BETA

173 Amendments of Martina ANDERSON related to 2018/0248(COD)

Amendment 157 #
Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Asylum, Migration and MiIntegration Fund
2018/12/12
Committee: LIBE
Amendment 163 #
Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2) and, Article 79(2) and (4) and Article 80 thereof,
2018/12/12
Committee: LIBE
Amendment 165 #
Proposal for a regulation
Recital 1
(1) In the context of the evolving migratory challenges characterised by the need to support strong reception, asylum, integration and migration systems of Member States, prevent and adequately handle situations of pressureincreased arrivals of migrants and repladuce irregular and unsafe arrivals witthrough legal and safe pathways, investing in efficient and coordinated migration managementan asylum and migration system based on fundamental rights in the Union is key to realising the Union’s objective of constituting an area of freedom, security and justice pursuant to Article 67(2) of the Treaty on the Functioning of the European Union.
2018/12/12
Committee: LIBE
Amendment 169 #
Proposal for a regulation
Recital 3
(3) In its conclusions of 19 October 2017, the European Council reaffirmed the need to pursue a comprehensive, pragmatic and resolute approach to migration management that aims to restore control of external borders and reduce irregular arrivals and the number of deaths at sea, and should be based on a flexible and coordinated use of all available Union and Member State instruments. The European Council further called to ensure significantly enhanced returns through actions at both EU and Member States level, such as effective readmission agreements and arrangements.deleted
2018/12/12
Committee: LIBE
Amendment 172 #
Proposal for a regulation
Recital 4
(4) In order to support efforts to ensure a comprehensive approach to management of migration grounded on mutual trustfundamental rights, solidarity and responsibility sharing among Member States and Union institutions, with the objective of ensuring a common sustainable Union policy on asylum and immigration, Member States should be supported by adequate financial resources in the form of the Asylum, Migration and MiIntegration Fund (hereinafter referred to as ‘the Fund’).
2018/12/12
Committee: LIBE
Amendment 176 #
Proposal for a regulation
Recital 5
(5) TActions funded under the Fund should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental rights, Union data protection laws, the European Convention on Human Rights (ECHR), the principle of fair treatment of third country nationals, the right to international protection, the principle of non refoulement and the Union’s and Member States international obligations as regards fundamental rights, including the Universal Declaration of Human Rights and the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the Protocol of 31 January 1967.
2018/12/12
Committee: LIBE
Amendment 177 #
Proposal for a regulation
Recital 5 a (new)
(5 a) The fund should not support any action that violates fundamental rights, nor contribute to any form of segregation, discrimination or social exclusion.
2018/12/12
Committee: LIBE
Amendment 178 #
Proposal for a regulation
Recital 6
(6) The Fund should build on the results and investments achieved with the support of its predecessors: the European Refugee Fund established by the Decision 573/2007/EC of the European Parliament and the Council, the European Fund for the Integration of third-country nationals established by the Council Decision 2007/435/EC, the European Return Fund established by the Decision 575/2007/EC of the European Parliament and the Council for the period 2007-2013 and the Asylum, Migration and Integration Fund for the period 2014-2020, as established by Regulation (EU) 516/2014 of the European Parliament and of the Council. It should at the same time take into account all relevant new developmentthe challenges faced in the implementation of these funds.
2018/12/12
Committee: LIBE
Amendment 179 #
Proposal for a regulation
Recital 7
(7) The Fund should support the efficient management of migration flows, inter alia by promoting common measures in the area of asylum, includdevelopment of a human-rights based asylum, migration and integration policy, inter alia by promoting Member States’ efforts in receiving persons in need of international protection through resettlement and other forms of ad-hoc humanitarian admission, transferring of applicants for or beneficiaries of international protection between Member States, supporting integration strategies and a more effective legal migration policy, so as to ensure the Union’s long-term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmissreception and integration strategies and developing a legal migration policy. The Fund should support the strengthening of cooperation with third countries to reinforce management of flowsbetween Member States to reinforce the protection of persons applying for asylum or other forms of international protection, and to develop avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries.
2018/12/12
Committee: LIBE
Amendment 183 #
Proposal for a regulation
Recital 7 a (new)
(7 a) As an instrument of Internal Union policy and the only funding instrument for asylum and migration at Union level, the Fund should solely support actions on asylum and migration within the European Union. Support to resettlement and other ad-hoc forms of humanitarian admission, as well as the establishment of legal migration avenues to the European Union are considered to be within the remit of this fund.
2018/12/12
Committee: LIBE
Amendment 184 #
Proposal for a regulation
Recital 8
(8) The migration crisis highlighted the need to reform the Common European Asylum System to ensure that efficient asylum procedures to prevent secondary movements, to provide uniform and appropriate reception conditions for applicants for international protection, uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection. At the same time, the reform was needed to put in place a fairer and more effectivehumanitarian crisis faced by persons in need of international protection who arrived to the European Union in 2015 as well as the rising number of deaths in the Mediterranean over the past years highlighted the need to develop safe and legal pathways to the European Union, including a Union Resettlement Framework, and to put in place a new system of determining Member States’ responsibility for applicants for international protection bas well as a Union framework for Member States’ resettlement efforts. Therefored on solidarity. At the same time, it is appropriate for the Fund to provide increased support to Member States’ efforts to fully and properly implement the reformed Common European Asylum System provided that such efforts are not in violation of fundamental rights.
2018/12/12
Committee: LIBE
Amendment 189 #
Proposal for a regulation
Recital 9
(9) The Fund should also complement and reinforce the activities undertaken by the European Union Agency for Asylum (EUAA) established by Regulation (EU)../.. [EUAA Regulation]14 with a view to facilitating and improving the functioning of the common European asylum system, by coordinating and strengthening practical cooperation and information exchange on good practices in the area of asylum between Member States, promoting Union and International law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection, reception conditions and the assessment of protection needs across the Union, enabling a sustainable and fair distribution of applications for international protection, facilitate convergence in the assessment of applications for international protection across the Union based on solidarity, support the resettlement efforts of the Member States and provideing operational and technical assistance to Member States for the management of their asylum and reception systems, in particular those whose systems are subject to disproportionate pressure. _________________ 14 Regulation (EU) No ../.. of the European Parliament and of the Council of [EUAA Regulation] (OJ L …, [date], p. ..).
2018/12/12
Committee: LIBE
Amendment 192 #
Proposal for a regulation
Recital 10
(10) The Fund should support the efforts by the Union and the Member States relating to the enhancement of the Member States’ capacity to develop, monitor and evaluate their asylum policies in the light of their obligations under existing Union lawin the implementation of the existing Union law, ensuring full respect of fundamental rights.
2018/12/12
Committee: LIBE
Amendment 194 #
Proposal for a regulation
Recital 11
(11) Partnerships and cooperation with third countries are an essential component of Union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection. With the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the Member States ofThe development of safe and legal pathways to the European Union is an essential component of Union asylum policy. The Union Resettlement and Humanitarian Admission Framework is a legal pathway which should offer the most vulnerable third- country nationals or stateless persons in need of international protection, expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those access to a durable solution, which should be complemented by other legal pathways. This Framework should contribute to increasing the Union's countries, helping achieve the Union’s migration policy objectives by increasing the Union’s leverage vis-à-vis third countries, and of effectively contributing to gbution to international resettlement and humanitarian admission initiatives with a view to contributing significantly to meeting the Global rResettlement initiatives by speaking with one voice in international fora and with third countries, the Fund should provide financial incentives to the implementation ofNeeds, including emergency cases. To that end, the Asylum, Migration and Integration Fund should provide targeted assistance in the form of financial incentives for each person admitted in accordance with the Union Resettlement [and Humanitarian Admission] Framework as well as for actions to establish appropriate infrastructure and services for the implementation of the Framework.
