43 Amendments of Emil RADEV related to 2015/2095(INI)

Motion for a resolution
Recital F

F. whereas solidarity can take the forms of internal and external solidarity; and whereas relocation, mutual recognition of asylum decisions, operational support measures, shared responsibility in the management of the external EU borders and migratory flows, a pro-active interpretation of the current Dublin Regulation and the Temporary Protection Directive are all tools for internal solidarity, while resettlement, humanitarian admission and search and rescue at sea promote external solidarity;

2016/02/22
Committee: LIBE

Motion for a resolution
Recital H

H. whereas the fight against migrant smuggling, trafficking and labour exploitation necessitates ~~both~~ short, medium and long-term responses, including measures to disrupt criminal networks and to bring criminals to justice, the gathering ~~and~~, analysis and sharing of data, measures to protect victims and to return irregularly staying migrants, as well as cooperation and joint actions with third countries and longer- term strategies to address the demand for trafficked and smuggled persons and the root causes of migration which force people into the hands of criminal smugglers;

2016/02/22
Committee: LIBE

Motion for a resolution
Recital I

I. whereas the ordinary legislative procedure is ongoing on numerous Commission proposals in the area of borders and visa policy, in particular on the proposal for a Regulation on the Union Code on Visas (recast) (2014/0094 COD), the proposal for a regulation establishing a touring visa (2014/0095 COD) ~~and~~, the proposal for a regulation on Uniform format for visa: security (2015/0134 COD); and whereas new proposals in this area have recently been launched by ~~the~~ Commission, in particular the proposal for a Regulation establishing a European Border and Coast Guard (2015/0310 COD), and will be dealt with according to the ordinary legislative procedure;

2016/02/22
Committee: LIBE

Motion for a resolution
Recital J

J. whereas the abolishment of internal border controls must go hand-in-hand with the effective management of external borders, with high common standards, effective exchange of information between Member States, and full respect for everyone’'s fundamental rights; and whereas the Member States at the external borders of the EU should be adequately supported with technical and financial means in securing and managing these borders;

2016/02/22
Committee: LIBE

Motion for a resolution
Recital O

O. whereas individual Member States continue to develop intense external action on migration at the bilateral level, including bilateral readmission agreements and joint actions with third countries;

2016/02/22
Committee: LIBE

Motion for a resolution
Recital S

S. whereas several EU financial instruments exist to fund Member States’' and third countries’ actions in the area of migration, asylum and border management; whereas in particular funds for Member States are allocated mainly through the Asylum Migration and Integration Fund (AMIF) and the Internal Security Fund (ISF), but whereas numerous other programmes and funds, , including emergency funding, can be used for activities related to migration; and whereas funding to third countries, while allocated mainly through DCI, is administered by numerous Commission DGs and the EEAS;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 7

7. Calls for a clear distinction to be made between those persons who are smuggled into the Union and those who are trafficked into the Union because, while the policy response must be properly integrated, they must also be properly targeted; states that, in general terms, the criminal smuggling of migrants involves facilitating the irregular entry of a person to a Member State, whereas human trafficking involves the recruitment, transportation or reception of a person through the use of violent, deceptive or abusive means, for the purpose of exploitation; recalls the importance to examine the links between different types of organised crime, as networks become increasingly loose and flexible.

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 8

8. Holds that any holistic approach to migration must necessarily contain measures aimed at disrupting the activities of criminal networks involved in the trafficking and smuggling of people; calls on the Member States to intensify the fight against people smuggling and human trafficking, the exchange of information on such networks, and the cooperation with neighbouring countries on the matter;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 12

12. Emphasises that full use should be made of existing instruments, such as the aAgencies’ risk analyses; observes that Union aAgencies should cooperate fully, but ~~that they~~ also need to step up cooperation with Member States; ~~notes that~~ better coordination of efforts should allow for the collection of data at national level and its onward communication to the Agencies; in this context, welcomes the establishment of Europol's Joint Operational Team MARE as a crucial operational interlocutor between Europol, Frontex, Interpol and EU Member States in the fight against people smugglers and traffickers;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 12

12. Emphasises that full use should be made of existing instruments, such as the agencies’ risk analyses; observes that Union agencies should cooperate fully, but that they also need to step up cooperation with Member States; notes that better coordination of efforts should allow for the systematic collection of data at national level on the routes, modus operandi and profiles of smugglers, and its onward communication to the Agencies;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 12 a (new)

