 2436
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Birgit Sippel, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 56 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]. | 2. Any Member State may, at any time, in situations where there is no migratory pressure and where the mechanism established in Article 51 -53 is not applicable, decide to relocate beneficiaries of international protection. In this case it shall inform the Commission without delay. |
Or. en
Amendment 2437
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 56 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]. | 2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. |
Or. en
Amendment 2438
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Birgit Sippel, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 56 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation. | deleted |
Or. en
Amendment 2439
Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier
Proposal for a regulation
Article 56 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation. | 3. Member States which have contributed or plan to contribute in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission thereof. |
Or. en
Amendment 2440
Charlie Weimers
Proposal for a regulation
Article 56 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation. | 3. Member States which have contributed or plan to contribute with voluntary contributions in response to a request for voluntary support by a Member State, or on its own initiative, shall notify the Council and Commission, thereof by completing the Voluntary Contribution Plan form set out in Annex IV. The Voluntary Contribution Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation. |
Or. en
Amendment 2441
Lukas Mandl
Proposal for a regulation
Article 56 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 56a | |
| Protection Sponsorships | |
| 1. A Member State may provide protection sponsorships by supporting a third-country national and/or stateless persons in a relevant third country likely to be in need of protection upon referral of the United Nations High Commissioner for Refugees (UNHCR), or where applicable, the European Union Agency for Asylum. | |
| 2. Any measures of a sponsoring Member State meeting the overall objectives of this Article shall constitute solidarity contributions according to Article 45 (1) point (e). | |
| 3. The Commission shall conduct a needs assessment on protection sponsorships in the report on migratory pressure according to Article 51, whereby it shall determine criteria for third-country nationals and/or stateless persons or groups thereof eligible for protection sponsorships, including the nationalities and third countries, in which protection sponsorships may occur. | |
| 4. In determining the eligibility criteria, the Commission shall take into consideration: | |
| (a) third countries, most likely to be the origin of possible onward movement to the territory of the Member State under pressure, | |
| (b) and the nationalities of the ten largest numbers of first-time applicants for international protection in the Member State under migratory pressure. | |
| 5. Protection sponsorships shall include measures in the area of basic care, housing, medical support, financial contributions or any other measures contributing to durable solutions for the persons in need. |
Or. en
Amendment 2442
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 56 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 56a | |
| Support from Union bodies, offices and agencies | |
| 1. The Union bodies, offices and agencies acting in the field of asylum and migration management shall, within their respective mandates, provide strong support to the Member States and the Commission with a view to ensuring the proper implementation and functioning of this Regulation. | |
| For the purposes of the first subparagraph, the Union bodies, offices agencies referred to therein may provide national authorities with analysis, expertise and operational support. | |
| 2. Where requested by a Member State, a Union body, office or agency may provide it with support. The Commission or a Union body, office or agency may, on its own initiative, propose to provide a specific Member State with support. Where the Commission or a Union body, office or agency proposes support to a Member State, that Member State shall take due account of the proposal. The Member State concerned may accept, amend or reject that proposal. The Member State shall provide the Commission in a timely manner with a reasoned decision concerning the acceptance, amendment or rejection of that proposal. |
Or. en
Amendment 2443
Nicola Procaccini
Proposal for a regulation
Article 57
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. en
Amendment 2444
Charlie Weimers
Proposal for a regulation
Article 57 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Procedure before relocation | Procedure before relocation to a third country partner state reception centre |
Or. en
Amendment 2445
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 57 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The procedure set out in this Article shall apply to: | 1. The procedure set out in this Article shall apply to persons referred to in Article 45(1) point (c). Relocation under this Article should always be voluntary by the relocating Member State and may only concern persons who were already granted international protection. In the event of a security risk at any stage of the relocation process, the Member State of relocation may at any time refuse to relocate of that person. |
Or. en
Amendment 2446
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) persons referred to in Article 45(1), points (a) and (c) and in Article 45(2), point (a); | deleted |
Or. en
Justification
Considering the new procedure foreseen in amendments to Articles 14 and 45, this procedure applies only to beneficiaries of international protection according to Article 51(3)
Amendment 2447
Damien Carême
Proposal for a regulation
Article 57 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) persons referred to in Article 45(1), points (a) and (c) and in Article 45(2), point (a); | (a) persons referred to in Article 45(1), points (a), (a a) and (c); |
Or. en
Amendment 2448
Damien Carême
Proposal for a regulation
Article 57 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) persons referred to in Article 45(1), point (b) where the period referred to in Article 55(2) has expired, and Article 45(2), point (b). | deleted |
Or. en
Amendment 2449
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 57 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) persons referred to in Article 45(1), point (b) where the period referred to in Article 55(2) has expired, and Article 45(2), point (b). | deleted |
Or. en
Amendment 2450
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) persons referred to in Article 45(1), point (b) where the period referred to in Article 55(2) has expired, and Article 45(2), point (b). | (b) persons referred to in Article 51(3) (b) (ii) (b); |
Or. en
Amendment 2451
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 57 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2). | deleted |
Or. en
Amendment 2452
Damien Carême
Proposal for a regulation
Article 57 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2). | deleted |
Or. en
Amendment 2453
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 57 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2). | 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article. |
Or. en
Amendment 2454
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2). | 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of the third country partner state providing for reception centres. If there are reasonable grounds to consider the person a danger to national security or public order, the Member State planning to undertake the relocation to a third country partner state reception centre shall instead seek to return the applicant to their country of origin. |
Or. en
Amendment 2455
Lena Düpont
Proposal for a regulation
Article 57 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2). | 2. Before applying the procedure set out in this Article, the benefitting and contributing Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2). |
Or. en
Amendment 2456
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2). | 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned an individual and specific danger to national security of that Member State, according to the procedure laid down in Article 14 (3). If there are reasonable grounds to consider the person a danger to national security, the benefitting Member State shall where applicable exclude the person from being relocated. |
Or. en
Amendment 2457
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing. | deleted |
| Where relocation is to be applied pursuant to Article 49, the benefitting Member State shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agency referred to in Article 49(2). | |
| The first subparagraph shall not apply to applicants for whom the benefitting Member State can be determined as the Member State responsible pursuant to the criteria set out in Articles 15 to 20 and 24, with the exception of Article 15(5). Those applicants shall not be eligible for relocation. |
Or. en
Amendment 2458
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing. | 3. Where the person to be relocated is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. The applicant shall be fully informed and consulted in the procedure of determination of the meaningful links and shall have the right to challenge a decision. Where meaningful links as defined under this regulation exist in more than one Member State, the applicant shall be able to decide to which Member State to be transferred. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing. |
Or. en
Amendment 2459
Charlie Weimers, Laura Huhtasaari, Peter Kofod
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing. | 3. Where relocation to third country partner state reception centres is to be applied, the benefitting Member State shall identify the persons who could be relocated to third country partner state reception centres. Where the person concerned is an applicant for or a beneficiary of international protection, the hosting third country partner state shall by way of agreement with one or multiple Member State(s) take into account the existence of meaningful links between the person concerned and the culture, language and religion of the partner state providing reception centre capacity. For the purposes of this regulation only Member States are competent to specify whether or not the consent of the beneficiary of international protection to be relocated to a third country reception centre is required, and to legislate to this effect if necessary. |