2018/12/12
Committee: LIBE
Amendment 200 #
Proposal for a regulation
Recital 12
(12) Considering the high levels of migration flows to the Union in the last years and the importance of ensuring the cohesion of our societiesincreasing numbers of international migrants and of people forcibly displaced globally, it is crucial to support Member States’ policies for early integration of legally stayingof reception and integration of third- country nationals, including in the priority areas identified in the Action Plan on Integration of third-country nationals adopted by the Commission in 2016.
2018/12/12
Committee: LIBE
Amendment 201 #
Proposal for a regulation
Recital 13
(13) In order to increase efficiency, achieve the greatest Union added value and to ensure the consistency of the Union’s response to foster the integration of third- country nationals, actions financed under the Fund should be specific and complementary to actions financed under the European Social Fund Plus (ESF+) and the European Regional Development Fund (ERDF). Measures financed under this Fund should support integration measures tailor-made to the needs of third-country nationals that are generally implemented in the early stage of integration, and horizontal actions supporting Member States’ capacities in the field of integration, whereas interventions forcomplemented by interventions to promote the social inclusion of third- country nationals with a longer-term impact should be financed under the ERDF and ESF+.
2018/12/12
Committee: LIBE
Amendment 205 #
Proposal for a regulation
Recital 14 a (new)
(14 a) In order to ensure a proper articulation between the proposed AMIF and ESF+, the European Commission will provide additional guidance to ensure the establishment of cross-Fund national Integration Monitoring Committees. These bodies would assume an advisory and oversight role in relation to migrant integration in the AMIF and ESF+, by: - Reviewing planned Calls for Proposals for both Funds, with a particular focus on ensuring the efficient implementation of EU funds (including through joint AMIF/ESF+ actions, where appropriate). - Identifying unmet migrant integration needs that could be addressed via AMIF and/or ESF+ National Programmes. - Providing advisory recommendations on project selection, where migrant integration is an objective of a Call for Proposal. - Providing input into performance reviews, reporting and evaluations of the AMIF and ESF+. The Integration Monitoring Committee would be represented in the membership of the AMIF and ESF+ Monitoring Committees, and carry out the above role in collaboration with Fund-specific national Managing Authorities.As provided for Fund-specific Monitoring Committees, all data and information provided to Integration Monitoring Committees would be made public. Monitoring of the performance and impact of the AMIF and ESF+ funds with regards to social inclusion of third country nationals should be achieved through the use of common performance indicators.
2018/12/12
Committee: LIBE
Amendment 209 #
Proposal for a regulation
Recital 16
(16) It is appropriate to allow those Member States that so wish to providMember States should ensure in their programmes that integration actions may include immediate relatives of third- country nationals, to the extent that this is necessary for the effective implementation of such actions. The term ‘immediate relative’ should be understood as meaning spouses, partners and any person having direct family links in descending or ascending line with the third-country national targeted by the integration action, and who would otherwise not be covered by the scope of the Fund.
2018/12/12
Committee: LIBE
Amendment 211 #
Proposal for a regulation
Recital 17
(17) Considering the crucial role played by local and regional authorities and civil society organisationstheir representative associations, as well as by civil society organisations, including refugees and migrants organisations, in the field of integration and to facilitate the access of these entities to funding at Union level, the Fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations, including refugees and migrants organisations, including through the use of the thematic facility and through a higher co-financing rate for these actions and the use of a dedicated component of the thematic facility where those local and regional authorities have the competence to carry out measures.
2018/12/12
Committee: LIBE
Amendment 217 #
Proposal for a regulation
Recital 18
(18) Considering the long-term economic and demographic challenges faced by the Unionexploitation in the European Union of undocumented migrant workers, it is crucial to establish well-functioning legal migration channels to the Union to maintain the Union as an attractive destination for migrants andprotect migrant workers from exploitation while ensureing the sustainability of welfare systems and growth of the Union economy. Regularisation of persons already present on EU territory with existing ties to a Member State should be encouraged.
2018/12/12
Committee: LIBE
Amendment 219 #
Proposal for a regulation
Recital 19
(19) The Fund should support Member States in setting up strategies organising and expanding legal migration pathways, enhancing their capacity to develop, implement, monitor and evaluate in general all immigration and integration strategies, policies and measures for legally staying third-country nationals, including particular Union legal instruments for legal migration. The Fund should also support the exchange of information, best practices and cooperation between different departments of administration and levels of governance, and between Member States.
2018/12/12
Committee: LIBE
Amendment 220 #
Proposal for a regulation
Recital 20
(20) An efficient return policy is an integral part of the comprehensive migration approach the Union and its Member States pursue. The Fund should support and encourage efforts by the Member States with a view to the effective implementation and further development of common standards on return, in particular as set out in Directive 2008/115/EC of the European Parliament and of the Council15 , and of an integrated and coordinated approach to return management. For sustainable return policies, the Fund should equally support related measures in third countries, such as the reintegration of returnees. _________________ 15 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).deleted
2018/12/12
Committee: LIBE
Amendment 224 #
Proposal for a regulation
Recital 21
(21) Member States should give preference to voluntary return. In order to promote voluntary return, Member States should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons. This kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost- effectivenesnot be entitled to carry out any forced return. Persons who would wish to return voluntarily should be provided with long- term reintegration support and should not be forced into voluntary return. Regularisation of persons with existing ties to a Member State should always be the preferred option of Member States.
2018/12/12
Committee: LIBE
Amendment 228 #
Proposal for a regulation
Recital 22
(22) Voluntary and enforced returns are nevertheless interlinked, with mutually reinforcing effect, and Member States should therefore be encouraged to reinforce the complementarities between these two forms of return. The possibility of removals is an important element contributing to the integrity of the asylum and legal migration systems. The Fund should therefore support actions of Member States to facilitate and carry out removals in accordance with the standards laid down in Union law, where applicable, and with full respect for the fundamental rights and dignity of returnees.deleted
2018/12/12
Committee: LIBE
Amendment 230 #
Proposal for a regulation
Recital 22 a (new)
(22 a) Member States should never resort to detention on the basis of the legal status of a person. Persons found in an irregular situation should be effectively provided with the opportunity to regularise their situations on the basis of existing ties to the country they live in.
2018/12/12
Committee: LIBE
Amendment 231 #
Proposal for a regulation
Recital 23
(23) Specific support measures for returnees in the Member States and in the countries of return can improve conditions of return and enhance their reintegration.deleted
2018/12/12
Committee: LIBE
Amendment 233 #
Proposal for a regulation
Recital 24
(24) Readmission agreements and other arrangements are an integral component of the Union return policy and a central tool for the efficient management of migration flows, as they facilitate the swift return of irregular migrants. Those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and Union level.deleted
2018/12/12
Committee: LIBE
Amendment 238 #
Proposal for a regulation
Recital 25
(25) In addition to supporting the return of persons as provided for in this Regulation, the Fund should also support other measures to counter irregular migration, address incentives for illegal migration or the circumventing of existing legal migration rules, thereby safeguarding the integrity of Member States’ immigration systems.deleted
2018/12/12
Committee: LIBE
Amendment 242 #
Proposal for a regulation
Recital 26
(26) The employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes. The Fund should therefore support Member States, either directly or indirectly, in their implementation of Directive 2009/52/EC of the European Parliament and of the Council16 which prohibits the employment of illegally staying third-country nationals, provides for a complaints and wage recuperation mechanism for exploited workers and provides for sanctions against employers who infringe that prohibition. _________________ 16 Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).
