Changes from report parliamentary committee draft to plenary report

Change 37

RemovedThe case-law of the CJEU, referred to in Recital 31, interprets the provisions of the existing Article 12(2)(b) and (c). Adding an additional paragraph to the Article merely adds confusion. The interpretation of the CJEU is laid out in Recital 31 and that is clear and sufficient to interpret Article 12(2)(b) and (c) with regard to terrorism and particularly cruel actions. Paragraph 5 should thus be deleted.

Article 12 – paragraph 6: deleted

Change 38

RemovedThe Commission's proposed text in Article 12(6) is terribly confusing insofar as it refers to case law. The principle of proportionality is a general principle of Union law. The CJEU, in its case-law, has stated that whether someone is refused refugee status on the grounds laid down in Article 12 depends on an assessment of the “seriousness of the acts committed”, which in turn requires taking account of “all the circumstances surrounding the acts in question and the situation of that person”. This inevitably requires a proportionality test. The Commission proposal is misleading in that regard and should be deleted.

Article 14 – title: Withdrawal of refugee status / (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Change 39

RemovedArticle 2(14) of this proposed Regulation provides for a definition of "withdrawal of international protection", which is intended to mean "the decision of competent authority to revoke, end or refuse to renew the refugee or subsidiary protection status". Given that definition, it is appropriate to use the expression "withdrawal of international protection" throughout the Articles and not to repeat constantly "revocation of, ending of or refusal to renew".

Article 14 – paragraph 1 – introductory part: 1. The determining authority shall withdraw the refugee status of a third-country national or stateless person where:

Change 40

RemovedAmendment tabled for consistency with earlier amendments.

AddedArticle 14 – paragraph 1 – point d: (d) there are reasonable grounds for regarding that he or she, having been convicted by a final judgment of a particularly serious crime, is a danger to the security of the Member State in which he or she is present;

RemovedArticle 14 – paragraph 1 – point d: (d) there are reasonable grounds for regarding him or her as a danger to the security of the Member State in which he or she is present after having been convicted by a final judgment of a particularly serious crime;

RemovedThere are no grounds in the Geneva Convention which correspond to the grounds for withdrawal set out in Article 14(1)(d) and (e). The Rapporteur believes they should be merged as it is the fact of having been convicted of a serious crime which would provide the 'reasonable grounds' for determining that the refugee is a danger to the security of the Member State in question.

Article 14 – paragraph 1 – point e: deleted

Change 41

RemovedThere are no grounds in the Geneva Convention which correspond to the grounds for withdrawal set out in Article 14(1)(d) and (e). The Rapporteur believes they should be merged as it is the fact of having been convicted of a serious crime which would provide the 'reasonable grounds' for determining that the refugee is a danger to the security of the Member State in question.

Article 14 – paragraph 1 – point f: deleted

Change 42

RemovedThe principle of non-refoulment is absolute according to the Charter of Fundamental Rights of the European Union and the relevant case law of the CJEU and ECtHR. Therefore, no person should be returned if he or she would be subjected to torture or to inhuman or degrading treatment or punishment. This additional paragraph is irrelevant and should be deleted.

AddedArticle 14 – paragraph 2: 2. In the situation referred to in point (d) of paragraph 1, the determining authority may decide not to grant status to a refugee, where such a decision has not yet been taken.

RemovedArticle 14 – paragraph 2: 2. In the situations referred to in point (d) of paragraph 1, the determining authority may decide not to grant status to a refugee, where such a decision has not yet been taken.

RemovedAmendment tabled for consistency with earlier amendments.

Article 14 – paragraph 3: 3. Persons to whom point (d) of paragraph 1 or paragraph 2 applies shall be entitled to rights set out in or similar to those set out in Articles 3, 4, 16, 22, 31, 32 and 33 of the Geneva Convention in so far as they are present in the Member State.

Change 43

RemovedAmendment tabled for consistency with earlier amendments.

AddedArticle 14 – paragraph 4: 4. Without prejudice to the duty of the refugee in accordance with Article 4(1) to disclose all the elements available to him or her which substantiate the application for international protection, the determining authority which has granted refugee status shall, on an individual basis, demonstrate that the person concerned has ceased to be or has never been a refugee for the reasons set out in paragraph 1 of this Article.

Article 14 – paragraph 5: 5. Decisions of the determining authority withdrawing refugee status pursuant to point (a) of paragraph 1 shall only take effect three months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.

Change 44

RemovedAmendment tabled for consistency with earlier amendments.

AddedArticle 15 – paragraph 1 – introductory part: In applying Article 14(1), the determining authority may review the refugee status, in particular where information on countries of origin at Union level as referred to in Article 8 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] and common analysis of country of origin information as referred to in Article 10 of that Regulation indicate a significant change in the country of origin which is relevant for the protection needs of the beneficiary.

RemovedArticle 15 – paragraph 1 – introductory part: In applying Article 14(1), the determining authority may review the refugee status, in particular where information on countries of origin at Union level as referred to in Article 8 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] and common analysis of country of origin information as referred to in Article 10 of that Regulation indicate a significant change in the country of origin which is relevant for the protection needs of the applicant.

RemovedA systematic review of protection needs would prove highly resource-intensive for the determining authorities of the Member States. It is not at all the case that the authorities responsible for decisions on the need for international protection are the same authorities as those which issue residence permits. It is also important not to unduly undermine integration prospects via the perception that protection may only be temporary.

Article 15 – paragraph 1 – point a: deleted

Change 45

RemovedThis point is merged in with the introductory part of paragraph 1.

Article 15 – paragraph 1 – point b: deleted

Change 46

RemovedA systematic review of protection needs would prove highly resource-intensive for the determining authorities of the Member States. It is not at all the case that the authorities responsible for decisions on the need for international protection are the same authorities as those which issue residence permits. It is also important not to unduly undermine integration prospects via the perception that protection may only be temporary. This point should therefore be deleted.