Or. en
Amendment 2460
Damien Carême
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing. | 3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. That Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. The applicant shall be informed and consulted in the process of determining meaningful links, shall have the opportunity to present relevant information and documentation and shall have the right to object to such categorisation. Where meaningful links exist in more than one Member State, the choice of the applicant shall prevail. Where no meaningful links can be determined, the procedure in Article 23b shall apply. The person concerned shall be relocated only after having consented to relocation in writing. |
Or. en
Amendment 2461
Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing. | 3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. |
Or. en
Amendment 2462
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing. | 3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation, such as the criteria referred to in Chapter II, Part III. |
| Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing. |
Or. en
Amendment 2463
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing. | 3. Relocation may only apply if the concerned person is already a beneficiary for international protection. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. The person concerned shall be relocated only after the contributing Member State as well as that person consented to the relocation in writing |
Or. en
Amendment 2464
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where relocation is to be applied pursuant to Article 49, the benefitting Member State shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agency referred to in Article 49(2). | deleted |
Or. en
Amendment 2465
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where relocation is to be applied pursuant to Article 49, the benefitting Member State shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agency referred to in Article 49(2). | deleted |
Or. en
Amendment 2466
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where relocation is to be applied pursuant to Article 49, the benefitting Member State shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agency referred to in Article 49(2). | Where relocation is to be applied, the EU relocation coordinator should support the relocation activities from the benefitting Member state to the contributing member state implementing their obligations referred to in Article 13a (d). |
Or. en
Amendment 2467
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where relocation is to be applied pursuant to Article 49, the benefitting Member State shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agency referred to in Article 49(2). | Where relocation to third country reception centres is to be applied the benefitting Member State shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agency referred to in Article 49(2). |
Or. en
Amendment 2468
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The first subparagraph shall not apply to applicants for whom the benefitting Member State can be determined as the Member State responsible pursuant to the criteria set out in Articles 15 to 20 and 24, with the exception of Article 15(5). Those applicants shall not be eligible for relocation. | deleted |
Or. en
Amendment 2469
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The first subparagraph shall not apply to applicants for whom the benefitting Member State can be determined as the Member State responsible pursuant to the criteria set out in Articles 15 to 20 and 24, with the exception of Article 15(5). Those applicants shall not be eligible for relocation. | deleted |
Or. en
Amendment 2470
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The first subparagraph shall not apply to applicants for whom the benefitting Member State can be determined as the Member State responsible pursuant to the criteria set out in Articles 15 to 20 and 24, with the exception of Article 15(5). Those applicants shall not be eligible for relocation. | deleted |
Or. en
Amendment 2471
Damien Carême
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The first subparagraph shall not apply to applicants for whom the benefitting Member State can be determined as the Member State responsible pursuant to the criteria set out in Articles 15 to 20 and 24, with the exception of Article 15(5). Those applicants shall not be eligible for relocation. | deleted |
Or. en
Amendment 2472
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The first subparagraph shall not apply to applicants for whom the benefitting Member State can be determined as the Member State responsible pursuant to the criteria set out in Articles 15 to 20 and 24, with the exception of Article 15(5). Those applicants shall not be eligible for relocation. | The first subparagraph shall not apply to applicants for whom the benefitting Member State is most likely to be determined as the Member State responsible pursuant to the criteria set out in Articles 15 to 20 and 24, with the exception of Article 15(5). Those applicants shall not be eligible for relocation. |
Or. en
Amendment 2473
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Each Member State shall create a database of the requests of beneficiaries of international protection, who have been legally residing in its territory for less than two years and who have expressed their willingness to be relocated to another Member State. Each beneficiary of international protection may express up to two preferences for Member States to which he or she may be relocated. Each Member State shall regularly update the database referred to in this paragraph. |
Or. en
Amendment 2474
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3b. The Commission shall, by means of implementing act, lay down uniform criteria for the collection, retention and deletion by the Member States of the information referred to in paragraph 1, and the organizational and operational arrangements for the implementation of relocation; |
Or. en
Amendment 2475
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 3 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3c. When implementing the solidarity measures pursuant to Article 53(3), the benefitting Member State shall promptly inform of the activation of the relocation procedure, the beneficiaries of international protection registered in the database referred to in paragraph 1, on the basis of the chronological order of registration. Member States shall take into consideration the preferences expressed by the beneficiary of international protection. Potential beneficiaries of relocation shall express their consent to be relocated within 7 days after they have been informed, otherwise they shall be considered non-eligible for relocation. The benefitting Member State shall identify a number of beneficiaries corresponding to that established, by means of implementing act, by the Commission pursuant to Article 53. |
Or. en
Amendment 2476
Jadwiga Wiśniewska, Joachim Stanisław Brudziński, Patryk Jaki, Beata Kempa
on behalf of the ECR Group
Proposal for a regulation
Article 57 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. When the period referred to in Article 55(2) expires, the benefitting Member State shall immediately inform the sponsoring Member State that the procedure set out in paragraphs 5 to 10 shall be applied in respect of the illegally staying third-country nationals concerned. | deleted |
Or. pl
Amendment 2477
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. When the period referred to in Article 55(2) expires, the benefitting Member State shall immediately inform the sponsoring Member State that the procedure set out in paragraphs 5 to 10 shall be applied in respect of the illegally staying third-country nationals concerned. | deleted |
Or. en
Amendment 2478
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 57 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. When the period referred to in Article 55(2) expires, the benefitting Member State shall immediately inform the sponsoring Member State that the procedure set out in paragraphs 5 to 10 shall be applied in respect of the illegally staying third-country nationals concerned. | deleted |
Or. en
Amendment 2479
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. When the period referred to in Article 55(2) expires, the benefitting Member State shall immediately inform the sponsoring Member State that the procedure set out in paragraphs 5 to 10 shall be applied in respect of the illegally staying third-country nationals concerned. | deleted |
Or. en
Amendment 2480
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 57 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. When the period referred to in Article 55(2) expires, the benefitting Member State shall immediately inform the sponsoring Member State that the procedure set out in paragraphs 5 to 10 shall be applied in respect of the illegally staying third-country nationals concerned. | deleted |
Or. en
Amendment 2481
Damien Carême
Proposal for a regulation
Article 57 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. When the period referred to in Article 55(2) expires, the benefitting Member State shall immediately inform the sponsoring Member State that the procedure set out in paragraphs 5 to 10 shall be applied in respect of the illegally staying third-country nationals concerned. | deleted |
Or. en
Amendment 2482
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The benefitting Member State shall transmit to the Member State of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3. | 5. The benefitting Member State shall transmit to the Member State arranging relocation to a third country partner state reception centre as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3. |
Or. en
Amendment 2483
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The benefitting Member State shall transmit to the Member State of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3. | 5. The benefitting Member State shall transmit to the Member State of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2. |
Or. en
Amendment 2484
