Activities of Angel DZHAMBAZKI related to 2016/0131(COD)
Legal basis opinions (0)
Amendments (29)
Amendment 16 #
Proposal for a regulation
Recital 1
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, as well as differentiating between regional spécificités and the discrepancies in burden on individual Member States.
Amendment 20 #
Proposal for a regulation
Recital 2
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 disparitifferences between the Member States in the granting of international protection and in the form that such international protection takes, due to variations in regional and geopolitical challenges. Those disparities should be addressed by ensuring greater convergenceoperation in the assessment of applications for international protection and by guaranteeing a high and uniform level of application and efficient enforcement of Union law across the Union based on best practices and better involvement of regional actors.
Amendment 23 #
Proposal for a regulation
Recital 3
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 convergefficiencey in the asylum system and to prevent secondary movements, and develop an enhancimproved 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.
Amendment 27 #
Proposal for a regulation
Recital 4
Recital 4
(4) The European Asylum Support Office was established by Regulation (EU) No 439/2010 of the European Parliament and of the Council 7 and it took up its responsibilities on 1 February 2011. The European Asylum Support Office has enhancedfacilitated more 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 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 support Member States in their practical cooperation but to reinforce and complement the asylum and reception systems of Member States. __________________ 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).
Amendment 30 #
Proposal for a regulation
Recital 5
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 uniformtargeted 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.
Amendment 34 #
Proposal for a regulation
Recital 6
Recital 6
(6) The tasks of the European Asylum Support Office should be expanded, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main role should be to strengthen and encourage practical cooperation and information exchange on best practises 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 pressure.
Amendment 40 #
Proposal for a regulation
Recital 8
Recital 8
(8) The European Union Agency for Asylum 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 and specifically on a Member State directly affected due to proximity with the third state. That should enable the Agency to assist Member States in better understanding the geo-political factors for asylum-related migration towards and within the Union, as well as for the purpose of early warning and preparedness of Member States.
Amendment 49 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Union Agency for Asylum 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 and their geopolitical relevance.
Amendment 59 #
Proposal for a regulation
Recital 13
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 regular activities promoting Union lawin cooperation with national and regional actors and authorities. For that purpose, the Agency should assist Member States by developing operational standards and indicators for monitoring compliance with those standards. The Agency should also develop basic guidelines on asylum-related matters and should enable and encourage the exchange of best practices among Member States.
Amendment 66 #
Proposal for a regulation
Recital 14
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 provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and, exchange with national authorities and experts, as well as 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 Stateprovide the Member State with recommendations concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations.
Amendment 73 #
Proposal for a regulation
Recital 17
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 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.
Amendment 78 #
Proposal for a regulation
Recital 19
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 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 and supporting Member States' affected in their efforts to prevent abuse through illegal migration.
Amendment 83 #
Proposal for a regulation
Recital 20
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, 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 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 CommissMember States in question and the other relevant Union agencies.
Amendment 85 #
Proposal for a regulation
Recital 21
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 national authorities, 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 Commission's prior approval.
Amendment 96 #
Proposal for a regulation
Recital 24
Recital 24
(24) The European Union Agency for Asylum should facilitate operational cooperation between Member States in matters covered by this Regulation. It should also cooperate with authorities and regional actors of third-countries in the framework of working arrangements which should receive the Commission'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.
Amendment 101 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Commission and the Member States should be represented on the Management Board of the European Union Agency for Asylum in order to exercise a policy and political oversight and scrutiny 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.
Amendment 103 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 117 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) coordinate efforts among Member States to engage in and develop a commonn in- depth analysis of the situation in third countries of origin, keeping in mind regional challenges and geopolitical specificities;
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) set up and deploy asylum support teams and an asylum intervention pool for the support of Member States efforts in dealing with disproportionate pressures;
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Agency 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 or a single Member State, 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.
Amendment 162 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) make use of all relevant sources of information, including its information analysiassessments on the situation of asylum and other information gathered from governmental, non-governmental and international organisations, including through the networks referred to in Article 9, as well as Union institutions, agencies, bodies, offices and the European External Action Service;
Amendment 175 #
Proposal for a regulation
Article 10 – paragraph 2
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 requirencouraged to take that common analysis into account when examining applications for international protection, without prejudice to their competence for deciding on individual applications.
Amendment 189 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission, develop technical 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.
Amendment 190 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Agency shall, at the request of Member States, assist them to apply the technical operational standards, guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance.
Amendment 221 #
Proposal for a regulation
Article 15 – paragraph 3
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)consult directly with the Member State concerned in order to find an alternative and efficient solution.
Amendment 272 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The use by the Agency of personal data collected by or transmitted to it by the Member States or by its own staff when providing operational and technical assistance to Member States shall be limited to the name, date of birth, gender, nationality, profession or education, fingerprints and digitised photograph of third-country nationals and not unjustly undermining the governing rules on personal data protection.
Amendment 279 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The Agency may, where necessary and appropriate, cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, in particular with a view to promoting Union standards on asylum and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions. The Agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. The Agency shall seek the prior approval of the Commission for such working arrangements and it shall inform the European Parliament.
Amendment 295 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State and two representatives of the Commission, which shall all have the right to vote.
Amendment 309 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. The Agency shall apply the Commission's rules on security as set out in Commission Decisions (EU, Euratom) 2015/443 35 and 2015/444.36 as well as governing rules on personal data protection. Those rules shall apply, in particular, to the exchange, processing and storage of classified information. __________________ 35 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41). 36 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).