68 Amendments of Andrea BOCSKOR related to 2015/2095(INI)
Amendment 36 #
Motion for a resolution
Citation 43
Citation 43
Amendment 48 #
Motion for a resolution
Citation 52
Citation 52
Amendment 49 #
Motion for a resolution
Citation 53
Citation 53
Amendment 50 #
Motion for a resolution
Citation 54
Citation 54
Amendment 51 #
Motion for a resolution
Citation 55
Citation 55
Amendment 52 #
Motion for a resolution
Citation 56
Citation 56
Amendment 53 #
Motion for a resolution
Citation 57
Citation 57
Amendment 54 #
Motion for a resolution
Citation 58
Citation 58
Amendment 55 #
Motion for a resolution
Citation 60
Citation 60
Amendment 63 #
Motion for a resolution
Recital B
Recital B
B. whereas according to Frontex data5 , in the first eleven months of 2015, 1.55 million persons were detected while attempting to cross irregularly the EU’s external borders, setting an unprecedented record compared to the 282 000 migrants who arrived in the EU in the course of the whole 2014; and whereas, according to IOM/UNICEF data, around 20 % of all migrants arriving by sea are children6 ; and whereas, according to the preliminary data available, the percentage of Syrians vary from 26% to 50% of all arrivals in the EU in 20156a ; and whereas a large number of counterfeit Syrian passports poses a serious challenge for proper identity checks; __________________ 5 Frontex news, http://frontex.europa.eu/news/number-of- migrants-arriving-in-greece-dropped-by- half-in-november-cITv3V. 6 IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf. 6aInternational Centre for Migration policy Development, http://www.icmpd.org/news-centre/2015- in-review-infographic/ ; Frontex, http://frontex.europa.eu/assets/Publicatio ns/Risk_Analysis/FRAN_Q3_2015.pdf
Amendment 85 #
Motion for a resolution
Recital F
Recital F
F. whereas solidarity can take the forms of internal and external solidarity; and whereas relocation, mutual recognition of asylum decismay be expressed in many different ways besides CEAS provisions such as financial assistance, human resources, equipment, training and other operational support measures and should be addressed at a global and universal level given the challenges with which Europe is not capable to cope alone; whereas voluntary relocations, operational support measures, financial support measures, a pro-active interpretation and implementation of the current Dublin Regulation and the Temporary Protection Directive are all tools for internal solidarity, while, voluntary resettlement, humanitarian admission and search and rescue at sea promote externaloperations at sea are all tools that can be used by the Member States to demonstrate their solidarity;
Amendment 98 #
Motion for a resolution
Subheading 2
Subheading 2
Tackling criminal smuggling, trafficking and labour exploitationforced labour of irregular migrants
Amendment 100 #
Motion for a resolution
Recital G
Recital G
G. whereas migrant smuggling, trafficking and labour exploitation are distinct legal phenomena requiring properly targeted responses, while often overlapping in practiceforced labour are distinct phenomena, while often overlapping in practice, involving other criminal acts too; whereas smuggling is a facilitation of irregular entry of a person into another country, with the consent of the smuggled person, while trafficking in human beings is a modern form of slavery, where traffickers exploit vulnerable people for financial gain by tricking or forcing them mainly into sexual and labour exploitation; and whereas criminal smuggling and trafficking networks can change their modus operandi very quickly, thus requiring rapidly adapted and properly targeted responses based on the most recent and accuratefindings of investigation and data;
Amendment 107 #
Motion for a resolution
Recital H
Recital H
H. whereas the fight against migrant smuggling, trafficking and labour exploitationforced labour necessitates both short, medium and long- term responses, including measures to disrupt criminal networks and to bring criminals to justice, the gathering and analysis of data, measures to proteco protect and assist victims and to return irregularly staying migrants, as well as cooperation with third countries of origin and transit and longer- term strategies to address the demand for trafficked and smuggled persons and the root causes of migration which force people into the hands of criminal smugglerin third countries;
Amendment 124 #
Motion for a resolution
Recital J
Recital J
J. whereas the abolishment of internal border controls must go hand-in-hand with the effective management ofand protection of the Union's external borders, with high common standards, effective exchange of information between Member States, and full respect for everyone’s fundamental rights;
Amendment 131 #
Motion for a resolution
Recital K
Recital K
K. whereas the current Visa Code allows Member States to deviate from the normalstandard admissibility criteria for a visa application in exceptional cases with limited territorial validity ‘on humanitarian grounds’ (as defined in Articles 19 and 25);
Amendment 140 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas the current migration crisis is a global challenge that requires a global action;
Amendment 168 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas a functioning return policy through readmission agreements should be an integral part of cooperation with third countries;
Amendment 188 #
Motion for a resolution
Recital R a (new)
Recital R a (new)
R a. whereas legal migration for labour market needs, based on the principle of subsidiarity, is and should remain a national competence of the EU Member States;
Amendment 195 #
Motion for a resolution
Recital U
Recital U
