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2017/2270(INL) Humanitarian visas
Progress: Procedure rejected
Lead LIBE LÓPEZ AGUILAR Juan Fernando ( S&D) BECKER Heinz K. ( PPE), HALLA-AHO Jussi ( ECR), WIKSTRÖM Cecilia ( ALDE), VERGIAT Marie-Christine ( GUE/NGL), VALERO Bodil ( Verts/ALE), FERRARA Laura ( EFDD), VILIMSKY Harald ( ENF)
Committee Opinion FEMM BJÖRK Malin ( GUE/NGL) Arne GERICKE ( ECR), Anna ZÁBORSKÁ ( PPE)
Lead committee dossier:
LIBE/8/11746
Legal Basis:
RoP 47
7.10.04 External borders crossing and controls, visas
7.10.06 Asylum, refugees, displaced persons; Asylum, Migration and Integration Fund (AMIF)
EP Register of documents
Commission response to text adopted in plenary
SP(2019)149
EP - Results of vote in Parliament
Results of vote in Parliament
EP - Decision by Parliament, 1st reading/single reading
EP - End of procedure in Parliament
EP - Debate in Parliament
Debate in Parliament
EP - Committee report tabled for plenary, single reading
The Committee on Civil Liberties, Justice and Home Affairs adopted the own-initiative report by Juan Fernando LÓPEZ AGUILAR (S&D, ES) with recommendations to the Commission on humanitarian visas.
Despite numerous announcements and requests for safe and legal pathways offering access to European territory for persons seeking international protection there is currently no harmonisation at Union level of protected entry procedures (PEPs) and no legal framework at Union level for humanitarian visas, i.e. visas issued for the purpose of reaching the territory of the Member States in order to seek international protection.
Member States are not required, under Union law, to grant a humanitarian visa to persons who wish to enter their territory with a view to applying for asylum, but they remain free to do so on the basis of their national law.
An estimated 90% of those granted international protection have reached the Union through irregular means. There are high costs, in human but also in social, economic and budgetary terms, associated with the status quo for the third-country nationals concerned (smuggler fees, risk of death and ill treatment, etc.) and for Member States and the Union (elevated budget for search and rescue, border protection, asylum procedures and possibly return in case of rejected applications for international protection).
Parliament, faced with the Commission's inaction, has decided to proceed with drawing up this legislative own-initiative report on humanitarian visas.
Members requested the Commission to submit, by 31 March 2019, a proposal for a Regulation on establishing a European Humanitarian Visa, following the recommendations set out below:
Title and legal basis : this legislative instrument should be a new, separate legal act. Point (a) of Article 77(2)(a) of the Treaty on the Functioning of the European Union (TFEU) should be set as its legal basis.
Procedures and conditions for issuing humanitarian visas : it is recommended that the procedures for such visas should be similar to short-stay visas wherever their nature allows for it. This should concern the procedural steps, processing deadlines, the need for an application form and biometric data, the involvement of external service providers, security checks and the right to appeal. The procedures should be different where the specific situation of the persons so require. Such visa applications should be decided on within 15 calendar days of the date of lodging the application.
There should always be an interview and it should also be possible to apply by electronic means. The visa application shall be assessed on a prima facie basis to consider whether applicants have an arguable claim of exposure to a real risk of persecution or serious harm.
Issuing a humanitarian visa : it is recommended that such visas should be issued by means of a common sticker and inserted into the Visa Information System.
Administrative management and organisation : the instrument should require administrative efforts for which Member States should be able to receive support. Applications for such a visa should be assessed by properly trained staff. Data protection, data security and confidentiality of communications should be ensured. Information on the procedures and conditions of such a visa as well as about the conditions and procedures to obtain international protection in the territory of the Member States should be made widely available.
Financial support : it is proposed to provide for significant financial support from the Integrated Border Management Fund to be made available to Member States for its implementation and to foresee that a Member State that issues such a humanitarian visa has access to the same compensation from the Asylum and Migration Fund as when a Member State receives a refugee through the European Resettlement Framework.
Amendment of other legal acts : it would be necessary to amend a series of acts of the visa acquis, in particular the Visa Code and the VIS, to adapt them to the existence of this completely new instrument. The same is necessary for the legislative instruments the holder of such a visa will then be subject when travelling to the EU.
EP - Vote in committee, 1st reading/single reading
EP - Committee opinion
PE622.295
EP - Amendments tabled in committee
EP - Committee draft report
EP - BJÖRK Malin (GUE/NGL) appointed as rapporteur in FEMM
EP - Committee referral announced in Parliament, 1st reading/single reading
EP - LÓPEZ AGUILAR Juan Fernando (S&D) appointed as rapporteur in LIBE
Commission response to text adopted in plenary: SP(2019)149
Results of vote in Parliament: Results of vote in Parliament
Debate in Parliament: Debate in Parliament
Committee report tabled for plenary, single reading: A8-0328/2018
Committee opinion: PE622.295
Amendments tabled in committee: PE627.032
Committee draft report: PE623.853
Ioan Mircea PAŞCU
Plenary Speeches (2)
2016/11/22 Humanitarian visas (debate) RO
Christos STYLIANIDES
2016/11/22 Humanitarian visas (debate)
Heinz K. BECKER
2016/11/22 Humanitarian visas (debate) DE
Michael CRAMER
2016/11/22 Humanitarian visas (A8-0328/2018 - Juan Fernando López Aguilar) (vote)
Jussi HALLA-AHO
Teresa JIMÉNEZ-BECERRIL BARRIO
2016/11/22 Humanitarian visas (debate) ES
Sylvia-Yvonne KAUFMANN
2016/11/22 Humanitarian visas (A8-0328/2018 - Juan Fernando López Aguilar) (vote) DE
Urszula KRUPA
2016/11/22 Humanitarian visas (A8-0328/2018 - Juan Fernando López Aguilar) PL
2016/11/22 Humanitarian visas (debate) IT
Innocenzo LEONTINI
Vladimír MAŇKA
2016/11/22 Humanitarian visas (debate) SK
Andrejs MAMIKINS
2016/11/22 Humanitarian visas (A8-0328/2018 - Juan Fernando López Aguilar) LV
Notis MARIAS
2016/11/22 Humanitarian visas (debate) EL
2016/11/22 Humanitarian visas (debate) PT
Christine REVAULT D'ALLONNES BONNEFOY
2016/11/22 Humanitarian visas (debate) FR
Elly SCHLEIN
Branislav ŠKRIPEK
Pavel TELIČKA
Bodil VALERO
2016/11/22 Humanitarian visas (debate) SV
Marie-Christine VERGIAT
Josef WEIDENHOLZER
A8-0328/2018 - Juan Fernando López Aguilar - Am 1 14/11/2018 13:33:27.000
2018/11/14 Outcome: -: 507, +: 127, 0: 21
United Kingdom ECR
Anthea McINTYRE, Charles TANNOCK, Daniel DALTON, Daniel HANNAN, David CAMPBELL BANNERMAN, Emma McCLARKIN, Geoffrey VAN ORDEN, Jacqueline FOSTER, John FLACK, John PROCTER, Kay SWINBURNE, Nirj DEVA, Rupert MATTHEWS, Sajjad KARIM, Syed KAMALL
Poland ECR
Anna FOTYGA, Beata GOSIEWSKA, Bolesław G. PIECHA, Czesław HOC, Edward CZESAK, Jadwiga WIŚNIEWSKA, Karol KARSKI, Kosma ZŁOTOWSKI, Marek JUREK, Mirosław PIOTROWSKI, Ryszard Antoni LEGUTKO, Ryszard CZARNECKI, Sławomir KŁOSOWSKI, Tomasz Piotr PORĘBA, Urszula KRUPA, Zbigniew KUŹMIUK, Zdzisław KRASNODĘBSKI
Denmark ECR
Anders Primdahl VISTISEN, Jørn DOHRMANN, Morten MESSERSCHMIDT
Cyprus ECR
Eleni THEOCHAROUS
Latvia ECR
Roberts ZĪLE
Lithuania ECR
Valdemar TOMAŠEVSKI
Finland ECR
Jussi HALLA-AHO, Pirkko RUOHONEN-LERNER
Croatia ECR
Ruža TOMAŠIĆ
Czechia ECR
Evžen TOŠENOVSKÝ, Jan ZAHRADIL
Slovakia ECR
Branislav ŠKRIPEK, Richard SULÍK
Against (1)
Jana ŽITŇANSKÁ
Bulgaria ECR
Angel DZHAMBAZKI, Nikolay BAREKOV
Belgium ECR
Anneleen VAN BOSSUYT, Helga STEVENS, Mark DEMESMAEKER
Sweden ECR
Kristina WINBERG, Peter LUNDGREN
Netherlands ECR
Abstain (2)
Bas BELDER, Peter van DALEN
Romania ECR
Laurenţiu REBEGA, Monica MACOVEI
Italy ECR
Remo SERNAGIOTTO
Germany ECR
Arne GERICKE, Bernd KÖLMEL, Bernd LUCKE, Hans-Olaf HENKEL, Joachim STARBATTY, Ulrike TREBESIUS
Poland ENF
Michał MARUSIK, Stanisław ŻÓŁTEK
Austria ENF
Barbara KAPPEL, Franz OBERMAYR, Georg MAYER, Harald VILIMSKY
Belgium ENF
Netherlands ENF
André ELISSEN, Auke ZIJLSTRA, Marcel de GRAAFF
France ENF
Dominique BILDE, Dominique MARTIN, France JAMET, Gilles LEBRETON, Jacques COLOMBIER, Jean-François JALKH, Jean-Luc SCHAFFHAUSER, Joëlle MÉLIN, Marie-Christine ARNAUTU, Marie-Christine BOUTONNET, Mylène TROSZCZYNSKI, Nicolas BAY, Philippe LOISEAU, Steeve BRIOIS
Italy ENF
Danilo Oscar LANCINI, Giancarlo SCOTTÀ, Mara BIZZOTTO, Marco ZANNI, Mario BORGHEZIO
Germany ENF
Marcus PRETZELL
United Kingdom EFDD
Bill ETHERIDGE, David COBURN, Gerard BATTEN, Jane COLLINS, Jill SEYMOUR, John Stuart AGNEW, Julia REID, Margot PARKER, Mike HOOKEM, Nathan GILL, Nigel FARAGE, Patrick O'FLYNN, Raymond FINCH, Tim AKER
Poland EFDD
Robert Jarosław IWASZKIEWICZ
Lithuania EFDD
Rolandas PAKSAS
Czechia EFDD
Jiří PAYNE
France EFDD
Bernard MONOT, Florian PHILIPPOT, Joëlle BERGERON, Mireille D'ORNANO, Sylvie GODDYN
Aymeric CHAUPRADE
Italy EFDD
Against (12)
Daniela AIUTO, Dario TAMBURRANO, Eleonora EVI, Fabio Massimo CASTALDO, Ignazio CORRAO, Isabella ADINOLFI, Laura AGEA, Laura FERRARA, Marco VALLI, Marco ZULLO, Piernicola PEDICINI, Rosa D'AMATO
Giulia MOI
Germany EFDD
Jörg MEUTHEN
United Kingdom NI
Diane JAMES, James CARVER
Steven WOOLFE
Poland NI
Dobromir SOŚNIERZ, Jacek SARYUSZ-WOLSKI
Kazimierz Michał UJAZDOWSKI
David BORRELLI
Greece NI