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The Member State of relocation shall examine the information transmitted by the benefitting Member State pursuant to paragraph 5, and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order. | deleted |
Or. en
Amendment 2485
Damien Carême
Proposal for a regulation
Article 57 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The Member State of relocation shall examine the information transmitted by the benefitting Member State pursuant to paragraph 5, and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order. | deleted |
Or. en
Amendment 2486
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 57 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The Member State of relocation shall examine the information transmitted by the benefitting Member State pursuant to paragraph 5, and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order. | deleted |
Or. en
Amendment 2487
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The Member State of relocation shall examine the information transmitted by the benefitting Member State pursuant to paragraph 5, and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order. | 6. The Member State arranging relocation to a third country partner state reception centre shall examine the information transmitted by the benefitting Member State and verify that there are no reasonable grounds to consider the person concerned a danger to the national security or public order of the third country partner state. If the person is determined to constitute a danger, they shall immediately be returned to their country of origin. |
Or. en
Amendment 2488
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 57 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The Member State of relocation shall examine the information transmitted by the benefitting Member State pursuant to paragraph 5, and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order. | 6. The Member State of relocation shall examine the information transmitted by the benefitting Member State pursuant to paragraph 5, and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order as well as for the whole of the EU. For this, the Member State may carry out a personal interview prior to relocation if any security concern occurs regarding the person concerned. |
Or. en
Amendment 2489
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 57 – paragraph 7
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Where there are no reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State of relocation shall confirm within one week that it will relocate the person concerned. | deleted |
| Where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State of relocation shall inform within one week the benefitting Member State of the nature of and underlying elements for an alert from any relevant database. In such cases, relocation of the person concerned shall not take place. | |
| In exceptional cases, where it can be demonstrated that the examination of the information is particularly complex or that a large number of cases need checking at that time, the Member State of relocation may give its reply after the one-week time limit mentioned in the first and second subparagraphs, but in any event within two weeks. In such situations, the Member State of relocation shall communicate its decision to postpone a reply to the benefitting Member State within the original one-week time limit. | |
| Failure to act within the one-week period mentioned in the first and second subparagraphs and the two-week period mentioned in the third subparagraph of this paragraph shall be tantamount to confirming the receipt of the information, and entail the obligation to relocate the person, including the obligation to provide for proper arrangements for arrival. |
Or. en
Amendment 2490
Damien Carême
Proposal for a regulation
Article 57 – paragraph 7 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Where there are no reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State of relocation shall confirm within one week that it will relocate the person concerned. | 7. The Member State of relocation shall confirm within one week that it will relocate the person concerned. |
Or. en
Amendment 2491
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 7 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Where there are no reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State of relocation shall confirm within one week that it will relocate the person concerned. | 7. Where there are no reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State arranging relocation shall confirm within one week that it will relocate the person concerned to a third country partner state reception centre. |
Or. en
Amendment 2492
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 57 – paragraph 7 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Where there are no reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State of relocation shall confirm within one week that it will relocate the person concerned. | 7. Where there are family and other meaningful links, the Member State of relocation shall confirm within one week that it will relocate the person concerned. |
Or. en
Amendment 2493
Damien Carême
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State of relocation shall inform within one week the benefitting Member State of the nature of and underlying elements for an alert from any relevant database. In such cases, relocation of the person concerned shall not take place. | deleted |
Or. en
Amendment 2494
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State of relocation shall inform within one week the benefitting Member State of the nature of and underlying elements for an alert from any relevant database. In such cases, relocation of the person concerned shall not take place. | deleted |
Or. en
Amendment 2495
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State of relocation shall inform within one week the benefitting Member State of the nature of and underlying elements for an alert from any relevant database. In such cases, relocation of the person concerned shall not take place. | Where the checks confirm that there are reasonable grounds to consider the person concerned a danger to the third country partner state hosting reception or its public order, the Member State which is tasked with arranging relocation shall immediately prepare for the return of the person to their country of origin. |
Or. en
Amendment 2496
Jadwiga Wiśniewska, Joachim Stanisław Brudziński, Patryk Jaki, Beata Kempa
on behalf of the ECR Group
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State of relocation shall inform within one week the benefitting Member State of the nature of and underlying elements for an alert from any relevant database. In such cases, relocation of the person concerned shall not take place. | Where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State of relocation shall inform within one month the benefitting Member State of the nature of and underlying elements for an alert from any relevant database. In such cases, relocation of the person concerned shall not take place. |
Or. pl
Amendment 2497
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| In exceptional cases, where it can be demonstrated that the examination of the information is particularly complex or that a large number of cases need checking at that time, the Member State of relocation may give its reply after the one-week time limit mentioned in the first and second subparagraphs, but in any event within two weeks. In such situations, the Member State of relocation shall communicate its decision to postpone a reply to the benefitting Member State within the original one-week time limit. | deleted |
Or. en
Amendment 2498
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| In exceptional cases, where it can be demonstrated that the examination of the information is particularly complex or that a large number of cases need checking at that time, the Member State of relocation may give its reply after the one-week time limit mentioned in the first and second subparagraphs, but in any event within two weeks. In such situations, the Member State of relocation shall communicate its decision to postpone a reply to the benefitting Member State within the original one-week time limit. | In exceptional cases, where it can be demonstrated that the examination of the information is particularly complex or that a large number of cases need checking at that time, the Member State arranging relocation to a third country partner state reception centre may give its reply after the one-week time limit mentioned in the first and second subparagraphs, but in any event within two weeks. In such situations, the Member State arranging relocation to a third country partner state reception centre shall communicate its decision to the benefitting Member State within the original one-week time limit. |
Or. en
Amendment 2499
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Failure to act within the one-week period mentioned in the first and second subparagraphs and the two-week period mentioned in the third subparagraph of this paragraph shall be tantamount to confirming the receipt of the information, and entail the obligation to relocate the person, including the obligation to provide for proper arrangements for arrival. | deleted |
Or. en
Amendment 2500
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 8
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The benefitting Member State shall take a transfer decision at the latest within one week of the confirmation by the Member State of relocation. It shall notify the person concerned in writing without delay of the decision to transfer him or her to that Member State. | deleted |
Or. en
Amendment 2501
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 57 – paragraph 8
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The benefitting Member State shall take a transfer decision at the latest within one week of the confirmation by the Member State of relocation. It shall notify the person concerned in writing without delay of the decision to transfer him or her to that Member State. | 8. The benefitting Member State shall take a transfer decision at the latest within one week of the confirmation by the Member State of relocation. It shall notify the person concerned in writing without delay of the decision to transfer him or her to that Member State and at the latest 48 hours before the transfer. |
Or. en
Amendment 2502
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 9
| Text proposed by the Commission | Amendment |
|---|---|
