BETA

24 Amendments of Jean-Luc SCHAFFHAUSER related to 2016/0225(COD)

Jean-Luc SCHAFFHAUSER, Marcus PRETZELL, Edouard FERRAND

Proposal for a regulation
Article 1 – paragraph 1

This Regulation establishes a ~~Union Resettlement Framework for the admiss~~provisional Union framework for the temporary protection of third-country ~~national~~refugees and stateless persons to the territory of the Member States ~~with a view to granting them international protection~~.

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER, Marcus PRETZELL, Edouard FERRAND

Proposal for a regulation
Article 2 – paragraph 1

For the purposes of this Regulation ‘resettlement’ means the admission of third-country nationals and stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of the Member States with a view to granting them international protection.deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER, Marcus PRETZELL, Edouard FERRAND

Proposal for a regulation
Article 3 – title

~~Union Resettlement Framework~~Provisional EU framework for the protection of refugees

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER, Marcus PRETZELL, Edouard FERRAND

Proposal for a regulation
Article 3 – paragraph 1

~~A Union Resettlement Framework is hereby establish~~deleted.

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER, Marcus PRETZELL, Edouard FERRAND

Proposal for a regulation
Article 3 – paragraph 2

~~It lays down rules on the resettlement of third-country nationals and stateless persons to the territory of the Member States.~~deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 3 – paragraph 3

The Union Resettlement Framework shall: (a) provide for the legal and safe arrival of third-country nationals and stateless persons in need of international protection to the territory of the Member States; (b) contribute to the reduction of the risk of a large-scale irregular inflow of third- country nationals and stateless persons in need of international protection to the territory of the Member States; (c) contribute to international resettlement initiatives.deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 4

Regions or third countries from which In determining the regions or third countries from which resettlement shall occur within the Union Resettlement Framework, in accordance with the implementing acts referred to in Articles 7 and 8, the following factors shall be taken into consideration: (a) the number of persons in need of international protection displaced to or within a third country and any onward movement of those persons to the territory of the Member States; (b) complementarity with financial and technical assistance provided to third countries to which or within which persons in need of international protection have been displaced; (c) the Union’s overall relations with the third country or countries from which resettlement occurs, and with third countries in general; (d) a third country’s effective cooperation with the Union in the area of migration and asylum, including: (i) reducing the number of third-country nationals and stateless persons irregularly crossing the border into the territory of the Member States coming from that third country; (ii) creating the conditions for the use of the first country of asylum and safe third country concepts for the return of asylum applicants who have irregularly crossed the border into the territory of the Member States coming from or having a connection with the third country concerned; (iii) increasing the capacity for the reception and protection of persons in need of international protection staying in that country, including through the development of an effective asylum system; ou (iv) increasing the rate of readmission of third-country nationals and stateless persons irregularly staying in the territory of the Member States such as through the conclusion and effective implementation of readmission agreements; (e) the scale and content of commitments to resettlement undertaken by third countries.Article 4 deleted resettlement is to occur

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 4 – paragraph 1

In determining the regions or third countries from which resettlement shall occur within the Union Resettlement Framework, in accordance with the implementing acts referred to in Articles 7 and 8, the following factors shall be taken into consideration: (a) the number of persons in need of international protection displaced to or within a third country and any onward movement of those persons to the territory of the Member States; (b) complementarity with financial and technical assistance provided to third countries to which or within which persons in need of international protection have been displaced; (c) the Union’s overall relations with the third country or countries from which resettlement occurs, and with third countries in general; (d) a third country’s effective cooperation with the Union in the area of migration and asylum, including: (i) reducing the number of third-country nationals and stateless persons irregularly crossing the border into the territory of the Member States coming from that third country; (ii) creating the conditions for the use of the first country of asylum and safe third country concepts for the return of asylum applicants who have irregularly crossed the border into the territory of the Member States coming from or having a connection with the third country concerned; (iii) increasing the capacity for the reception and protection of persons in need of international protection staying in that country, including through the development of an effective asylum system; ou (iv) increasing the rate of readmission of third-country nationals and stateless persons irregularly staying in the territory of the Member States such as through the conclusion and effective implementation of readmission agreements; (e) the scale and content of commitments to resettlement undertaken by third countries.deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 5