Eleftherios SYNADINOS, Georgios EPITIDEIOS, Lampros FOUNTOULIS
Kostas PAPADAKIS, Sotirios ZARIANOPOULOS
Hungary NI
Béla KOVÁCS, Zoltán BALCZÓ
France NI
Bruno GOLLNISCH, Sophie MONTEL
Germany NI
Udo VOIGT
Martin SONNEBORN
United Kingdom GUE/NGL
Martina ANDERSON
Denmark GUE/NGL
Rina Ronja KARI
Cyprus GUE/NGL
Neoklis SYLIKIOTIS
Finland GUE/NGL
Merja KYLLÖNEN
Czechia GUE/NGL
Jaromír KOHLÍČEK, Jiří MAŠTÁLKA, Kateřina KONEČNÁ
Greece GUE/NGL
Dimitrios PAPADIMOULIS, Kostadinka KUNEVA, Nikolaos CHOUNTIS, Sofia SAKORAFA, Stelios KOULOGLOU
Kostas CHRYSOGONOS
Ireland GUE/NGL
Luke Ming FLANAGAN, Lynn BOYLAN, Matt CARTHY
Sweden GUE/NGL
Malin BJÖRK
Netherlands GUE/NGL
Anja HAZEKAMP, Anne-Marie MINEUR, Dennis de JONG
Portugal GUE/NGL
João FERREIRA, Marisa MATIAS, Miguel VIEGAS
France GUE/NGL
Emmanuel MAUREL, Marie-Christine VERGIAT, Patrick LE HYARIC, Younous OMARJEE
Spain GUE/NGL
Javier COUSO PERMUY, Lola SÁNCHEZ CALDENTEY, Maria Lidia SENRA RODRÍGUEZ, Miguel URBÁN CRESPO, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Xabier BENITO ZILUAGA, Ángela VALLINA
Italy GUE/NGL
Barbara SPINELLI, Eleonora FORENZA
Germany GUE/NGL
Gabriele ZIMMER, Helmut SCHOLZ, Martin SCHIRDEWAN, Martina MICHELS, Sabine LÖSING, Stefan ECK
United Kingdom Verts/ALE
Alyn SMITH, Ian HUDGHTON, Jean LAMBERT, Jill EVANS, Keith TAYLOR, Molly SCOTT CATO
Denmark Verts/ALE
Margrete AUKEN
Estonia Verts/ALE
Indrek TARAND
Latvia Verts/ALE
Miroslavs MITROFANOVS
Lithuania Verts/ALE
Luxembourg Verts/ALE
Tilly METZ
Finland Verts/ALE
Heidi HAUTALA
Slovenia Verts/ALE
Igor ŠOLTES
Croatia Verts/ALE
Davor ŠKRLEC
Austria Verts/ALE
Michel REIMON, Monika VANA, Thomas WAITZ
Belgium Verts/ALE
Bart STAES, Philippe LAMBERTS
Hungary Verts/ALE
Benedek JÁVOR
Sweden Verts/ALE
Linnéa ENGSTRÖM
Bodil VALERO, Jakop DALUNDE, Max ANDERSSON
Netherlands Verts/ALE
Bas EICKHOUT, Judith SARGENTINI
France Verts/ALE
Eva JOLY, José BOVÉ, Karima DELLI, Michèle RIVASI, Pascal DURAND, Yannick JADOT
Spain Verts/ALE
Ernest URTASUN, Florent MARCELLESI, Jordi SOLÉ, Josep-Maria TERRICABRAS
Italy Verts/ALE
Marco AFFRONTE
Germany Verts/ALE
Helga TRÜPEL
Barbara LOCHBIHLER, Julia REDA, Klaus BUCHNER, Maria HEUBUCH, Martin HÄUSLING, Michael CRAMER, Rebecca HARMS, Reinhard BÜTIKOFER, Ska KELLER, Sven GIEGOLD, Terry REINTKE
United Kingdom ALDE
Catherine BEARDER
Denmark ALDE
Jens ROHDE, Morten LØKKEGAARD, Morten PETERSEN
Estonia ALDE
Igor GRÄZIN
Latvia ALDE
Iveta GRIGULE-PĒTERSE
Lithuania ALDE
Petras AUŠTREVIČIUS, Valentinas MAZURONIS, Viktor USPASKICH
Luxembourg ALDE
Charles GOERENS
Finland ALDE
Anneli JÄÄTTEENMÄKI, Mirja VEHKAPERÄ, Nils TORVALDS
Slovenia ALDE
Ivo VAJGL
Croatia ALDE
Ivan JAKOVČIĆ, Jozo RADOŠ
Czechia ALDE
Dita CHARANZOVÁ, Martina DLABAJOVÁ, Pavel TELIČKA, Petr JEŽEK
Ireland ALDE
Marian HARKIN
Bulgaria ALDE
Filiz HYUSMENOVA, Ilhan KYUCHYUK, Iskra MIHAYLOVA, Nedzhmi ALI
Belgium ALDE
Frédérique RIES, Guy VERHOFSTADT, Gérard DEPREZ, Hilde VAUTMANS, Lieve WIERINCK, Louis MICHEL
Sweden ALDE
Cecilia WIKSTRÖM, Fredrick FEDERLEY, Jasenko SELIMOVIC
Netherlands ALDE
Marietje SCHAAKE, Matthijs van MILTENBURG, Sophia in 't VELD
Caroline NAGTEGAAL, Jan HUITEMA, Johannes Cornelis van BAALEN
Portugal ALDE
António MARINHO E PINTO
Romania ALDE
Mircea DIACONU, Norica NICOLAI, Renate WEBER
France ALDE
Dominique RIQUET, Jean ARTHUIS, Jean-Marie CAVADA, Nathalie GRIESBECK, Patricia LALONDE, Robert ROCHEFORT, Thierry CORNILLET
Spain ALDE
Beatriz BECERRA BASTERRECHEA, Carolina PUNSET, Enrique CALVET CHAMBON, Izaskun BILBAO BARANDICA, Javier NART, Maite PAGAZAURTUNDÚA, María Teresa GIMÉNEZ BARBAT, Ramon TREMOSA i BALCELLS
Germany ALDE
Gesine MEISSNER, Ulrike MÜLLER
United Kingdom S&D
Alex MAYER, Clare MOODY, Claude MORAES, David MARTIN, Derek VAUGHAN, John HOWARTH, Jude KIRTON-DARLING, Linda McAVAN, Lucy ANDERSON, Mary HONEYBALL, Neena GILL, Paul BRANNEN, Richard CORBETT, Rory PALMER, Seb DANCE, Siôn SIMON, Theresa GRIFFIN, Wajid KHAN
Poland S&D
Adam GIEREK, Janusz ZEMKE, Lidia Joanna GERINGER de OEDENBERG
Denmark S&D
Christel SCHALDEMOSE, Jeppe KOFOD, Ole CHRISTENSEN
Cyprus S&D
Costas MAVRIDES
Estonia S&D
Ivari PADAR
Latvia S&D
Lithuania S&D
Vilija BLINKEVIČIŪTĖ, Zigmantas BALČYTIS
Luxembourg S&D
Mady DELVAUX
Malta S&D
Alfred SANT, Marlene MIZZI, Miriam DALLI
Finland S&D
Liisa JAAKONSAARI, Miapetra KUMPULA-NATRI
Slovenia S&D
Tanja FAJON
Croatia S&D
Biljana BORZAN, Tonino PICULA
Czechia S&D
Jan KELLER, Miroslav POCHE
Olga SEHNALOVÁ
Slovakia S&D
Boris ZALA, Monika BEŇOVÁ, Monika SMOLKOVÁ, Vladimír MAŇKA
Austria S&D
Eugen FREUND, Evelyn REGNER, Josef WEIDENHOLZER, Karin KADENBACH, Karoline GRASWANDER-HAINZ
Greece S&D
Eva KAILI, Giorgos GRAMMATIKAKIS, Miltiadis KYRKOS, Nikos ANDROULAKIS
Ireland S&D
Nessa CHILDERS
Bulgaria S&D
Georgi PIRINSKI, Momchil NEKOV, Peter KOUROUMBASHEV
Belgium S&D
Hugues BAYET, Kathleen VAN BREMPT, Marc TARABELLA, Maria ARENA
Hungary S&D
Csaba MOLNÁR, Péter NIEDERMÜLLER, Tibor SZANYI
Sweden S&D
Anna HEDH, Jytte GUTELAND, Marita ULVSKOG, Olle LUDVIGSSON, Soraya POST
Netherlands S&D
Agnes JONGERIUS, Kati PIRI, Paul TANG
Portugal S&D
Ana GOMES, Carlos ZORRINHO, Francisco ASSIS, Liliana RODRIGUES, Manuel dos SANTOS, Maria João RODRIGUES, Pedro SILVA PEREIRA, Ricardo SERRÃO SANTOS
Romania S&D
Andi CRISTEA, Claudia ȚAPARDEL, Claudiu Ciprian TĂNĂSESCU, Damian DRĂGHICI, Dan NICA, Doru-Claudian FRUNZULICĂ, Emilian PAVEL, Ioan Mircea PAŞCU, Maria GRAPINI, Maria Gabriela ZOANĂ, Răzvan POPA, Victor BOŞTINARU
France S&D
Christine REVAULT D'ALLONNES BONNEFOY, Edouard MARTIN, Eric ANDRIEU, Gilles PARGNEAUX, Guillaume BALAS, Isabelle THOMAS, Karine GLOANEC MAURIN, Louis-Joseph MANSCOUR, Pervenche BERÈS, Sylvie GUILLAUME, Vincent PEILLON, Virginie ROZIÈRE
Spain S&D
Clara AGUILERA, Eider GARDIAZABAL RUBIAL, Elena VALENCIANO, Enrique GUERRERO SALOM, Inma RODRÍGUEZ-PIÑERO, Inés AYALA SENDER, Iratxe GARCÍA PÉREZ, Javi LÓPEZ, José BLANCO LÓPEZ, Juan Fernando LÓPEZ AGUILAR, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ
Italy S&D
Nicola CAPUTO
Andrea COZZOLINO, Brando BENIFEI, Caterina CHINNICI, Cécile Kashetu KYENGE, Damiano ZOFFOLI, Daniele VIOTTI, David Maria SASSOLI, Elly SCHLEIN, Enrico GASBARRA, Flavio ZANONATO, Giuseppe FERRANDINO, Isabella DE MONTE, Luigi MORGANO, Massimo PAOLUCCI, Mercedes BRESSO, Michela GIUFFRIDA, Nicola DANTI, Paolo DE CASTRO, Patrizia TOIA, Pier Antonio PANZERI, Pina PICIERNO, Renata BRIANO, Roberto GUALTIERI, Sergio Gaetano COFFERATI, Silvia COSTA, Simona BONAFÈ
Germany S&D
Arndt KOHN, Arne LIETZ, Bernd LANGE, Birgit SIPPEL, Constanze KREHL, Dietmar KÖSTER, Evelyne GEBHARDT, Gabriele PREUSS, Iris HOFFMANN, Ismail ERTUG, Jakob von WEIZSÄCKER, Jens GEIER, Jo LEINEN, Joachim SCHUSTER, Kerstin WESTPHAL, Knut FLECKENSTEIN, Maria NOICHL, Martina WERNER, Michael DETJEN, Norbert NEUSER, Peter SIMON, Petra KAMMEREVERT, Susanne MELIOR, Sylvia-Yvonne KAUFMANN, Tiemo WÖLKEN, Udo BULLMANN, Ulrike RODUST
United Kingdom PPE
Julie GIRLING
Poland PPE
Adam SZEJNFELD, Agnieszka KOZŁOWSKA-RAJEWICZ, Andrzej GRZYB, Bogdan Andrzej ZDROJEWSKI, Danuta JAZŁOWIECKA, Danuta Maria HÜBNER, Dariusz ROSATI, Jan OLBRYCHT, Janusz LEWANDOWSKI, Jarosław WAŁĘSA, Jerzy BUZEK, Julia PITERA, Krzysztof HETMAN, Marek PLURA, Michał BONI, Tadeusz ZWIEFKA
Denmark PPE
Bendt BENDTSEN
Cyprus PPE
Lefteris CHRISTOFOROU
Latvia PPE
Inese VAIDERE, Krišjānis KARIŅŠ
Lithuania PPE
Algirdas SAUDARGAS, Laima Liucija ANDRIKIENĖ
Luxembourg PPE
Christophe HANSEN, Frank ENGEL, Georges BACH
Malta PPE
David CASA, Francis ZAMMIT DIMECH, Roberta METSOLA
Finland PPE
Henna VIRKKUNEN, Petri SARVAMAA
Slovenia PPE
Alojz PETERLE, Milan ZVER, Patricija ŠULIN, Romana TOMC
Croatia PPE
Dubravka ŠUICA, Ivana MALETIĆ, Marijana PETIR, Željana ZOVKO
Czechia PPE
Jaromír ŠTĚTINA, Luděk NIEDERMAYER, Michaela ŠOJDROVÁ, Pavel SVOBODA, Tomáš ZDECHOVSKÝ
Jiří POSPÍŠIL, Stanislav POLČÁK
Slovakia PPE
Anna ZÁBORSKÁ, Eduard KUKAN, Ivan ŠTEFANEC, József NAGY, Miroslav MIKOLÁŠIK, Pál CSÁKY
Austria PPE
Claudia SCHMIDT, Heinz K. BECKER, Lukas MANDL, Othmar KARAS, Paul RÜBIG
Greece PPE
Manolis KEFALOGIANNIS
Ireland PPE
Brian HAYES, Deirdre CLUNE, Mairead McGUINNESS, Seán KELLY
Bulgaria PPE
Andrey KOVATCHEV, Andrey NOVAKOV, Asim ADEMOV, Emil RADEV, Eva MAYDELL, Svetoslav Hristov MALINOV, Vladimir URUTCHEV
Belgium PPE
Claude ROLIN, Ivo BELET, Pascal ARIMONT, Tom VANDENKENDELAERE
Hungary PPE
Andor DELI, Andrea BOCSKOR, András GYÜRK, György SCHÖPFLIN, Kinga GÁL, László TŐKÉS, Lívia JÁRÓKA, Norbert ERDŐS, Tamás DEUTSCH, Ádám KÓSA
Sweden PPE
Anders SELLSTRÖM, Anna Maria CORAZZA BILDT, Christofer FJELLNER, Gunnar HÖKMARK
Netherlands PPE
Annie SCHREIJER-PIERIK, Esther de LANGE, Jeroen LENAERS, Lambert van NISTELROOIJ, Wim van de CAMP
Portugal PPE
Carlos COELHO, Fernando RUAS, José Inácio FARIA, José Manuel FERNANDES, Nuno MELO, Paulo RANGEL, Sofia RIBEIRO
Romania PPE
Cristian Dan PREDA, Cristian-Silviu BUŞOI, Csaba SÓGOR, Daniel BUDA, Marian-Jean MARINESCU, Mihai ŢURCANU, Ramona Nicole MĂNESCU, Siegfried MUREŞAN, Theodor Dumitru STOLOJAN, Traian UNGUREANU
France PPE
Alain CADEC, Alain LAMASSOURE, Angélique DELAHAYE, Anne SANDER, Brice HORTEFEUX, Elisabeth MORIN-CHARTIER, Françoise GROSSETÊTE, Jérôme LAVRILLEUX, Marc JOULAUD, Michèle ALLIOT-MARIE, Nadine MORANO, Philippe JUVIN, Rachida DATI, Renaud MUSELIER, Tokia SAÏFI
Spain PPE
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlos ITURGAIZ, Esteban GONZÁLEZ PONS, Esther HERRANZ GARCÍA, Francisco José MILLÁN MON, Francisco de Paula GAMBUS MILLET, Gabriel MATO, Luis de GRANDES PASCUAL, Pilar AYUSO, Pilar del CASTILLO VERA, Ramón Luis VALCÁRCEL SISO, Rosa ESTARÀS FERRAGUT, Santiago FISAS AYXELÀ, Teresa JIMÉNEZ-BECERRIL BARRIO, Verónica LOPE FONTAGNÉ
Italy PPE
Barbara MATERA, Elisabetta GARDINI, Fulvio MARTUSCIELLO, Giovanni LA VIA, Herbert DORFMANN, Lorenzo CESA, Massimiliano SALINI, Salvatore CICU
Germany PPE
