BETA

161 Amendments of Sophie MONTEL related to 2016/0131(COD)

Proposal for a regulation
Recital 1

(1) The objective of the Union's policy on asylum is to develop and establish a Common European Asylum System (CEAS), consistent with the values ~~and humanitarian tradition of the European Union and governed by the principle of solidarity and fair sharing of responsibility~~of the European Union.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 1 a (new)

1a. This asylum policy should be sustainable, first and foremost, for the domestic population; this means that the procedures and scale of the asylum policy are to be directly approved by the nationals of a country.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 1 b (new)

1b. A country absolutely cannot be asked to host groups of foreigners if it does not have the resources to meet the needs of its own citizens properly.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 1 c (new)

1c. It is important to stress that certain cultural differences between domestic populations and people coming in from outside may make co-existence between the two impossible. A Member State may therefore not be required to host asylum seekers irrespective of their identity.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 1 d (new)

1d. The attacks in France, Belgium and Germany may have involved migrants who were asylum seekers. It must be borne in mind that refugee flows have been infiltrated by Islamic State combatants, and it is therefore of key importance to set to zero the target of drastically reducing these flows.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 2

(2) The CEAS is based on common minimum standards for asylum procedures~~, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers~~. Notwithstanding progress on the CEAS, there are still significant disparities between the Member States in the granting of international protection and in the form that such international protection takes. Those disparities should be addressed by ensuring greater convergence in the assessment of applications for international protection and by guaranteeing a high and uniform level of application of Union law across the Union, with some Member States having chosen to receive a worrying number of refugees without considering the possible repercussions, particularly with regard to security, that their decision could have for the Member States.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 2 a (new)

2a. The CEAS cannot force Member States to change their policy on the reception of refugees or immigrants, as it is a matter over which they have jurisdiction.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 2 b (new)

2b. The CEAS should encourage the Member States to be very prudent in their migration policy, in accordance with the precautionary principle.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 3

(3) In its Communication of 6 April 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member States responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the asylum system and to prevent secondary movements, and develop an enhanced mandate for the European Asylum Support Office. That Communication is in line with calls by the European Council on 18 February 2016 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It ~~also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016~~is not, however, acceptable, as it does not make it possible to create a clear pathway towards a reduction in migrant flows or their return to their countries of origin, although that ought to be the sole objective of the CEAS.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 4

(4) The European Asylum Support Office was established by Regulation (EU) No 439/2010 of the European Parliament and of the Council 7and it took up its responsibilities on 1 February 2011. The European Asylum Support Office has enhanced practical cooperation among Member States on asylum-related matters and in assisting Member States in implementing their obligations under the CEAS. The European Asylum Support Office also provides a little support to Member States whose asylum and reception systems are under particular pressure. However, its role and function need to be ~~further strengthened so as to not only~~reviewed so that it can provide support to Member States ~~in their practical cooperation but to reinforce and complement the asylum and reception systems of Member States~~wishing to expel refugees already in their territory. __________________ 7 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11).

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 5

(5) Having regard to structural weaknesses of the CEAS brought to the fore by large-scale and uncontrolled arrival of migrants and asylum seekers to the Union and the need for an efficient, high and uniform level of the application of Union asylum law in Member States, it is necessary to improve the implementation and functioning of the CEAS by building on the work of the European Asylum Support Office and further develop it into a fully-fledged agency which should be responsible for facilitating and improving the functioning of the CEAS, for enabling a sustainable and fair distribution of applications for international protection for ensuring convergence in the assessment of applications for international protection across the Union, and for monitoring the operational and technical application of Union law.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 6

(6) The tasks of the European Asylum Support Office should be ~~expand~~redefined, and to reflect those changes, it should be renamed ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration, or AICCII. The Agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, monitor the operational and technical application of Union law and standards as regards asylum, support the Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressurehelp Member States to combat all forms of illegal immigration effectively.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 7

(7) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should work in close cooperation with Member States' asylum authorities, with national immigration and asylum services and other services, drawing on the capacity and expertise of those services~~, and with the Commission~~. Member States should cooperate with the Agency ~~to ensure that it is able to fulfil its mandate~~as they wish. It is important that the Agency and the Member States act in good faith and have a timely and accurate exchange of information. Any provision of statistical data should respect the technical and methodological specifications of Regulation (EC) No 862/20078. __________________ 8 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 8

(8) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should gather and analyse information on the situation of asylum in the Union and in third countries insofar as this may have an impact on the ~~Union~~Member States. That should enable the Agency to assist Member States in better understanding the factors for asylum- related migration towards and within the Union, as well as for the purpose of early warning and preparedness of Member States.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 9

(9) Having regard to the reform of the Dublin system, the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should provide the necessary support to the Member States, in particular by operating and managing the corrective mechanism.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 10

(10) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should assist Member States with training of experts from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum. In addition, the Agency should ensure that all experts participating in asylum support teams or forming part of the asylum intervention pool receive specialist training before their participation in operational activities organised by the Agency.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 11