2018/12/12
Committee: LIBE
Amendment 245 #
Proposal for a regulation
Recital 27
(27) The Fund should support Member States, either directly or indirectly, in their implementation of Directive 2011/36/EU of the European Parliament and of the Council17 which sets forth provisions on assistance, support and protection of victims of trafficking in human beings. These measures should take into account the gender-specific nature of trafficking in human beings. _________________ 17 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).
2018/12/12
Committee: LIBE
Amendment 250 #
Proposal for a regulation
Recital 28
(28) The Fund should complement and reinforce the activities undertaken in the field of return by the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 of the European Parliament and of the Council18 , therefore contributing to effective European Integrated Border Management, as defined in Article 4 of that Regulation. _________________ 18 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).deleted
2018/12/12
Committee: LIBE
Amendment 252 #
Proposal for a regulation
Recital 30
(30) Measures in and in relation to third countries supported through the Fund should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy in respect of the country or region in question and the Union international commitments. In relation to the external dimension, the Fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union's migration policy.deleted
2018/12/12
Committee: LIBE
Amendment 259 #
Proposal for a regulation
Recital 32
(32) A Member State may be deemed not to be compliant with the relevant Union acquis, including as regards the use of operating support under this Fund, if it has failed to fulfil its obligations under the Treaties in the area of asylum and return, if there is a clear risk of a serious breach by the Member State of the Union’s values wrespect fundamental rights in then implementing the acquis on asylum and return or if an evaluation report under the Schengen or the European Union Agency for Asylum evaluation and monitoring mechanism has identified deficiencies in the relevation of its policies on migration, integration antd areasylum.
2018/12/12
Committee: LIBE
Amendment 262 #
Proposal for a regulation
Recital 33
(33) The Fund should reflect the need for increased transparency, flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the policy and specific objectives laid down in this Regulation.
2018/12/12
Committee: LIBE
Amendment 263 #
Proposal for a regulation
Recital 34
(34) This Regulation should establish the initial amounts to Member States consisting of a fixed amount and an amount calculated on the basis of criteriaindicators laid down in Annex I, which reflect the needs and pressure experienced byof different Member States in the areas of asylum, mintegration and returintegration.
2018/12/12
Committee: LIBE
Amendment 264 #
Proposal for a regulation
Recital 35
(35) These initial amounts should form a basis for Member States’ long-term investments. To take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third-country nationals, and counter irregular migration through efficient and sustainable return policydevelop legal migration to the European Union, an additional amount should be allocated to the Member States at mid-term taking into account the absorption rates. This amount should be based on the latest available statistical data as set out in Annex I to reflect the changes in the baseline situation of Member States.
2018/12/12
Committee: LIBE
Amendment 271 #
Proposal for a regulation
Recital 37
(37) As challenges in the area of migration are constantly evolving, there is a need to adapt the allocation of funding to the changes in migration flows. To respond to pressing needs and changes in policy and Union prioritie. To respond to pressing needs, and to steer funding towards actions with a high level of Union added value, part of the funding will be periodically allocated to specific actions, Union actions, emergency assistance, resettlement, support of vulnerable groups including children and to provide additional support for Member States contributing to solidarity and responsibility efforts via a thematic facility.
2018/12/12
Committee: LIBE
Amendment 272 #
Proposal for a regulation
Recital 40
(40) The Fund should contribute to supporting operating costs related to asylum and returgularisation of status of third country nationals who are in an irregular situation and enable Member States to maintain capabilities which are crucial for that service for the Union as a whole. Such support consists of full reimbursement of specific costs related to the objectives under the Fund and should form an integral part of the Member States’ programmes.
2018/12/12
Committee: LIBE
Amendment 273 #
Proposal for a regulation
Recital 41
(41) To complement the implementation of the policy objective of this Fund at national level through Member States’ programmes, the Fund should also provide support for actions at Union level. Such actions should serve overall strategic purposes within the scope of intervention of the Fund relating to policy analysis and innovation, transnational mutual learning and partnerships and the testing of new initiatives and actions across the Union. These actions should always aim at ensuring the protection of fundamental rights of people concerned.
2018/12/12
Committee: LIBE
Amendment 275 #
Proposal for a regulation
Recital 42
(42) In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressurearrivals in one or more Member States characterised by a large or disproportionate inflow of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum and migration management systems and procedures, heavy migratory pressures in third countries due to political developments or conflicts, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation.
2018/12/12
Committee: LIBE
Amendment 277 #
Proposal for a regulation
Recital 44
(44) The policy objective of this Fund will be also addressed through financial instruments and budgetary guarantee under the policy windows of the InvestEU. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the Internal market. Actions should have a clear European added value.deleted
2018/12/12
Committee: LIBE
Amendment 280 #
Proposal for a regulation
Recital 48
(48) Regulation (EU) …/2021 [Common Provisions Regulation] establishes the framework for action for ERDF, ESF+, the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum, Migration and MiIntegration Fund (AMIF), the Internal Security Fund (ISF) and the Border Management and Visa Instrument (BMVI) as a part of the Integrated Border Management Fund (IBMF), and lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for Union funds implemented under shared management. It is therefore necessary to specify the objectives of AMIF, and to lay down specific provisions concerning the type of activities that may be financed by AMIF.
2018/12/12
Committee: LIBE
Amendment 289 #
Proposal for a regulation
Recital 56
(56) In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of actions eligible for higher co-financing as listed in Annex IV, operating support and in order to develop further the common monitoring and evaluation framework. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with civil society organisations, including migrants and refugees organisations, and that these consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016.
2018/12/12
Committee: LIBE
Amendment 295 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes the Asylum, Migration and MiIntegration Fund (‘the Fund’).
2018/12/12
Committee: LIBE
Amendment 297 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) 'blending operation' means actions supported by the Union budget, including within blending facilities as defined in point (6) of Article 2 of the Financial Regulation, combining non-repayable forms of support or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors;deleted
2018/12/12
Committee: LIBE
Amendment 298 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
(f) 'removal' means 'removal' as defined in point (5) of Article 3 of Directive 2008/115/EC;deleted
2018/12/12
Committee: LIBE
Amendment 299 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
(h) 'return' means 'return' as defined in point (3) of Article 3 of Directive 2008/115/EC;deleted
2018/12/12
Committee: LIBE
Amendment 301 #
Proposal for a regulation
Article 3 – paragraph 1
1. The policy objective of the Fund shall be to contribute to an efficient managethe implementation, strengthening and development of mhigration flows ih standards of international protection line with the relevant Union acquis and the EU, integration of third country nationals as well as legal migration to the European Union in compliance with the Union's commitmentsand Member States obligations under international law, the European Convention on Human Rights and the rights and principles enshrined in the Charter onf fundamental rights of the European Union.
2018/12/12
Committee: LIBE
Amendment 305 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) to strengthen and develop all aspects of the Common European Asylum System, including its external dimensthe need for Resettlement and other legal pathways for people in need of international protection to the European Union;
2018/12/12
Committee: LIBE
Amendment 311 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) to support legal migration to the Member States including to contribute to the integration of third-country nationals;
2018/12/12
Committee: LIBE
Amendment 317 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) to contribute to countering irregular migration and ensuring effectiveness of return and readmissand to promote the effective integration and social inclusion of third country-nationals, including through regularisation inof theird countries status if needed.