AddedArticle 15 – paragraph 1 a (new): Paragraph 1 shall not apply to unaccompanied minors, unless it is in their best interests.

RemovedArticle 16 – paragraph 1 – point c: (c) a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict; or

AddedArticle 16 – paragraph 1 – introductory part: Serious harm as referred to in Article 2 (5), consists solely of:

RemovedArticle 16 – paragraph 1 – point c a (new): (ca) a serious and individual threat to a civilian's life or person due to a natural or man-made disaster.

AddedArticle 16 – paragraph 1 – point b: (Does not affect the English version.)

RemovedPersons or groups of persons, who, for compelling reasons of sudden or progressive changes in the environment that adversely affect their lives or living conditions, are obliged to leave their habitual homes and are in search and need of protection should qualify under this Regulation for international protection in the European Union.

AddedArticle 16 – paragraph 1 – point c: (c) a serious threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

AddedArticle 17 – paragraph 2 – point b: (b) shall take into account precise and up-to-date information obtained from all relevant sources, including Union level country of origin information and the common analysis on country of origin information as referred in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.

AddedArticle 18 – paragraph -1 (new): -1. A third-country national or a stateless person shall be excluded from being eligible for subsidiary protection if he or she is recognised by the competent authorities of the country in which he or she has taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or rights and obligations equivalent to those.

AddedArticle 18 – paragraph 1 – point b: (b) he or she has committed a serious non-political crime outside the country of protection prior to his or her admission as a beneficiary of subsidiary protection;

AddedArticle 18 – paragraph 1 – point c: (c) he or she has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations, including convictions on the grounds of participation in the activities of a terrorist group;

AddedArticle 18 – paragraph 1 – subparagraph 1 a (new): The determining authority may apply this paragraph only after it has undertaken, for each individual case, an assessment of the specific facts brought to its attention, with a view to determining whether there are serious reasons for considering that the acts committed by the person in question, who otherwise satisfies the qualifying conditions for refugee status, fall within the scope of points (a), (b). (c), (d) or (e) of the first subparagraph.

AddedArticle 18 – paragraph 1 a (new): 1a. Paragraph 2 shall not apply to minors.

AddedArticle 18 – paragraph 2: 2. Points (a) to (d) of paragraph 2 shall apply to persons who incite or otherwise participate in the commission of the crimes or acts mentioned therein.

Article 20 – title: Withdrawal of subsidiary protection status / (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Change 47

RemovedArticle 2(14) of this proposed Regulation provides for a definition of "withdrawal of international protection", which is intended to mean "the decision of competent authority to revoke, end or refuse to renew the refugee or subsidiary protection status". Given that definition, it is appropriate to use the expression "withdrawal of international protection" throughout the Articles and not to repeat constantly "revocation of, ending of or refusal to renew".

Article 20 – paragraph 1 – introductory part: 1. The determining authority shall withdraw the subsidiary protection status of a third-country national or a stateless person where :

Change 48

RemovedAmendment tabled for consistency with earlier amendments.

AddedArticle 20 – paragraph 1 – point c: (c) his or her misrepresentation or omission of facts relevant to the merits of the application for international protection was decisive for the granting of subsidiary protection status;

Article 20 – paragraph 1 – point d: deleted

Change 49

RemovedThe principle of non-refoulment is absolute according to the Charter of Fundamental Rights of the European Union and the relevant case law of the CJEU and ECtHR. Therefore, no person should be returned if he or she would be subjected to torture or to inhuman or degrading treatment or punishment. This additional paragraph is irrelevant and should be deleted.

AddedArticle 20 – paragraph 2: 2. Without prejudice to the duty of the third-country national or stateless person pursuant to Article 4(1) to disclose all the elements available to him or her which substantiate the application for international protection, the Member State which has granted the subsidiary protection status shall, on an individual basis, demonstrate that the person concerned has ceased to be or is not eligible for subsidiary protection in accordance with paragraph 1 of this Article.

Article 20 – paragraph 3: 3. Decisions of the determining authority withdrawing subsidiary protection status pursuant to paragraph 1 (a) shall only take effect three months after the decision is taken, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.

Change 50

RemovedAmendment tabled for consistency with earlier amendments.

AddedArticle 21 – paragraph 1: In applying Article 20(1), the determining authority may review the subsidiary protection status in particular where information on countries of origin at Union level as referred to in Article 8 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] and common analysis of country of origin information as referred to in Article 10 of that Regulation indicate a significant change in the country of origin which is relevant for the protection needs of the beneficiary.

RemovedArticle 21 – paragraph 1: In applying Article 20(1), the determining authority may review the subsidiary protection status, in particular where information on countries of origin at Union level as referred to in Article 8 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] and common analysis of country of origin information as referred to in Article 10 of that Regulation indicate a significant change in the country of origin which is relevant for the protection needs of the applicant.

RemovedA systematic review of protection needs would prove highly resource-intensive for the determining authorities of the Member States. It is not at all the case that the authorities responsible for decisions on the need for international protection are the same authorities as those which issue residence permits. It is also important not to unduly undermine integration prospects via the perception that protection may only be temporary.

Article 21 – paragraph 1 – point a: deleted

Change 51

RemovedThis point is merged in with the introductory part of paragraph 1.

Article 21 – paragraph 1 – point b: deleted

Change 52

RemovedA systematic review of protection needs would prove highly resource-intensive for the determining authorities of the Member States. It is not at all the case that the authorities responsible for decisions on the need for international protection are the same authorities as those which issue residence permits. It is also important not to unduly undermine integration prospects via the perception that protection may only be temporary. This point should therefore be deleted.