[ParlTrack]

Proposal for a regulation
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The European Parliament rejects the Commission proposal.

2017/05/03
Committee: LIBE

Proposal for a regulation
Recital 1 a (new)

(1a) In the 2016 Hungarian migrant quota referendum an overwhelming majority (98.36%) voted against obligatory resettlement of non-Hungarian citizens into Hungary;

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 1 b (new)

(1b) The enforcement of mandatory immigration quotas upon the Member States is not only a highly controversial and contentious issue but an affront to the sovereignty of the Member States; this issue should be based on voluntary acceptance rather than mandated by the Union; each Member State should decide which and how many refugees it will take; therefore the proposal shall be appropriately revised so as to be voluntary rather mandatory;

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 9

(9) ~~Such a~~A mandatory framework is a n unnecessary part of a ~~well~~poorly-managed migration policy to reduce divergences among national resettlement practices and procedures, provide for the legal and safe arrival to the territory of the Member States of third-country nationals and stateless persons in need of international protection, help reduce the risk of a large- scale irregular inflow of third-country nationals and stateless persons to the territory of the Member States and thereby reducing the pressure of spontaneous arrivals on the Member States' asylum systems, be an expression of solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, help achieve Union's foreign policy objectives by increasing the Union's leverage vis-à-vis third countries, and effectively contribute to global resettlement initiatives through speaking with one voice in international fora and with third countrienforce harmonisation among national resettlement practices and procedures.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 10

(10) In order to help reduce the risk of a large-scale irregular inflow of third- country nationals and stateless persons to the territory of the Member States, show solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, and help achieve the Union's foreign policy objectives, the regions or third countries from which resettlement is to occur should fit in a tailored engagement with third countries to better manage migration as foreseen in the Commission's Communication of 7 June 2016 on Establishing a new Partnership Framework with third countries under the European Agenda on Migration32 . _________________ 32deleted COM(2016) 377 final.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 11

(11) In order to reduce divergences among the national resettlement practices and procedures, common standard procedures and common eligibility criteria and exclusion grounds for the selection should be laid down, as well as a common protection status to be granted to resettled persons.deleted

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 15

(15) An expedited procedure should be established with the same level of security checks as in the ordinary procedure. However, in the expedited procedure, the assessment of the international protection needs of third-country nationals or stateless persons should be limited to an assessment of their eligibility for subsidiary protection without assessing their qualification for refugee status.deleted

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 16

(16) The resettlement procedure should be concluded as soon as possible in order to discourage persons in need of international protection to use irregular ways to enter the European Union to seek protection. At the same time it should ensure that participating Member States have sufficient time for a full and adequate examination of each case. The time-limits should correspond to what is necessary to make the different types of assessment foreseen for the ordinary ~~and expedited~~ procedure.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 17

(17) Any personal data collected for the purpose of the resettlement procedure should be stored for a maximum period of five years from the date of resettlement. Given that third-country nationals or stateless persons who have already been resettled by one Member State or who during the last five years refused to resettle to a Member State should be excluded from resettlement to another Member State, that period should be considered a necessary period for the storage of personal details, including fingerprints and facial imagesduration in accordance with the laws, regulations and interests of the voluntary host Member State.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 18

(18) The choice of the resettlement procedure should be made for each targeted Union resettlement scheme. An expedited procedure might be warranted on humanitarian grounds or in case of urgent legal or physical protection needs.deleted

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 20

(20) In order to allow for supplementing the rules which govern the procedure to be applied in targeted Union resettlement schemes, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to adapt the procedure to the circumstances in the third country from which resettlement takes place such as determining that third country’s role in the procedure. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201633 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 33 OJ L123, 12.05.2016, p. 1.deleted

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 21

(21) ~~In order to ensure uniform conditions for the implementation of the Union Resettlement Framework,~~ implementing powers should be conferred on the Council for establishing the annual Union resettlement plan, ~~fix~~recommending the maximum total number of persons to be resettled, the details about the participation of those Member States inwho accept the plan and their voluntary contributions to the total number of persons to be resettled, as well as overall geographical priorities.