2018/12/12
Committee: LIBE
Amendment 322 #
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
(c a) to ensure solidarity and fair- sharing of responsibility between the Member States;
2018/12/12
Committee: LIBE
Amendment 329 #
Proposal for a regulation
Article 4 – paragraph 1
1. Within the objectives referred to in Article 3, and in line with the implementation measures listed in Annex II, the Fund shall in particular support the actions listed in Annex III.
2018/12/12
Committee: LIBE
Amendment 330 #
Proposal for a regulation
Article 4 – paragraph 2
2. To achieve the objectives of this Regulation, the Fund may support the actions in line with the Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5 and 6.deleted
2018/12/12
Committee: LIBE
Amendment 334 #
Proposal for a regulation
Article 4 a (new)
Article 4 a Partnership For the purposes of the Fund, each Member State shall ensure, as foreseen in Article 6 of Regulation (EU)...(Common Provisions Regulation), a partnership with : (a) local and regional authorities; (b) social partners; (c) civil society organisations, including refugees and migrants organisations; (d) equality bodies (e) national human rights organisations Those partners will be involved in the preparation, implementation, monitoring and evaluation of programmes supported by AMIF with regards to all the objectives of the fund enlisted in Article 3. Particular attention should be given to the participation of refugee and migrant-led organisations.
2018/12/12
Committee: LIBE
Amendment 336 #
Proposal for a regulation
Article 5
Third countries associated to the Fund The Fund shall be open to third countries in accordance with the conditions laid down in a specific agreement covering the participation of the third country to the Asylum and Migration Fund, provided that the agreement: — ensures a fair balance as regards the contributions and benefits of the third country participating in the Fund; — lays down the conditions of participation in the Fund, including the calculation of financial contributions to the Fund and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of the Financial Regulation; — does not confer to the third country a decisional power on the Fund; — guarantees the rights of the Union to ensure sound financial management and to protect its financial interests.Article 5 deleted
2018/12/12
Committee: LIBE
Amendment 343 #
Proposal for a regulation
Article 6 – paragraph 1 – point a – introductory part
(a) legal entities established in any of the following countries: Member State or an overseas country or territory linked to it;
2018/12/12
Committee: LIBE
Amendment 344 #
Proposal for a regulation
Article 6 – paragraph 1 – point a – point 1
(1) a Member State or an overseas country or territory linked to it;deleted
2018/12/12
Committee: LIBE
Amendment 345 #
Proposal for a regulation
Article 6 – paragraph 1 – point a – point 2
(2) third country associated to the Fund;deleted
2018/12/12
Committee: LIBE
Amendment 346 #
Proposal for a regulation
Article 6 – paragraph 1 – point a – point 3
(3) third country listed in the work programme under the conditions specified therein;deleted
2018/12/12
Committee: LIBE
Amendment 350 #
Proposal for a regulation
Article 6 – paragraph 3
3. Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action.deleted
2018/12/12
Committee: LIBE
Amendment 355 #
Proposal for a regulation
Article 6 – paragraph 4
4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states or in third countries are eligible.
2018/12/12
Committee: LIBE
Amendment 358 #
Proposal for a regulation
Article 7 – paragraph 2
2. The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to and coordinated with other Union instruments and measures funded in particular under the ERDF and ESF+ Regulations.
2018/12/12
Committee: LIBE
Amendment 364 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
(a) EUR 6 249 000 00070 % shall be allocated to the programmes implemented under shared management;
2018/12/12
Committee: LIBE
Amendment 367 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
(b) EUR 4 166 000 00030% shall be allocated to the thematic facility.
2018/12/12
Committee: LIBE
Amendment 370 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point e
e) support to Member States contributing to solidarity and responsibilat central, regional or local level and to international and Non-governmental organisations, including migrants organisations, which contribute to solidarity efforts; and
2018/12/12
Committee: LIBE
Amendment 374 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
f a) adequate support to specialised civil society organisations for delivering qualified psycho-social and rehabilitation services to victims of violence and torture and other vulnerable groups and utilise their professional knowledge and experience.
2018/12/12
Committee: LIBE
Amendment 376 #
Proposal for a regulation
Article 9 – paragraph 2
2. Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs in line with agreed Union priorities as outlined in Annex II. The thematic facilities work programme should be made publicly available and be presented to the European Parliament.
2018/12/12
Committee: LIBE
Amendment 382 #
Proposal for a regulation
Article 9 – paragraph 5
5. The Commission shall establish the overall amount made available for the thematic facility under the annual appropriations of the Union budget. The Commission shall adopt financing decisions as referred to in Article [110] of the Financial Regulation for the thematic facility identifying objectives and actions to be supported and specifying the amounts for each of its components as referred to in paragraph 1. Financing decisions shall set out, where applicable, the overall amount reserved for blending operations.
2018/12/12
Committee: LIBE
Amendment 386 #
Proposal for a regulation
Article 9 – paragraph 6
6. The thematic facility shall in particular, support actions falling under the implementation measure 2(b) of AnnexAnnex II that are implemented by the local and regional authorities or civil society organisations. IIn that are implemented by theregard, a minimum of 20% of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities or civil society organisations implementing integration and reception actions.
2018/12/12
Committee: LIBE
Amendment 389 #
Proposal for a regulation
Article 9 – paragraph 8
8. These financing decisionwork programmes may be annual or multiannual and may cover one or more components of the thematic facility.
2018/12/12
Committee: LIBE
Amendment 390 #
Proposal for a regulation
Article 9 – paragraph 8 a (new)
8 a. The European Commission shall ensure regular engagement with civil society organisations, including migrants and refugee organisations, to discuss planning and implementation of activities under the Thematic facility.
2018/12/12
Committee: LIBE
Amendment 395 #
Proposal for a regulation
Article 12 – paragraph 1
1. The contribution from the Union budget shall not exceed 7580 % of the total eligible expenditure of a project. Member States are encouraged to provide matching funds for activities supported by the Fund.
2018/12/12
Committee: LIBE
Amendment 398 #
Proposal for a regulation
Article 13 – paragraph 1
1. Each Member State shall ensure that the priorities addressed in its programme are consistent with, and respond to, the Union priorities and challenges in the area of migration management and are fully in line with the relevant Union acquis and agreed Union priorities. In defining the priorities of their programmes Member States shall ensurneeds of persons in need of international protection and other third country nationals and are fully in line with their obligations under International law, the European Convention on Human rights and the tChat the implementation measures set out in Annex II are adequately addressedrter of Fundamental Rights of the European Union.
2018/12/12
Committee: LIBE
Amendment 402 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
1 a. Each Member States shall ensure that the best interest of the child is respected in all the measures implemented under this Fund and that the UN Convention on the Rights of the Child is fully respected.
2018/12/12
Committee: LIBE
Amendment 403 #
Proposal for a regulation
Article 13 – paragraph 1 b (new)
1 b. A minimum of 30% of funding should be allocated to civil society organisations, including migrant and refugee-led organisations, and local authorities.
2018/12/12
Committee: LIBE
Amendment 405 #
Proposal for a regulation
Article 13 – paragraph 2
2. The Commission shall ensure that the European Union Agency for Asylum and the European Border and Coast Guard Agency areis associated to the process of developing the programmes at an early stage, as regards the areas of their competence. The Commission shall consult the European Border and Coast Guard Agency and the European Union Agency for Asylum on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the Member States.