| 9. The transfer of the person concerned from the benefitting Member State to the Member State of relocation shall be carried out in accordance with the national law of the benefitting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within 4 weeks of the confirmation by the Member State of relocation or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). | 9. The transfer of any person from a Member State to a third country partner state reception centre shall be carried out in accordance with the relevant bilateral or multilateral agreement with that third country. |
Or. en
Amendment 2503
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 10
| Text proposed by the Commission | Amendment |
|---|---|
| 10. Articles 32(3), (4) and (5), Articles 33 and 34, Article 35(1) and (3), Article 36(2) and (3), and Articles 37 and 39 shall apply mutatis mutandis to the transfer for the purpose of relocation. | 10. Articles 32(3), (4) and (5), Articles 33 and 34, Article 35(1) and (3), Article 36(2) and (3), and Articles 37 and 39 shall apply mutatis mutandis to the transfer for the purpose of relocation to third country partner state reception centres. |
Or. en
Amendment 2504
Damien Carême
Proposal for a regulation
Article 57 – paragraph 11
| Text proposed by the Commission | Amendment |
|---|---|
| 11. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2). | 11. The Commission is empowered to adopt delegated acts in accordance with Article 68 concerning conditions for the preparation of information and documents for the purpose of relocation. In exercising its powers, the Commission shall consult the Asylum Agency and the EU Relocation Coordinator. |
| The Commission shall, by means of implementing acts, adopt uniform procedures for the submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2). |
Or. en
Amendment 2505
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 57 – paragraph 11
| Text proposed by the Commission | Amendment |
|---|---|
| 11. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2). | 11. The Member States shall use the Common and secured electronic transmission and communication system for carrying-out relocations. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with Article 40a. |
Or. en
Amendment 2506
Charlie Weimers
Proposal for a regulation
Article 57 – paragraph 11
| Text proposed by the Commission | Amendment |
|---|---|
| 11. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2). | 11. Conditions for the preparation and submission of information and documents for the purpose of relocation shall be decided solely by Member States so as to be fully compatible with bilateral or multilateral agreements with third countries hosting reception centres. |
Or. en
Amendment 2507
Nicola Procaccini
Proposal for a regulation
Article 58
| Text proposed by the Commission | Amendment |
|---|---|
| Article 58 | deleted |
| Procedure after relocation | |
| 1. The Member State of relocation shall inform the benefitting Member State of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. | |
| 2. Where the Member State of relocation has relocated an applicant for whom the Member State responsible has not yet been determined, that Member State shall apply the procedures set out in Part III, with the exception of Article 8(2), Article 9(1) and (2), Article 15(5), and Article 21(1) and (2). | |
| Where no Member State responsible can be designated under the first subparagraph, the Member State of relocation shall be responsible for examining the application for international protection. | |
| The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation]. | |
| 3. Where the Member State of relocation has relocated an applicant for whom the benefitting Member State had previously been determined as responsible on other grounds than the criteria referred to in Article 57(3) third subparagraph, the responsibility for examining the application for international protection shall be transferred to the Member State of relocation. | |
| The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(3) of Regulation (EU) XXX/XXX [Eurodac Regulation]. | |
| 4. Where the Member State of relocation has relocated a beneficiary for international protection, the Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State. | |
| 5. Where the Member State of relocation has relocated a third-country national who is illegally staying on its territory, of Directive 2008/115/EC shall apply. |
Or. en
Amendment 2508
Charlie Weimers
Proposal for a regulation
Article 58 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Procedure after relocation | Procedure after relocation to third country partner state reception centres |
Or. en
Amendment 2509
Charlie Weimers
Proposal for a regulation
Article 58 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Member State of relocation shall inform the benefitting Member State of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. | 1. The Member State arranging relocation to third country partner state reception centres shall inform the benefitting Member State of the safe arrival of the person concerned or of the fact that the relocation third country partner state reception centres has failed. |
Or. en
Amendment 2510
Damien Carême
Proposal for a regulation
Article 58 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Member State of relocation shall inform the benefitting Member State of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. | 1. The Member State of relocation shall inform the benefitting Member State and the EU Relocation Coordinator of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. |
Or. en
Amendment 2511
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 58 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Member State of relocation shall inform the benefitting Member State of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. | 1. The Member State of relocation shall inform the benefitting Member State and the Asylum Agency of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. |
Or. en
Amendment 2512
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 58 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the Member State of relocation has relocated an applicant for whom the Member State responsible has not yet been determined, that Member State shall apply the procedures set out in Part III, with the exception of Article 8(2), Article 9(1) and (2), Article 15(5), and Article 21(1) and (2). | deleted |
| Where no Member State responsible can be designated under the first subparagraph, the Member State of relocation shall be responsible for examining the application for international protection. | |
| The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation]. |
Or. en
Amendment 2513
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 58 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the Member State of relocation has relocated an applicant for whom the Member State responsible has not yet been determined, that Member State shall apply the procedures set out in Part III, with the exception of Article 8(2), Article 9(1) and (2), Article 15(5), and Article 21(1) and (2). | deleted |
| Where no Member State responsible can be designated under the first subparagraph, the Member State of relocation shall be responsible for examining the application for international protection. | |
| The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation]. |
Or. en
Amendment 2514
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 58 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the Member State of relocation has relocated an applicant for whom the Member State responsible has not yet been determined, that Member State shall apply the procedures set out in Part III, with the exception of Article 8(2), Article 9(1) and (2), Article 15(5), and Article 21(1) and (2). | 2. The Member State of relocation shall be responsible for examining the application for international protection. |
Or. en
Amendment 2515
Damien Carême
Proposal for a regulation
Article 58 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the Member State of relocation has relocated an applicant for whom the Member State responsible has not yet been determined, that Member State shall apply the procedures set out in Part III, with the exception of Article 8(2), Article 9(1) and (2), Article 15(5), and Article 21(1) and (2). | 2. The Member State of relocation shall be responsible for examining the application for international protection. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(1) of Regulation (EU) XXX/XXX [EurodacRegulation]. |
Or. en
Amendment 2516
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where no Member State responsible can be designated under the first subparagraph, the Member State of relocation shall be responsible for examining the application for international protection. | deleted |
Or. en
Amendment 2517
Damien Carême
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where no Member State responsible can be designated under the first subparagraph, the Member State of relocation shall be responsible for examining the application for international protection. | deleted |
Or. en
Amendment 2518
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 58 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(1) and (3), respectively, of Regulation (EU) XXX/XXX [Eurodac Regulation]. |
Or. en
Amendment 2519
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 58 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the Member State of relocation has relocated an applicant for whom the benefitting Member State had previously been determined as responsible on other grounds than the criteria referred to in Article 57(3) third subparagraph, the responsibility for examining the application for international protection shall be transferred to the Member State of relocation. | deleted |
| The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(3) of Regulation (EU) XXX/XXX [Eurodac Regulation]. |
Or. en
Amendment 2520
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 58 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the Member State of relocation has relocated an applicant for whom the benefitting Member State had previously been determined as responsible on other grounds than the criteria referred to in Article 57(3) third subparagraph, the responsibility for examining the application for international protection shall be transferred to the Member State of relocation. | deleted |
| The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(3) of Regulation (EU) XXX/XXX [Eurodac Regulation]. |
Or. en
Amendment 2521