(11) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should ensure a more structured and streamlined production of information on countries of origin at the level of the European Union. It is necessary for the Agency to gather information and draw up reports providing for country of origin information by making use of European networks on country of origin information so as to avoid duplication and create synergies with national reports. Furthermore, to ensure convergence in the assessment of applications for international protection and the nature and quality of protection granted, the Agency should, together with Member States, engage in and develop a common analysis providing guidance on the situation in specific countries of origin.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 12

(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX should be regularly reviewed by the Commission9. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also, at the request of the Commission, provide it with information on specific third countries which could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country, first country of asylum or European safe third country by Member States applyexpertise of the Agency for Inter-State Cooperation to Combat Illegal Immigration, it should assist the Commission in reviewing that list. __________________ 9 OJ L […]

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 13

(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law. For that purpose, the Agency should assist Member States by developing operational standards and indicators for monitoring compliance with those standards. The Agencyhe Agency for Inter-State Cooperation to Combat Illegal Immigration should also develop guidelines on asylum-related matters and should enable the exchange of best practices among Member States to promote best practices regarding the expulsion of illegal immigrants.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 14

(14) The European Union Agency for Asylum, in close cooperation with the Commission and without prejudice to the Commission's responsibility as guardian of the Treaties, should establish a mechanism to monitor and assess the implementation of the CEAS, the compliance by Member States with operational standards, guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of Member States. The monitoring and assessment should be comprehensive and should be based, in particular, on information providedAgency for Inter-State Cooperation to Combat Illegal Immigration should report its findings concerning the progress by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling. The Agency should report its findings to the Management Board which in turn should adopt the report. The Executive Director should, after consultation with the Commission, make draft recommendations to the Member State concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations managing illegal immigrants to the Management Board which in turn should adopt the report.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 15

(15) The recommendations should be followed up on the basis of an action plan prepared by the Member State concerned. If, within the set period of time, the Member State concerned does not take the necessary measures to address the recommendations, and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission should, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlining the measures needed to remedy the serious shortcomings. The Commission may need to organise on-site visits to the Member State concerned to verify the implementation of the action plan. Where necessary, the Commission should also identify the measures that should be taken by the Agency in support of that Member State. If the Member State should remain non-compliant for a certain period of time, the Commission may take further action requiring the Agency to intervene in support of that Member State.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 16

(16) To facilitate and improve the proper functioning of the CEAS and to assist Member States in implementing their obligations within the framework of CEAS, the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should provide Member States with operational and technical assistance, in particular when their asylum and receptions systems are subject to disproportionate pressure. The Agency should provide the necessary operational and technical assistance through the deployment of asylum support teams consisting of experts from the Agency's own staff, experts from Member States or experts seconded by Member States to the Agency, and based on an operational plan. Those teams should support Member States with operational and technical measures, including by providing expertise relating to identification and registration of third countries nationals, interpreting services, information on countries of origin and knowledge of the handling and management of asylum cases, as well as by assisting national authorities competent for the examination of applications for international protection and by assisting with relocationthe best ways to return them to their countries of origin . The arrangements for the asylum support teams should be governed by this Regulation in order to ensure their effective deployment.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 17

(17) In cases where a Member State's asylum and reception systems are subject to disproportionate pressure that places exceptionally heavy and urgent demands on their asylum or reception systems, the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigrants should assist that Member State upon request or on the Agency's own initiative, by means of a comprehensive set of measures, including the deployment of experts from the asylum intervention pool. To ensure the availability of those experts and their immediate deployment, the asylum intervention pool should constitute a reserve of experts from Member States amounting to a minimum of 500 persons. The Agency should itself be able to intervene in support of a Member State where despite the disproportionate pressure, the Member State concerned does not request for sufficient assistance from the Agency or the Member State does not take sufficient action to address that pressure with the consequence that the asylum and reception systems would be ineffective to the extent of jeopardising the functioning of the CEAS. A disproportionate number of applications for international protection for which a Member States is responsible may be an indication of disproportionate pressure.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 18

(18) To ensure that the asylum support teams or the experts deployed from the asylum intervention pool are able to perform their tasks effectively with the means necessary, the European Union Agency for Asylum should be able to acquire or lease its own technical equipment. This should, however, not affect the obligation of Member States to supply the necessary facilities and equipment for the Agency to be able to provide the required operational and technical assistance. Any acquisition or leasing of equipment should be subject to a thorough needs and cost/benefit analysis by the AgencyAgency for inter- State cooperation to combat illegal immigrants should be able to install its offices in one of the many official EU buildings that already exist.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 18 a (new)

18a. Reductions will have to be made to other European agencies’ staff numbers to offset the impact of creating the Agency for Inter-State Cooperation to Combat Illegal Immigration.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 19

(19) For Member States that are faced with specific and disproportionate pressure on their asylum and reception systems due, in particular, to their geographical or demographic situation, the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should support the development of solidarity within the Union and assist in ~~the~~ better ~~relocation of beneficiaries of international protection among Member States, while ensuring that asylum and reception systems are not abused~~cooperation between Member States, with regard to protection of borders and return of illegal immigrants.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 20

(20) At particular areas of the external borders where Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on increased operational and technical reinforcement by migration management support teams composed of teams of experts from Member States deployed through the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union and Europol or other relevant Union agencies, as well as experts from the staff of the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. ~~The Agency should ensure coordination of its activities in the migration management support teams with the Commission and the other relevant Union agencies.~~