2018/12/12
Committee: LIBE
Amendment 407 #
Proposal for a regulation
Article 13 – paragraph 3
3. The Commission may associate the European Union Agency for Asylum and European Border and Coast Guard Agency, the Fundamental Rights Agency and the UNHCR in monitoring and evaluation tasks as referred to in Section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the Fund are compliant with the relevant Union acquis and agreed Union prioritiefundamental rights.
2018/12/12
Committee: LIBE
Amendment 408 #
Proposal for a regulation
Article 13 – paragraph 4
4. Further to a monitoring exercise as carried out in accordance with Regulation (EU) [ ../..] [EUAA Regulation] or the adoption of recommendations in accordance with Regulation (EU) No 1053/2013 which are within the scope of this Regulation, the Member State concerned shall examine, together with the Commission, and where relevant with the European Union Agency for Asylum and the European Border and Coast Guard Agency, how to address the findings, including any shortcomings or issues of capacity and preparedness, and shall implement the recommendations through its programme.deleted
2018/12/12
Committee: LIBE
Amendment 410 #
Proposal for a regulation
Article 13 – paragraph 5
5. Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 4. Depending on the impact of the adjustment, the revised programme may be approved by the Commission.deleted
2018/12/12
Committee: LIBE
Amendment 412 #
Proposal for a regulation
Article 13 – paragraph 6
6. In cooperation and consultation with the Commission and the relevant agencies in accordance with their competence, as applicable, resources under the programme may be reallocated with the aim of addressing recommendations, as referred to in paragraph 4 that have financial implications.deleted
2018/12/12
Committee: LIBE
Amendment 413 #
Proposal for a regulation
Article 13 – paragraph 7
7. Member States shall in particular pursue the actions eligible for higher co- financing as listed in Annex IV. In the event of unforeseen or new circumstances or in order to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend the list of actions eligible for higher co-financing as listed in Annex IV.
2018/12/12
Committee: LIBE
Amendment 414 #
Proposal for a regulation
Article 13 – paragraph 7 a (new)
7 a. National programmes shall allow for the inclusion in the actions in paragraph 3a new of Annex III of immediate relatives of persons covered by the target group referred to in that paragraph.
2018/12/12
Committee: LIBE
Amendment 416 #
Proposal for a regulation
Article 13 – paragraph 8
8. Whenever a Member State decidess shall not be able to implement projects with or in a third country with the support of theis Fund, the Member State concerned shall consult the Commission prior to the start of the project.
2018/12/12
Committee: LIBE
Amendment 420 #
Proposal for a regulation
Article 13 – paragraph 9 a (new)
9 a. Each Member State shall publish its programme on a dedicated website. This website shall specify the actions supported in the implementation of the programme and list the beneficiaries. It shall be updated regularly.
2018/12/12
Committee: LIBE
Amendment 421 #
Proposal for a regulation
Article 14 – paragraph 1
1. In 2024, the Commission shall allocate to the programmes of Member States concerned the additional amount referred to in Article 11(1)(b) in accordance with the criteriaindicators referred to in paragraphs 1(b) to 5 of Annex I. Funding shall be effective for the period as of the calendar year 2025.
2018/12/12
Committee: LIBE
Amendment 423 #
Proposal for a regulation
Article 14 – paragraph 2
2. If at least 130 % of the initial allocation of a programme referred to in Article 11(1)(a) has not been covered by payment applications submitted in accordance with Article [85] of Regulation (EU) …/2021 [Common Provisions Regulation], the Member State concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1.
2018/12/12
Committee: LIBE
Amendment 427 #
Proposal for a regulation
Article 16 – paragraph 1
1. Member States shall receive, iIn addition to their allocation calculated in accordance with point (a) of Article 115(1)(a), a contribution of EUR 10 of the Union Resettlement and Humanitarian Admission framework, Member States shall receive for each person admitted in accordance with Article 2 (a) and (b) of the [Resettlement Regulation] a lump sum of EUR 10,000 and a lump sum of EUR 6,000 for each resettled person in accordance with the targeted Unnational resettlement scheme. That contribution shall take the form of financing not linked to costs in accordance with Article [125] of the Financials if that person was granted international protection or a humanitarian status under national law as defined in Article 2(2)(c) of Regulation (EU) XXX/XXX [Resettlement Regulation].
2018/12/12
Committee: LIBE
Amendment 428 #
Proposal for a regulation
Article 16 – paragraph 2
2. The amount referred to in paragraph 1 shall be allocated to the Member States through the amendment of their programme provided that the person in respect of whom the contribution is allocated was effectively resettled in accordance with the Union Resettlement [and Humanitarian Admission] Frameworkor admitted to the territory of the Member State.
2018/12/12
Committee: LIBE
Amendment 429 #
Proposal for a regulation
Article 16 – paragraph 3
3. The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.
2018/12/12
Committee: LIBE
Amendment 430 #
Proposal for a regulation
Article 16 – paragraph 4
4. Member States shall keep the information necessary to allow the proper identification of the resettled personsose persons resettled under a national resettlement scheme or admitted in accordance with Regulation (EU) XXX/XXX [Resettlement Regulation], and of the date of their resettlement or admission.
2018/12/12
Committee: LIBE
Amendment 443 #
Proposal for a regulation
Article 18 – paragraph 4
4. Member States shall justify in the programme and in the annual performance report as referred to in Article 30 the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall, with the European Union Agency for Asylum and the European Border and Coast GuardFundamental Rights Agency in line with Article 13, assess the baseline situation in the Member States which have indicated their intention to use operating support. The Commission shall take into account the information provided by those Member States and, where relevant, the information available in the light of the monitoring exercises, as carried out in accordance with Regulation (EU) ../.. [EUAA Regulation] and Regulation (EU) No 1053/2013, which are within the scope of this Regulation.
2018/12/12
Committee: LIBE
Amendment 445 #
Proposal for a regulation
Article 18 – paragraph 6
6. To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend the list of specific tasks and services in Annex VII.deleted
2018/12/12
Committee: LIBE
Amendment 447 #
Proposal for a regulation
Article 20 – paragraph 4
4. Grants implemented under direct and indirect management shall be awarded and managed in accordance with [Title VIII] of the Financial Regulation.
2018/12/12
Committee: LIBE
Amendment 449 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
4 a. The Commission shall ensure a fair and transparent distribution of resources among the objectives referred to in Article 3(2).
2018/12/12
Committee: LIBE
Amendment 451 #
Proposal for a regulation
Article 22
Blending operations decided under this Fund shall be implemented in accordance with the [InvestEu regulation] and Title X of the Financial RegulArticle 22 deleted Blending operation.s
2018/12/12
Committee: LIBE
Amendment 454 #
Proposal for a regulation
Article 25
Information, communication and 1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. 2. The Commission shall implement information and communication actions relating to the Fund and its actions and results. Financial resources allocated to the Fund shall also contribute to the corporate communication on the political priorities of the Union, as far as they are related to the objectives of this Regulation.Article 25 deleted publicity
2018/12/12
Committee: LIBE
Amendment 459 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
(a) heavy migratory pressure in one or more Member States characterised by a large or disproportionate inflow of third- country nationals in one or more Member States, which places significant and urgent demands on their reception and detention facilitiesfacilities, child protection, asylum and migration management systems and procedures;
2018/12/12
Committee: LIBE
Amendment 461 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
(c) heavy migratory pressure in third countries, including where persons in need of protection may be stranded due to political developments or conflicts, notably where it might have an impact on migration flows towards the EU.deleted
2018/12/12
Committee: LIBE
Amendment 464 #
Proposal for a regulation
Article 26 – paragraph 2
2. Emergency assistance may take the form of grants awarded directly to the decentralised agenciesEuropean Union Agency for Asylum or UNHCR.