12a. Underlines the importance to provide common specialised trainings to border guards, legal practitioners and other national competent authorities to equip them with the necessary skills and to ensure greater coherence and consistency within the European Union;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 15

15. Takes the view that the establishment of urgent relocation measures is a move in the right direction, and calls on Member States to fulfil their obligations with regard to those measures as soon as possible;deleted

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 15 a (new)

15a. Is of the opinion that any proposal for a permanent structured Relocation Mechanism should not be viewed as the sole solution to the migratory crisis and that it has to be based on a thorough analysis of the functioning of the temporary Relocation Decisions;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 17

17. Notes, in addition, that Member States of first arrival will therefore have to handle the more complicated asylum claims (and appeals), will have to organise longer periods of reception, and will have to organise and coordinate returns for those ultimately not entitled to international protection; therefore, is of the view that if a Member State of first arrival experiences a sudden and disproportionate influx of migrants that puts a great burden on its asylum system and social services, it will have the right to temporarily suspend accepting applicants for international protection under any type of Relocation Mechanism;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 18

18. Is of the opinion that, in addition to the criteria contained in the Relocation Decisions, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, ~~consideration should be given to~~ two other criteria, namely, the size of the territory of the Member State and the population density of the Member State should also be included in any possible permanent relocation mechanism; notes that a consideration has to be also given to introducing caps on the number of refugees that a country can accept as well as a threshold for the activation of the relocation mechanism;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 19

19. Believes that the preferences of the applicant should, as much as practically possible, be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process; further recalls that the best interest of the child must be a primary consideration should always guide any decision on relocation involving children;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 22

22. Points out that, given the unprecedented flows of migrants that have reached and continue to reach the Union’s external borders, and the steady increase in the number of people asking for international protection, the Union needs a ~~binding and mandatory~~ legislative approach to resettlement, as set out in the Commission’s agenda for migration; recommends that, to have an impact, such an approach must provide for resettlement of a meaningful number of refugees, with regard to the overall numbers of refugees seeking international protection in the Union;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 23

23. Underlines that there is a need for a ~~permanent~~ Union-wide resettlement programme, with ~~mandato~~voluntary participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 25

25. Underlines that, in so far as resettlement remains unavailable for third- country nationals, ~~all~~ Member States should be encouraged to establish and implement humanitarian admission programmes on a voluntary basis;

2016/02/22
Committee: LIBE

Motion for a resolution
Subheading 16

~~On humanitarian visas~~deleted

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 26

26. Points out that humanitarian visas provide persons in need of international protection with means of accessing a third country in order to apply for asylum; calls on the Member States to make use of any existing possibilities to provide for humanitarian visas at Union embassies and consular offices in countries of origin or transit countries;deleted

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 28

28. Recalls that a comprehensive assessment ~~(in the form of the Commission’s evaluation reports) of the implementation of this package, followed by a speedy follow-up in case implementation is unsatisfactory in certain Member States,~~of the implementation of this package is absolutely necessary in order to improve harmonisation;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 32 a (new)

32a. Calls for the overhaul of the Dublin system so that the burden and responsibilities are shared among all Member States; is of the opinion that such a new system should include effective and speedy return, organised by Frontex, of those people who do not qualify for international protection or have entered the EU illegally, and a set of measures that limit and discourage secondary movement within the EU, including limiting some of the rights of the asylum seekers within the scope of EU and international law;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 33

33. Recommends that the criteria on which the Relocation Decisions are based should be built directly into the Union’'s standard rules for allocating responsibility; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘'applicants in clear need of international protection’', since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival; to this end, calls for a clear distinction to be made between those in need of international protection and economic migrants;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 34

34. Takes the view that the European Union should support the Member States at the external borders of the EU as well as those receiving the most asylum claims with proportionate and adequate financial and technical support; considers that the rationale of using solidarity and responsibility-sharing measures is to enhance the quality and functioning of the CEAS;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 47 c (new)

47 c. Calls on Member States to fully apply the specific provisions of the Common European Asylum System concerning unaccompanied minors, including access to legal assistance, guardianship, access to healthcare, accommodation and education, the right to be spoken in a language they understand, to have interviews with trained officials not in a uniform, etc.; calls on the Member States to end detention of children because they are migrants.