2017/05/03
Committee: LIBE

Beatrix von STORCH

(23) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, the Commission should be empowered to establish targeted Union resettlement schemes laying down the precise number out of the total number of persons to be resettled and participation of the Member State, consistent with the annual Union Resettlement plan. Those powers should be exercised in accordance with 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 the Member States of the Commission’s exercise of implementing powers34 . The examination procedure should be used for establishing targeted Union resettlement schemes given that those schemes have substantial implications. The Commission should aim to establish targeted Union resettlement schemes as soon as possible after the adoption of the annual Union resettlement plan and whenever necessary during the period covered by the annual Union resettlement plan. The Commission should take into account the discussions within the High-Level Resettlement Committee. _________________ 34 OJ L 55, 28.2.2011, p. 13.deleted

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 25

(25) Resettled persons should be granted international protection. Accordingly, the provisions on the content of international protection contained in the asylum acquis should apply as of the moment when resettled persons arrive on the territory of the participating Member States, including the rules to discourage secondary movement of beneficiaries of international protection.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 26

(26) In line with the Commission proposal for a Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast)35 , in order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to a Member State should be added to the number of applications for international protection for the purpose of calculating the corrective allocation mechanism proposed by the Commission. _________________ 35deleted COM(2016) 270 final.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 27

(27) Given the expertise of UNHCR in facilitating the different forms of admission of persons in need of international protection from third countries, to which they have been displaced, to participating Member States willing to admit them, UNHCR should continue to play a key role in resettlement efforts conducted under the Union Resettlement Framework. In addition to UNHCR, other international actors such as the International Organisation for Migration (IOM) should be called upon to assist participating Member States in the implementation of the Union Resettlement Framework.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 28

(28) [The European Union Agency for Asylum] should assist ~~Member States~~those participating Member State who request its assistance in the implementation of Union Resettlement Framework in accordance with its mandate.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 30

(30) Resettlement efforts by the participating Member States under this Regulation should be supported by appropriate funding from the Union's budget. To enable a proper and sustainable functioning of the resettlement schemes amendments are necessary to Regulation (EU) No 516/2014 of the European Parliament and of the Council36 . _________________ 36 Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (OJ L 150, 20.05.2014, p. 168).

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 31

(31) This Regulation does not affect the ability of the Member States to adopt or implement national resettlement schemes, which do not jeopardise the attainment of the Union’s objectives under this Regulation, for example where they contribute an additional number of resettlement places to targeted Unboth the participating and non- participating Member States to adopt or implement national resettlement schemes ~~established under this Regulation going beyond their contribution to the maximum number of persons to be resettled under the annual Union resettlement plan~~.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 34

(34) Any processing of personal data by the authorities of the participating Member States within the framework of this Regulation should be conducted in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 1 – paragraph 1

This Regulation establishes a Union Resettlement Framework for the admission of third-country nationals and stateless persons to the territory of the participating Member States with a view to granting them international protection.

2017/05/03
Committee: LIBE

Beatrix von STORCH

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 participating Member States with a view to granting them international protection.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 2 – paragraph 1 a (new)

For the purposes of this Regulation 'participating Member States' refers to those Member States who have consented to participate voluntarily in the Union Resettlement Framework.

2017/05/03
Committee: LIBE

Beatrix von STORCH

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

2017/05/03
Committee: LIBE

Beatrix von STORCH

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

(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 participating Member States;

2017/05/03
Committee: LIBE

Beatrix von STORCH

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

(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;deleted

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 5 – paragraph 1 – point b – introductory part

(b) third-country nationals and stateless persons who fall within at least one of the following categories and meet the criteria set out in point (a) of the first subparagraph:

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6

~~– persons with socio-economic vulnerability;~~deleted

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – indent 4

~~– the sibling or siblings of the third- country nationals or stateless persons to be resettl~~deleted;

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 5 – paragraph 2

Participating Member States ~~shall~~may ensure that family unity can be maintained between persons referred to in point (b)(ii).

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 6 – paragraph 1 – point a – point ii

(ii) they have committed a ~~serious~~ crime;

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) details about the participation of the participating Member States in the annual Union resettlement plan and their contributions to the total number of persons to be resettled;

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 8 – paragraph 2 – point b

(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 participating Member States in the targeted Union resettlement scheme;

2017/05/03
Committee: LIBE

Beatrix von STORCH

(d) where necessary, local coordination and practical cooperation arrangements among participating 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;

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 8 – paragraph 2 – point f

(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;deleted

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

When implementing a targeted Union resettlement scheme, participating 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.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – introductory part

Member States may give preference inter alia to third-country nationals or stateless persons ~~with~~in line with their own interests, values, and laws:

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – introductory part

Participating Member States may give preference inter alia to third-country nationals or stateless persons with:

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 2 – introductory part

2. After identifying third-country nationals or stateless persons, participating Member States shall register the following information of those for whom they intend to conduct the resettlement procedure:

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1

Participating Member States shall assess whether the third-country nationals or the stateless persons referred to in paragraph 2 meet the eligibility criteria set out in Article 5 and whether they are not excluded in accordance with Article 6(1).