2018/12/12
Committee: LIBE
Amendment 465 #
Proposal for a regulation
Article 26 – paragraph 3
3. Emergency assistance may be allocated to Member States’ programmes in addition to their allocation calculated in accordance with Article 11(1) and Annex I, provided that it is earmarked as such in the programme. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission and the Parliament through the amendment of the programme.
2018/12/12
Committee: LIBE
Amendment 469 #
Proposal for a regulation
Article 28 – paragraph 1
1. In compliance with its reporting requirements pursuant to Article [43(3)(h)(i)(iii)] of the Financial Regulation, the Commission shall present to the European Parliament and the Council annually information on performanceachievements in accordance with Annex V.
2018/12/12
Committee: LIBE
Amendment 471 #
Proposal for a regulation
Article 29 – paragraph 1
1. TBy 30 September 2024, the Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under the Fundreview of the progress towards the achievements of the objectives of this Regulation. By the same date, the Commission shall submit an evaluation report to the European Parliament and the Council.
2018/12/12
Committee: LIBE
Amendment 473 #
Proposal for a regulation
Article 29 – paragraph 1 a (new)
1 a. By 31 January 2028, the Commission shall carry out a retrospective evaluation and submit an evaluation report to the European Parliament and the Council. The mid-term and retrospective evaluations shall include a monitoring of the compliance with international law and fundamental rights of all the actions implemented under this Fund. They shall be conducted with meaningful participation of social partners, civil society organisations, including migrants and refugees organisations, equality bodies, national human rights institutions and other relevant organisation in accordance with the partnership principle of article 4a. Both evaluations shall be made public and presented to the European Parliament.
2018/12/12
Committee: LIBE
Amendment 476 #
Proposal for a regulation
Article 30 – paragraph 1
1. By 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission the annual performance report as referred to in Article 36(6) of Regulation (EU)…/2021 [Common Provisions Regulation]. The report submitted in 2023 shall cover the implementation of the programme in the period to 30 June 2022. Member States shall publish these reports on the dedicated website of the Managing Authority as stipulated in Article 44 of the Common Provision Regulation. The European Commission shall make annual performance reports available on a dedicated webpage.
2018/12/12
Committee: LIBE
Amendment 479 #
Proposal for a regulation
Article 30 – paragraph 2 – point c
(c) the complementarity between the actions supported by the Fund and support provided by other Union funds, in particular those in or in relation to third countriese ESF+;
2018/12/12
Committee: LIBE
Amendment 483 #
Proposal for a regulation
Article 30 – paragraph 2 – point e
(e) the implementation of communication and visibility actions;deleted
2018/12/12
Committee: LIBE
Amendment 484 #
Proposal for a regulation
Article 30 – paragraph 2 – point g
(g) the number of persons resettled or admitted with the help of the Fund in line with the amounts referred to in Article 16(1);
2018/12/12
Committee: LIBE
Amendment 487 #
Proposal for a regulation
Article 30 – paragraph 2 – point h a (new)
(h a) the number of vulnerable persons assisted through the programme, including children;
2018/12/12
Committee: LIBE
Amendment 490 #
Proposal for a regulation
Article 31 – paragraph 1
1. Monitoring and reporting in accordance with Title IV of Regulation (EU) …/… [Common Provisions Regulation] shall be based on the types of intervention set out in Tables 1, 2 and 3 in Annex VI. To address unforeseen or new circumstances or to ensure the effective implementation of the funding, the Commission shall be empowered to adopt delegated acts to amend the types of intervention in accordance with Article 32.
2018/12/12
Committee: LIBE
Amendment 495 #
Proposal for a regulation
Annex I – point 1 – point a
(a) Each Member State shall receive a fixed amount of EUR 510 000 000 from the Fund at the start of the programming period only;
2018/12/12
Committee: LIBE
Amendment 496 #
Proposal for a regulation
Annex I – point 1 – point b – indent 1
350 % for asylumthe objective on asylum specified in article 3(2)(a) and the objective on solidarity specified in article 3(2) (ca) new ;
2018/12/12
Committee: LIBE
Amendment 499 #
Proposal for a regulation
Annex I – point 1 – point b – indent 2
350 % for legal migration and integrationthe objective on legal migration specified in article (3)(2) (b) and the objective on integration specified in article (3) (2) (c);
2018/12/12
Committee: LIBE
Amendment 502 #
Proposal for a regulation
Annex I – point 1 – point b – indent 2 a (new)
- To achieve these objectives, 30% of the funding shall be reserved by Member States for actions implemented by local or regional authorities and civil society organisations.
2018/12/12
Committee: LIBE
Amendment 505 #
Proposal for a regulation
Annex I – point 1 – point b – indent 3
– 40% for countering irregular migration including returns.deleted
2018/12/12
Committee: LIBE
Amendment 508 #
Proposal for a regulation
Annex I – point 2 – introductory part
2. The following criteriaindicators in the area of asylum and solidarity will be taken into account and shall be weighted as follows:
2018/12/12
Committee: LIBE
Amendment 510 #
Proposal for a regulation
Annex I – point 2 – point a – indent 1
AnyNumber of third-country nationals or stateless person having been granted the status defined by the Geneva Convention with the meaning of Directive 2011/95/EU;
2018/12/12
Committee: LIBE
Amendment 511 #
Proposal for a regulation
Annex I – point 2 – point a – indent 2
AnyNumber of third-country national or stateless person enjoying a form of subsidiary protection with the meaning of recast Directive 2011/95/EU46 ; _________________ 46 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. 9–26).
2018/12/12
Committee: LIBE
Amendment 512 #
Proposal for a regulation
Annex I – point 2 – point a – indent 3
AnyNumber of third-country national or stateless person enjoying temporary protection within the meaning of Directive 2001/55/EC47 _________________ 47 Data to be taken into account only in case of the activation of the 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. 12–23).
2018/12/12
Committee: LIBE
Amendment 513 #
Proposal for a regulation
Annex I – point 2 – point a – indent 3 a (new)
- Number of Third Country Nationals or stateless persons enjoying some form of humanitarian protection/protection status under national legislation;
2018/12/12
Committee: LIBE
Amendment 519 #
Proposal for a regulation
Annex I – point 2 – point b
(b) 60 % in proportion to the nNumber of third-country nationals or stateless persons who have applied for international protection.
2018/12/12
Committee: LIBE
Amendment 520 #
Proposal for a regulation
Annex I – point 2 – point b a (new)
(b a) Number of applicants for international protection or beneficaries of international protection who have been relocated from one Member State to another;
2018/12/12
Committee: LIBE
Amendment 522 #
Proposal for a regulation
Annex I – point 2 – point c
(c) 10 % in proportion to the nNumber of third-country nationals or stateless persons who are being or have been resettled in a Member State.