Albert DESS, Andreas SCHWAB, Angelika NIEBLER, Axel VOSS, Birgit COLLIN-LANGEN, Christian EHLER, Daniel CASPARY, David McALLISTER, Dennis RADTKE, Dieter-Lebrecht KOCH, Elmar BROK, Godelieve QUISTHOUDT-ROWOHL, Ingeborg GRÄSSLE, Jens GIESEKE, Karl-Heinz FLORENZ, Manfred WEBER, Markus FERBER, Markus PIEPER, Michael GAHLER, Monika HOHLMEIER, Norbert LINS, Peter JAHR, Rainer WIELAND, Reimer BÖGE, Sabine VERHEYEN, Stefan GEHROLD, Sven SCHULZE, Thomas MANN, Werner KUHN, Werner LANGEN
A8-0328/2018 - Juan Fernando López Aguilar - Visa 5 14/11/2018 13:33:41.000
2018/11/14 Outcome: +: 474, -: 156, 0: 24
Andrea COZZOLINO, Brando BENIFEI, Caterina CHINNICI, Cécile Kashetu KYENGE, Damiano ZOFFOLI, Daniele VIOTTI, David Maria SASSOLI, Elly SCHLEIN, Enrico GASBARRA, Flavio ZANONATO, Giuseppe FERRANDINO, Isabella DE MONTE, Luigi MORGANO, Massimo PAOLUCCI, Mercedes BRESSO, Michela GIUFFRIDA, Nicola CAPUTO, Nicola DANTI, Paolo DE CASTRO, Patrizia TOIA, Pier Antonio PANZERI, Pina PICIERNO, Renata BRIANO, Roberto GUALTIERI, Sergio Gaetano COFFERATI, Silvia COSTA, Simona BONAFÈ
Agnes JONGERIUS, Paul TANG
Kati PIRI
Momchil NEKOV, Peter KOUROUMBASHEV
Georgi PIRINSKI
Miroslav POCHE
Jan KELLER
Boris ZALA, Monika BEŇOVÁ
Monika SMOLKOVÁ, Vladimír MAŇKA
Alex MAYER, Clare MOODY, Claude MORAES, David MARTIN, Derek VAUGHAN, John HOWARTH, Jude KIRTON-DARLING, Linda McAVAN, Lucy ANDERSON, Mary HONEYBALL, Neena GILL, Paul BRANNEN, Rory PALMER, Seb DANCE, Siôn SIMON, Theresa GRIFFIN, Wajid KHAN
Richard CORBETT
Albert DESS, Andreas SCHWAB, Angelika NIEBLER, Axel VOSS, Birgit COLLIN-LANGEN, Christian EHLER, Daniel CASPARY, David McALLISTER, Dennis RADTKE, Dieter-Lebrecht KOCH, Elmar BROK, Godelieve QUISTHOUDT-ROWOHL, Ingeborg GRÄSSLE, Jens GIESEKE, Karl-Heinz FLORENZ, Manfred WEBER, Markus PIEPER, Michael GAHLER, Monika HOHLMEIER, Norbert LINS, Peter JAHR, Rainer WIELAND, Reimer BÖGE, Sabine VERHEYEN, Stefan GEHROLD, Sven SCHULZE, Thomas MANN, Werner KUHN, Werner LANGEN
Elisabetta GARDINI, Fulvio MARTUSCIELLO, Giovanni LA VIA, Herbert DORFMANN, Innocenzo LEONTINI, Lorenzo CESA, Massimiliano SALINI, Salvatore CICU
Cristian Dan PREDA, Cristian-Silviu BUŞOI, Daniel BUDA, Marian-Jean MARINESCU, Mihai ŢURCANU, Ramona Nicole MĂNESCU, Siegfried MUREŞAN, Theodor Dumitru STOLOJAN
Csaba SÓGOR, Traian UNGUREANU
Carlos COELHO, Fernando RUAS, José Inácio FARIA, José Manuel FERNANDES, Paulo RANGEL, Sofia RIBEIRO
Heinz K. BECKER, Lukas MANDL, Othmar KARAS, Paul RÜBIG
Dubravka ŠUICA, Ivana MALETIĆ, Željana ZOVKO
Marijana PETIR
Alojz PETERLE, Patricija ŠULIN
Milan ZVER, Romana TOMC
Asim ADEMOV, Svetoslav Hristov MALINOV
Andrey KOVATCHEV, Andrey NOVAKOV, Emil RADEV, Eva MAYDELL, Vladimir URUTCHEV
Jaromír ŠTĚTINA, Michaela ŠOJDROVÁ
Pavel SVOBODA, Tomáš ZDECHOVSKÝ
Jiří POSPÍŠIL, Luděk NIEDERMAYER, Stanislav POLČÁK
Eduard KUKAN, Ivan ŠTEFANEC, Miroslav MIKOLÁŠIK
Anna ZÁBORSKÁ, József NAGY, Pál CSÁKY
Andor DELI, Andrea BOCSKOR, András GYÜRK, György SCHÖPFLIN, József SZÁJER, Kinga GÁL, László TŐKÉS, Lívia JÁRÓKA, Norbert ERDŐS, Tamás DEUTSCH, Ádám KÓSA
Pavel TELIČKA, Petr JEŽEK
Dita CHARANZOVÁ, Martina DLABAJOVÁ
Barbara LOCHBIHLER, Helga TRÜPEL, Julia REDA, Klaus BUCHNER, Maria HEUBUCH, Martin HÄUSLING, Michael CRAMER, Rebecca HARMS, Reinhard BÜTIKOFER, Ska KELLER, Sven GIEGOLD, Terry REINTKE
Bodil VALERO, Jakop DALUNDE, Linnéa ENGSTRÖM, Max ANDERSSON
João FERREIRA, João PIMENTA LOPES, Marisa MATIAS, Miguel VIEGAS
Dimitrios PAPADIMOULIS, Kostadinka KUNEVA, Kostas CHRYSOGONOS, Nikolaos CHOUNTIS, Sofia SAKORAFA, Stelios KOULOGLOU
Neoklis SYLIKIOTIS, Takis HADJIGEORGIOU
Daniela AIUTO, Dario TAMBURRANO, Eleonora EVI, Fabio Massimo CASTALDO, Ignazio CORRAO, Isabella ADINOLFI, Laura AGEA, Laura FERRARA, Marco VALLI, Marco ZULLO, Piernicola PEDICINI, Rosa D'AMATO, Tiziana BEGHIN
Florian PHILIPPOT, Mireille D'ORNANO
Bernard MONOT, Joëlle BERGERON, Sylvie GODDYN
Dobromir SOŚNIERZ, Jacek SARYUSZ-WOLSKI, Kazimierz Michał UJAZDOWSKI
Diane JAMES, James CARVER, Steven WOOLFE
Monica MACOVEI
Laurenţiu REBEGA
Greece ECR
Branislav ŠKRIPEK, Jana ŽITŇANSKÁ, Richard SULÍK
Anthea McINTYRE, Baroness Nosheena MOBARIK, Charles TANNOCK, Daniel DALTON, Daniel HANNAN, David CAMPBELL BANNERMAN, Emma McCLARKIN, Geoffrey VAN ORDEN, Jacqueline FOSTER, John FLACK, John PROCTER, Kay SWINBURNE, Nirj DEVA, Rupert MATTHEWS, Sajjad KARIM, Syed KAMALL
A8-0328/2018 - Juan Fernando López Aguilar - Considérant C 14/11/2018 13:33:58.000
2018/11/14 Outcome: +: 601, -: 38, 0: 16
Anna ZÁBORSKÁ, Eduard KUKAN, Ivan ŠTEFANEC, Miroslav MIKOLÁŠIK, Pál CSÁKY
József NAGY
Jaromír ŠTĚTINA, Luděk NIEDERMAYER, Michaela ŠOJDROVÁ, Pavel SVOBODA
Tomáš ZDECHOVSKÝ
Krišjānis KARIŅŠ
Dominique RIQUET, Jean ARTHUIS, Nathalie GRIESBECK, Patricia LALONDE, Robert ROCHEFORT, Thierry CORNILLET
Jean-Marie CAVADA
Caroline NAGTEGAAL, Jan HUITEMA, Johannes Cornelis van BAALEN, Marietje SCHAAKE, Matthijs van MILTENBURG, Sophia in 't VELD
Bruno GOLLNISCH
Sophie MONTEL
Jacek SARYUSZ-WOLSKI, Kazimierz Michał UJAZDOWSKI
Dobromir SOŚNIERZ
Aymeric CHAUPRADE, Florian PHILIPPOT, Mireille D'ORNANO
A8-0328/2018 - Juan Fernando López Aguilar - Résolution 14/11/2018 13:34:50.000
Andrea COZZOLINO, Brando BENIFEI, Caterina CHINNICI, Cécile Kashetu KYENGE, Damiano ZOFFOLI, Daniele VIOTTI, David Maria SASSOLI, Elly SCHLEIN, Enrico GASBARRA, Flavio ZANONATO, Giuseppe FERRANDINO, Isabella DE MONTE, Luigi MORGANO, Massimo PAOLUCCI, Mercedes BRESSO, Michela GIUFFRIDA, Nicola CAPUTO, Nicola DANTI, Paolo DE CASTRO, Patrizia TOIA, Pier Antonio PANZERI, Pina PICIERNO, Renata BRIANO, Roberto GUALTIERI, Silvia COSTA
Ana GOMES, Carlos ZORRINHO, Liliana RODRIGUES, Maria João RODRIGUES, Pedro SILVA PEREIRA, Ricardo SERRÃO SANTOS
Arndt KOHN, Arne LIETZ, Bernd LANGE, Birgit SIPPEL, Constanze KREHL, Dietmar KÖSTER, Evelyne GEBHARDT, Iris HOFFMANN, Ismail ERTUG, Jakob von WEIZSÄCKER, Jens GEIER, Jo LEINEN, Joachim SCHUSTER, Kerstin WESTPHAL, Knut FLECKENSTEIN, Maria NOICHL, Martina WERNER, Michael DETJEN, Peter SIMON, Petra KAMMEREVERT, Susanne MELIOR, Sylvia-Yvonne KAUFMANN, Tiemo WÖLKEN, Udo BULLMANN, Ulrike RODUST
Christine REVAULT D'ALLONNES BONNEFOY, Edouard MARTIN, Eric ANDRIEU, Gilles PARGNEAUX, Guillaume BALAS, Isabelle THOMAS, Karine GLOANEC MAURIN, Louis-Joseph MANSCOUR, Pervenche BERÈS, Sylvie GUILLAUME, Virginie ROZIÈRE
Andi CRISTEA, Claudia ȚAPARDEL, Doru-Claudian FRUNZULICĂ, Emilian PAVEL, Ioan Mircea PAŞCU, Maria GRAPINI, Maria Gabriela ZOANĂ, Răzvan POPA
Vilija BLINKEVIČIŪTĖ
Monika BEŇOVÁ
Janusz ZEMKE, Lidia Joanna GERINGER de OEDENBERG
Beatriz BECERRA BASTERRECHEA, Carolina PUNSET, Enrique CALVET CHAMBON, Izaskun BILBAO BARANDICA, Javier NART, Ramon TREMOSA i BALCELLS
Ulrike MÜLLER
Frédérique RIES, Guy VERHOFSTADT, Hilde VAUTMANS, Lieve WIERINCK, Louis MICHEL
Cecilia WIKSTRÖM, Fredrick FEDERLEY
Dominique RIQUET, Jean ARTHUIS, Jean-Marie CAVADA, Nathalie GRIESBECK, Robert ROCHEFORT, Thierry CORNILLET
Norica NICOLAI, Renate WEBER
Petras AUŠTREVIČIUS
Ivan JAKOVČIĆ
Jens ROHDE, Morten PETERSEN
Morten LØKKEGAARD
Barbara LOCHBIHLER, Julia REDA, Klaus BUCHNER, Maria HEUBUCH, Martin HÄUSLING, Michael CRAMER, Reinhard BÜTIKOFER, Ska KELLER, Sven GIEGOLD, Terry REINTKE
Thomas WAITZ
Eva JOLY, José BOVÉ, Karima DELLI, Pascal DURAND, Yannick JADOT
Gabriele ZIMMER, Helmut SCHOLZ, Martina MICHELS
Anja HAZEKAMP
Anne-Marie MINEUR, Dennis de JONG
Aymeric CHAUPRADE, Bernard MONOT, Florian PHILIPPOT, Sylvie GODDYN
Bill ETHERIDGE, Gerard BATTEN, Jane COLLINS, Jill SEYMOUR, John Stuart AGNEW, Julia REID, Margot PARKER, Mike HOOKEM, Nathan GILL, Patrick O'FLYNN, Raymond FINCH, Tim AKER
Giovanni LA VIA, Herbert DORFMANN, Innocenzo LEONTINI
Elisabetta GARDINI, Lorenzo CESA, Salvatore CICU
Barbara MATERA, Fulvio MARTUSCIELLO, Massimiliano SALINI
Carlos COELHO, José Inácio FARIA, José Manuel FERNANDES, Paulo RANGEL, Sofia RIBEIRO
Christian EHLER, Dennis RADTKE, Thomas MANN
Albert DESS, Andreas SCHWAB, Angelika NIEBLER, Axel VOSS, Daniel CASPARY, David McALLISTER, Dieter-Lebrecht KOCH, Godelieve QUISTHOUDT-ROWOHL, Ingeborg GRÄSSLE, Jens GIESEKE, Manfred WEBER, Markus FERBER, Markus PIEPER, Michael GAHLER, Monika HOHLMEIER, Norbert LINS, Peter JAHR, Rainer WIELAND, Reimer BÖGE, Sabine VERHEYEN, Stefan GEHROLD, Sven SCHULZE, Werner KUHN, Werner LANGEN
Birgit COLLIN-LANGEN, Joachim ZELLER
Claude ROLIN, Pascal ARIMONT
Ivo BELET, Tom VANDENKENDELAERE
Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Tokia SAÏFI
Alain CADEC, Alain LAMASSOURE, Angélique DELAHAYE, Anne SANDER, Brice HORTEFEUX, Françoise GROSSETÊTE, Marc JOULAUD, Nadine MORANO, Philippe JUVIN, Renaud MUSELIER
Michèle ALLIOT-MARIE, Rachida DATI
Cristian Dan PREDA
Cristian-Silviu BUŞOI, Csaba SÓGOR, Daniel BUDA, Marian-Jean MARINESCU, Mihai ŢURCANU, Theodor Dumitru STOLOJAN, Traian UNGUREANU
Ramona Nicole MĂNESCU, Siegfried MUREŞAN
Laima Liucija ANDRIKIENĖ
Algirdas SAUDARGAS
Lambert van NISTELROOIJ
Annie SCHREIJER-PIERIK, Esther de LANGE, Jeroen LENAERS, Wim van de CAMP
Andrey KOVATCHEV, Andrey NOVAKOV, Asim ADEMOV, Emil RADEV, Eva MAYDELL, Vladimir URUTCHEV
Svetoslav Hristov MALINOV
Michaela ŠOJDROVÁ
Jaromír ŠTĚTINA, Jiří POSPÍŠIL, Luděk NIEDERMAYER, Pavel SVOBODA, Stanislav POLČÁK
Anna ZÁBORSKÁ, Eduard KUKAN, József NAGY, Pál CSÁKY
Ivan ŠTEFANEC, Miroslav MIKOLÁŠIK
Adam SZEJNFELD, Agnieszka KOZŁOWSKA-RAJEWICZ, Danuta JAZŁOWIECKA, Danuta Maria HÜBNER, Dariusz ROSATI, Jan OLBRYCHT, Janusz LEWANDOWSKI, Jerzy BUZEK, Julia PITERA, Michał BONI
Andrzej GRZYB, Jarosław WAŁĘSA, Krzysztof HETMAN, Tadeusz ZWIEFKA
Bogdan Andrzej ZDROJEWSKI
Dominique BILDE, Dominique MARTIN, France JAMET, Gilles LEBRETON, Jacques COLOMBIER, Mylène TROSZCZYNSKI, Nicolas BAY, Philippe LOISEAU, Steeve BRIOIS
Auke ZIJLSTRA
Arne GERICKE, Bernd KÖLMEL, Hans-Olaf HENKEL, Ulrike TREBESIUS
Joachim STARBATTY
Bas BELDER
Peter van DALEN
Anthea McINTYRE, Charles TANNOCK, Daniel DALTON, Daniel HANNAN, David CAMPBELL BANNERMAN, Emma McCLARKIN, Geoffrey VAN ORDEN, Jacqueline FOSTER, John FLACK, Kay SWINBURNE, Nirj DEVA, Sajjad KARIM
Amendments Dossier
219 2017/2270(INL)
2018/06/28 FEMM 62 amendments...