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2

Participating Member States shall make that assessment in particular on the basis of documentary evidence, including, where applicable, information from UNHCR on whether the third-country nationals or the stateless persons qualify as refugees or on the basis of a personal interview or a combination of both.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 4

4. Participating Member States shall take a decision on the resettlement of third- country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than eight months from their registration. Participating Member States may extend that time-limit of eight months by a period of not more than four months, where complex issues of fact or law are involved.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1

~~Member States shall~~Participating Member States are advised to store the data referred to in paragraphs 2 to 4 for five years from the date of resettlement.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2

Upon expiry of that period, participating Member States ~~shall~~may erase the data. Participating Member States shall erase data relating to a person who has acquired citizenship of any Member State before the expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 8 – introductory part

8. For the purpose of implementing the ordinary procedure, prior to identifying third-country nationals or stateless persons, participating Member States may request UNHCR, or where applicable, [the European Union Agency for Asylum] or relevant international bodies to refer to them third- country nationals or stateless persons in relation to whom those entities have fully assessed:

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 8 – point b – paragraph 2

Participating Member States may also request UNHCR to fully assess whether third-country nationals or stateless persons referred to them by UNHCR qualify as refugees within the meaning of Article 1 of the 1951 Geneva Convention.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 10 – paragraph 8 – point b – paragraph 3

Participating Member States may also request that inter alia the criteria set out in points (a) to (c) of paragraph 1 be taken into account.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 11

Where the Commission implementing act adopting a targeted Union resettlement scheme provides for an expedited procedure, and by way of derogation from Article 10, Member States: (1) country nationals or the stateless persons meet the requirements referred to in point (a)(i) of Article 5; (2) whether the third-country nationals or the stateless persons qualify as refugees within the meaning of Article 1 of the 1951 Geneva Convention; (3) resettlement as soon as possible and not later than four months from a third- country national's registration referred to in Article 10(2); the Member States may extend that time-limit of four months by a period of not more than two months, where complex issues of fact or law are involved. (4) nationals or the stateless persons concerned subsidiary protection status. The subsidiary protection status granted on the basis of point (4) shall be considered to have been terminated where a final decision has been taken on an application for international protection made by the beneficiary of that status.Article 11 deleted Expedited procedure shall not assess whether the third- shall not require UNHCR to assess shall take a decision on shall grant the third-country

2017/05/03
Committee: LIBE

Beatrix von STORCH

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

(3) shall take a decision on resettlement as soon as possible and not later than four months from a third-country national's registration referred to in Article 10(2); the participating Member States may extend that time-limit of four months by a period of not more than two months, where complex issues of fact or law are involved.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 12 – paragraph 1

1. To facilitate the implementation of the targeted Union resettlement schemes, participating Member States shall appoint national contact points and may decide to appoint liaison officers in third countries.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 12 – paragraph 2

2. [The European Union Agency for Asylum] may support ~~Member States~~participating Member States that request it, including by coordinating technical cooperation between them, assisting them in the implementation of targeted Union resettlement schemes and facilitating the sharing of infrastructure in accordance with [Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation)39 ]. _________________ 39 OJ L […], […], p. […].

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 12 – paragraph 3

3. To implement targeted Union resettlement schemes, and in particular to conduct pre-departure orientation programmes, fit-to-travel medical checks, travel arrangements and other practical arrangements, participating Member States may be assisted by partners in accordance with local coordination and practical cooperation arrangements for targeted Union resettlement schemes established in accordance with point (d) of Article 8(2).

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 13 – paragraph 1

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 participating 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.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 13 – paragraph 2

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 participating Member State and shall meet at least once a year.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 14 – paragraph 4

4. Before adopting a delegated act, the Commission shall consult experts designated by each participating Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201640 . _________________ 40 OJ L 123, 12.5.2016, p. 1.

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 17 – paragraph 1 – point 3

Regulation (EU) No 516/2014
Article 17

1. In addition to their allocation calculated in accordance with point (a) of Article 15(1), Member States shall receive for each resettled person in accordance with a targeted Union resettlement scheme a lump sum of EUR 10,000.deleted

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 17 – paragraph 1 – point 3

Regulation (EU) No 516/2014
Article 17

2. The amount referred to in paragraph 1 shall be allocated to the Member States in the individual financing decisions approving their revised national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) 514/2014.deleted

2017/05/03
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 17 – paragraph 1 – point 3

Regulation (EU) No 516/2014
Article 17

3. Each Member States to whom an amount referred to in paragraph 1 has been allocated shall include in the annual accounts provided for in Article 39 the number of persons qualifying for the amount. Transfers of this amount to other actions under the national programme shall not be possible unless explicitly approved by the Commission through a revision of the national programme.deleted

2017/05/03
Committee: LIBE

58 Amendments of Beatrix von STORCH related to 2016/0225(COD)

ParlTrack - 2011-2024