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 21

(21) For the purpose of fulfilling its mission, and to the extent required for the accomplishment of its tasks, the European Union Agency for Asylum should cooperate with Union bodies, agencies and offices, in particular with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union ~~and the European Union Agency for Fundamental Rights~~, in matters covered by this Regulation in the framework of working arrangements concluded in accordance with Union law and policy. Those working arrangements should receive the Co~~mmission'~~uncil’s prior approval.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 22

(22) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should cooperate with the European Migration Network, established by Council Decision 2008/381/EC10, to ensure synergies and avoid duplication of activities. __________________ 10 Council Decision of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 23

(23) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should cooperate with international organisations, in particular the United Nations High Commissioner for Refugees (UNHCR) in matters covered by this Regulation in the framework of working arrangements so as to benefit from their expertise and support. To that end, the roles of UNHCR and the other relevant international organisations should be fully recognised and those organisations should be involved in the work of the Agency. ~~The working arrangements should receive the Commission's prior approval.~~

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 23 a (new)

23a. Such cooperation would, in particular, enable the Agency to send refugees to safe zones.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 24

(24) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should facilitate operational cooperation between Member States in matters covered by this Regulation. It should also cooperate with authorities of third-countries in the framework of working arrangements which should receive the Co~~mmission'~~uncil’s prior approval. The Agency should act in accordance with the Union's external relations policy and under no circumstances should it formulate any independent external policy. In their cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 25

(25) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should maintain a ~~close~~ dialogue with civil society with a view to exchanging information and pooling knowledge in the field of asylum. The Agency should set up a Consultative Forum which should constitute a mechanism for the exchange of information and the sharing of knowledge. The Consultative Forum should assist the Executive Director and the Management Board in matters covered by this Regulation, particularly by highlighting the dangers linked to the presence of refugees.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 26

(26) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. All activities of the European Union Agency for AsylumAll activities of the Agency for inter-State cooperation to combat illegal immigration shall be carried out in full respect of ~~these~~ fundamental rights ~~and principles~~, including the right to asylum, the protection from refoulement, the right to respect for private and family life, the right to protection of personal data and the right to an effective remedy. The rights of the child and the special needs of vulnerable persons shall always being taken into accountof the domestic population to live in security in their own home.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 27

(27) The ~~Commission and the~~ Member States should be represented on the Management Board of the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration in order to exercise a policy and political oversight over its workings. The Management Board should, where possible, consist of the operational heads of the Member States' asylum administrations or their representatives. It should be given the necessary powers, in particular to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision-making by the Agency, and appoint an Executive Director and Deputy Executive Director. The Agency should be governed and operated in line with the principles of the Common Approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the European Commission.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 28

(28) In order to ensure uniform conditions for the implementation of this Regulation, in particular as regards situations requiring urgent action at the external borders, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council11. __________________ 11 Regulation(EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 29

(29) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should be independent as regards operational and technical matters and it should enjoy legal, administrative and financial autonomy. To that end, it is necessary and appropriate that the Agency should be a body of the Union having legal personality and exercising the implementing powers conferred upon it by this Regulation.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 30

(30) In order to guarantee the autonomy of the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration, it should have its own budget, most of which comes essentially from a contribution from the Union. The financing of the Agency should be subject to an agreement by the budgetary authority as set out in point 31 of the Inter-institutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management12. The budgetary procedure of the Union should be applicable to the Union's contribution and to any grant chargeable to the general budget of the European Union. The auditing of accounts should be undertaken by the Court of Auditors. __________________ 12 OJ C 373, 20.12.2013, p. 1.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 31

(31) Any financial resources made available by the Agency for Inter-State Cooperation to Combat Illegal Immigration under the form of grants, delegated agreements or form of contract in accordance with this Regulation should not result in double financing with other national, European or international sources.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 32

(32) Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42) should apply to the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 33

(33) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council 13should apply without restriction to the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration, which should accede to the Inter-institutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office14. __________________ 13 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 14 OJ L 136, 31.5.1999, p. 15.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 34

(34) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents15 should apply to the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration. __________________ 15 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 35

(35) Any processing of personal data by the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration within the framework of this Regulation should be conducted in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council, and should respect the principles of necessity and proportionality16. The Agency may process personal data to perform its tasks of providing operational and technical assistance to Member States, to facilitate the exchange of information with Member States, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States, Europol or Eurojust, to analysing information on the situation of asylum and for administrative purposes. Any further processing of retained personal data for purposes other than those set out in this Regulation should be prohibited. __________________ 16 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 39

(39) The Agency for Inter-State Cooperation to Combat Illegal Immigration should process personal data only for the purposes of performing its tasks of providing operational and technical assistance, when carrying out case sampling for the purposes of the monitoring exercise, possibly handling applications for international protection from children or vulnerable persons, facilitating the exchange of information with Member States, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States, Europol or Eurojust and in the framework of information obtained when performing its tasks in the migration management support teams at hotspots, and for analysing information on the situation of asylum. Any processing of personal data should respect the principle of proportionality and be strictly limited to personal data necessary for these purposes.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 40

(40) Any personal data that the Agency for Inter-State Cooperation to Combat Illegal Immigration processes, except those processed for administrative purposes, should be deleted after 30 days. A longer storage period is not necessary for the purposes for which the Agency processes personal data within the framework of this Regulation.

