Legal provisions of COM(2015)452 - EU common list of safe countries of origin for the purposes of Directive 2013/32/EU on common procedures for granting and withdrawing international protection - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2015)452 - EU common list of safe countries of origin for the purposes of Directive 2013/32/EU on common procedures for granting and ... |
|---|---|
| document | COM(2015)452  |
| date | September 9, 2015 |
Contents
Article 1 - Subject matter
Article 2 - EU common list of safe countries of origin
2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin, based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, EASO, UNHCR, the Council of Europe and other relevant international organisations.
3. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure.
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 3 to suspend the presence of a third country from the EU common list of safe countries of origin.
Article 3 - Removal of a third country from the EU common list of safe countries of origin in case of sudden change of situation
2. In case of sudden changes in the situation of a third country that is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU and, if those conditions are no longer met, shall adopt, in accordance with Article 290 TFUE, a Decision suspending the presence of that third country from the EU common list for a period of one year.
3. Where the Commission has proposed an amendment to this Regulation in order to remove a third country from the EU common list of safe countries of origin, it can on the basis of a substantial assessment referred to in paragraph 2 extend the validity of the delegated decision adopted pursuant to paragraph 2 for a period of maximum one year.
4. The power to adopt delegated acts referred to in this Article shall be conferred on the Commission for a period of 5 years from [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
5. The delegation of power referred to in this Article may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
6. As soon as it adopts a delegated act in accordance with this Article, the Commission shall notify it simultaneously to the European Parliament and to the Council.
7. A delegated act adopted pursuant to this Article shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.
Article 4 - Amendments to Directive 2013/32/EU
(1) In Article 36 paragraph 1 is replaced by the following:
“1. A third country designated as a safe country of origin in accordance with this Directive by national law or that is on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 of the European Parliament and of the Council* [this Regulation] may, after an individual examination of the application, be considered as a safe country of origin for a particular applicant only if:
| (a) he or she has the nationality of that country; or | |
| (b) | he or she is a stateless person and was formerly habitually resident in that country, |
and he or she has not submitted any serious grounds for considering the country not to be a safe country of origin in his or her particular circumstances and in terms of his or her qualification as a beneficiary of international protection in accordance with Directive 2011/95/EU.”
(2) In Article 37 paragraph 1 is replaced by the following:
“1. Member States may retain or introduce legislation that allows, in accordance with Annex I, for the national designation of safe countries of origin other than those on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 [this Regulation] for the purposes of examining applications for international protection”.
(3) In Annex I the title is replaced by the following:
“Designation of safe countries of origin for the purposes of Article 36 and Article 37(1)”.
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* Regulation (EU) No XXXX/2015 of the European Parliament and of the Council of [date] establishing an EU common list of safe countries of origin for the purposes of Directive 2013/32/EU, and amending Directive 2013/32/EU
Article 5
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.