Amendment 1 #
Mylène TROSZCZYNSKI
Draft opinion
Citation 1 a (new)
1a. having regard to Article 51 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code);
Amendment 10 #
Ernest URTASUN
Recital A a (new)
Aa. whereas the UNHCR Guidelines on Gender-Related Persecution (2002) consider that the refugee definition should cover gender-related claims and urges asylum-grantors to adopt a "gender-sensitive interpretation" of the grounds of protection and ensure a non- discriminatory process;
Maria Gabriela ZOANĂ
Recital A b (new)
Ab. whereas according to the International Organisation for Migration (IOM) statistics, since 2014 more than 15 thousand migrants have lost their lives or gone missing on the way to Europe in the Mediterranean; and whereas the Central Mediterranean remained the most deadly route with nearly two deaths for every 100 travellers in 2015, which is unacceptable;
Anna ZÁBORSKÁ
Ab. whereas humanitarian visas should be regarded as a legal instrument for those whose lives are threatened and not as a regular instrument of the EU´s immigration policy;
Recital A c (new)
Ac. whereas the Istanbul Convention, in particular its Article 60, requires the parties to take necessary legislative or other measures to ensure that gender- based violence against women may be recognized as a form of persecution and to ensure that the grounds for asylum listed in the 1951 Refugee Convention are interpreted in a gender-sensitive manner;
Recital B
B. whereas the need for safe and legal pathways to the Union are pressing, also from a gender perspective, and whereas humanitarian visas can be complementary, although not replacing, other safe pathways such as resettlement and humanitarian admissioit is vital that more effective measures to manage the EU's external borders be taken quickly in order to reduce trafficking in human beings, in particular the sex trafficking of women and children, and to cut off funding for terrorist or organised crime groups operating on the other side of the Mediterranean;
B. wWhereas there is an urgent need for safe and legal pathways to the Union are pressing, also from a gender perspectivethat are strictly regulated under Member State law, and at the same time for conditions to be improved in refugee reception centres and for access to healthcare and children's education to be provided, and whereas humanitarian visas can be complementary, al, where justified, facilitate, though not replacinge, other safe pathways such as resettlement and humanitarian admission; particular attention needs to be given to women and children, who are often left without support or assistance in conflict zones;
Recital C
C. whereas the current lack of a possibility to request protection on humanitarian grounds outside of the Union min France alone the number of visas issued for humanitarian reasons rose by 35%1a in 2017; whereans that persons seeking asylum are forced to enter Europe in an irregular manner thereby risking their lives and health, with particular and gendered consequences for women, girls and LGBTI persons;it is up to the Member States to decide whether or not to grant visas from their diplomatic representations (consulates and embassies) in foreign countries; __________________ 1a https://www.lemonde.fr/immigration-et- diversite/article/2018/01/16/immigration- les-expulsions-des-etrangers-en-situation- irreguliere-ont-augmente-de-14-6-en- 2017_5242278_1654200.html
C. whereas the current lack of a possibility to request protection on humanitarian grounds outside of the Union means that persons seeking asylum are forced to enter Europe in an irregular manner thereby risking their lives and health, with particular and gendered consequences for women, girls and LGBTI personschildren;
C. whereas the current lack of a possibility to request protection on humanitarian grounds outside of the Union means that persons seeking asylum are forced to enter Europe in an irregular manner thereby risking their lives and health, with particular and gendered consequences for women, girls and LGBTI person and girls;
C. whereas the current lack of a possibility to request protection on humanitarian grounds outside of the Union means that persons seeking asylum are forced to enter Europe in an irregular manner thereby risking their lives and health, with particular and gendered consequences for women, girls and LGBTI persons, such as rape, violence and being targets of smugglers and traffickers to be sexually and economically exploited;
Citation 1 b (new)
1b. having regard to the judgment of the CJEU in case C-638/16 PPU of 7 March 20172
Recital C a (new)
Ca. whereas the creation of humanitarian visa will grant vulnerable people and those individuals that face specific challenges such as ill people, people with disabilities, families, women, pregnant women, children, elderly and LGTBI access to asylum procedures and humanitarian protection, travelling in a safe way to Europe where their asylum or humanitarian claim would be processed;
Ca. whereas women and girls can be subject to specific forms of gender-related persecution and discrimination in the countries of origin, including but not limited to female genital mutilation, forced marriage, domestic violence, rape, sexual violence, and 'honour crimes';
Ca. whereas granting a visa does not solve the problem that many refugees living in reception centres in the European Union, in particular women and children with Christian beliefs, face multiple kinds of violence, including sexual violence;
Ca. whereas according to the UNHCR in 2017, women comprised from 9 - 22 % of the sea arrivals to Italy, Greece and Spain 1a; the large gender discrepancy is related to women's specific vulnerability including economic and other dependencies; __________________ 1a https://data2.unhcr.org/en/documents/do wnload/63039
Recital C b (new)
Cb. whereas criminal groups, smugglers and traffickers take advantage of the lack of safe passage into Europe, and women and girls who are in need of international protection become particularly vulnerable to sexual exploitation and are being forced to survival sex in exchange for continuing their journey, and therefore these women and girls are more exposed to the risk of sexually transmitted diseases, including HIV;
Cb. whereas women, girls and children face high risks of being raped, suffer from sexual and physical abuse and violence and tend to be more vulnerable to all forms of exploitation including labour exploitation and forced prostitution along the routes to the EU;
Recital C c (new)
Cc. whereas girls and women victims of gender-based violence who are in need of international protection may be reluctant to identify the true extent of the persecution suffered or feared and therefore, they require a supportive environment that they can be reassured of the confidentiality;
Paragraph -1 (new)
-1. Emphasises the pressing need of safe and legal pathways to the European union, of which Humanitarian visas should be one; This is important from a gender perspective since women and LGBTI persons are particularly vulnerable and therefore more exposed to sexual and gender-based violence along routes and in reception centres.
Paragraph 1
1. Emphasizes that oftentimes vulnerable economic and other type of dependence puts women and girls Stresses the need to distinguish economic migrants (persons leaving theird countries in a situation where it is even more improbable for them then for men to safely seek asylum - according to the UNHCR in 2017, women comprised from 9 - 22 % of the sea ary of origin not because of a direct threat of persecution or death, but in order to improve their materivals to Italy, Greece and Spain1; __________________ 1 [1] https://data2.unhcr.org/en/documents/do wnload/63039 living conditions) from asylum seekers;
1. Emphasizes that oftentimes vulnerable economic and other type of dependenceies puts women and girls in third countries in a situation where it is even more improbabledifficult for them thean for men to safely seek asylum - according to the UNHCR in 2017, women comprised from 9 - 22 % of the sea arrivals to Italy, Greece and Spain1 ; __________________ 1 [1] https://data2.unhcr.org/en/documents/do wnload/63039;
Recital A
A. whereas gender is a ground for protection under the 1951 UN Convention 1 https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1414687415278&uri=CELEX:02006R0562-20131126 2 https://curia.europa.eu/jcms/upload/docs/application/pdf/2017-03/cp170024en.pdf relating to the status of Refugeesthe 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol (the Refugee Convention) define a 'refugee' as a person who, 'owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and its 1967 Protocol (the Refugee Convention) and women worldwide are affected disproportionately by sexual and others forms of gender-baunable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it', which also applies to women and children exposed to violence worldwide;
1. ERegrets that there is a great degree of gender inequality for women and girls who are forced to leave their countries of origin for international protection; emphasizes that oftentimes vulnerable economic and other type of dependence puts women and girls in third countries in a situation where it is even more improbable for them thean for men to safely seek asylum - according to the UNHCR in 2017, women comprised from 9 - 22 % of the sea arrivals to Italy, Greece and Spain1 ; __________________ 1 [1] https://data2.unhcr.org/en/documents/down load/63039
Paragraph 1 a (new)
1a. Points out that these persons continue to receive the protection of their government when they return to their country of origin;
2. CondemnsExpresses opposition to, and concerns about, the ongoing situation where in order to, when seeking asylum in the EU, women and girls, as well as LGBTI persons put themselves under the serious risk of sexual and gender-based, girls and children, in particular Christians, are placed at serious risk of violence, including sexual violence, along routes and in reception centersres; Calls on the EU Member States to take action;
2. Condemns the ongoing situation where in order to seek asylum in the EU, women and girls, as well as LGBTI persons put themselves undercurrent EU policies which expose women and girls to the serious risk of sexual and gender-basedphysical violence along routes and in reception centeres by fuelling the trafficking of migrants by supporting NGOs which work with people-smuggling mafias;
Barbara MATERA
2. Condemns the ongoing situation where in order to seek asylum in the EU, women and girls, as well asnd LGBTI persons put themselves under the serious risk of sexual and gender-based violence along routes and in reception centeres;
2. Condemns the ongoing situation where in order to seek asylum in the EU, women and girls, as well as LGBTI persons put themselves under the serious risk of sexual and gender-basedphysical, psychological and notably sexual violence along migratory routes and in reception centeres;
2a. Stresses that gender-based violence, including sexual violence, has serious consequences on women and girls' life and health, which could affect the mental health of women and lead to post-traumatic stress disorder, and anxiety and depression;
2a. Stresses the need for funding to support, specifically, the more vulnerable women and girls in our society, particularly women with disabilities, women refugees and those who are victims of trafficking and abuse;
2a. Expresses objections to, and concerns about, the fact that Christians are being persecuted and discriminated against for their faith, including in centres for immigrants;
2a. Underlines that women, girls, and LGBTI persons who claim a well-founded fear of gender-based persecution need to be able to safely request visas on humanitarian grounds;
A. whereas gender isthe race, religion, nationality, membership of a particular social group, or political opinion are a ground for protection under the 1951 UN Convention relating to the status of Refugees and its 1967 Protocol (the Refugee Convention) and women worldwide are affected disproportionately by sexual and others forms of gender-based violence;
Paragraph 2 b (new)
2b. Is deeply concerned and regrets the deaths and human rights violations at the EU external borders; believes that legal and safe route into the EU is a crucial step for women, girls and minors who are in need of international protection, which will improve their security and safety, prevent them from gender-based violence along migration routes and secure their fundamental rights;
3. CRecalls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlemethat Member States are not required, under EU law, to grant and humanitarian admission, to be established at the Union level and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility tovisa to persons who wish to travel to their territory with the intention of applying for a European humanitarian visa directly at any consulate or embassy of the Member States, while ensuring its gender-sensitive approach and effective protection of persons suffering gender-based persecution.sylum, but that they remain free to do so directly in the countries of origin on the basis of their national law;
3. Calls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlement and humanitarian admission and complementary to a programme that takes account of the difficult situation faced by Christians, who are often forced to live in reception centres in hostile areas, to be established at the Union level and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility to apply for a European humanitarian visa directly at any consulate or embassy of the Member States, while ensuring its gender- sensitive approach and effective protection of persons, including those suffering genderreligion-based persecution.