U. whereas the CEAS includes a set of common rules for a common asylum policy, a uniform asylum status and common asylum procedures valid throughout the Union; whereas, however, many alerts, including the infringement decisions adopted by the Commission, show that the CEAS has not been fully implemented in many Member States; whereas implementation is essential in order to harmonise national laws and promote solidarity among Member Statesof existing rules is essential, and whereas Member States can seek supporting assistance from EASO to meet the standards required by the CEAS; whereas harmonisation of reception conditions and asylum procedures can avoid stress on countries offering better conditions and are key to responsibility sharing;
Amendment 233 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Starts from the premise that saving lives must be a first priority and that proper funding, at Union and Member State level, for search and rescue operations is essential along with proper and effective external border controls; notes that there has been an increase in the number of irregular arrivals by sea and an alarming increase in the number of deaths at sea, and that a better European response is still required;
Amendment 268 #
Motion for a resolution
Subheading 11
Subheading 11
On tackling human trafficking and criminal smuggling
Amendment 273 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a clear distinction to be made between those persons who are smuggled into the Union and those who are trafficked into the Union because, while the policy response must be properly integrated, they must also beas the consequences are distinct, therefore the policy response must be adjusted to these differences thus being properly targeted; states that, in general terms, the criminal smuggling of migrants involves facilitating the irregular entry of a person to a Member State, whereas human trafficking involves the recruitment, transportation or reception of a person through the use of violentile often undertaken in dangerous or degrading conditions but with the consent of the migrant, while human trafficking is a serious crime, a gross violation of fundamental rights, which involves the recruitment, transportation or reception of a person by means of threat, or use of threat, or other forms of coercion, abduction, fraud, deceptiveon or abusive meanse of power or vulnerability, for the purpose of exploitation;
Amendment 295 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Member States to fully implement and enforce the Directive 2011/36/EU on preventing and combating trafficking in human beings and take all the necessary measures to prevent this serious crime, to prosecute and punish the perpetrators by effective, proportionate and dissuasive sanctions, including seizure and confiscation of proceeds of crime and to identify, protect and assist victims;
Amendment 317 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspecbe a considerable part of any holistic approach to migration and reiterates that Operation Sophia must not distract assets already deployed in the Mediterranean from saving lives at sea;
Amendment 327 #
Motion for a resolution
Subheading 12
Subheading 12
On the role of Union agencies in the fight against criminal smugglsmuggling and human trafficking
Amendment 330 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that, since criminals can and do change their modus operandi very quickly, policy responses must adapt to the most recent and accurateinvestigations and data; notes, as a positive step forward, that the Commission adopted a Union Action Plan against Migrant Smuggling on 27 May 2015 (‘the Action Plan on Smuggling’), under which it provides for the setting up of a Contact Group of Union Agencies on migrant smuggling, to strengthen their operational cooperation and information exchange;
Amendment 333 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Acknowledges the steps the EU and its agencies, with the coordination of its EU Anti-Trafficking Coordinator have taken against trafficking in human beings and encourages the EU and Member States to put more efforts on identifying and adequately addressing new trends and forms of human trafficking which might be provoked and caused by the significantly increased migration;
Amendment 349 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the process of relocation – that is to say, transferring an applicant for international protection, or a beneficiary of international protection, from one Member State to another – is a practical example of solidarity within the Union; recalls, in addition, that, since 2009, Parliament has been calling for a binding mechanism for the distribution of asylum seekers among all the Member States;
Amendment 370 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that the establishment of urgentvoluntary relocation measures isagreed are a move in the right direction of mutual solidarity, and calls on Member States to fulfil their obligations with regard to thosee agreed measures as soon as possible;
Amendment 383 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, for the purposes of the Rrelocation Decisionsmeasures taken by the Council, relocation willmay cover only those nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months, on the basis of Eurostat data; notes that the Relocation Decisions will affect a relatively small number of people, and will leave out the large numbers of applicants originating from other third countries who cannot be relocated under those decisions;
Amendment 412 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that, in addition to the criteria contained in the Relocation DecisionsCouncil Decisions on relocations from Italy and Greece, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to two other criteria, namely, the size of the territory of the Member State and the population density of the Member Statemust be reviewed, taking into account specific national circumstances, such as reception, absorption and integration capacity, labour market absorption capacity, historical factors and number of past migrants which goes beyond the 2010- 2014 timeframe laid down in the European Agenda on Migration;