2016/09/15
Committee: BUDG

Proposal for a regulation
Recital 42

(42) ~~Since~~In view of the objectives of this Regulation, namely the need to facilitate the implementation and improve the functioning of the CEAS, to strengthen practical cooperation and information exchange among Member States on asylum-related matters, to promote Union law and operational standards to ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, to monitor the operational and technical application of Union law and standards as regards asylumthe expulsion of refugees and to provide increased operational and technical support to Member States ~~for the management of the asylum and reception systems~~in this task, in particular to Member States subject to disproportionate pressure on their asylum and reception systems, ~~cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at the level of the Union,~~ the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

2016/09/15
Committee: BUDG

Proposal for a regulation
Chapter 1 – title

~~THE EUROPEAN UNION AGENCY FOR ASYLUM~~Agency for Inter-State Cooperation to Combat Illegal Immigration

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 1

1. The ~~European Union Agency for Asylum (the Agency) shall ensure the efficient and uniform application of Union asylum law in Member States. It~~Agency for Inter-State Cooperation to Combat Illegal Immigration (AICCII) shall facilitate the implementation and improve the functioning of the Common European Asylum System (CEAS), and it shall be responsible for enabling convergence in the assessment of applications for international protection across the Union, adopting an extremely restrictive approach.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 2

2. The A~~gency~~ICCII shall be a centre of expertise by virtue of its independence, the scientific and technical quality of the assistance it provides and the information it disseminates, the transparency of its operating procedures and methods, its diligence in performing the duties assigned to it, and the information technology support needed to fulfil its mandate.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 3

3. The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration shall be the new name for the European Asylum Support Office established by Regulation (EU) No 439/2010 of the European Parliament and of the Council. The activities of the Agency shall henceforth be based on this Regulation.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – introductory part

1. The A~~gency~~ICCII shall perform the following tasks:

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) facilitate, coordinate and strengthen practical cooperation and information exchange among Member States on various aspects of asylum, particularly expulsions of illegal immigrants;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) gather and analyse information on the situation of asylum and on the implementation of the CEAS;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) support Member States in effectively implementing the CEAS;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) assist Member States on training of experts from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum that emphasises the overriding need to expel the refugees;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point e

(e) draw up and regularly update reports and other documents providing for information on countries of origin at the level of the Union in order to bring about a better understanding of the reasons behind the migration movements and thus to be able to combat the causes of the floods of migration;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) provide effective operational and technical assistance to Member States, in particular when they are subject to disproportionate pressure onat their ~~asylum and reception system~~borders;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point h

(h) assist with the relocation or transfer of beneficiaries of international protection ~~within the Union~~outside the EU;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) establish operational standards, indicators, guidelines and best practices in regard to the implementation of all instruments of Union law on ~~asylum~~expulsions of illegal foreigners;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point l

(l) ~~monitor and~~ assess the implementation of the CEAS as well as the asylum and reception systems of Member States;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1 – point m

(m) support Member States in their cooperation with third countries in matters related to asylum, in particular as regards re~~sett~~foulement.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 2

2. The A~~gency~~ICCII shall support Member States in relation to the external dimension of the CEAS. In this regard, and in agreement with the Commission, the A~~gency~~ICCII shall coordinate the exchange of information and other action taken on issues arising from the implementation of instruments and mechanisms relating to the external dimension of the CEAS.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 3

3. The A~~gency~~ICCII may engage in communication activities on its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraphs 1 and 2, and shall be carried out in accordance with the relevant communication and dissemination plans adopted by the Management Board.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 3 a (new)

3a. Specifically, it may communicate regarding the need to expel refugees whose presence is posing a disproportionate risk to the citizens of Member States;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1

1. The A~~gency~~ICCII and the Member States' asylum authorities, national immigration and asylum services and other national services shall be ~~subject to a duty~~encouraged to cooperate in good faith ~~and an obligation to exchange information~~.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 2

2. The A~~gency~~ICCII shall work closely with the Member States' asylum authorities, with national immigration and asylum services and other national services ~~and with the Commission~~. The A~~gency~~ICCII shall carry out its duties without prejudice to those assigned to other relevant bodies of the Union and shall work closely with those bodies and with the United Nations High Commissioner for Refugees (UNHCR).