3. Calls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlement and humanitarian admission, to be established at the Union level and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility to apply for a European humanitarian visa directly at any consulate or embassy of the Member States, while ensuring its gender-sensitive approach and effective protection of persons suffering gender-based persecutio, while ensuring effective protection of all applicants, especially children and women.
3. Calls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlement and humanitarian admission, to be established at the Union lewhile ensuring its gender-sensitivel and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility to apply for a European humanitarian visa directly at any consulate or embassy of the Member States, while ensuring its gender-sensitive approach and effective protection of persons suffering gender-based persecution.pproach and effective protection of persons suffering gender-based persecution in which it is of outmost importance that the process is handled in a sensitive and respectful way, with full understanding regarding the complexity and the vulnerabilities of women and LGBTI persons;
3. Calls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlement and humanitarian admission, to be established at the Union level in order to provide an additional safe and legal access to the EU territory for persons in need of international protection and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility to apply for a European humanitarian visa directly at any consulate or embassy of the Member States, while ensuring its gender-sensitive approach and effective protection of persons suffering gender-based persecution.
3a. Calls for all available financial, legal and political resources to be mobilised at EU level to help refugees in their country of origin, and in particular for an end to be brought to conflicts and the exploitation of natural resources by multinationals, which creates poverty and causes locals to flee their country for economic reasons; calls for all available resources be mobilised at EU level to help refugees in the reception centres assigned to them, so that as soon as the conflicts end they can return to their homes; calls for the creation of a special emergency aid instrument for refugees, especially children, with a view to giving them access to basic healthcare and education;
3a. Calls on the Commission to incorporate a gender perspective into the proposal, to respect for the existing international and European guidelines and legal instruments, and to recognize gender-based persecution as a valid ground for seeking international protection;
3a. Calls for the instrument of humanitarian visa to take especially into account the gender related claims of women and to implement in the visa process the recommendations of the 2002 UNHCR gender guidelines to ensure a process without discrimination;
3a. Points out that Member States should be given back control of their borders and should be free not to authorise the free movement of persons holding a humanitarian visa;
A. whereas gender is a ground forpersecution on the basis of a person's gender constitutes a ground for seeking and being granted international protection under the 1951 UN Convention relating to the status of Refugees and its 1967 Protocol (the Refugee Convention) as well as under different international and EU legal frameworks, including the Istanbul Convention, and women worldwide are affected disproportionately by sexual and others forms of gender-based violence;
3b. Calls on the Member States to provide necessary and sufficient trainings to staffs and health professionals involved in dealing with children, girls and women victims of gender-based violence when they arrive in the EU, in order to provide specialised assistance and care services, including sexual and reproductive healthcare and psychological support;
3b. Points out that the instrument of humanitarian visa should also include humanitarian protection claims based on health conditions, compelling family grounds when these do not amount to grounds for family reunification, climate displacement reasons and other compelling cases of humanitarian protection needs.
Paragraph 3 c (new)
3c. Highlights that gendered forms of violence and discrimination, including but not limited to rape and sexual violence, FGM, forced marriage, domestic violence, so-called honour crimes and state- sanctioned gender discrimination, constitute persecution and should be valid reasons for seeking asylum or humanitarian protection and therefore be reflected in the new instrument;
3c. Regrets that some Member States have not ratified the Istanbul Convention and reiterates its call for all Member States to ratify the Istanbul Convention and to fully implement it without any delay;
Paragraph 3 d (new)
3d. Calls on the Commission to issue new gender guidelines to ensure the inclusion of the gender perspective in all phases of the asylum procedure and in compliance with the 2002 UNCHR Gender guidelines processes should grant the choice of the gender of the interviewer and take country information relating to the situation of women into account;
3d. Calls for shared responsibility and close cooperation among the European countries, international organizations, relevant stakeholders and sectors at different levels;
Paragraph 3 e (new)
3e. Alerts that the new instrument of humanitarian visa cannot serve as a way to shift the responsibility to assess refugees' claims to countries outside Europe but as a way to ensure asylum seekers and person in need of humanitarian protection travel safe to Europe where their claim then would be processed; whereas proposals such as the disembarkation platforms fundamentally undermine the core principles of international and European refugee protection;
3e. Calls on the Commission and the Member States to improve the collection of sex-disaggregated data in current refugee crisis and to ensure that a gender equality perspective is incorporated into relevant asylum policies;
Paragraph 3 f (new)
3f. Reminds the Commission and the Member States that the protection of persons in need of international protection is an issue which concerns all and a common response based on the principle of solidarity shall be given;
3f. Reminds that legislation and policies to combat human smuggling should never prevent access to EU asylum procedures and should seek to help migrant and refugees avoid exploitative harmful situations;
A. whereas genderviolence against women is a ground for protection under the 1951 UN Convention relating to the status of Refugees and its 1967 Protocol (the Refugee Convention) and women worldwide are affected disproportionately by sexual and others forms of gender-based violence;
Paragraph 3 g (new)
3g. Calls on the Commission proposal to take account of women and girls who are victims of gender-based violence in countries of origin and are in need of international protection, such as their application might be prioritised in order to reduce the waiting time, and they should be able to be interviewed separately and be informed of the choice to have interviewers and interpreters of the same sex as themselves; recommends that special assistance to be given to these women and girls during the application of humanitarian visas and when necessary, second or subsequent interviews should be conducted; addresses that the interviewers should receive sufficient trainings before conducting the interviews;
3g. Criticises the designation of third countries as safe countries of origin, safe third countries and first countries of asylum and underlines that even in countries deemed safe, women may suffer gender-based persecution, while LGBTI persons may also suffer abuse, thus having a legitimate request for protection;
Paragraph 3 h (new)
3h. Calls for an immediate end to the detention of children, pregnant and nursing women and survivors of rape, sexual violence and trafficking, and for appropriate psychological support to be made available;
A. whereas gender is a ground for protection under the 1951 UN Convention relating to the status of Refugees and its 1967 Protocol (the Refugee Convention) and women worldwide are affected disproportionately by sexual and others forms of gender-based violence, and affected in specific ways in times of armed conflict and war;
Aa. whereas, according to the Article 79 (1) of the TFEU, the Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings; whereas, according to the Article 79 (2c) of the TFEU, the European Parliament and the Council, shall adopt measures in the area of illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation;
Aa. whereas in current refugee crisis, single women travelling alone or with children, women heads of household, pregnant and lactating women, people with disabilities, adolescent girls and elderly women are among those who are particularly vulnerable along migration routes to Europe and are facing particular greater risks of gender-based violence;
source: 623.950
2018/09/03 LIBE 157 amendments...
Motion for a resolution
with recommendations to the Commission on European Humanitarian Visas
Helga STEVENS
A. whereas despite numerous announcements and requests for safe legal pathways for persons seekrequiring international protection there is currently no legal framework at European level for humanitarian visas, i.e. visas issued for the purpose of reaching the territory of the Member States in order to seekobtain international protection;
Amendment 100 #
Annex I – paragraph 1 – indent 10
– provide that the documents submitted be assessed, including as regards their authenticity, by a competent, independent, and impartial authoritythe authorities of the Member States in which an application has been made, with adequate knowledge and expertise in matters of international protection,
Marie-Christine VERGIAT, Barbara SPINELLI
Annex I – paragraph 1 – indent 10 a (new)
– guarantee that the visa can be issued as a preventive measure to rule out any violation of the principle of non- refoulement and that the benefit of the doubt will be granted to the applicant, unless there is irrefutable evidence from independent sources to justify turning down the visa application;
– provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to consider whether applicants have an arguable claim of exposure to a real risk of persecution or serious harm without conducting a full status determination process; points out that 'prima facie' assessments must not be part of the refugee status determination process and that the assessment must not predetermine the granting or otherwise of refugee status, as that decision will only be taken when the applicant arrives, following detailed consideration of the asylum application,
– provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to consider whether applicants have an arguable claim of exposure to a real risk of persecution or serious harm, in particular in the light of the list of 'safe countries', without conducting a full status determination process,
– provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to consider whether applicants have an arguable claim of exposure to a real risk of persecution or serious harm without conducting a full status determination processin their country of origin and whether the applicants were already safe in a transit country in accordance with Article 33 et seq. of the Asylum Procedures Directive (Directive 2013/32/EU),
– provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to consider whebe assessed on the basis of ther applicant's have an arguable claim of exposure to a real risk of persecution or serious harmdeclaration and interview and, where available, supporting documentation, without conducting a full status determination process,
Cecilia WIKSTRÖM, Gérard DEPREZ
– provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to considerestablish whether applicants have an arguable manifestly well founded claim of exposure to a real risk of persecution or serious harm without conducting a full status determination process,
– whereas a list of safe first countries of asylum within the meaning of Article 33 et seq. of the Asylum Procedures Directive (Directive 2013/32/EU) must be drawn up in advance; whereas Turkey, Lebanon and Jordan at least should be counted among such safe transit countries, save in exceptional situations where individual applicants may not receive appropriate treatment on entry because of factors such as their ethnic or cultural background, state of health, etc.,
– provide that each applicant for such a visa be subject to a security screening, including by searching SIS, ECRIS-TCN, and Europol datain the relevant EU and national databases while fully respecting the applicable access rights and data protection rules, to ensure that he or she does not pose such a risk,
– provide that each applicant for such a visa be subject to a security screening, including by searching SIS, ECRIS-TCN,, before the issuing of such a visa, each applicant be subject to a security screening, through the relevant national and Europolean data,bases, in order to ensure that he or she does not pose such aa security risk,
Aa. whereas - as a result - an estimated 90% of those granted international protection have reached the Union through irregular means and, since 2014, more than 17,000 migrant fatalities were recorded at Europe's external borders, a figure that represents approximately two thirds (66%) of the total number of deaths and disappearances recorded worldwide by the IOM1a; _________________ 1aSee: International Organization for Migration (IOM), Missing Migrants Project
– provide that each applicant for such a visa be subject to a security screening, including by searching SIS, ECRIS-TCN, and Europol data, to ensure that he or she does not pose such a risk, as defined in Article 1F of the 1951 Convention on the status of refugees, in compliance with the principles of proportionality, necessity and effective judicial review,
– provide that such visa applications be decided on within 15 calendar days of the date of lodging the application,deleted
Dietmar KÖSTER
– provide that such visa applications shall be decided on within 15 calendar days of the date of lodging the application,
– provide that such visa applications be decided on within 15 calendar days of the date of lodgsubmitting the application,
– provide that the decision on the application be communicated to the applicant and that it be individualised, written and motivated,deleted
– provide that the decision on the application be communicated to the applicant and that it be individualised, written and motivated, in a language that the applicant can understand, setting out the relevant deadlines and details of appeal procedures,
– provide that the decision on the application be duly communicated to the applicant in a language that he or she can understand and that it be individualised, written and motivated,
– provide that a third-country national refused such a visa have the possibility for an appeal as is currently foreseen in the case of a refusal of a short-stay visa or a refusal of entry at the border,deleted
– provide that a third-country national refused such a visa have the possibility for anright to appeal as is currently foreseen in the case of a refusal of a short- stay visa or a refusal of entry at the border, and, in case of third-country nationals who apply for a European humanitarian visa in order to apply for international protection in the Member States, the possibility for an appeal should be granted in line with the applicable rules under Regulation (EU) No XXX/XXX [Asylum Procedures Regulation],
– provide that a third-country national refused such a visa have the possibility for an appeal and be given redress as is currently foreseen in the case of a refusal of a short- stay visa or a refusal of entry at the border, taking account of the safety and vulnerability of the applicant,
Anders Primdahl VISTISEN, Jussi HALLA-AHO, Branislav ŠKRIPEK
Aa. whereas according to recent case law 'Member States are not required, under EU law, to grant a humanitarian visa to persons who wish to enter their territory with a view to applying for asylum, but they remain free to do so on the basis of their national law' (Case C- 638/16 PPU X and X v État belge);
– provide for such visas to be issued by means of a common sticker,deleted
– provide for such visas to be issued by means of a common sticker, and registered in a common European database,
– provide for such visas to be issued by means of a common sticker and inserted into VIS,
– provide that once a humanitarian visa is issued it allows its holder to enter the territory of the Member State issuing the visa for the sole purpose of making an application for international protection in that Member State,
– provide that once a European humanitarian visa is issued it allows its holder to enter the territory of the Member State issuing the visa for the sole purpose of making an application for international or humanitarian protection in that Member State,
– provide that once a humanitarian visa is issued it allows its holder to enter at his or her own expense the territory of the Member State issuing the visa for the sole purpose of making an application for international protection in that Member State,
– provide that once a humanitarian visa is issued it allows its holder to enter the territory of the Member State issuing the visa for the sole purpose of making an application forobtaining provisional international protection in that Member State,
– provide that, once a European humanitarian visa is issued and its holder has reached the territory of the EU, the EU's common asylum acquis and procedures shall apply, including Regulation (EU) No XXX/XXX [Dublin Regulation] and Regulation (EU) No XXX/XXX [Asylum Procedures Regulation] and the rights enshrined therein,
– provide that applications for such a visa be assessed by properly trained staff of the Member States and staff from competent Member State authorities with knowledge about the country of origin and having adequate expertise in Union asylum and fundamental rights law, having received appropriate training by the European Asylum Support Office,deleted