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 48

48. ~~Understand~~Emphasises that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 48

48. Understands that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS; stresses that the role and mandate of Frontex in return operations needs to be bolstered and that it is extremely important to make a distinction between asylum seekers and economic migrants since, legally speaking, they are two distinct groups and each requires a distinct approach;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 51

51. Suggests that any attempt by Member States to ‘'push back’' migrants who have not been given the opportunity to present asylum claims runs contrary to Union and iInternational lLaw, and ~~that~~ the Commission should take the appropriate action against any Member State that attempts such ‘'push backs’'; at the same time, understands that any attempt for illegal crossing of the external EU borders through other than the official border crossings zones necessitates higher vigilance and precaution by the border guards of the Member States in order to guarantee the security of European citizens;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 61

61. Understands that the recently proposed European Border and Coast Guard is intended to replace Frontex and is meant to ensure a European integrated border management at the external borders, including Bulgaria, Romania and Croatia, with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein; considers the concept of shared responsibility as a way to assist the frontline Member States at the external borders and strengthen their border management capacities; is of the opinion that shared responsibility and the new Agency should not undermine national competencies and sovereignty;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 62

62. Looks forward to negotiations on the proposal within and between the co- legislators in the context of the ordinary legislative procedure, in accordance with Article 294 TFEU; is of the opinion that the final text should take into consideration the following: the balance between national sovereignty and the mandate of the Agency, the national capacities and abilities of Member States to participate in EU actions, especially of the Member States at the external borders, and the interconnection between the Schengen Evaluation Mechanism and the competencies of the new Agency.

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 64

64. Acknowledges that the integrity of the Schengen area and the abolishment of internal border controls are dependent on having effective management of external borders, with high common standards applied by all Member States at the external borders and an effective exchange of information between them; recalls in that sense that Member States such as Bulgaria and Romania located at the EU external borders, which are not yet members of the Schengen area, are fulfilling their obligations to effectively secure EU external borders, following the principles of solidarity and shared responsibility.

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 65

65. Accepts that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons; condemns calls for the introduction of permanent border controls within the Schengen zone; is the opinion that border checks within Schengen have to remain a temporary measure within the scope of the Schengen acquis;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 69

69. Takes note that on 15 December 2015, the Commission came forward with a proposal for a targeted revision of the Schengen Borders Code, proposing to introduce systematic controls of all Union nationals (not only on third-country nationals) against the relevant databases at the land, maritime and air external borders of the Schengen Area; is of the opinion that such systematic checks should be conducted at certain border crossings based on risk assessment and that they should not impede the free circulation of EU citizens, goods and services;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 74

74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS; calls in this connection for stringent registration of all migrants in line with the relevant EU acquis;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 74 a (new)

74a. Calls also for the establishment of hotspots in the main transit countries and countries of origin where people will receive explanations on the ways to legally migrate to the EU and will have the right to apply for the resettlement programme of the EU;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 85 a (new)

85a. Welcomes the commitments taken at the Valletta summit which recognise the need to give hope and opportunities to young people, and to protect children from violence and abuse;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 86

86. Recalls that the Union has intensified its external cooperation with third countries in migration and asylum in order to respond adequately to the current refugee crisis, and has launched new cooperation initiatives, such as the EU-Turkey Joint Action Plan; emphasises, in that respect, the need for all parties to fulfil their commitments deriving from the Joint Action Plan, including addressing the root causes leading to the massive influx of Syrians, stepping up cooperation for the support of Syrians under temporary protection and their host communities in Turkey, and for Turkey to fulfil its commitments to prevent irregular migration flows from its territory to the Union; calls for the swift implementation of the EU-Turkey readmission agreement as of June 2016;

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 88

88. Welcomes the fact that the Action Plan on Smuggling links the launching of new awareness-raising campaigns to the assessment of existing ones; recommends that any such campaigns should contain information on the criteria to be used to determine protection status in the Union, since such information may convince some migrants – who risk embarking on a perilous journey only to be returned if they are not granted protection – not to make the journey; recommends to involve diasporas communities to co-design information campaigns and to inform about legal routes and the risks of using smugglers.

2016/02/22
Committee: LIBE

Motion for a resolution
Paragraph 101

101. Recommends that, under the MFF review scheduled for the end of 2016, substantial additional resources be provided under the Union budget, Heading 3, on Citizenship, Freedom, Security and Justice, so that adequate funding is made available on the basis of migration trends and the attendant financial requirements for the Union’s and the Member States’ asylum, migration and integration policies, especially in the Member States at the external borders and those receiving most of the asylum applications;

2016/02/22
Committee: LIBE