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 58 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the Member State of relocation has relocated an applicant for whom the benefitting Member State had previously been determined as responsible on other grounds than the criteria referred to in Article 57(3) third subparagraph, the responsibility for examining the application for international protection shall be transferred to the Member State of relocation. | 3. Responsibility determination after relocation can solely take place under extenuating circumstances, and provided that all timelines are being respected. The Member State of relocation shall consider all criteria. |
Or. en
Amendment 2522
Jadwiga Wiśniewska, Joachim Stanisław Brudziński, Patryk Jaki, Beata Kempa
on behalf of the ECR Group
Proposal for a regulation
Article 58 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where the Member State of relocation has relocated a beneficiary for international protection, the Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State. | deleted |
Or. pl
Amendment 2523
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 58 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where the Member State of relocation has relocated a beneficiary for international protection, the Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State. | 4. The Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State. |
Or. en
Amendment 2524
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 58 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where the Member State of relocation has relocated a beneficiary for international protection, the Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State. | 4. Having relocated a beneficiary for international protection voluntarily, the Member State of relocation shall grant international protection status respecting the respective status granted by the benefitting Member State. |
Or. en
Amendment 2525
Jadwiga Wiśniewska, Joachim Stanisław Brudziński, Patryk Jaki, Beata Kempa
on behalf of the ECR Group
Proposal for a regulation
Article 58 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where the Member State of relocation has relocated a third-country national who is illegally staying on its territory, of Directive 2008/115/EC shall apply. | deleted |
Or. pl
Amendment 2526
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 58 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where the Member State of relocation has relocated a third-country national who is illegally staying on its territory, of Directive 2008/115/EC shall apply. | deleted |
Or. en
Amendment 2527
Damien Carême
Proposal for a regulation
Article 58 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where the Member State of relocation has relocated a third-country national who is illegally staying on its territory, of Directive 2008/115/EC shall apply. | deleted |
Or. en
Amendment 2528
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 58 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where the Member State of relocation has relocated a third-country national who is illegally staying on its territory, of Directive 2008/115/EC shall apply. | deleted |
Or. en
Amendment 2529
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 58 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where the Member State of relocation has relocated a third-country national who is illegally staying on its territory, of Directive 2008/115/EC shall apply. | 5. Where the Member State of relocation has relocated a third-country national who is irregularly staying on its territory, of Directive 2008/115/EC shall apply. |
Or. en
Amendment 2530
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 58 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where the Member State of relocation has relocated a third-country national who is illegally staying on its territory, of Directive 2008/115/EC shall apply. | 5. Where the Member State of relocation has relocated a third-country national who is illegally staying on its territory, Directive 2008/115/EC shall apply. |
Or. en
Amendment 2531
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 59
| Text proposed by the Commission | Amendment |
|---|---|
| Article 59 | deleted |
| Other obligations | |
| The benefitting and contributing Member States shall keep the Commission informed on the implementation of solidarity measures taken on a bilateral level including measures of cooperation with a third country. |
Or. en
Amendment 2532
Nicola Procaccini
Proposal for a regulation
Article 59 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The benefitting and contributing Member States shall keep the Commission informed on the implementation of solidarity measures taken on a bilateral level including measures of cooperation with a third country. | Member States shall keep the Commission informed on the implementation of cooperation measures taken on a bilateral level including measures of cooperation with a third country. |
Or. en
Amendment 2533
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 59 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The benefitting and contributing Member States shall keep the Commission informed on the implementation of solidarity measures taken on a bilateral level including measures of cooperation with a third country. | The benefitting and contributing Member States shall keep the Commission and the Asylum Agency informed on the implementation of additional relocation pledges taken on a bilateral level. |
Or. en
Amendment 2534
Damien Carême
Proposal for a regulation
Article 59 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The benefitting and contributing Member States shall keep the Commission informed on the implementation of solidarity measures taken on a bilateral level including measures of cooperation with a third country. | The benefitting and contributing Member States shall keep the Commission and the EU Relocation Coordinator informed on the implementation of solidarity measures taken on a bilateral level. |
Or. en
Amendment 2535
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 60 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Upon request, the Commission shall coordinate the operational aspects of the measures offered by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency. | The EU Relocation coordinator shall coordinate the operational aspects of the implementation of the distribution mechanism with the technical support of the Asylum agency. |
Or. en
Amendment 2536
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 60 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Upon request, the Commission shall coordinate the operational aspects of the measures offered by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency. | Upon request, the Commission shall coordinate the operational aspects of the measures offered by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency or any other Union office, body or agency. |
Or. en
Amendment 2537
Damien Carême
Proposal for a regulation
Article 60 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Upon request, the Commission shall coordinate the operational aspects of the measures offered by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency. | The EU Relocation Coordinator shall coordinate the operational aspects of the measures offered by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency. |
Or. en
Amendment 2538
Nicola Procaccini
Proposal for a regulation
Article 60 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Upon request, the Commission shall coordinate the operational aspects of the measures offered by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency. | Upon request, the Commission shall coordinate the operational aspects of the measures agreed by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency. |
Or. en
Amendment 2539
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 61 – paragraph -1 (new)
| Text proposed by the Commission | Amendment |
|---|---|
| -1 In accordance with the principle of solidarity and fair sharing of responsibility between the Member States established in Article 5, Member Sates shall receive appropriate and proportionate funding support from the Union budget to apply the present Regulation. |
Or. en
Amendment 2540
Charlie Weimers
Proposal for a regulation
Article 61 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Funding support following relocation pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund]. | Funding support following relocation to third country partner state reception centres shall be implemented in accordance with Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund]. |
Or. en
Amendment 2541
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 61 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Funding support following relocation pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund]. | Funding support should be made available from the Union budget for all forms of solidarity contributions by Member States, including the financing of physical barriers at the external borders of the EU. |
Or. en
Amendment 2542
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 61 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Funding support following relocation pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund]. | Funding support following relocation pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 20 of Regulation (EU) 2021/1147 [Asylum, Migration and Integration Fund]. |
Or. en
Amendment 2543
Nicola Procaccini
Proposal for a regulation
Article 61 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Funding support following relocation pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund]. | Funding support following distribution pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund]. |
Or. en
Amendment 2544
Charlie Weimers
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1 (new)
| Text proposed by the Commission | Amendment |
|---|---|
| In addition to every available diplomatic and logistical support, the Union shall provide financial support to any Member State that seeks to negotiate, or that has concluded, an agreement with a third country partner state to relocate the processing of requests for international protection and the facilitation of such protection entirely to that partner state. For each individual relocated to a third country reception centre, a lump sum in accordance with Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund] shall be allocated to the Member State which has facilitated the third country processing of the request for international protection or its realisation in a third country partner state. |
