39 Amendments of Alda SOUSA related to 2011/0366(COD)
Amendment 15 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union's objective to constitute an area of freedom, security and justice, should be achieved, inter alia, through common measures framing a policy on asylum and immigration, based on solidarity between Member States, which is fair towards third-countries and their nationals. The European Council of 2 December 2009 recognised that financial resources within the Union should be made increasingly flexible and coherent, both in terms of scope and of applicability, to support policy developments in the field of asylum and migration. It is regrettable that the appropriations proposed for the Asylum and Migration Fund are disproportionately lower than the appropriations proposed to the Instrument for financial support for police cooperation, prevention and combating crime and crisis management.
Amendment 23 #
Proposal for a regulation
Recital 24
Recital 24
(24) The Fund should be implemented in full respect with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, the Geneva Convention of 28 July 1951 and in other international instruments. In particular, eligible actions should take account of the specific situation of vulnerable persons, in particular, with special attention and dedicated responses to unaccompanied minors and other minors at risk.
Amendment 26 #
Proposal for a regulation
Article 2 – point a – introductory part
Article 2 – point a – introductory part
(a) ‘resettlement’ means the process whereby, on a request from the United Nations High Commissioner for Refugees (UNHCR) based on a person's need for international protection, third-country nationals or stateless persons having the status defined by the Geneva Convention of 28 July 1951 and who are permitted to reside as refugees in one of the Member States are transferred from a third-country and established in a Member State where they are permitted to reside with one of the following statuses:
Amendment 27 #
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘family members’ means any persons who are dependant relatives in the descending or ascending line, including adopted children, spouses, unmarried partners with a duly attested long-termin a stable relationship or in a registered partnership, if applicable, under the national law of the Member State concerned;
Amendment 28 #
Proposal for a regulation
Article 2 – point f – point i
Article 2 – point f – point i
(i) heavy migratory pressure in one or more Member States characterised by a large and disproportionatone or more Member States facing disproportionate asylum requests and a large inflow of third- country nationals which place significant and urgent demands on their reception and detentiontechnical, administrative, reception infrastructure facilities, and asylum systems and procedures,
Amendment 29 #
Proposal for a regulation
Article 2 – point f – point iii
Article 2 – point f – point iii
(iii) heavy migratory pressurea large inflow of migrants in third countries where refugees are stranded due to events such as political developments or conflicts.
Amendment 30 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – subparagraph 2
Article 3 – paragraph 2 – point b – subparagraph 2
The achievement of this objective shall be measured by indicators, inter aliaqualitative and quantitative indicators, inter alia, access to justice and free legal assistance, healthcare, housing, the level of increased participation of third- country nationals in employment, education and in democratic processes.
Amendment 31 #
Proposal for a regulation
Article 3 – paragraph 2 – point c – subparagraph 2
Article 3 – paragraph 2 – point c – subparagraph 2
The achievement of this objective shall be measured by indicators, inter alia, the number of returneespeople having benefited from integration measures (prior or subsequent to their return), the number of voluntary returns and the quality of the systems ensuring a safe return and its adequate monitoring.
Amendment 32 #
Proposal for a regulation
Article 3 – paragraph 2 – point d – subparagraph 1
Article 3 – paragraph 2 – point d – subparagraph 1
(d) to enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows, including through practical cooperation, either absolute or proportional financial responsibility sharing and enhanced support to those with less developed hosting and processing systems.
Amendment 34 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The objectives referred to in paragraph 2 shall be measured by both qualitative and quantitative cross-cutting criteria, such as child protection provisions, promotion of family life, free access to justice and legal assistance, healthcare, housing, education and ensuring the adequate support and assistance to unaccompanied minors regardless of their residence status.
Amendment 35 #
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) any third-country national who is on the territory of a third country, who intend to migrate to the Union and who comply with specific pre-departure measures and/or conditions set out in national law, including those relating to the ability to integrate in the society of a Member State;
Amendment 36 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The target group shall comprise family members of persons referred to above, where appropriate, and in so far as the same conditions apply.
Amendment 37 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) establishment and improvement of administrative structures, systems and training for staff, administrative and judicial authorities, judicial assistance to ensure a free, easy, efficient and smooth regularisation process for all claims of asylum and migration;
Amendment 38 #
Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
Article 5 – paragraph 1 – point a b (new)
(ab) establishment, improvement and maintenance of accommodation infrastructures and services;
Amendment 39 #
Proposal for a regulation
Article 5 – paragraph 1 – point a c (new)
Article 5 – paragraph 1 – point a c (new)
(ac) establishment, development and improvement of immediate measures to substitute detention;
Amendment 40 #
Proposal for a regulation
Article 5 – paragraph 1 – point a d (new)
Article 5 – paragraph 1 – point a d (new)
(ad) abolishment of all detention centres in the Member States and associated third countries;
Amendment 41 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) setting up of administrative structures, systems and training of staff and relevant judicial authorities and free judicial assistance to ensure smooth access to asylum procedures for asylum seekers and efficient and quality asylum procedures.