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 3

3. The A~~gency~~ICCII shall organise, promote and coordinate activities enabling the exchange of information among Member States, including through the establishment of networks as appropriate. For those purposes, the A~~gency~~ICCII and the Member States' asylum authorities, national immigration and asylum services and other national services shall share, in a timely and accurate manner, all necessary information.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1

1. The A~~gency~~ICCII shall gather and analyse information on the situation of asylum in the Union and third countries insofar as this may have an impact on the Union, including up-to-date information on root causes, migratory and refugee flows as well as on any sudden arrivals of large numbers of third-country nationals which may cause disproportionate pressure on asylum and reception systems, with a view to foster quick and reliable mutual information to the Member States and to identify possible risks to the Member States' asylum systems.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1

The A~~gency~~ICCII shall base its analysis on information provided, in particular, by Member States, relevant Union institutions and agencies, the European External Action Service as well as UNHCR and other international organisations.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2

For this purpose, the A~~gency~~ICCII shall work in close collaboration with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States, and shall, in particular, rely on the risk analysis carried out by that Agency so as to ensure the highest level of consistency and convergence in the information provided by both Agencies.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 3

3. The A~~gency~~ICCII shall ensure the rapid exchange of relevant information amongst Member States and with the Commission. It shall also submit, in a timely and accurate manner, the results of its analysis to the Management Board.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1

1. The A~~gency~~ICCII shall organise, coordinate and promote the exchange of information among ~~Member States and between the Commission and~~ the Member States concerning the implementation of all instruments of Union law on asylum.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 2

2. The A~~gency~~ICCII shall create factual, legal and case law databases on the application and interpretation of Union, national and international asylum instruments making use, in particular, of existing arrangements. No personal data shall be stored in such databases, unless such data has been obtained by the Agency from documents that are publicly accessible.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. In particular, the A~~gency~~ICCII shall gather information on the following:

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 3 – point c

~~(c) relevant case-law of the Court of Justice of the European Union and of the European Court of Human Rights.~~deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 1

The A~~gency~~ICCII shall perform its tasks and obligations as set out in Regulation (EU) No XXX/XXX20. __________________ 20OJ L […] 20 OJ L […]

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 1

1. The A~~gency~~ICCII shall establish and develop training for members of its own staff, members of all national administrations, courts and tribunals, and national services responsible for asylum matters in the Member States.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 2

2. The A~~gency~~ICCII shall develop such training in close cooperation with Member States and, in cooperation with appropriate training entities in the Member States, including academic institutions and other relevant organisations.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 3

3. The A~~gency~~ICCII shall develop general, specific or thematic training tools, which may include ‘train-the-trainers’ methodology and e-learning.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 4

4. The A~~gency~~ICCII shall establish and develop a European asylum curriculum taking into account the Union's existing cooperation in that field. Member States shall integrate the common core curriculum in the training of staff of national services and authorities responsible for asylum matters pursuant to their obligation under Article 4(3) of Directive 2013/32/EU of the European Parliament and of the Council21 to ensure proper training of their staff. __________________ 21 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) (OJ L 180, 29.6.2013, p. 60).

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 5 – point a

(a) international and Union fundamental rights standards, ~~and in particular the provisions of the Charter of Fundamental Rights of the European Union,~~ as well as international and Union law on asylum, including specific legal and case law issues;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 5 – point b

(b) issues related to the handling of applications for international protection, in particular those from vulnerable persons with specific needs and children, including as regards the best interests of the child assessment, specific procedural safeguards such as respect of the child's right to be heard and child protection aspects such as age-assessment techniquesw they may be processed swiftly and in an automated fashion;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 5 – point c

(c) interview techniques, including ~~special attention given to children, vulnerable groups and victims of torture~~ways to detect lies by refugees inventing stories of persecution to profit from the asylum system;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 5 – point g

~~(g) reception conditions, including special attention given to unaccompanied children and children with their families, vulnerable groups and victims of torture.~~deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 7

7. The A~~gency~~ICCII shall take the necessary initiatives to ensure that the experts who participate in the asylum support teams and the asylum intervention pool, have received specialist training relevant to their duties and functions prior to their participation in the operational activities organised by the A~~gency~~ICCII. The A~~gency~~ICCII shall conduct regular exercises with those experts in accordance with the specialist training and exercise schedule referred to in its annual work programme.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 8

8. The A~~gency~~ICCII may organise training activities in cooperation with Member States or third countries on their territory.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 8 – paragraph 1

1. The A~~gency~~ICCII shall be a centre for gathering relevant, reliable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific information and targeted information on persons belonging to vulnerable groups. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues specific to countries of origin.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 8 – paragraph 2 – introductory part

2. The A~~gency~~ICCII shall, in particular:

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1

1. The A~~gency~~ICCII shall ensure the coordination of national initiatives producing country of origin information by establishing and managing networks among Member States on country of origin information.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 1

1. To foster convergence in applying the assessment criteria established in Directive 2011/95/EU of the European Parliament and of the Council22, the A~~gency~~ICCII shall coordinate efforts among Member States to engage in and develop a common analysis providing guidance on the situation in specific countries of origin. __________________ 22 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 (recast) (OJ L 337, 20.12.2011, p. 9).

