BETA

56 Amendments of Laura FERRARA related to 2020/0279(COD)

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 12

(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ~~‘solidarity pool’ for the~~ relocation of vulnerable persons.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 16

(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, an automatic solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide ~~for different types of solidarity measure~~primarily for the relocation of asylum applicants and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member State.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 17

(17) Given the need to ensure the smooth functioning of the solidarity mechanism established in this Regulation, a Solidarity Forum comprising the representatives of all Member States should be established and convened by the Commission.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 18

(18) ~~Given the specific characteristics of~~The solidarity mechanism should also apply to disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration~~, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure~~.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 19

(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing ~~a pool of~~ solidarity measures ~~(‘the solidarity pool’)~~ with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure orand measures in the field of strengthening of capacity in the field of asylum, reception and return, orand operational support, orand measures in the external dimension.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 22

(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorship.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 23

(23) In order to ensure that support measures are available at all times to address the specific situation of disembarkations from search and rescue operations, where the number of disembarkations following search and rescue operation have reached 80% of the solidarity pools for one or more of the benefitting Member States, the Commission should adopt amended implementing acts increasing the total number of contributions by 50%.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 24

(24) The solidarity mechanism should also address situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 25

(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 26

(26) Only persons who are more likely to have a right to stay in the Union should be relocated. Therefore, the scope of relocation of applicants for international protection should be limited to those who are not subject to the border procedure set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation].deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 27

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039. Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 28

(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be shared proportionately among the other Member States taking such measures.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 29

(29) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, ~~contributing~~the other Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship. Such contributions may not replace contributions to relocation.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 30

(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the contributions to be made by each Member State. Such contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 31

(31) A distribution key based on the size of the population and of the economy of the Member States should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Recital 51

(51) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly orit is also necessary to include the situation when the person enters the territory following a search and rescue operation. In such a situation, the Member State of relocation should be responsible if the person applies for international protection.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 8 – paragraph 2

2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1

Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III ~~or to the first Member State with which the application was registered~~, that Member State shall become the Member State responsible.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 9 – paragraph 1

1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State ~~of first~~ where the applicant is presentry.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 14 – paragraph 2 a (new)

2a. When it is not possible to determine the Member State responsible on the basis of the other criteria set out in this Chapter, the Member State responsible shall be determined on the basis of the automatic solidarity mechanism set out in Chapter I of Part IV.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 21

1. basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 3 years after the date on which that border crossing took place. 2. shall also apply where the applicant was disembarked on the territory following a search and rescue operation. 3. if it can be established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that the applicant was relocated pursuant to Article 57 of this Regulation to another Member State after having crossed the border. In that case, that other Member State shall be responsible for examining the application for international protection.Article 21 deleted Entry Where it is established, on the The rule set out in paragraph 1 Paragraphs 1 and 2 shall not apply

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 29 – paragraph 1 – introductory part

1. If a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within twohree months of the date on which the application was registered, request that other Member State to take charge of the applicant.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1

Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within ~~one~~two months of receiving that hit.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 31 – title

Submitting a take back ~~notification~~request

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 31 – paragraph 2

2. A take back ~~notification~~request shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the statements of the person concerned.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 31 – paragraph 3

3. The ~~notified~~ Member State to which the request is made shall confirm receipt of the ~~notification~~request to the Member State which made the ~~notification~~request within one week, unless the ~~notified~~ Member State to which the request is made can demonstrate within that time limit that its responsibility has ceased pursuant to Article 27.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 31 – paragraph 4

~~4. Failure to act within the one-week period set out in paragraph 3 shall be tantamount to confirming the receipt of the notification.~~deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 31 – paragraph 5

5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back ~~notifications.~~ requests. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 45 – paragraph 1 – introductory part

1. Solidarity contributions for the benefit of a Member State ~~under migratory pressure or subject to disembarkations following search and rescue operations~~ shall consist of the following types:

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 45 – paragraph 1 – point a

(a) relocation of applicants ~~who are not subject to the border procedure for the examination of an application for international protection established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]~~;

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 45 – paragraph 1 – point b

~~(b) return sponsorship of illegally staying third-country nationals;~~deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 45 – paragraph 1 – point c a (new)

(ca) relocation of illegally staying third-country nationals.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 45 – paragraph 1 a (new)

1a. The measures set out in paragraph 1, point (c) are offered in addition to the measure provided for in paragraph 1, point (a).

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 45 – paragraph 2

2. Such contributions may, pursuant to Article 56, also consist of: (a) international protection subject to the border procedure in accordance with Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]; (b) relocation of illegally staying third-country nationals.deleted relocation of applicants for

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 45 a (new)

Article 45a Automatic solidarity mechanism 1. The solidarity mechanism set out in this article shall apply automatically for the benefit of a Member State where the redistribution criteria set out in Chapter II cannot be applied. 2. The solidarity mechanism shall include the measures set out in points (a), (b) and (c) of Article 45. 3. The mechanism set out in paragraph 1 shall be binding upon all Member States. 4. The number of applicants to be relocated for each Member State shall be determined by the Commission in an implementing act by applying the key indicated in Article 54 in the preceding 12 months.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 46

Article 46 deleted Solidarity Forum ~~shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.~~

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 46 – paragraph 1

~~A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.~~deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 47

~~[...]~~deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 48 – paragraph 1 – introductory part

1. Within two weeks from the ~~submiss~~presentation of the ~~SAR~~ Solidarity Response Plans referred to in Article 47(4) or two weeks from the end of the Solidarity Forum referred to in Article 47(5), and where the total solidarity contributions indicated by all the Member States in their Plans corresponds to, or is considered by the Commission to be sufficiently close to the total solidarity contributions set out in the Migration Management Report, the Commission shall adopt an implementing act setting out the solidarity measures indicated by Member States pursuant to Article 47(4) or Article 47(5). Such measures shall constitute a solidarity pool for each Member State expected to be faced with disembarkations in the short term, the Commission shall adopt an implementing act setting out the solidarity measures.