Amendment 42 #
Proposal for a regulation
Article 7 – point f
Article 7 – point f
(f) information and free assistance upon arrival, including interpretation services;
Amendment 43 #
Proposal for a regulation
Article 7 – point f a (new)
Article 7 – point f a (new)
(fa) actions to promote family reunification for persons being resettled in a Member State;
Amendment 44 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) free advice and assistance in areas such as housing, means of subsistence, employment, administrative and legal guidance, medical, psychological and social care, child care and family reunification;
Amendment 45 #
Proposal for a regulation
Article 11 – point a
Article 11 – point a
(a) establishment and improvement of accommodation infrastructure or services and reception or detentionhosting conditions;
Amendment 46 #
Proposal for a regulation
Article 11 – point a a (new)
Article 11 – point a a (new)
(aa) establishment, development and improvement of immediate measures to substitute detention;
Amendment 47 #
Proposal for a regulation
Article 11 – point c
Article 11 – point c
(c) provision of material aid, free health and psychological care, including for third country nationals whose removal has been postponed in accordance with Article 9 and Article 14(1) of Directive 2008/115/EC;
Amendment 53 #
Proposal for a regulation
Article 14 – paragraph 5 – point a
Article 14 – paragraph 5 – point a
(a) EUR 3,232 million80% for national programmes of Member States;
Amendment 54 #
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
(b) EUR 637 million20% for Union actions, emergency assistance, European Migration Network and technical assistance of the Commission.
Amendment 56 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. EUR 3,232 millAppropriations shall be allocated to the Member States indicatively as follows:
Amendment 57 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) EUR 2,372 million73% as indicated in Annex I;
Amendment 58 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) EUR 700 million22% based on the distribution mechanism for specific actions as referred to in Article 16, for the Union Resettlement Programme as referred to Article 17 and for relocation as referred to in Article 18;
Amendment 59 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) EUR 160 million5% in the framework of the mid-term review and from the period as of budget year 2018, to take into account important changes in migration flows and/or address the specific needs established by the Commission provided for in Article 19.
Amendment 61 #
Proposal for a regulation
Article 17 – paragraph 4 – indent 2 a (new)
Article 17 – paragraph 4 – indent 2 a (new)
- persons who have been subjected to acts of violence and/or torture;
Amendment 62 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The Commission shall establish strict procedural guarantees and clear criteria for relocation measures, namely transparent, non-discriminatory criteria; information to the potential beneficiaries of relocation; communication in writing of the selection or non-selection of the interviewed applicants and of the criteria which underpinned the decision; reasonable time limits for candidates for relocation, enabling them to take an informed decision and if necessary obtain adequate assistance for their departure; the requirement for their voluntary consent to benefit from relocation measures;
Amendment 63 #
Proposal for a regulation
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2b. Relocation measures shall be taken within the framework of an action plan to improve and maintain the quality of reception and asylum systems and integration conditions in the Member State concerned;
Amendment 64 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
The Commission shall use for its assessment, inter alia, the information collected from Eurostat, the European Migration Network, the EASO and the Frontex Agency risk analysis and relevant international organisations including HCR, civil society and other relevant stakeholders.
Amendment 65 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 3 – point b – introductory part
Article 19 – paragraph 1 – subparagraph 3 – point b – introductory part
(b) migratory pressurein-flows:
Amendment 66 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 3 – point b – point i
Article 19 – paragraph 1 – subparagraph 3 – point b – point i
(i) factor 1 for no particular pressurein-flow
Amendment 67 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 3 – point b – point ii
Article 19 – paragraph 1 – subparagraph 3 – point b – point ii
(ii) factor 1,5 for medium particular pressurein- flow
Amendment 68 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 3 – point b – point iii
Article 19 – paragraph 1 – subparagraph 3 – point b – point iii
(iii) factor 3 for high particular pressurein-flow
Amendment 72 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation, as mentioned in Article 2(f).
Amendment 73 #
Proposal for a regulation
Annex 2 – point 3 a (new)
Annex 2 – point 3 a (new)
(3a) Programmes and projects in the area of integration in order to improve coordination of relevant policies at several levels between Members States, local and regional authorities, civil society and relevant stakeholders