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 2

2. The Executive Director shall~~, after consulting the Commission,~~ submit that common analysis to the Management Board for endorsement. Member States shall be ~~requir~~invited to take that common analysis into account when examining applications for international protection, without prejudice to their competence for deciding on individual applications.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 3

3. The A~~gency~~ICCII shall ensure that the common analysis is kept constantly under review and updated to the extent necessary. Any such revision shall likewise require ~~prior consultation of the Commission and~~ endorsement by the Management Board.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 4 – introductory part

4. The Member States shall, on a monthly basis, submit to the A~~gency~~ICCII relevant information on the decisions taken in relation to applicants for international protection originating from third countries subject to the common analysis. That information shall, in particular, include:

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 11

Designation of safe countries of origin and safe third countries 1. Commission in regularly reviewing the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX, including those that have been suspended by the Commission and those that have been removed from that list. 2. the Commission, provide it with information on specific third countries which could be considered for inclusion in the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX. 3. accordance with Articles 37(4), 38(5) and 39(7) of Directive 2013/32/EU, Member StatesArticle 11 deleted The Agency shall assist the The Agency shall, also inform the Agency of the third countries which are designated as safe countries of origin or safe third countries or to which the concepts of first country of asylum, safe third country, or European safe third country is applied pursuant to Articles 35, 38 and 39 of Directive 2013/32/EU, respectively. The Commission may request the Agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that Directive are respected.t the request of When notifying the Commission in

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 1

1. The Agency shall assist the Commission in regularly reviewing the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX, including those that have been suspended by the Commission and those that have been removed from that list.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 2

2. The Agency shall, at the request of the Commission, provide it with information on specific third countries which could be considered for inclusion in the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1

When notifying the Commission in accordance with Articles 37(4), 38(5) and 39(7) of Directive 2013/32/EU, Member States shall also inform the Agency of the third countries which are designated as safe countries of origin or safe third countries or to which the concepts of first country of asylum, safe third country, or European safe third country is applied pursuant to Articles 35, 38 and 39 of Directive 2013/32/EU, respectively.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2

The Commission may request the Agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that Directive are respecdeleted.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1

1. The A~~gency~~ICCII shall organise and coordinate activities promoting a correct and effective implementation of Union law, including through the development of operational standards, indicators, guidelines or best practices on asylum- related matters, and the exchange of best practices in asylum-related matters among Member States.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 2

2. The A~~gency~~ICCII shall, on its own initiative or at the request of the Commission, and in consultation with the Commission, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States develop operational standards on the implementation of the instruments of Union law on asylum.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 3

3. The A~~gency~~ICCII shall, at the request of Member States, assist them to apply the operational standards, guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. The A~~gency, in close cooperation with the Commission,~~ICCII shall establish a mechanism to:

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) ~~monitor the implementation and~~ assess all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by Member States~~, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons~~;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctly.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

The A~~gency~~ICCII may, in particular, base its assessment on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2

For that purpose, Member States shall, at the request of the A~~gency~~ICCII, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. ~~The Member States shall also cooperate with the Agency and shall facilitate any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.~~

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 3

3. The Agency shall assess the readiness of Member States to meet challenges from possible disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure and shall assist Member States to prepare and review their contingency planning, where necessary.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14

~~[...]~~deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 1

1. The Management Board shall, in consultation with the Commission, set the programme for monitoring and assessing the asylum and reception systems in each Member State, or of all Member States on the basis of thematic or specific aspects of the asylum systems. That programme shall form part of the multi-annual and annual programming referred to in Article 41. The multi-annual programming shall list the Member States whose asylum and reception systems shall be monitored each year, ensuring that each Member State shall be monitored at least once in every five-year period. The annual work programme shall list the Member States to be monitored the following year in accordance with the multi-annual programming and the thematic assessments. It shall include an indication of what the monitoring shall consist of and a schedule for any on-site visits. The annual work programme may be adapted if necessary in accordance with Article 41. The Agency may initiate a monitoring exercise for the assessment of the asylum or reception systems of a Member State on its own initiative or at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State's asylum or reception systems.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

The Management Board shall, in consultation with the Commission, set the programme for monitoring and assessing the asylum and reception systems in each Member State, or of all Member States on the basis of thematic or specific aspects of the asylum systems. That programme shall form part of the multi-annual and annual programming referred to in Article 41.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2

The multi-annual programming shall list the Member States whose asylum and reception systems shall be monitored each year, ensuring that each Member State shall be monitored at least once in every five-year period.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3

The annual work programme shall list the Member States to be monitored the following year in accordance with the multi-annual programming and the thematic assessments. It shall include an indication of what the monitoring shall consist of and a schedule for any on-site visits.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 4

~~The annual work programme may be adapted if necessary in accordance with Article 41.~~deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5

The Agency may initiate a monitoring exercise for the assessment of the asylum or reception systems of a Member State on its own initiative or at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State's asylum or reception systems.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2

2. The Agency shall set up teams of experts for each monitoring exercise, including for the on-site visits as necessary. The teams of experts shall be composed of experts from the Agency's own staff and Commission representatives. The team of experts shall be responsible for drawing up a report based on the findings of on-site visits and information provided by Member States.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 3

3. The Executive Director shall transmit the draft report of the team of experts to the Member State concerned, which shall provide its comments on that draft report. The Executive Director shall then submit the draft report, taking into account the comments of the Member State concerned, to the Management Board. The Management Board shall adopt the monitoring report and transmit it to the Commission.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 4

4. The Executive Director, after consultation with the Commission, shall submit draft recommendations to the Member State concerned outlining the necessary measures to address shortcomings identified in the monitoring report. The Member State concerned shall be given one month to comment on the draft recommendations. After giving consideration to those comments, the Management Board shall adopt the recommendations and it shall invite the Member State concerned to draw up an action plan outlining the measures to remedy any shortcomings.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 5