– provide that applications for such a visa be assessed by properly trained staff of the Member States and staff from competent Member State authorities with knowledge about the country of origin and having adequate expertise in Union asylum and fundamental rights law, having received appropriate training by the European Asylum Support Office,
Aa. whereas, despite the lack of a European framework, some Member States are already issuing residence permits on humanitarian grounds;
– provide that such staff may either be posted in embassies or consulates or in Member States, in case of which applications are electronically transmitted and interviews conducted remotely,deleted
– provide that such staff may either be posted in embassies or consulates or in Member States, in case of which applications armay be electronically transmitted and interviews conducted remotely,
– provide that certain aspects of the process, which do not entail any pre- selection of cases, assessment or decision making of any kind, may be managed by external service providers, including the provision of information, the management of appointments for interviews, and the collection of biometric identifiers,deleted
– provide that certaonly the following aspects of the process, which do not entail any pre- selection of cases, assessment or decision making of any kind, may be managed by external service providers, including: the provision of information, the management of appointments for interviews, and the collection of biometric identifiers,
– provide that appropriate measures be put in place to ensure data protectionfully comply with rules on data protection, in particular the purpose limitation principle, data security and confidentiality of communications,
– provide that Member States cooperate with each other, to ensure its harmonised applicEU agencies, international organisations, with Union agencies, with UNHCR, as well as with other relevant governmental and non- governmental organisgovernmental and non-governmental organisations and other relevant stakeholders to ensure its harmonised applications,
– provide that information on the procedures and conditions of such a visa as well as about the conditions and procedures to obtain international protection in the territory of the Member States be made widely available, including on the websites of the Member States' embassies and consulates and via the European External Action Service,
– be implemented in several stages, beginning with a transition period of two years before its provisions become applicable, to allow for the necessary preparations to be made, followed by a further period of three years, during which its application is limited geographically to applicants residing in certain third countries to be decided upon by means of delegated acts, taking account of EUROSTAT and UNHCR data on recognition rates and global protection needs per year,deleted
B. whereas the number of persons admitted on the basis of national protected entry procedures or through resettlement remain low in comparison to the need; whereas the scope of these possibilities is equally narrow and in case of resettlement only includes persons who have already been recognised as refugees and who fulfil further vulnerability or geographical criteria;deleted
– be implemented in several stages, beginning with a transition period of two years before its provisions become applicable, to allow for the necessary preparations to be made, followed by a further period of three years, during which its application is limited geographically to applicants residing in certain third countries to be decided upon by means of delegated acts, taking account of EUROSTAT and UNHCR data on recognition rates and global protection needs per year,
– be evaluated after two years from the start of its application in view of deciding on a further progressive roll-out to cover ultimately all relevant refugee- producing third countries,
– be evaluated after two years from the start of its application in view of deciding on a further progressive roll-out to cover ultimately all relevant refugee- producing third countriesentry into force of the Regulation,
– where a final legislative proposal is forthcoming, be evaluated after two years from the start of its application in view of deciding on a further progressive roll-out to cover ultimately all relevant refugee- producing third countriesor abolition,
– provide for significant financial support from the Integrated Border Management Fund to be made available to Member States for its implementation, including, where necessary, to cover the expenses incurred by applicants and European humanitarian visa holders to realise their rights under the European Humanitarian Visa Scheme,
Annex I – paragraph 1 – indent 27 – subi. 1
– the Visa Code to clarify that for persons seeking international protection the provisions of the act establishing a European Humanitarian Visa apply,
– the Visa Code to clarify that for persons seeking international protection other provisions of the act establishing a European Humanitarian Visa apply,
– the Visa Code to clarify that for persons seeking international protection or humanitarian protection the provisions of the act establishing a European Humanitarian Visa apply,
B. whereas the number of persons admitted on the basis of national protected entry procedures or through resettlement remain low in comparison to the need, with significant disparities between Member States; whereas the scope of these possibilities is equally narrow and in case of resettlement only includes persons who have already been recognised as refugees and who fulfil further vulnerability or geographical criteria;
– the Visa Information System to provide for applications for a European humanitarian visa to be entered into that system,
– the Schengen Borders Code to adjust the entry conditions for persons seeking international protection,deleted
– the Schengen Borders Code to adjust the entry conditions for persons seeking international protectionwho have obtained a humanitarian visa, with a view to guaranteeing them access to European territory,
– the instruments constituting the Common European Asylum System, in particular the Dublin Regulation and the Asylum Procedures Directive, to ensure that any results of the examination of an application for a humanitarian visa are taken into account in the procedures conducted once the person seeking protection has reached the territory of the Member States.deleted
– the instruments constituting the Common European Asylum System, in particular the Dublin Regulation and the Asylum Procedures Directive, to ensure that any results of the examination of an application for a humanitarian visa are taken into account in the procedures conducted once the person seeking protection has reached the territory of the Member Stateswith a view to guaranteeing holders of humanitarian visas access to European territory.
Annex I – paragraph 1 – indent 27 – subi. 5 a (new)
– Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 and to Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 in order to exempt carriers transporting third-country nationals from liability, obligations and penalties where the third- country nationals involved declare their intention to apply for international or humanitarian protection in the territory of the Member States.
B. whereas the number of persons admitted on the basis of national protected entry procedures for humanitarian protection or through resettlement remain low in comparison to the global needs; whereas the scope of these possibilities is equally narrownational entry procedures for humanitarian protection and resettlement is narrowly defined and, in case of resettlement only includes persons who have already been recognised as refugees and who fulfil further vulnerability or geographical criteria, it is strictly connected to the criteria of vulnerability and registration as a refugee with UNHCR;
B. whereas the number of persons admitted on the basis of national protected entry procedurseveral EU Member States currently have or have previously had national schemes for through resettlement remain low in comparison to the need; whereas the scope of these possibilities is equally narrow and in casissuing humanitarian visas to guarantee national protected entry of people in need; whereas the scope of resettlement only includes persons who have already been recognised as refugees and who fulfil further vulnerability or geographical criteria;
Recital B a (new)
Ba. whereas European humanitarian visas should be complementary to and not substitute the already existing national entry procedures for humanitarian protection, resettlement procedures and spontaneous applications under international refugee law;
C. whereas - as a result - an estimated 90% of those granted international protection have reached the Union through irregular means;deleted
– having regard to the European Added Value Assessment on Humanitarian Visas prepared by the European Parliamentary Research Service,
C. whereas - as a result - an estimated 90% of those granted international protection have reached the Union through irregular means, which leads to them being stigmatised before they even arrive at the external borders of the Member States, in complete disregard for their fundamental rights;
C. whereas - as a result - an estimated 90% of those granted international protection have reached the Union through irregular meansaccording the UN Migration Agency (IOM), 58,158 migrants and refugees entered Europe by sea through 1 August 2018. Whereas that total compares to 113,283 at this time last year, and over 261,228 at this time in 2016;
C. whereas - as a result - anit is estimated that 90% of those granted international protection have reached the Union through irregular means;
Ca. whereas the vague and incomplete nature of the rules governing admission for the purposes of making an asylum application under the Schengen acquis and the lack of a common understanding of the arrangements applicable have made it possible for Member States to introduce discretionary humanitarian admission procedures which employ very different methods, selection criteria and procedures, and confer a range of different statuses;
Jussi HALLA-AHO, Anders Primdahl VISTISEN, Branislav ŠKRIPEK
Ca. whereas less than half (47%) of those applying for international protection are granted it at first instance; and with poor return rates (36%) this equates to high rates of absconding from those refused;
Ca. whereas, according to Eurostat, in many Member States most asylum applications are rejected as unfounded;
Recital D
D. whereas a Union legal framework is urgently needed as one means toin order to effectively address the intolerable death toll in the Mediterranean, and on the migration routes to the Union, to truly combat human smuggling, human trafficking, exposure to labour exploitation and violence on the black market, to manage the orderly arrival, reception and processing of asylum claims and to reduce Member States' and Union costs for asylum, law enforcement, border control, surveillance and search and rescue activities as well as to avoid fragmentation through diverging national practices risking to undermine common policies and the Uniohe EU should act responsibly and to deter asylum seekers from arriving in its territory, risking their lives at sea. Such measures may include offshore processing, mandatory detention, and the use of turn bacquis;ks.
D. whereas the human cost of these policies has been put at 30 000 deaths at least at the EU's borders since 2000; whereas a Union legal framework is urgently needed as one means to address the intolerable death toll in the Mediterranean and on the migration routes to the Union, to truly combat human smuggling, and human trafficking, exposure to labour exploitation and violence on the black market, to manage the orderly arrival, reception and processwhich generate earnings of asylum claims and to reduce Member States' and Union costs for asylum, law enforcement, border control, surveillance and search and rescue activities as well as to avoid fragmentation through diverging national practices risking to undermine common policies and the Union acquisup to USD 32 billion and between USD 7 and 10 billion respectively, exposure to labour exploitation, undeclared work, forced labour and forms of violence which may include slavery;
D. whereas a Union legal framework is urgently needed as one means to address the intolerable death toll in the Mediterranean and on the migration routes to the Union, to truly combat human smuggling, humanexposure to trafficking, exposure toin human beings, labour exploitation and violence on the black market, to manage the orderly arrival,s, dignified reception and fair processing of asylum claims and to reducoptimise Member States' and Union costsbudget for asylum, law enforcement, border control, surveillance procedures and search and rescue activities as well as to avoid fragmentation through diverging national practices risking to undermine common policies andchieve coherent practices in the Union asylum acquis;
Recital D a (new)
Da. whereas there is currently no EU scheme for humanitarian visas per se; whereas under existing schemes Member States can issue visas on humanitarian grounds under Article 25 of the Visa Code, however this is left to the discretion of the individual Member States, resulting in low issuance rates;
– having regard to Regulation (EC) No 810/2009 of the European Parliament and the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code),
Da. whereas the new EU legal framework must not act as an additional pull factor for irregular immigration or an incentive to circumvent the asylum system, but rather harmonise existing practices;
Recital E
E. whereas Parliament has trifailed to include provisions in this vein in Regulation (EC) No 810/2009 of the European Parliament and the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)1 ; _________________ 1 OJ L 243, 15.9.2009, p. 1. OJ L 243, 15.9.2009, p. 1.
Recital F
F. whereas both Council and the Commission have rejected these amendments, on the ground, among others, that, under the case law established by the European Court of Justice, such provisions should not be included in the Visa Code, given its scope covering short- stay visas only;
F. whereas both Council and the Commission have rejected these amendments, on the ground, among others, that such provisiona Union legal framework establishing Humanitarian Visas should not be included in the Visa Code, given its scope covering short-stay visas only;
Recital F a (new)
Fa. whereas the Schengen Border Code (SBC), which seeks to lay down rules on the monitoring of persons crossing or manifestly intending to cross the EU's external borders, fails to take proper account of the situation of asylum seekers, neither in the general criteria set out in its Article 6 nor in the exceptions it lays down, despite the references to non- refoulement and to the obligations concerning access to international protection in its Articles 3 and 4;
Recital G
G. whereas Parliament, faced with the Commission's inaction, has therefore decided to proceed with drawing up this legislative own-initiative report on humanitarian visas;deleted
G. whereas Parliament, faced with the Commission''s inaction, haslegal arguments and the Council's political arguments, therefore decided to proceed with drawing up this legislative own-initiative report on humanitarian visas; in exchange for progress regarding the Visa Code; whereas, however, the Visa Code negotiations finally foundered on provisions regarding European humanitarian visas that the S&D Group refused to abandon;
G. whereas Parliament, faced with the Council's and Commission's inaction, has therefore decided to proceed with drawing up this legislative own-initiative report on European humanitarian visas;
Recital H
H. whereas intensive work was undertaken, including with the help of experts, to draw up the recommendations which are annexed to this motion;deleted
H. whereas intensive work was undertaken, including with the help of experts, to draw up the recommendations which are annexed to this motion, the result is a proposal which encourages the smugglers' business model, with a fast- track route to the EU territory provided at the expense of EU taxpayers;
– having regard to Article 5 TEU, and Protocol No 2 on the application of the principles of subsidiarity and proportionality
1. Requests that Commission submit, by 31 March 2019, on the basis of Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning ofStates that, following the judgment of the Court of Justice of the European Union of 9 March 2017 in Case C-638/16 PPU, X. and X. v. État Belge1a, there is no legal basis for a binding legal act of the Union on long-term residence permits entitled "humanitarian visas"; draws attention to the Ecuropean Union, a proposal for a Regulation on establishing a Europearent legal acts of the Union which allow Member States to issue short-term residence permits with limited territorial validity on Hhumanitarian Visa, following the recommendations set out in the Annex to this resolution;grounds; does not, therefore, see a reason to create an additional type of residence permit; _________________ 1aJudgment of the Court of Justice of 9 March 2017, X. and X. v. État Belge, C- 638/16 PPU, ECLI:EU:C:2017:173.
1. Requests that Commission submitexamine, by 31 March 2019, on the basis of Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union, whether a proposal for a Regulation on establishing a European Humanitarian Visa, following the recommendations set out in the Annex to this resolutionhas a real added value over and above the pooling of national efforts initially sought by [the new regulation establishing a Union resettlement framework or] Directive 2001/55/ EC, using national humanitarian visas, or in accordance with Article 25(1)(a)(i) of the European Visa Code (810/2009/EC) and Article 5(4)(c) of the Schengen Borders Code (562/2006/EC);
1. Requesjects that Commission submit, by 31 March 2019, on the basis of Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union, a proposal for a Regulation on establishing a European Humanitarian Visa, following the recommendations set out in the Annex to this resolution;a proposal for a Regulation on establishing a European Humanitarian Visa.