Amendment 443 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that resettlement is one of the preferredn cooperation with UNHCR if a Member State so decides is one of options for granting safe and lawful access to the Union for refugees and those in need of international protection, where it is clear that in long term the refugees can neither return to their home countries nor receive effective protection or be integrated into the host country;
Amendment 456 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, givenNotes the unprecedented flows of migrants that have reached and continue to reach the Union’s external borders, and the steady increase in the number of people asking for international protection, the Union needs a binding and mandatory legislative approach to resettlement, as set out in the Commission’s agenda for migration; recommends that, to have an impact, such an approach must provide for resettlement of a meaningful number of refugees, with regard to the overall numbers of refugees seeking international protection in the Union;
Amendment 468 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanenta Union-wide resettlement programme, with mandato can only be based on voluntary participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;
Amendment 473 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanentn Union-wide resettlement programme, with mandatory participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union; while taking into account the capacity of Member States to provide adequate reception conditions, integration opportunities in society and labour market;
Amendment 480 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Acknowledges that such resettlement programme should be on voluntary basis to encourage greater solidarity among the Member States;
Amendment 517 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that further steps are necessary to ensure that the CEAS becomes a truly uniform system while respecting subsidiarity and proportionality principles;
Amendment 549 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to its implementation, fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced in crisis situations by Member States situated at the Union’s external borders; believes that the European Union needs to accept the on-going difficulties with the Dublin logic, and to develop options for solidarity both among its Member States and the migrants concerned; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, p. 31).
Amendment 567 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends that the criteria on which the Rrelocation Decisions are based should bs of asylum seekers from Italy and Greece were based should be further evaluated before they are built directly into the Union’s standard rules for voluntary allocating responsibility; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘applicants in clear need of international protection’, since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival;
Amendment 584 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes the view that the European Union should support the frontline Member States having external borders as well as those Member States receiving the most asylum claims with proportionate and adequate financial and technical support; considers that the rationale of using solidarity and responsibility-sharing measures is to enhance the quality and functioning of the CEAS;
Amendment 590 #
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 614 #
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 641 #
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society; notes that refugees have not only rights but also obligations towards the hosting Member State; emphasises that integration is a two- way process and that respect for the values upon which the EU isand its Member States are built must be an integral part of the integration process; __________________ 12 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).
Amendment 652 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Emphasises that those granted asylum in an EU Member State should fully respect the principles, values, rules and laws of the Union and the Member State that has granted international protection;
Amendment 688 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reaffirms that better recognition of foreign qualifications is one practical way of ensuring that those third-country nationals already present in the Union can integrate better, and calls on the Commission to come forward with appropriate proposals in that regard; notes however the high number of unemployment among EU citizens in several Member States; points out that as of November 2015 the youth unemployment rate across all the Member States stood at 20%;
Amendment 713 #
Motion for a resolution
Paragraph 46
Paragraph 46
46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification in full respect of the national legislation;
Amendment 742 #
Motion for a resolution
Paragraph 48
Paragraph 48
48. UnderstandEmphasises that the safe and swift return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS;
Amendment 754 #
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, only 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is an urgent need to improve the effectiveness of the Union’s return system;
Amendment 875 #
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61 a. Acknowledges that without strong and well protected Union's external borders there is no possibility to ensure safety within and fully implement CEAS;
Amendment 901 #
Motion for a resolution
Paragraph 65
Paragraph 65
65. AcceptEmphasises that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons;
Amendment 964 #
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need and identify those who do not qualify for international protection; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 975 #
Motion for a resolution
Paragraph 76
Paragraph 76