5. The Member State concerned shall provide the Agency with an action plan within one month from adoption of the recommendations referred to in paragraph 4. That Member State shall report to the Agency on the implementation of the action plan within three months from the adoption of the recommendations and shall thereafter continue to report every month for a maximum of six months.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 6

~~6. The Agency shall inform the Commission on a regular basis of the implementation of the action plan.~~deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 15

~~1. in~~ Article 14(5), the Member State concerned has not fully implemented the action plan and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission shall, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlin5 deleted Follow-up and monitoring tWhe measures needed to remedy the serious shortcomings, and where necessary setting out the measures to be taken by the Agency to support that Member State. 2. account the seriousness of the shortcomings identified, organise on-site visits to the Member State concerned to verify the implementation of the action plan. 3. report to the Commission on the implementation of the recommendations referred to in paragraph 1 within the time-limit set in those recommendations. If after that time-limit, the Commission is not satisfied that the Member State has fully complied with those recommendations, it may take further action in accordance with Article 22(3). 4. The Commission shall inform the European Parliament and the Council on a regular basis about the progress made by the Member State concerned.re, after the period referred to The Commission may, taking into The Member State concerned shall

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 15 – paragraph 1

1. Where, after the period referred to in Article 14(5), the Member State concerned has not fully implemented the action plan and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission shall, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlining the measures needed to remedy the serious shortcomings, and where necessary setting out the measures to be taken by the Agency to support that Member State.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 15 – paragraph 2

~~2. The Commission may, taking into account the seriousness of the shortcomings identified, organise on-site visits to the Member State concerned to verify the implementation of the action plan.~~deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 15 – paragraph 3

3. The Member State concerned shall report to the Commission on the implementation of the recommendations referred to in paragraph 1 within the time-limit set in those recommendations. If after that time-limit, the Commission is not satisfied that the Member State has fully complied with those recommendations, it may take further action in accordance with Article 22(3).deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 15 – paragraph 4

~~4. The Commission shall inform the European Parliament and the Council on a regular basis about the progress made by the Member State concerned.~~deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 16 – title

Operational and technical assistance by the A~~gency~~ICCII

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 1

1. Member States may request the A~~gency~~ICCII for assistance in implementing their obligations with regard to asylum, in particular when their asylum and reception systems are subject to disproportionate pressure.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 2

2. Member States shall submit a request for assistance to the Executive Director describing the situation and the purpose of the request. The request shall be accompanied by a detailed assessment of needs. The Executive Director shall evaluate, approve and coordinate requests for assistance. Each shall be subject to a thorough and reliable assessment enabling the A~~gency~~ICCII to identify and propose a set of measures as referred to in paragraph 3 that can meet the needs of the Member State concerned.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 3 – introductory part

3. The A~~gency~~ICCII shall organise and coordinate, for a limited period of time, one or more of following operational and technical measures:

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 4

4. The A~~gency~~ICCII shall finance or co- finance the activities set out in paragraph 3 from its budget in accordance with the financial rules applicable to the Agency.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 5

5. The Executive Director shall evaluate the result of the operational and technical measures and shall transmit detailed evaluation reports to the Management Board within 60 days from the end of those measures. The A~~gency~~ICCII shall make a comprehensive comparative analysis of those results which shall be included in the annual activity report referred to in Article 65.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 17 – paragraph 1

1. The A~~gency~~ICCII shall deploy asylum support teams to Member States to provide operational and technical assistance in accordance with Article 16.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 17 – paragraph 2

2. The asylum support teams shall consist of experts from the A~~gency'~~ICCII’s own staff, experts from Member States or experts seconded by Member States to the A~~gency~~ICCII.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 17 – paragraph 5

5. ~~As part of the asylum support teams, the Agency~~The AICCII shall set up a list of interpreters. Member States shall assist the A~~gency~~ICCII in identifying interpreters for the list of interpreters. Member States may choose either to deploy the interpreters or to make them available by video- conferencing.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 17 – paragraph 6

6. The contribution by Member States as regards their own experts or experts seconded to the A~~gency~~ICCII for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the A~~gency~~ICCII and the Member States. In accordance with those agreements, Member States shall make the experts immediately available for deployment unless they are faced with an exceptional situation substantially affecting the discharge of national tasks.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 17 – paragraph 8

8. The A~~gency~~ICCII shall contribute to the asylum support teams with experts from its own staff employed specifically for field work and interpreters.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 18 – paragraph 1

1. For the purposes of Article 22, the Management Board shall, on a proposal of the Executive Director, set up an asylum intervention pool which shall constitute a reserve of experts placed at the immediate disposal of the A~~gency~~ICCII. For that purpose, Member States shall, on a yearly basis, make available to the A~~gency~~ICCII a number of experts of not less than 500 persons.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 1

1. The Executive Director and the host Member State shall agree on an operational plan. The operational plan shall be binding on the A~~gency~~ICCII, the host and participating Member States.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 4

4. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State. The A~~gency~~ICCII shall immediately send a copy of the amended or adapted operational plan to the participating Member States.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 20 – paragraph 1