2018/12/12
Committee: LIBE
Amendment 523 #
Proposal for a regulation
Annex I – point 2 – point c a (new)
(c a) Number of third country nationals who have been admitted in a Member State under an ad-hoc humanitarian admission programme or other pathways for people in need of international protection;
2018/12/12
Committee: LIBE
Amendment 525 #
Proposal for a regulation
Annex I – point 3 – introductory part
3. The following criteriaindicators in the area of legal migration and integration will be taken into account and shall be weighted as follows:
2018/12/12
Committee: LIBE
Amendment 526 #
Proposal for a regulation
Annex I – point 3 – point a
(a) 40% in proportion to the total nNumber of legally residing third- country nationals in a Member State.
2018/12/12
Committee: LIBE
Amendment 528 #
Proposal for a regulation
Annex I – point 3 – point a a (new)
(a a) Number of regularised third- country nationals in a Member State;
2018/12/12
Committee: LIBE
Amendment 529 #
Proposal for a regulation
Annex I – point 3 – point b
(b) 60% in proportion to the number of third-country nationals who have obtained a first residence permit.
2018/12/12
Committee: LIBE
Amendment 531 #
Proposal for a regulation
Annex I – point 3 – point b a (new)
(b a) number of applicants for family reunification who have been effectively reunited with their family;
2018/12/12
Committee: LIBE
Amendment 532 #
Proposal for a regulation
Annex I – point 3 – point c
(c) However, for the purpose of the calculation referred to in paragraph 3(b), the following categories of persons shall not be included: – Third country nationals being issued a work-related first residence permits valid for less than 12 months; – Third-country nationals admitted for the purposes of studies, pupil exchange, unremunerated training or voluntary service in accordance with Council Directive 2004/114/EC48 or when applicable the Directive (EU) 2016/80149 ; – Third-country nationals admitted for purposes of scientific research in accordance with Council Directive 2005/71/EC50 or when applicable the Directive (EU) 2016/801. _________________ 48 Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (OJ L 375, 23.12.2004, p. 12–18). 49 European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21–57). 50 Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ L 289, 3.11.2005, p. 15–22).deleted Directive (EU) 2016/801 of the
2018/12/12
Committee: LIBE
Amendment 533 #
Proposal for a regulation
Annex I – point 4
4. The following criteria in the area of countering irregular migration including returns will be taken into account and shall be weighted as follows: (a) 50% in proportion to the number of third-country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the Member State and who are subject to a return decision under national and / or Community law, i.e. an administrative or judicial decision or act, stating or declaring the illegality of stay and imposing an obligation to return; (b) 50% in proportion to the number of third-country nationals who have actually left the territory of the Member State following an administrative or judicial order to leave, whether undertaken voluntarily or under coercion.deleted
2018/12/12
Committee: LIBE
Amendment 540 #
Proposal for a regulation
Annex II – point 1 – introductory part
1. The Fund shall contribute to the specific objective set out in Article 3(2)(a) by focusing on the following implementation measures:
2018/12/12
Committee: LIBE
Amendment 541 #
Proposal for a regulation
Annex II – point 1 – point a
(a) ensuring a uniformthe application of the Union acquis and of the priorities related to the Common European Asylum Systemon asylum and International law;
2018/12/12
Committee: LIBE
Amendment 542 #
Proposal for a regulation
Annex II – point 1 – point b
(b) supporting the capacity of Member States’ asylum systems as regards infrastructures and services where necessarywell as local and regional authorities, including adequate and dignified reception conditions and services;
2018/12/12
Committee: LIBE
Amendment 547 #
Proposal for a regulation
Annex II – point 1 – point c
(c) enhancing solidarity and responsibility-sharing between the Member States, in particular towards those most affected by migratory flows, as well as providing support to Member States and local and regional authorities contributing to solidarity efforts;
2018/12/12
Committee: LIBE
Amendment 551 #
Proposal for a regulation
Annex II – point 1 – point d
(d) enhancing solidarity and cooperation with third countries affected by migratory flows, including through resettlement and other legal avenues to protection in the Union as well as partnership and cooperation with third countries for the purpose of managing migrationsupporting resettlement and other complementary legal avenues to protection in the Union with a view to increasing the overall number of available resettlement admission places .
2018/12/12
Committee: LIBE
Amendment 555 #
Proposal for a regulation
Annex II – point 2 – point a
(a) supporting the development and implementation of policies promotdeveloping legal migration possibilities, facilitating family reunification, and the implementation of the Union legal migration acquis;
2018/12/12
Committee: LIBE
Amendment 556 #
Proposal for a regulation
Annex II – point 2 – point a a (new)
(a a) promoting and developing structural and supporting measures facilitation regular entry and residence in the Union, including regularisation of status;
2018/12/12
Committee: LIBE
Amendment 559 #
Proposal for a regulation
Annex II – point 2 – point b
(b) promoting early integration measures for the social and economic inclusion of third-country nationals, preparing their active participation in and their acceptance by the receiving society, in particular with the involvement of local or regional authorities and civil society organisations, including refugees and migrants organisations.
2018/12/12
Committee: LIBE
Amendment 561 #
Proposal for a regulation
Annex II – point 3
3. The Fund shall contribute to the specific objective set out in Article 3(2)(c), by focusing on the following implementation measures: (a) ensuring a uniform application of the Union acquis and policy priorities regarding infrastructure, procedures and services; (b) supporting an integrated and coordinated approach to return management at the Union and Member States’ level, to the development of capacities for effective and sustainable return and reducing incentives for irregular migration; (c) supporting assisted voluntary return and reintegration; (d) strengthening cooperation with third countries and their capacities to implement readmission agreements and other arrangements, and enable sustainable return.deleted
2018/12/12
Committee: LIBE
Amendment 568 #
Proposal for a regulation
Annex II – point 3 a (new)
3 a. The Fund shall contribute to the specific objective set out in Article 3(2) (ca) by focusing on the following implementation measures: (a) Supporting relocation of applicants for international protection and beneficiaries of international protection from one Member State to another; (b) Providing Support to Member States at central, regional and local level, International and Non-governmental organisations in their solidarity efforts;
2018/12/12
Committee: LIBE
Amendment 574 #
Proposal for a regulation
Annex III – point 1 – point a
(a) the establishment and development of national, regional and local strategies in asylum, legal migration, integration, return and irregular mi and integration;.