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 48 – paragraph 1 – subparagraph 1

Where the Asylum Agency notifies the Commission and the Member States that 80% of the solidarity pool in the first subparagraph has been used for one or more of the benefitting Member States, the Commission shall convene the Solidarity Forum to inform the Member States of the situation and request Member States to increase their contributions. Following the end of the Solidary Forum, where Member States have indicated their readiness to make increased contributions the Commission shall amend the implementing act establishing a solidarity pool referred to in the first subparagraph in relation to the benefitting Member State concerned to increase the contributions indicated by Member States.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 48 – paragraph 2

~~[...]~~deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 48 – paragraph 2 – point a

(a) the total number of third-country nationals to be covered by relocation to contribute to the needs of the Member States referred to in Article 47(2) as identified in the Migration Management Report;deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 48 – paragraph 2 – point b

~~(b) the number and share referred to in point (a) for each Member State, including the benefitting Member States calculated according to the distribution key set out in Article 54;~~deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 48 – paragraph 2 – point c

~~(c) the measures indicated by Member States as set out in Article 45(1), point (d).~~deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1

Where Member States have indicated measures set out in Article 45(1), point (d), those measures shall be in proportion to the contributions that the Member States would have made by means of the relocations referred to in Article 45(1), point (a) as a result of the application of the distribution key set out in Article 54. They shall be set out in the implementing act except where the indications by Member States would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report. In those cases, the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures are required to cover 50% of their share calculated in accordance with the distribution key set out in Article 54 through relocation or return sponsorship as referred to in Article 45(1) point (b) or a combination of both. The Member States concerned shall immediately indicate to the Commission how they intend to cover their share in this regard. The Commission shall adjust the contributions set out in the implementing act regarding relocation, return sponsorship and the measures referred to in Article 45(1), point (d) for those Member States accordingly.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2

Where one or more Member States have not submitted an SAR Solidarity Response Plan within the time limits set out in Article 47(4) and Article 47(5), the Commission shall determine the amount and type of contributions to be made by those Member States.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 3

Where the Asylum Agency notifies the Commission and the Member States that 80% of the solidarity pool in the first subparagraph has been used for one or more of the benefitting Member States, the Commission shall convene the Solidarity Forum to inform the Member States of the situation and the additional needs of the Member States. Following the Solidary Forum the Commission shall adopt an amendment to the implementing act establishing a solidarity pool referred to in the first subparagraph in relation to the benefitting Member State concerned to increase the total number of third- country nationals covered by the solidarity measures referred to in point (a) of the first subparagraph by a maximum of 50%. The share of each Member State referred to in point (b) of the first subparagraph shall be amended accordingly. Where the provisions of the second subparagraph are applied and Member States have indicated that they shall contribute through return sponsorship, the share of these measures shall be increased by 50%. The measures referred to in Article 45(1), point (d) shall also be increased by a share that is in proportion to a 50% increase of that Member States share calculated according to the distribution key set out in Article 54.deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 49

~~[...]~~deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 50

~~[...]~~deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 51

Report on migratory pressure 1. Member State concerned during its assessment undertaken pursuant to Article 50(1). The Commission shall submit the report on migratory pressure to the European Parliament and to the Council within one month aftArticle 51 deleted The Commission shall consult the In the report, the Commission Where the Commission informed them that it was carrying out an assessment pursuant to Article 50(2). 2. shall state whether the Member State concerned is under migratory pressure. 3. that the Member State concerned is under migratory pressure, the report shall identify: (a) the capacity of the Member State under migratory pressure in the field of migration management,concludes measures that the Member State measures referred to in paArticular asylum and return as well as its overall needs in managing its asylum and return caseload; (b) measures that are appropriate to address the situation and the expected timeframe for their implementation consisting, as appropriate, of: (i) under migratory pressure should take in the field of migration management, and in particular in the field of asylum and return; (ii) 45(1), points (a), (b) and (c) to be taken by other Member States; (iii) 45(1), point (d) to be taken by other Member States. 4. that a rapid response is required due to a developing situation in a Member State, it shall submit its report within two weeks at the latest from the date on which it informed the European Parliament, the Council and the Member States pursuant to Article 50(2) that it was carrying out an assessment.le measures referred to in Article Where the Commission considers

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 52

~~[...]~~deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 53

~~[...]~~deleted

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 54 – paragraph 1 – point a

(a) the size of the population (540% weighting);

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

(b) the total GDP (540% weighting).

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)

(ba) the unemployment rate (20% weighting)

2021/12/09
Committee: LIBE

Laura FERRARA, Sabrina PIGNEDOLI

Proposal for a regulation
Article 55

~~[...]~~deleted

2021/12/10
Committee: LIBE