1. If necessary, the Executive Director may send experts from the A~~gency~~ICCII to assess the situation in the Member State requesting assistance. The Executive Director shall immediately notify the Management Board of any request for deployment of asylum support teams.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 1

1. Where a Member State requests operational and technical reinforcement by migration management support teams as referred to in Article 17 of Regulation No XXX/XXX or where migration management support teams are deployed at hotspot areas as referred to in Article 18 of Regulation No XXX/XXX, the Executive Director shall ensure coordination of the A~~gency'~~ICCII’s activities in the migration management support teams with the Commission and with other relevant Union agencies, in particular, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 2 – point c

~~(c) the provision of information on asylum procedures, including relocation and specific assistance to applicants or potential applicants that could be subject to relocation.~~deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)

(ca) the return of refugees to their countries of origin.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 1

1. Where the asylum and reception systems of a Member State are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems, the A~~gency~~ICCII shall, at the request of the Member State concerned or on its own initiative, organise and coordinate a comprehensive set of operational and technical measures as referred to in Article 16 and deploy experts from the asylum intervention pool referred to in Article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 3

3. Where in the event of disproportionate pressure on the asylum or reception systems a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure, or where it does not comply with the Commission's recommendations referred to in Article 15(3), thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the CEAS, the Commission may adopt a decision by means of an implementing act, identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 4

4. For the purposes of paragraph 3, the Executive Director shall, within two working days from the date of adoption of the Commission decision, determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision. In parallel, the Executive Director and the Member State concerned shall agree on the operational plan.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 5

5. The Agency shall, without delay and in any case within three working days from date of establishment of the operational plan, deploy the necessary experts from the asylum intervention pool, as well as experts from its own staff. Where necessary, the deployment of experts from the asylum intervention pool shall be immediately complemented by asylum support teams.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 5

5. The A~~gency~~ICCII shall, without delay and in any case within three working days from date of establishment of the operational plan, deploy the necessary experts from the asylum intervention pool, as well as experts from its own staff. Where necessary, the deployment of experts from the asylum intervention pool shall be immediately complemented by asylum support teams.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 6

6. The Member State concerned shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan.deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 7

~~7. The Member States shall make available the experts from the asylum intervention pool as determined by the Executive Director.~~deleted

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 23 – paragraph 1

1. Without prejudice to the obligation of Member States to supply the necessary facilities and equipment for the A~~gency~~ICCII to be able to provide the required operational and technical assistance, the A~~gency~~ICCII may deploy its own equipment to Member States to the extent that this may be needed by the asylum support teams or the experts from the asylum intervention pool and insofar as this may complement equipment already made available by the Member States or other Union agencies.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 23 – paragraph 2

2. The A~~gency~~ICCII may acquire or lease technical equipment by decision of the Executive Director, in consultation with the Management Board. Any acquisition or leasing of equipment shall be preceded by a thorough needs and cost/benefit analysis. Any such expenditure shall be provided for in the Agency's budget as adopted by the Management Board and in accordance with the financial rules applicable to the A~~gency~~ICCII.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 1

Each Member State shall appoint a national contact point for communication with the A~~gency~~ICCII on all matters relating to the operational and technical assistance referred to in Articles 16 and 22.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 25 – title

Coordinating officer of the A~~gency~~ICCII

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 1

1. The A~~gency~~ICCII shall ensure the operational implementation of all the organisational aspects, including the presence of staff members of the Agency, deployment of asylum support teams or experts from the asylum intervention pool throughout the provision of operational and technical assistance referred to in Articles 16 and 22.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 2

2. The Executive Director shall appoint one or more experts from the staff of the A~~gency~~ICCII to act or to be deployed as a coordinating officer for the purposes of paragraph 1. The Executive Director shall notify the host Member State of such designations.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 3 – point a

(a) act as an interface between the A~~gency~~ICCII, the host Member State and experts of the asylum support teams or experts from the asylum intervention pool, providing assistance, on behalf of the A~~gency~~ICCII, on all issues relating to their conditions of deployment;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 3 – point c

(c) act on behalf of the A~~gency~~ICCII on all aspects of the deployment of the asylum support teams or the experts from the asylum intervention pool and report to the A~~gency~~ICCII on all those aspects;

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 2

2. Where such damage is caused by gross negligence or wilful misconduct, the host Member State may address the home Member State or the A~~gency~~ICCII to obtain any sums it has paid to the victims or persons entitled on their behalf from the home Member State or the Agency.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 4

4. Any dispute between Member States or with the A~~gency~~ICCII relating to the application of paragraphs 2 and 3 of this Article which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 of the Treaty.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 5

5. Without prejudice to the exercise of its rights vis-à-vis third parties, the A~~gency~~ICCII shall meet costs relating to damage caused to the A~~gency~~ICCII's equipment during deployment, except in cases of gross negligence or wilful misconduct.

2016/09/15
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 1 – introductory part

1. The A~~gency~~ICCII shall meet the costs incurred by Member States when they make their experts available for deployment to asylum support teams or as part of the asylum intervention pool, in particular:

2016/09/15
Committee: BUDG