Or. en
Amendment 2545
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 61 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| The cost of relocation and transfer will be covered by the EU budget. |
Or. en
Amendment 2546
Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici
Proposal for a regulation
Article 61 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| The costs of reception of an applicant met by a determining Member State, from the time when the application for international protection was registered until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant, shall be refunded from the general budget of the Union. |
Or. en
Amendment 2547
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 62 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall implement appropriate technical and organisational measures to ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. | 1. Any processing of personal data under this Regulation shall be subject to relevant Union legislation on data protection, in particular Regulation (EU) 2018/1725, Regulation (EU)2016/679 and, where relevant, Directive (EU) 2016/680. Member States shall implement appropriate technical and organisational measures to ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. |
Or. en
Amendment 2548
Damien Carême
Proposal for a regulation
Article 62 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall implement appropriate technical and organisational measures to ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. | 1. Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, Member States shall implement appropriate technical and organisational measures to ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. |
Or. en
Amendment 2549
Damien Carême
Proposal for a regulation
Article 62 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The competent supervisory authority or authorities of each Member State shall monitor the lawfulness of the processing of personal data by the authorities referred to in Article 41 of the Member State in question. | 2. Without prejudice to Chapter VI of Regulation(EU) 2016/679 the competent supervisory authority or authorities of each Member State shall monitor and enforce the lawfulness of the processing of personal data by the authorities referred to in Article 41 of the Member State in question. |
Or. en
Amendment 2550
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 62 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The Common and secured electronic transmission and communication system referred to in Article 40a shall fully comply with this Article. |
Or. en
Amendment 2551
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 62 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The processing of personal data by the Asylum Agency shall be subject to Regulation (EU) XXX/XXX [European Union Asylum Agency], in particular as regards the monitoring of the European Data Protection Supervisor. | 3. The processing of personal data by the Asylum Agency shall be subject to Regulation (EU) 2018/1725, in particular as regards supervision by the European Data Protection Supervisor. |
Or. en
Amendment 2552
Damien Carême
Proposal for a regulation
Article 63 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that the authorities referred to in Article 41 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work. | Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, Member States shall ensure that the authorities referred to in Article 41 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work. |
Or. en
Amendment 2553
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 63 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that the authorities referred to in Article 41 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work. | Member States shall ensure that the authorities and their staff referred to in Article 41 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work. |
Or. en
Amendment 2554
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani
Proposal for a regulation
Article 64 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall lay down the rules on penalties, including administrative or criminal penalties in accordance with national law, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. | Member States shall lay down the rules on penalties, including administrative or criminal penalties in accordance with national law, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive and shall take into account the financial penalty and the compensation for the cost of reception referred to in Article 26a. |
Or. en
Amendment 2555
Charlie Weimers
Proposal for a regulation
Article 67
| Text proposed by the Commission | Amendment |
|---|---|
| Article 67 | deleted |
| Committee | |
| 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. | |
| 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. | |
| Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. | |
| 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply. |
Or. en
Amendment 2556
Charlie Weimers
Proposal for a regulation
Article 68
| Text proposed by the Commission | Amendment |
|---|---|
| Article 68 | deleted |
| Exercise of the delegation | |
| 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. | |
| 2. The power to adopt delegated acts referred to in Articles 15(6) and 24(3) shall be conferred on the Commission for a period of 5 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. | |
| 3. The delegation of power referred to in Articles 15(6) and 24(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | |
| 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. | |
| 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. | |
| 6. A delegated act adopted pursuant to Articles 15(6) and 24(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
Or. en
Amendment 2557
Damien Carême
Proposal for a regulation
Article 68 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The power to adopt delegated acts referred to in Articles 15(6) and 24(3) shall be conferred on the Commission for a period of 5 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. | 2. The power to adopt delegated acts referred to in Articles 13(7), 15(6), 24(3), 29(3), 30(4), 37(4),57(11) and 23c shall be conferred on the Commission for a period of 3 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 3-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. |
Or. en
Amendment 2558
Damien Carême
Proposal for a regulation
Article 68 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The delegation of power referred to in Articles 15(6) and 24(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | 3. The delegation of power referred to in Articles 13(7), 15(6), 24(3), 29(3), 30(4), 37(4), 57(11) and 23c may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
Or. en
Amendment 2559
Damien Carême
Proposal for a regulation
Article 68 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. A delegated act adopted pursuant to Articles 15(6) and 24(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. | 6. A delegated act adopted pursuant to Articles 13(7), 15(6), 24(3), 29(3), 30(4), 37(4), 57(11) and 23c shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
Or. en
Amendment 2560
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 69 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| By [18 months after entry into force] and from then on annually, the Commission shall review the functioning of the measures set out in Chapters I-III of Part IV of this Regulation. | By [18 months after entry into force] and from then on annually, the Commission shall review the functioning of the measures set out in Chapters I-III of Part IV of this Regulation and report on the implementation of the measures set out in this Regulation. This report shall be communicated to the European Parliament and the Council. On the basis of this report, the European Parliament shall hold an annual plenary debate on the implementation of this Regulation as well as the whole Common European Asylum System. |
Or. en
Amendment 2561
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani
Proposal for a regulation
Article 69 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| [Three years after entry into force, the Commission shall report on the implementation of the measures set out in this Regulation.] | deleted |
Or. en
Amendment 2562
Charlie Weimers
Proposal for a regulation
Article 69 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| No sooner than [five] years after the date of application of this Regulation, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the [five] years time limit expires. | No sooner than [two] years after the date of application of this Regulation, and every two years thereafter, the Commission shall carry out an evaluation of this Regulation. |
Or. en
Amendment 2563
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 69 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| No sooner than [five] years after the date of application of this Regulation, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the [five] years time limit expires. | No sooner than [three] years after the date of application of this Regulation, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the above mentioned time limit expires. |
Or. en
Amendment 2564
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 69 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| For the purpose of this Article, the Commission may require the support from Union bodies, offices and agencies referred to in Article 57a. |
Or. en
Amendment 2565
Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier
Proposal for a regulation
Article 71
Directive 2003/109/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 71 | deleted |
| Amendments to the Long Term Residence Directive | |
| 1. Directive 2003/109/EC is amended as follows: | |
| Article 4 is amended as follows: | |
| (a) in paragraph 1, the following sub-paragraph is added: | |
| ‘With regard to beneficiaries of international protection, the required period of legal and continuous residence shall be three years. | |
| (This amendment applies throughout the text.) |
Or. en
Amendment 2566
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 71 – paragraph 1 – subparagraph 1 – point a