2018/12/12
Committee: LIBE
Amendment 578 #
Proposal for a regulation
Annex III – point 1 – point c
(c) the development, monitoring and evaluation of policies and procedures including on collection and exchange of information and data, development and application of common statistical tools, methods and indicators for measuring progress as well as compliance with fundamental rights and assessing policy developments;
2018/12/12
Committee: LIBE
Amendment 579 #
Proposal for a regulation
Annex III – point 1 – point e
(e) assistance and support services consistent with the status and the needs of the person concerned, in particular the vulnerable groupspersons and gender-sensitive, including a timely assignment of guardians to all unaccompanied children;
2018/12/12
Committee: LIBE
Amendment 583 #
Proposal for a regulation
Annex III – point 1 – point f
(f) actions aimed at enhancing awareness of asylum, integration, legal migration and return policiespolicies with specific attention to vulnerable groups, including children, among stakeholders and the general public;
2018/12/12
Committee: LIBE
Amendment 584 #
Proposal for a regulation
Annex III – point 2 – point a
(a) providing material aid, including assistance at the border, child-friendly and gender-sensitive facilities, emergency services provided by local authorities, education, training, support services, legal aid, health and psychological care;
2018/12/12
Committee: LIBE
Amendment 588 #
Proposal for a regulation
Annex III – point 2 – point c
(c) identifying applicants with special procedural or reception needs, including victims of torture, gender-based violence, victims of trafficking, children and other vulnerable persons and providing specialised support to them;
2018/12/12
Committee: LIBE
Amendment 592 #
Proposal for a regulation
Annex III – point 2 – point d
(d) supporting housing in small units, including appartments and the establishingment or improvingement of open reception accommodation infrastructure, including the possible joint use of suchsmall-scale infrastructure addressing the needs of facmilities by more than one Member Statewith minors and unaccompanied minors;
2018/12/12
Committee: LIBE
Amendment 598 #
Proposal for a regulation
Annex III – point 2 – point f
(f) actions related to the conducting of procedures for the implementation of the Union Resettlement [and Humanitarian Admission] Framework or national resettlement schemes that are compatible with the Union Resettlement Framework;
2018/12/12
Committee: LIBE
Amendment 599 #
Proposal for a regulation
Annex III – point 2 – point h
(h) enhancing capacities of third countries to improve the protection of persons in need of protection;deleted
2018/12/12
Committee: LIBE
Amendment 603 #
Proposal for a regulation
Annex III – point 2 – point i
(i) establishing, developing and improving effective alternatives to detention, in particular in relation to unaccompanied minors and families.deleted
2018/12/12
Committee: LIBE
Amendment 607 #
Proposal for a regulation
Annex III – point 2 – point i a (new)
(i a) early identification of victims of violence and torture and other vulnerable groups upon arrival to a Member State and referral to specialised services;
2018/12/12
Committee: LIBE
Amendment 608 #
Proposal for a regulation
Annex III – point 2 – point i b (new)
(i b) delivery of qualified psycho-social and rehabilitation services to the victims of violence and torture, including gender- based violence.
2018/12/12
Committee: LIBE
Amendment 610 #
Proposal for a regulation
Annex III – point 2 – point i c (new)
(i c) ensuring the appointment of a guardian for unaccompanied minors;
2018/12/12
Committee: LIBE
Amendment 611 #
Proposal for a regulation
Annex III – point 3 – introductory part
3. Within the specific objective referred to in Article 3(2)(b) and Article 3(2)(c), the Fund shall in particular support the following:
2018/12/12
Committee: LIBE
Amendment 613 #
Proposal for a regulation
Annex III – point 3 – point b
(b) development of mobility schemes to the Union, such asincluding but not limited to circular or temporary migration schemes, including vocational training and training to enhance employability;
2018/12/12
Committee: LIBE
Amendment 617 #
Proposal for a regulation
Annex III – point 3 – point d
(d) the assessmentrecognition of skills and qualifications acquired in a third country, as well as their transparency and compatibility with those of a Member State;
2018/12/12
Committee: LIBE
Amendment 621 #
Proposal for a regulation
Annex III – point 3 – point f
(f) assistance in relation to a change of status for third-country nationals already legally residing in a Member State, in particular in relation to the acquisition of a legal residence status defined at Union level;
2018/12/12
Committee: LIBE
Amendment 624 #
Proposal for a regulation
Annex III – point 3 – point g
(g) early integration measures such as tailored support in accordance with the needs of third-country nationals and integration programmes focusing on educationinclusive and non segregated quality education and care, language and other training such as civic orientation courses and professional guidance;
2018/12/12
Committee: LIBE
Amendment 626 #
Proposal for a regulation
Annex III – point 3 – point g a (new)
(g a) building capacity of integration services provided by local authorities, including first accomodation, counselling, housing, education and vocational trainings.
2018/12/12
Committee: LIBE
Amendment 629 #
Proposal for a regulation
Annex III – point 3 – point h
(h) actions promoting equality in the access and provision of public and private services to third-country nationals, including adapting them to the needs of the target groupccess to education, healthcare and psycho-social support, adapting them to the needs of the target group, with a specific attention to gender and specific vulnerabilities of persons due to their exposure to discrimination taking place on the basis of the interaction of other personal characteristics or identities;
2018/12/12
Committee: LIBE
Amendment 638 #
Proposal for a regulation
Annex III – point 4
[...]deleted
2018/12/12
Committee: LIBE
Amendment 663 #
Proposal for a regulation
Annex IV – indent 1
Integration mMeasures implemented by local and regional authorities and civil- society organisations, including refugee and migrant organisations;
2018/12/12
Committee: LIBE
Amendment 665 #
Proposal for a regulation
Annex IV – indent 2
– Actions to develop and implement effective alternatives to detention;deleted
2018/12/12
Committee: LIBE
Amendment 667 #
Proposal for a regulation
Annex IV – indent 2 a (new)
- Actions aimed at regularising the status of third country nationals with existing ties to a Member State;
2018/12/12
Committee: LIBE
Amendment 668 #
Proposal for a regulation
Annex IV – indent 3
– Assisted Voluntary Return and Reintegration programmes and rdelaeted- activities;
2018/12/12
Committee: LIBE
Amendment 673 #
Proposal for a regulation
Annex V – part 1 – point 1 a (new)
1a. Number of persons admitted though humanitarian admission or other legal pathways for people in need of international protection;
2018/12/12
Committee: LIBE
Amendment 674 #
Proposal for a regulation
Annex V – part 1 – point 3
3. Convergence of protection recognition rates for asylum seekers from the same country.deleted
2018/12/12
Committee: LIBE
Amendment 675 #
Proposal for a regulation
Annex V – part 2
Specific objective 2: To support legal migration to the Member States including to contribute to the integration of third- country nationals: 1. participated in pre-departure measures supported by the Fund. 2. participated in integration measures supported by the Fund reporting that the measures were beneficial for their early integration as compared to the total number of persons who participated in the integration measures supported by the Fund.deleted Number of persons who Number of persons who
2018/12/12
Committee: LIBE
Amendment 677 #
Proposal for a regulation
Annex V – part 2 a (new)
Specific objective 2a (new): To support legal migration to the Member States 1. Number of Blue cards issued with the support of the Fund; 2. Number of intra-corporate transferees granted that status with the support of the Fund; 3. Number of applicants for family reunification effectively reunited with their family with the support of the Fund; 4. Number of third-country nationals granted for the first time a residence permit with the support of this Fund
2018/12/12
Committee: LIBE
Amendment 678 #
Proposal for a regulation
Annex V – part 2 b (new)
Specific objective 2b (new): To contribute to the integration of third country nationals 1. Number of persons who participated in pre-departure measures supported by the Fund; 2. Number of persons who participated in integration measures supported by the Fund; 3. Number of persons who were staying irregularly and had their status regularised through initiatives supported by the Fund; 4. Number of persons who participated in integration measures and who had their qualification recognised or obtained a diploma in an EU member State; 5. Number of persons who participated in Integration measures supported by the Fund and subsequently got an employment.
2018/12/12
Committee: LIBE
Amendment 679 #
Proposal for a regulation
Annex V – part 3
Specific objective 3: To contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries: 1. Number of returns following an order to leave compared to the number of third-country nationals ordered to leave. 2. received pre or post-return reintegration assistance co-financed by the Fund, as compared to the total number of returns supported by the Fund.deleted Number of returnees who have
2018/12/12
Committee: LIBE
Amendment 682 #
Proposal for a regulation
Annex V – part 3 a (new)
Specific objective 3a: Ensuring solidarity and fair sharing of responsibility 1. Number of relocations carried out of applicants for international protection and beneficiaries of international protection from one Member State to another; 2. Number of staff seconded or financial support provided to Member States who expressed a need for solidarity due to increased number of arrivals.
2018/12/12
Committee: LIBE