Harald VILIMSKY, Nicolas BAY, Gilles LEBRETON
1. Requestalises that Commission submit, by 31 March 2019, on the basis of Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union, a proposal for a Regulation on establishing a European Humanitarian Visa, followthe introduction of a Humanitarian Visa will not only create an unmanageable administrative burden for consulates and embassies but also preserve fundamental problems regarding secondary movements within the EU, serious deficits ing the recommendations set out in the Annex to this resolutionEU return policies and the security problems resulting from it;
1. Requests that Commission submit, by 31 March 2019, on the basis of Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union, a proposal for a Regulation on establishing a European Humanitarian Visa, following the recommendations set out in the Annex to this resolution;
1a. States that this new and misleading interpretation of humanitarian visas could create more problems than it solves: a pull factor for third-country nationals, mass influx at embassies and consulates that would possibly lead to their closure, an increasing number of illegally staying third-country nationals in Member States due to the fact that there will continue to be negative asylum decisions;
1b. Expresses serious doubts that such an instrument establishing a European Humanitarian Visa would be able to stop the problems of smugglers, illegal immigration or attempts to cross the Mediterranean;
1c. Aims to stop migration as close to its origin as possible by, on the one hand, tackling the root causes of migration and by, on the other hand, establishing reception centres in third countries for those who are already on their way;
1d. Expresses the objective that asylum applications be dealt with outside the Union in third countries, in particular in Union-led reception centres, in order to prevent people from embarking on dangerous immigration routes such as the Mediterranean;
– having regard to the 1951 Geneva Convention relating to the Status of Refugees and Protocol of 1967,
2. Considers that part of the financial implications of the requested proposal should be covered by the general budget of the Union as a practical expression of the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States, in accordance with Article 80 of the Treaty on the Functioning of the European Union;deleted
2. Considers that part of the financial implications of the requested proposal should be covered by the general budget of the Union as a practical expression of the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States, in accordance with Article 80 of the Treaty on the Functioning of the European UnionUrges the Commission to examine the feasibility of refugee centres outside of the EU in order to offer the necessary protection in an efficient and controlled manner;
3. Instructs its President to forward this resolution and the accompanying recommendations to the Commission and the Council, and to the national Parliaments, the European Court of Justice, the European External Action Service, the European Asylum Support Office, the European Border and Coast Guard Agency, the European Union Agency for Law Enforcement Cooperation and the European Union Agency for Fundamental RighUrges the Commission to assess the relations with third countries on the basis of the cooperation in EU return policies and to propose efficient approaches to eliminate deficits.;
[...]deleted
Annex I – paragraph 1 – subheading 1
FORM AND TITLE OF THE INSTRUMENT TO BE ADOPTEDdeleted
Annex I – paragraph 1 – indent 1
– be a separate legal act to be adopted in the form of a Regulation entitled "Regulation establishing a European Humanitarian Visa",deleted
– have Articles 77(2)(b) and 78(2)(gd) of the Treaty on the Functioning of the European Union as legal basis,
– may have Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union as legal basis,
– have Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union as legal basis,
Citation 4 c (new)
– having regard to the UN Global Compact for Safe, Orderly and Regular Migration (GCM) and to the UN Global Compact on Refugees which followed the New York Declaration for Refugees and Migrants adopted unanimously by the United Nations General Assembly on 19 September 2016,
Annex I – paragraph 1 – indent 3 – introductory part
– be justified byit must be examined whether:
Annex I – paragraph 1 – indent 3 – subi. –1 (new)
-1. Practical implementation by the European Union and its Member States of their international obligations, in particular under Article 13 of the Universal Declaration of Human Rights, the 1951 Convention on the status of refugees and the 1967 Protocol on the status of refugees;
Annex I – paragraph 1 – indent 3 – subi. 1
– the currenta legal gap exists in Union law which does not foresee clear procedures, neither in the visa, nor in the borders or asylum acquis, for the admission to the territory of the Member States of persons seeking protection, with an estimated 90 % of the persons subsequently being recognised as refugees and beneficiaries of subsidiary protection reaching the territory of the Member States irregularly,1often through life-threatening routes, _________________ 1HEIN / DONATO (CIR) 2012: exploring avenues for protected entry in Europe, p. 17 and whether the sealing of this gap would constitute a real added value,
– the current legal gap in Union law which, in addition to resettlement procedures applicable to vulnerable refugees, does not foresee clearspecific procedures, neither in the visa, nor in the borders or asylum acquis, for the admission to the territory of the Member States of persons seeking protection, with an estimated 90 % of the persons subsequently being recognised as refugees and beneficiaries of subsidiary protection reaching the territory of the Member States irregularly,1 often through life-threatening routes, _________________ 1 HEIN / DONATO (CIR) 2012: exploring avenues for protected entry in Europe, p. 17
– the risk of fragmentation as Member States increasingly set up their own programmes of humanitarian admission and procedures, going against the general aim under Article 78(1) of the Treaty on the Functioning of the European Union to develop a common policy on asylum and subsidiary and temporary protection, and leading also to the risk that these different schemes undermine the uniform application of the common provisions on entry to the territorywhich logically follows from the exclusive competence of the Member States ofto decide which third- country nationals as laid down in the Schengen Borders Codemay enter their territory,
– the risk of fragmentation as Member States increasingly set up their own programmes of humanitarian admission and procedures, going against the general aim under Article 78(1) of the Treaty on the Functioning of the European Union to develop a common policy on asylum and subsidiary and temporary protection, and leading also to the risk that these different schemes undermine the uniform application of the common provisions on entry to the territory of the Member States of third-country nationals as laid down in the Visa Code and Schengen Borders Code,
– the high costs, in human but also in social, economic and budgetary terms, associated with the status quo for the third- country nationals concerned (smuggler fees, risk of trafficking and exploitation, risk of persecution, risk of mortality and ill treatment, etc.) and for Member States and the Union (elevated costsbudget for search and rescue, including for private shipping, border protection, cooperation with third countries, asylum procedures and possibly return in case of rejected applications for international protection as well as the fight against organised crime, trafficking and smuggling etc.),
– the added value of Union action, in terms of ensuring compliance with Union values, including fundamental rights, mutual trust between Member States and confidence in the system by asylum seekers, legal certainty, foreseeability, and the similar application and implementation of the rules, the achievement of economies of scale, and the reduction of the above-cited costs of the status quocurrent Union approach, under which every illegal entry is rewarded with the possibility of starting an asylum procedure, leading to life- threatening situations by encouraging individuals or entire families to board rickety vessels and brave the Mediterranean Sea in the (often vain) hope of obtaining right of residence in the Union, even if they were already safely established in a third country,
– the added value of Union action, in terms of ensuring compliance with Union values, including fundamental rights, mutual trust between Member States and confidence in the system by asylum seekers, legal certainty, foreseeability, and the similaruniform application and implementation of the rules, the achievement of economies of scale, and the reduction of the above- cited costs of the status quo,
– recall that the so-called Asylum Procedures Directive2 and Dublin Regulation3 only apply on the territory of the Member States, while there is, at present, no regular means for asylum applicants to reach the territory where these instruments apply, _________________ 2 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 3 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
A. whereas despite numerous announcements and requests for safe legal pathways offering access to European territory for persons seeking international protection there is currently no harmonisation at EU level of protected entry procedures (PEPs) and no legal framework at European level for humanitarian visas, i.e. visas issued for the purpose of reaching the territory of the Member States in order to seek international protection, even though the Charter of Fundamental Rights of the European Union recognises a 'right of asylum';
– recall that the so-called Asylum Procedures2 Directive2 and Dublin Regulation3 only apply on the territory of the Member States, while there is, at present, noa regular means for asylum applicants to reach the territory where these instruments apply, subject to the prior consent of the host Member State, _________________ 2 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 3 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
– recall that the so-called Common European Asylum System, including the Asylum Procedures Directive2 and Dublin Regulation3 only apply on the territory of the Member States, while there is, at present, no regular means for asylum applicants to reach the territory where these instruments apply, _________________ 2 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 3 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
Annex I – paragraph 1 – indent 4 a (new)
– stresses that, after the submission of an asylum application in a Member State, the EU's Common European Asylum System shall apply, including the Regulation (EU) No XXX/XXX [Dublin Regulation] and Regulation (EU) No XXX/XXX [Asylum Procedures Regulation],
– is of the view that a regulation for humanitarian visas should be complementary, in particular to the resettlement regulation, and provide a clear added value which cannot be provided by the instruments of the Common European Asylum System,
Annex I – paragraph 1 – indent 4 b (new)
– stresses that a refusal of an application for a European humanitarian visa does not affect in any way the right to apply for asylum within the EU nor does it prevent the applicant to enter other available protection schemes,
Annex I – paragraph 1 – indent 4 c (new)
– recall that resettlement procedures have a limited scope and apply to the most vulnerable individuals who have been registered as refugees with UNHCR and stresses that humanitarian visas should be complementary to, but not substitute, resettlement procedures,
– have as an objective to lay down provisions on the procedures and conditions for issuing a European humanitarian visa to persons seeking international or humanitarian protection, to allow those persons to enter the territory of the Member State issuing the visa for the sole purpose of making an application for international or humanitarian protection in that Member State,
– have as an objective to lay down provisions on the procedures and conditionguidelines for issuing a humanitarian visa to certain persons seeking international protection, to allow those persons to enter the territory of the Member State issuing the visa for the sole purpose of making an application for international protection in that Member State,
– may have as an objective to lay down provisions on the procedures and conditions for issuing a humanitarian visa to persons seekdeserving international protection, to allow those persons to enter the territory of the Member State issuing the visa for the sole purpose of making an application forobtaining international protection in that Member State,
– cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014 , and who are in need of protection against a real risk of being exposed to persecution or serious harm, as defined in Directive 2011/95/EU5 , in line with the prohibition of refoulement, as recognised by the Charter of Fundamental Rights of the European Union, but who are not covered by [the new Regulation establishing a Union Resettlement Framework or] Directive 2001/55/EC6 ,. Humanitarian visas should not be used for family members who would otherwise have a right to join their family in a Member State in a timely manner in accordance with other legal acts of the Union or national law. Family reunification should be independent of humanitarian visas and should be maintained as a key mechanism to ensure that Union citizens and third country nationals legally residing in the territory of the Member States enjoy their fundamental right to respect for family life. _________________ 4 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1). 5 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9). 6 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).
A. whereas despite numerous announcements and requests for safe legal pathways for persons seeking international protection there is currently no legal framework at European level for humanitarian visas, i.e. visas issued for the purpose of reaching the territory of the Member States in order to seekhumanitarian visas are one of the existing tools that sovereign Member States may decide to use in order to ensure that people in need can legally access international protection; in Europe.
– cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014 , and who are in need of protection against a real risk of being exposed to persecution or serious harm,ere the claims of exposure to or risk of persecution as defined in Directive 2011/95/(EU)5 , in line with the prohibition of refoulement, as recognised by the Charter of Fundamental Rights of the European Union, but who are not covered by [the new Regulation establishing a Union Resettlement Framework or] Directive 2001/55/EC6 ,are manifestly well founded. Member states shall further have the option to limit the scope for the issuing of a humanitarian visa to cases where a manifestly well-founded and immediate risk of persecution or further persecution would likely occur unless the person applying for the visa can avail themselves of the visa in order to leave their current geographical location. _________________ 4 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1). 5 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9). 6 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).
– cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014, and who are in need of protection against a real risk of being exposed to persecution or serious harm, as defined in Directive 2011/95/EU5, in line with the prohibition of refoulement, as recognised by the Charter of Fundamental Rights of the European Union, but who, are not covered by [the new Regulation establishing a Union Resettlement Framework or] Directive 2001/55/EC6, _________________ 4 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1). 5 Diside from the question of recognition as refugees, are not already recteive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9). 6 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in ing sufficient protection in the first country of asylum under article 33(2)(b) in conjunction with Article 35(b) of the current Asylum Procedures Direcetiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).e (Directive 2013/32/EU),
– cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014 , and who are in need of protection against a real risk of being exposed to persecution or serious harm, as defined inin line with Directive 2011/95/EU5 ,and in line with the prohibition of refoulement, as recognised by the Charter of Fundamental Rights of the European Union, but who are not covered byalready in the resettlement process as defined in national resettlement schemes or in [the new Regulation establishing a Union Resettlement Framework or] Directive 2001/55/EC6 , _________________ 4 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1). 5 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9). 6 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).
– cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/2001, and who are in need of humanitarian protection when this does not amount to protection under Directive 2011/95/EU. Humanitarian protection should include issues such as vulnerability grounds when these do not amount to grounds allowing for resettlement, health conditions, compelling family grounds when these do not amount to grounds for family reunification and other grounds of humanitarian protection needs, such as in compelling individual cases arising from environmental degradation or climate change,
– the regulation shall not impose an obligation on Member States to issue a humanitarian visa under certain given criteria but shall create a common framework for those Member States that wish to, on a case-by-case basis, issue humanitarian visas in order to facilitate the access to their territory for third country nationals that would otherwise not have been able to regularly enter into their territory in order to seek international protection.
– a Member State that issues such a humanitarian visa shall have access to the same compensation from the AMIF funds as when a Member State receives a refugee through the European Resettlement Framework.