Directive 2003/109/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| With regard to beneficiaries of international protection, the required period of legal and continuous residence shall be three years. | With regard to beneficiaries of international protection, as well as beneficiaries of protection under the 1954 Convention relating to Stateless Persons, the required period of legal and continuous residence shall be three years. |
Or. en
Amendment 2567
Charlie Weimers
Proposal for a regulation
Article 71 – paragraph 1 – subparagraph 1 – point a
Directive 2003/109/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| With regard to beneficiaries of international protection, the required period of legal and continuous residence shall be three years. | With regard to beneficiaries of international protection who are not hosted by a third country under an agreement with a Member State, the required period of legal and continuous residence shall be ten years. |
Or. en
Amendment 2568
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 71 – paragraph 1 – subparagraph 1 – point a
Directive 2003/109/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| With regard to beneficiaries of international protection, the required period of legal and continuous residence shall be three years. | With regard to beneficiaries of international protection, the required period of legal and continuous residence shall be five years. |
Or. en
Amendment 2569
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 72 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Amendments to Regulation (EU) XXX/XXX [Asylum and Migration Fund] | Amendments to Regulation (EU) 2021/1147 [Asylum, Migration and Integration Fund] |
Or. en
Amendment 2570
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 72 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Regulation (EU) XXX/XXX [Asylum and Migration Fund] is amended as follows: | Regulation (EU) 2021/1147 is amended as follows: |
Or. en
Amendment 2571
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 72 – paragraph 1 – point -1 (new)
Regulation (EU) 2021/1147
Article 10 – paragraph 2 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| -1. In Article 10(2) the following subparagraph is added: | |
| "The thematic facility shall be complemented by the Dublin Reserve Fund referred to in Article 20a of this Regulation." |
Or. en
Amendment 2572
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 72 – paragraph 1 – point -1 a (new)
Regulation (EU) 2021/1147
Article 11 – paragraph 1 – subparagraph 2 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| -1a. In Article 11(1), second subparagraph, the following point is inserted: | |
| "(da) support to Member States for the cost of reception of an applicant for international protection during the process of determination of the Member State responsible, in accordance with Article 13a of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation];" |
Or. en
Amendment 2573
Charlie Weimers
Proposal for a regulation
Article 72 – paragraph 1 – point 1
Regulation (EU) 2021/1147
Article 16 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall receive, in addition to their allocation calculated in accordance with point (a) of Article 11(1), an amount of EUR 10 000 for each person admitted through resettlement or humanitarian admission. | 1. Member States, or third-country partner states that have entered into agreements with Member States to process requests for international protection and facilitate such protection on their behalf, shall receive an amount of EUR 10 000 for each person relocated to the reception centres of those third-country partner states. |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 19 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2574
Charlie Weimers
Proposal for a regulation
Article 72 – paragraph 1 – point 1
Regulation (EU) 2021/1147
Article 16 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where appropriate, Member States may also be eligible for an additional amount of EUR 10 000 for family members of persons referred to in paragraph 1, if the persons are admitted to ensure family unity. | 2. Where appropriate, Member States may also be eligible for an additional amount of EUR 10 000 for family members of persons referred to in paragraph 1, if those persons are relocated to the same reception centre of the third-country partner state to ensure family unity. |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 19 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2575
Charlie Weimers
Proposal for a regulation
Article 72 – paragraph 1 – point 1
Regulation (EU) 2021/1147
Article 16 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The additional amount referred to in paragraph 1 shall be allocated to the Member State programme. The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme. The amount referred to in paragraph 1 may be included in the payment applications to the Commission, provided that the person in respect of whom the amount is allocated was resettled or admitted. | 4. The additional amount referred to in paragraph 1 shall be allocated to the Member State carrying out the relocation to a third-country partner state. |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 19 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2576
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 72 – paragraph 1 – point 1
Regulation 2021/1147
Article 16 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall keep the information necessary to allow the proper identification of the persons resettled or admitted and of the date of their resettlement or admission, while applicable provisions concerning data retention periods shall prevail. | 5. Only for the purpose to protect the financial interests of the Union, Member States authorities competent in that regard shall keep the information necessary to allow the proper identification of the persons resettled or admitted and of the date of their resettlement or admission, while applicable provisions concerning data retention periods shall prevail. |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 19 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2577
Charlie Weimers
Proposal for a regulation
Article 72 – paragraph 1 – point 1
Regulation (EU) 2021/1147
Article 16 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall keep the information necessary to allow the proper identification of the persons resettled or admitted and of the date of their resettlement or admission, while applicable provisions concerning data retention periods shall prevail. | 5. Member States shall keep the information necessary to allow the proper identification of the persons resettled to a third-country partner state. |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 19 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2578
Charlie Weimers
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2579
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) EUR [10 000] per applicant for whom that Member State becomes responsible as a result of relocation in accordance with Articles 48, 53 and Article 56 Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; | (a) EUR 50 000 per applicant for whom that Member State becomes responsible as a result of relocation in accordance with Article 45(2) and Articles 48 and 53 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2580
Pietro Bartolo
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) EUR [10 000] per applicant for whom that Member State becomes responsible as a result of relocation in accordance with Articles 48, 53 and Article 56 Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; | (a) EUR [10 000] per applicant for whom that Member State becomes responsible as a result of relocation in accordance with Articles 14 and 45 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2581
Damien Carême
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) EUR [10 000] per beneficiary of international protection relocated in accordance with Articles 53 and 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; | (b) EUR [10 000] per beneficiary of international protection relocated, including beneficiaries of prima facie refugee status, in accordance with Articles 53 and 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2582
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) EUR [10 000] per beneficiary of international protection relocated in accordance with Articles 53 and 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; | (b) EUR 50 000 per beneficiary of international protection relocated in accordance with Article 45(2) and Article 53 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2583
Damien Carême
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) EUR [10 000] per illegally staying third-country national relocated in accordance with Article 53, when the period referred to in Article 55(2) has expired, and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. | deleted |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2584
Pietro Bartolo
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) EUR [10 000] per illegally staying third-country national relocated in accordance with Article 53, when the period referred to in Article 55(2) has expired, and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. | deleted |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2585
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) EUR [10 000] per illegally staying third-country national relocated in accordance with Article 53, when the period referred to in Article 55(2) has expired, and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. | deleted |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2586
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (E) 2021/1147
Article 17 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) EUR [10 000] per illegally staying third-country national relocated in accordance with Article 53, when the period referred to in Article 55(2) has expired, and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. | (c) EUR 50 000 per illegally staying third-country national relocated in accordance with Article 53, when the period referred to in Article 55(2) has expired, and Article 45(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2587
Damien Carême
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) The contribution in points (a), (b) and (c) is increased to EUR [12 000] for each unaccompanied minor relocated in accordance with Article 48, Article 53 and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. | (d) The contribution in points (a) and (b) is increased to EUR [12 000] for each unaccompanied minor or other person in a vulnerable situation relocated in accordance with Article 48, Article 53 and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2588