~~[...]~~deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 8

Targeted Union resettlement schemes 1. The Commission shall adopt implementing acts establishing targeted Union resettlement schemes consistent with the annual Union resettlement plan adopted pursuant to Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2). 2. A targeted Union resettlement scheme shall include at least: (a) a detailed justification for the targeted Union resettlement scheme; (b) the precise number of persons to be resettled from the maximum total number as set out in the annual Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme; (c) the specification of the regions or third countries from which resettlement is to occur as referred to in Article 4; (d) where necessary, local coordination and practical cooperation arrangements among Member States, supported by the [European Union Agency for Asylum] in accordance with Article 12(3), and with third countries, and UNHCR or other partners; (e) a description of the specific group or groups of third-country nationals or stateless persons to whom the targeted Union resettlement scheme shall apply; (f) whether the ordinary procedure set out in Article 10 or the expedited procedure set out in Article 11 shall be applied specifying where necessary how the identification and assessment of third- country nationals or stateless persons shall be carried out and the timeframe for taking decisions on resettlement; (g) the date on which the targeted Union resettlement scheme shall take effect and its duration.Article 8 deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

1. The Commission shall adopt implementing acts establishing targeted Union resettlement schemes consistent with the annual Union resettlement plan adopted pursuant to Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 8 – paragraph 2

2. A targeted Union resettlement scheme shall include at least: (a) a detailed justification for the targeted Union resettlement scheme; (b) the precise number of persons to be resettled from the maximum total number as set out in the annual Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme; (c) the specification of the regions or third countries from which resettlement is to occur as referred to in Article 4; (d) where necessary, local coordination and practical cooperation arrangements among Member States, supported by the [European Union Agency for Asylum] in accordance with Article 12(3), and with third countries, and UNHCR or other partners; (e) a description of the specific group or groups of third-country nationals or stateless persons to whom the targeted Union resettlement scheme shall apply; (f) whether the ordinary procedure set out in Article 10 or the expedited procedure set out in Article 11 shall be applied specifying where necessary how the identification and assessment of third- country nationals or stateless persons shall be carried out and the timeframe for taking decisions on resettlement; (g) the date on which the targeted Union resettlement scheme shall take effect and its duration.deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 9

The resettlement procedures laid down in Articles 10 and 11 shall apply to third- country nationals or stateless persons who have given their consent to be resettled and have not subsequently withdrawn their consent, including refusing resettlement to a particular Member State.Article 9 deleted Consentement

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 10

~~[...]~~deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 10 – paragraph 1

1. When implementing a targeted Union resettlement scheme, Member States shall identify third-country nationals or stateless persons and assess whether those third-country nationals or stateless persons fall within the scope of a targeted Union resettlement scheme. Member States may give preference inter alia to third-country nationals or stateless persons with: (a) family links with third-country nationals or stateless persons or Union citizens legally residing in a Member State; (b) social or cultural links, or other characteristics that can facilitate integration in the participating Member State, provided that this is without discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, without prejudice to differences in treatment necessary for the assessment referred to in the first subparagraph; (c) particular protection needs or vulnerabilities.deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 13

High-Level Resettlement Committee 1. A High-Level Resettlement Committee shall be established, composed of representatives of the European Parliament, the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, and the Member States. [The European Union Agency for Asylum,] UNHCR, and IOM may be invited. Representatives of Iceland, Liechtenstein, Norway, and Switzerland shall be invited to attend the meetings of the High-Level Resettlement Committee where they have indicated their intention to be associated with the implementation of the annual Union resettlement plan. 2. The High-Level Resettlement Committee shall be chaired by the Commission. It shall meet whenever necessary at the invitation of the Commission or at a request of a Member State and shall meet at least once a year. 3. The Commission shall consult the High-Level Resettlement Committee on issues related to the implementation of the Union Resettlement Framework.Article 13 deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 14

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 10(9) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation. 3. The delegation of power referred to in Article 10(9) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201640. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 10(9) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. _________________ 40 OJ L 123, 12.5.2016, p. 1.Article 14 deleted Exercise of the delegation

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 15

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.Article 15 deleted Committee procedure

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 15 – paragraph 1

~~1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.~~deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 15 – paragraph 2

~~2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.~~deleted

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 18

1. By 31 December 2018 the Commission shall report to the European Parliament and the Council on the application of this Regulation in the Member States. 2. Member States shall provide the Commission and [the European Union Agency for Asylum] with the necessary information for drawing up its report for the purpose of paragraph 1 in addition to the information provided to [the European Union Agency for Asylum] on the number of third-country nArticle 18 deleted Evaluation~~als~~ and stateless persons effectively resettled on a weekly basis as laid down in Article 22(3) of [Regulation (EU) No XXX/XXX (Dublin Regulation)]. 3. The European Parliament and the Council shall, on the basis of the proposal of the Commission, taking into account the report referred to in paragraph 1, review this Regulation by 30 June 2020.Review

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 19

This Regulation shall enter into force on the […] day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.Article 19 deleted Entry into force

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 19 – paragraph 1

This Regulation ~~shall enter into force on the […] day following that of its publication~~is rejected and shall not be published in the Official Journal of the European Union.

2017/04/06
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 19 – paragraph 2

This Regulation ~~shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties~~is rejected. This power rests solely with the Member States as part of their national sovereignty.

2017/04/06
Committee: AFET