– provide for such visa applications to be lodged directly, by electronic means or in writing, at any consulate or embassy of the Member States; in each case, the representation competent to receive a uniform visa application for the purposes of requesting asylum shall be that which is the closest and/or the safest for the applicant, in order to minimise the risk to the applicant of persecution or serious harm,
– provide for such visa applications to be lodged directly, by electronic means or in writing, at any consulate or embassy of the Member States, regardless of the applicants' country of origin or citizenship,
– provide procedural guarantees, including legal assistance, information, translation and representation at each stage in procedures, and access to the UNHCR and other relevant organisations which support asylum seekers, in order to safeguard the right to be heard during the interview and throughout the preparation of the application and the process of considering it,
– provide for admissibility criteria for such visa applications which match non- refoulement guarantees, including the filling out of an application form, the provision of information on the applicant's identity, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of reasons, as far as possible documented, of the fear of persecution or serious harm, in accordance with Articles 4 and 19(2) of the Charter of Fundamental Rights,
A. whereas despite numerous announcements and requests for safe and legal pathways for persons seeking international or humanitarian protection there is currently no legal framework at European level for humanitarian visas, i.e. visas issued for the purpose of reaching the territory of the Member States in order to seek international or humanitarian protection;
– provide for admissibility criteria for such visa applications, including the filling out of an application form, the provision of information on the applicant's identity in the form of identity papers, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of reasons, as far as possible documented, of the fear of persecution or serious harm,
– provide for admissibility criteria for such visa applications, including the filling out of an application form, the provision of information on the applicant's identity, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of reasons, as far as possible documented, of the fear of persecuneed of international or serious harmhumanitarian protection,
Maria GRAPINI
– provide for admissibility criteria for such visa applications, including the filling out of an application form, the provision of information on the applicant's identity, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of reasons, as far as possible documented,justified reasons of the fear of persecution or serious harm,
– provide for admissibility criteria for such visa applications, includingthe practical modalities for an application such as the filling out of an application form, the provision of information on the applicant's identity, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of reasons, as far as possible documented, of the fear of persecution or serious harm,
– provide that the applicant for such a visa be invited to an interview, which may also be conducted by remote means of audio and video communication, which ensure an appropriate level of safety, security and confidentiality, taking account of the vulnerability of the applicant; points out that that interview should not predetermine the granting or otherwise of refugee status, as that decision will only be taken when the applicant arrives, following detailed consideration of the subsequent asylum application and in accordance with the guarantee of a fair trial under the ordinary procedure provided for in Directive 2013/32/EU,
– provide that the applicant for such a visa be invited to an interview (with the assistance of an interpreter if necessary), which may also be conducted by remote means of audio and video communication, which ensure an appropriate level of safety, security and confidentiality,
– provide that the applicant for such a visa be invited to an interview with qualified interpretation if necessary, which may also be conducted by remote means of audio and video communication, which ensure an appropriate level of safety, security and confidentiality,
– provide that the applicant for such a visa may be invited to an interview, which may also be conducted by remote means of audio and video communication, which ensure an appropriate level of safety, security and confidentiality,
– provide that the documents submitted be assessed, including as regards their authenticity, by athe competent, independent, and impartial authority, with adequate knowledge and expertise in matters of international protection authority,
– provide that the, where applicable, any documents submitted be assessed, including as regards their authenticity, by a competent, independent, and impartial authority, with adequate knowledge and expertise in matters of international protection accordance with common visa practices,
Filter history Activities Commission Committees Committees.date Committees.rapporteur Committees.shadows.mepref Committees.shadows.name Docs Events Links Other Procedure Procedure.dossier_of_the_committee Procedure.legal_basis Procedure.stage_reached Procedure.subject
(these mark the time of scraping, not the official date of the change)
2019-09-04Show (4) Changes | Timetravel
committees/0
Responsible Committee
committee_full
Civil Liberties, Justice and Home Affairs
name:	LÓPEZ AGUILAR Juan Fernando date:	2017-11-20T00:00:00 group:	Progressive Alliance of Socialists and Democrats abbr:	S&D
name:	BECKER Heinz K. group:	European People's Party (Christian Democrats) abbr:	PPE name:	HALLA-AHO Jussi group:	European Conservatives and Reformists abbr:	ECR name:	WIKSTRÖM Cecilia group:	Alliance of Liberals and Democrats for Europe abbr:	ALDE name:	VERGIAT Marie-Christine group:	European United Left - Nordic Green Left abbr:	GUE/NGL name:	VALERO Bodil group:	Greens/European Free Alliance abbr:	Verts/ALE name:	FERRARA Laura group:	Europe of Freedom and Direct Democracy abbr:	EFDD name:	VILIMSKY Harald group:	Europe of Nations and Freedom abbr:	ENF
name:	LÓPEZ AGUILAR Doktor Professor Juan Fernando group:	Progressive Alliance of Socialists and Democrats abbr:	S&D
Committee Opinion
Womens Rights and Gender Equality
FEMM
name:	BJÖRK Malin date:	2018-06-01T00:00:00 group:	European United Left - Nordic Green Left abbr:	GUE/NGL
name:	BJÖRK Malin group:	European United Left - Nordic Green Left abbr:	GUE/NGL
2019-07-06Show (15) Changes | Timetravel
date:	2018-01-18T00:00:00 body:	EP type:	Committee referral announced in Parliament, 1st reading/single reading committees:	body:	EP responsible:	False committee:	FEMM date:	2018-06-01T00:00:00 committee_full:	Women's Rights and Gender Equality rapporteur:	group:	GUE/NGL name:	BJÖRK Malin body:	EP shadows:	group:	EPP name:	BECKER Heinz K. group:	ECR name:	HALLA-AHO Jussi group:	ALDE name:	WIKSTRÖM Cecilia group:	GUE/NGL name:	VERGIAT Marie-Christine group:	Verts/ALE name:	VALERO Bodil group:	EFD name:	FERRARA Laura group:	ENF name:	VILIMSKY Harald responsible:	True committee:	LIBE date:	2017-11-20T00:00:00 committee_full:	Civil Liberties, Justice and Home Affairs rapporteur:	group:	S&D name:	LÓPEZ AGUILAR Juan Fernando
date:	2018-11-12T00:00:00 body:	EP type:	Indicative plenary sitting date, 1st reading/single reading
body:	EC dg:	Migration and Home Affairs commissioner:	AVRAMOPOULOS Dimitris
group:	GUE/NGL name:	BJÖRK Malin
group:	EPP name:	BECKER Heinz K. group:	ECR name:	HALLA-AHO Jussi group:	ALDE name:	WIKSTRÖM Cecilia group:	GUE/NGL name:	VERGIAT Marie-Christine group:	Verts/ALE name:	VALERO Bodil group:	EFD name:	FERRARA Laura group:	ENF name:	VILIMSKY Harald
group:	S&D name:	LÓPEZ AGUILAR Juan Fernando
date:	2018-06-22T00:00:00 docs:	url:	http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.853 title:	PE623.853 type:	Committee draft report body:	EP
date:	2018-09-03T00:00:00 docs:	url:	http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE627.032 title:	PE627.032 type:	Amendments tabled in committee body:	EP
date:	2018-09-10T00:00:00 docs:	url:	http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE622.295&secondRef=03 title:	PE622.295 committee:	FEMM type:	Committee opinion body:	EP
date:	2019-04-01T00:00:00 docs:	url:	/oeil/spdoc.do?i=31660&j=0&l=en title:	SP(2019)149 type:	Commission response to text adopted in plenary
date:	2018-01-18T00:00:00 type:	Committee referral announced in Parliament, 1st reading/single reading body:	EP
date:	2018-10-10T00:00:00 type:	Vote in committee, 1st reading/single reading body:	EP
date:	2018-10-16T00:00:00 type:	Committee report tabled for plenary, single reading body:	EP docs:	url:	http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0328&language=EN title:	A8-0328/2018 summary:	The Committee on Civil Liberties, Justice and Home Affairs adopted the own-initiative report by Juan Fernando LÓPEZ AGUILAR (S&D, ES) with recommendations to the Commission on humanitarian visas. Despite numerous announcements and requests for safe and legal pathways offering access to European territory for persons seeking international protection there is currently no harmonisation at Union level of protected entry procedures (PEPs) and no legal framework at Union level for humanitarian visas, i.e. visas issued for the purpose of reaching the territory of the Member States in order to seek international protection. Member States are not required, under Union law, to grant a humanitarian visa to persons who wish to enter their territory with a view to applying for asylum, but they remain free to do so on the basis of their national law. An estimated 90% of those granted international protection have reached the Union through irregular means. There are high costs, in human but also in social, economic and budgetary terms, associated with the status quo for the third-country nationals concerned (smuggler fees, risk of death and ill treatment, etc.) and for Member States and the Union (elevated budget for search and rescue, border protection, asylum procedures and possibly return in case of rejected applications for international protection). Parliament, faced with the Commission's inaction, has decided to proceed with drawing up this legislative own-initiative report on humanitarian visas. Members requested the Commission to submit, by 31 March 2019, a proposal for a Regulation on establishing a European Humanitarian Visa, following the recommendations set out below: Title and legal basis : this legislative instrument should be a new, separate legal act. Point (a) of Article 77(2)(a) of the Treaty on the Functioning of the European Union (TFEU) should be set as its legal basis. Procedures and conditions for issuing humanitarian visas : it is recommended that the procedures for such visas should be similar to short-stay visas wherever their nature allows for it. This should concern the procedural steps, processing deadlines, the need for an application form and biometric data, the involvement of external service providers, security checks and the right to appeal. The procedures should be different where the specific situation of the persons so require. Such visa applications should be decided on within 15 calendar days of the date of lodging the application. There should always be an interview and it should also be possible to apply by electronic means. The visa application shall be assessed on a prima facie basis to consider whether applicants have an arguable claim of exposure to a real risk of persecution or serious harm. Issuing a humanitarian visa : it is recommended that such visas should be issued by means of a common sticker and inserted into the Visa Information System. Administrative management and organisation : the instrument should require administrative efforts for which Member States should be able to receive support. Applications for such a visa should be assessed by properly trained staff. Data protection, data security and confidentiality of communications should be ensured. Information on the procedures and conditions of such a visa as well as about the conditions and procedures to obtain international protection in the territory of the Member States should be made widely available. Financial support : it is proposed to provide for significant financial support from the Integrated Border Management Fund to be made available to Member States for its implementation and to foresee that a Member State that issues such a humanitarian visa has access to the same compensation from the Asylum and Migration Fund as when a Member State receives a refugee through the European Resettlement Framework. Amendment of other legal acts : it would be necessary to amend a series of acts of the visa acquis, in particular the Visa Code and the VIS, to adapt them to the existence of this completely new instrument. The same is necessary for the legislative instruments the holder of such a visa will then be subject when travelling to the EU.
date:	2018-11-13T00:00:00 type:	Debate in Parliament body:	EP docs:	url:	http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20181113&type=CRE title:	Debate in Parliament
date:	2018-11-14T00:00:00 type:	Results of vote in Parliament body:	EP docs:	url:	https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=31660&l=en title:	Results of vote in Parliament
date:	2018-11-14T00:00:00 type:	Decision by Parliament, 1st reading/single reading body:	EP
date:	2018-11-14T00:00:00 type:	End of procedure in Parliament body:	EP
body:	EC dg:	url:	http://ec.europa.eu/info/departments/migration-and-home-affairs_en title:	Migration and Home Affairs commissioner:	AVRAMOPOULOS Dimitris
procedure/dossier_of_the_committee
procedure/legal_basis/0
Rules of Procedure EP 47
procedure/stage_reached
Awaiting committee decision
Procedure rejected
procedure/subject
External borders crossing and controls, visas
Asylum, refugees, displaced persons; Asylum, Migration and Integration Fund (AMIF)
activities/0
Committee referral announced in Parliament, 1st reading/single reading
body:	EP responsible:	False committee:	FEMM date:	2018-06-01T00:00:00 committee_full:	Women's Rights and Gender Equality rapporteur:	group:	GUE/NGL name:	BJÖRK Malin body:	EP shadows:	group:	EPP name:	BECKER Heinz K. group:	ECR name:	HALLA-AHO Jussi group:	ALDE name:	WIKSTRÖM Cecilia group:	GUE/NGL name:	VERGIAT Marie-Christine group:	Verts/ALE name:	VALERO Bodil group:	EFD name:	FERRARA Laura group:	ENF name:	VILIMSKY Harald responsible:	True committee:	LIBE date:	2017-11-20T00:00:00 committee_full:	Civil Liberties, Justice and Home Affairs rapporteur:	group:	S&D name:	LÓPEZ AGUILAR Juan Fernando
Indicative plenary sitting date, 1st reading/single reading
committees/0/date
committees/0/rapporteur
committees/1/shadows/5/mepref
5a0cf703d1d1c556ab000000
53b2d98fb819f205b0000062
committees/1/shadows/5/name
MEUTHEN Jörg
FERRARA Laura
Rules of Procedure of the European Parliament EP 046
Preparatory phase in Parliament
2018-01-20Show (5) Changes
body:	EP responsible:	False committee_full:	Women's Rights and Gender Equality committee:	FEMM
body:	EP shadows:	group:	EPP name:	BECKER Heinz K. group:	ECR name:	HALLA-AHO Jussi group:	ALDE name:	WIKSTRÖM Cecilia group:	GUE/NGL name:	VERGIAT Marie-Christine group:	Verts/ALE name:	VALERO Bodil group:	EFD name:	MEUTHEN Jörg group:	ENF name:	VILIMSKY Harald responsible:	True committee:	LIBE date:	2017-11-20T00:00:00 committee_full:	Civil Liberties, Justice and Home Affairs rapporteur:	group:	S&D name:	LÓPEZ AGUILAR Juan Fernando
2017/2270(INL)
Humanitarian visas
legal_basis
stage_reached
Request for legislative proposal
INL - Legislative initiative procedure
7.10.04 External borders crossing and controls, visas 7.10.06 Asylum, refugees, displaced persons; Asylum, Migration and Integration Fund (AMIF)
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