76. Believes that such a revision is necessary and should consider introducing a system allowing for victims of human trafficking and criminal smuggling to come forward and aid in the effective prosecution of a trafficker or criminal smuggler without fear of being prosecuted themselves;
Amendment 986 #
Motion for a resolution
Paragraph 78
Paragraph 78
78. Underlines that another crucial step in dismantling criminal smuggling and trafficking networks is to prioritise financial investigations, as tracking and confiscating the profits and assets of those criminal networks is essential if they are to be weakened and eventually dismantled; calls, in this regard, for the Member States to transpose swiftly and effectively the fourth Anti-Money Laundering Directive;
Amendment 1077 #
Motion for a resolution
Paragraph 89 a (new)
Paragraph 89 a (new)
89a. Acknowledges that tackling the 'push factors' is a global responsibility and cannot be seen solely as the responsibility of the European Union, while the Union must still do its utmost to address root causes;
Amendment 1080 #
Motion for a resolution
Paragraph 90
Paragraph 90
Amendment 1093 #
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe and the rest of the world looks at how to help re-build those countries; points out that this means that the Commission and the Member States must put up the money to help build capacity in third countries, such as by facilitating investment and education, strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there;
Amendment 1112 #
Motion for a resolution
Paragraph 95
Paragraph 95
95. Recommends that, in line with the GAMM, the four thematic pillars addressing (i) legal migration and mobility, (ii) irregular migration and trafficking in human beings, (iii) international protection, and (iv) the development impact of migration should be of equal importance in Union external policy and funding; stresses that funding to third countries under various programmes should be assessed in light of their respect to the EU's efforts of migration management - including developing their asylum systems and facilitating returns of their citizens;
Amendment 1154 #
Motion for a resolution
Paragraph 104
Paragraph 104
Amendment 1161 #
Motion for a resolution
Paragraph 105
Paragraph 105
Amendment 1166 #
Motion for a resolution
Paragraph 106
Paragraph 106
Amendment 1180 #
Motion for a resolution
Paragraph 109
Paragraph 109
109. Points out that the Europe 2020 strategy has identified the need for a comprehensive labour migration policy, and for better integration of migrants, in order to meet the Union’s goals for smart, sustainable and inclusive growth; this should be done in full respect of the principle of subsidiarity;
Amendment 1190 #
Motion for a resolution
Paragraph 111
Paragraph 111
Amendment 1213 #
Motion for a resolution
Subheading 41
Subheading 41
On labour exploitationforced labour
Amendment 1214 #
Motion for a resolution
Paragraph 114
Paragraph 114
114. Notes that labour exploitationforced labour can take place as a consequence of trafficking, of smuggl in human being,s or even in theits absence of both, with the result that there is impunity , calls on the Member States to fully implement and enforce those exploiting irregular migrante Directive 2009/52/EC on providing for minimum standards ion those Member States in which it is not criminalised as suchsanctions and measures against employers of illegally staying third- country nationals;
Amendment 1219 #
Motion for a resolution
Paragraph 115
Paragraph 115
115. Deplores the fact that the low risk of being detected and/or prosecuted as an employer exploiting the labour of irregular migrants has been identified as an important factor in labour exploitationforced labour, in particular in sectors most at risk (agriculture, fishing, construction, manufacturing, hotels and restaurants, domestic workers and care services); recommends that in order to tackle this impunity it is necessary, firstly, to ensure that all cases of severe labour exploitation are criminalised and adequately punished under national law and, secondly, to increase labour inspectionso ensure that forced labour is criminalised and punished under national law and that Member States provide adequate powers to competent authorities to carry out inspections, while sufficient staff are available with the skills and qualifications needed to carry out targeted inspections effectively in at-risk sectors;
Amendment 1226 #
Motion for a resolution
Paragraph 116
Paragraph 116
116. Takes note of the fact that, at present, many Member States criminalise labour exploitation onforced labour mostly when it takes place as a form of trafficking, which leaves a wide gap in all cases where the labour exploiters were not involved in the trafficking, or their involvement cannot be proved;
Amendment 1227 #
Motion for a resolution
Paragraph 117
Paragraph 117
117. Reiterates that special procedures to ensure facilitation of complaints foreseen by Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (the ‘Employers’ Sanctions Directive’) should be fully implemented and correctly applied in practice; believes that increased protection for those vEncourages the setting up of a European Business Coalition against Trafficking in Human Beings (as mooted in the 2012-2016 EU Strategy towards the Eradicatimson of tTrafficking, and for those smuggled into the Union, who cooperate and facilitate prosecution of traffickers and/or criminal smugglers, is necessary; suggests that, in addition, support s in Human Beings) which should improve cooperation with businesses and other stakehould be given for the setting up of a European Business Coalition against Trafficking in Human Beings (as mooted in the 2014 Strategy againsers, respond to emerging challenges and discuss measures to prevent Ttrafficking in Hhuman Bbeings) with the purpose of developing supply chains that do not involve trafficking in human being, in particular in high-risk areas;