Pietro Bartolo
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) The contribution in points (a), (b) and (c) is increased to EUR [12 000] for each unaccompanied minor relocated in accordance with Article 48, Article 53 and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. | (d) The contribution in points (a), (b) and (c) is increased to EUR [12 000] for each unaccompanied minor relocated in accordance with Articles 45, 53 and 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2589
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) The contribution in points (a), (b) and (c) is increased to EUR [12 000] for each unaccompanied minor relocated in accordance with Article 48, Article 53 and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. | (d) The contribution in points (a), (b) and (c) is increased to EUR 60 000 for each unaccompanied minor relocated in accordance with Article 45(2) and Articles 48 and 53 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2590
Balázs Hidvéghi, Loránt Vincze
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. A Member State shall receive a significant contribution amounting at least to the half of the total costs to cover the protection of external borders of the Union, including the financing of physical barriers at the external borders of the Union. | |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2591
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Member States shall keep the information necessary to allow the proper identification of the persons transferred and of the date of their transfer, while applicable provisions concerning data retention periods shall prevail. | 6. Only for the purpose of protecting the financial interests of the Union, Member States authorities competent in that regard shall keep the information necessary to allow the proper identification of the persons transferred and of the date of their transfer, while applicable provisions concerning data retention periods shall prevail. |
| (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.) |
Or. en
Amendment 2592
Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior
Proposal for a regulation
Article 72 – paragraph 1 – point 2 a (new)
Regulation (EU) 2021/1147
Article 20 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The following article is inserted | |
| "Article 20a | |
| Dublin Reserve Fund | |
| 1. A ‘Dublin Reserve Fund’ or ‘reserve’ is established for the application of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. | |
| 2. The financial penalty and the compensation for the cost of reception referred to in Article 26a of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] shall be paid into the reserve. | |
| The Member State where the applicant is present shall be allocated the amount of the compensation via the reserve. | |
| The total amount of the financial penalty shall be distributed proportionally between the Member States, with a priority to Member States facing a migratory pressure, where relevant, in order to support the application of the present Regulation." |
Or. en
Amendment 2593
Charlie Weimers
Proposal for a regulation
Article 73 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Regulation (EU) No 604/2013 is repealed. | deleted |
Or. en
Amendment 2594
Charlie Weimers
Proposal for a regulation
Article 73 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| References to the repealed Regulation shall be construed as references to this Regulation. | deleted |
Or. en
Amendment 2595
Charlie Weimers
Proposal for a regulation
Article 75 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| It shall apply to applications for international protection registered as from [the first day of the thirteenth month following its entry into force]. The Member State responsible for the examination of an application for international protection submitted before that date shall be determined in accordance with the criteria set out in Regulation 604/2013. | It shall apply to applications for international protection registered as from [the first day of the thirteenth month following its entry into force]. The Member State responsible for the examination of an application for international protection submitted before and after that date shall be determined in accordance with the criteria set out in Regulation 604/2013. |
Or. en
Amendment 2596
Charlie Weimers
Proposal for a regulation
Article 75 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties. | This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties and their national constitutions. |
Or. en
Amendment 2597
Nadine Morano
Proposal for a regulation
Annex I
| Text proposed by the Commission | Amendment |
|---|---|
| Standard form for establishing a Search and Rescue Solidarity Response Plan in accordance with Article 47 | deleted |
| — Contributing Member State: ……… | |
| — Reference No…. (Rev)73 ….. | |
| — Date of submission:…… | |
| [...] | |
| [...] | |
| 73 Reference to revision to be used in case of revised contributions in the course of the Solidarity Forum. |
Or. fr
Amendment 2598
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Annex I
| Text proposed by the Commission | Amendment |
|---|---|
| Standard form for establishing a Search and Rescue Solidarity Response Plan in accordance with Article 47 | deleted |
| — Contributing Member State: ……… | |
| — Reference No……. (Rev)73 ….. | |
| — Date of submission:…… | |
| [...] | |
| [...] | |
| 73 Reference to revision to be used in case of revised contributions in the course of the Solidarity Forum. |
Or. en
Amendment 2599
Charlie Weimers
Proposal for a regulation
Annex I – subheading 1
| Text proposed by the Commission | Amendment |
|---|---|
| Standard form for establishing a Search and Rescue Solidarity Response Plan in accordance with Article 47 | deleted |
Or. en
Amendment 2600
Charlie Weimers
Proposal for a regulation
Annex I – indent 2
| Text proposed by the Commission | Amendment |
|---|---|
| — Reference No……. (Rev)73 ….. | — Reference No……. (Rev)73 ….. |
| 73 Reference to revision to be used in case of revised contributions in the course of the Solidarity Forum. | 73 Reference to revision to be used in case of revised voluntary contributions in the course of the Voluntary Contribution Forum. |
Or. en
Amendment 2601
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Annex II
| Text proposed by the Commission | Amendment |
|---|---|
| Standard form for establishing a Solidarity Response Plan in accordance with Article 50 | deleted |
| — Benefitting Member State: …… | |
| — Contributing Member State: ……… | |
| — Reference No: ……. (Rev)74 ….. | |
| — Date of submission:…… | |
| [...] | |
| To be filled in only if the Report on Migratory Pressure identifies the need for such measures in accordance with Article 49(3)(b)(iii): | |
| [...] | |
| [...] | |
| 74 Reference to revision to be used in case of revised contributions in the course of the Solidarity Forum. |
Or. en
Amendment 2602
Charlie Weimers
Proposal for a regulation
Annex II – subheading 1
| Text proposed by the Commission | Amendment |
|---|---|
| Standard form for establishing a Solidarity Response Plan in accordance with Article 50 | Standard form for establishing a Voluntary Contribution Plan in accordance with Article 50 |
Or. en
Amendment 2603
Charlie Weimers
Proposal for a regulation
Annex II – indent 3
| Text proposed by the Commission | Amendment |
|---|---|
| — Reference No: ……. (Rev)74 ….. | — Reference No: ……. (Rev)74 ….. |
| 74 Reference to revision to be used in case of revised contributions in the course of the Solidarity Forum. | 74 Reference to revision to be used in case of revised voluntary contributions in the course of the Voluntary Contribution Forum. |
Or. en
Amendment 2604
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Annex III – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Formula for the distribution key pursuant to Article 52 of the Regulation: | Formula for the distribution key pursuant to Article 54 of the Regulation: |
Or. en
Amendment 2605
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Annex III – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Population effectMS76 | (a) the size of the population (40% weighting) |
| 76 For two Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments. |
Or. en
Amendment 2606
Charlie Weimers
Proposal for a regulation
Annex III – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Population effectMS76 | Population effectMS76 |
| 76 For two Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments. | 76 For some Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments. |
Or. en
Amendment 2607
Charlie Weimers
Proposal for a regulation
Annex III – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| GDP effectMS 77 | The inverse of the proportion of the population born in a third countryMS 77 |
| 77 For two Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments. | 77 For two Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments. |
Or. en
Amendment 2608
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Annex III – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| GDP effectMS 77 | (b) the total GDP (40% weighting)77 |
| 77 For two Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments. | 77 For two Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments. |
Or. en
Amendment 2609
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Annex III – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the unemployment rate (20% weighting) |
Or. en
Amendment 2610
Charlie Weimers
Proposal for a regulation
Annex III – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| ShareMS = 50% Population effectMS + 50% GDP effectMS | ShareMS = 50% Population effectMS + 50% the inverse of the proportion of the population born in a third countryMS |
Or. en
Amendment 2611
Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier
Proposal for a regulation
Annex IV
| Text proposed by the Commission | Amendment |
|---|---|
| Standard form for contributing to a Solidarity Support Plan in accordance with Article 54 | deleted |
| — Benefitting Member State: ……. | |
| — Contributing Member State: ……… | |
| — Reference No: ……. | |
| — Date of submission:…… | |
| [...] |
Or. en
Amendment 2612
Charlie Weimers
Proposal for a regulation
Annex IV – subheading 1
| Text proposed by the Commission | Amendment |
|---|---|
| Standard form for contributing to a Solidarity Support Plan in accordance with Article 54 | Standard form for contributing to a Voluntary Contribution Plan in accordance with Article 54 |
Or. en