BETA

80 Amendments of Josep-Maria TERRICABRAS related to 2016/0131(COD)

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 11 – paragraph 2

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

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 11 – paragraph 2 a (new)

2 a. Information provided by the Agency in accordance with paragraphs 1 and 2 shall be compiled in accordance with the general principles provided for in Article 8 of this Regulation and shall take into account information received from the UNHCR, United Nations human rights treaty monitoring bodies and Special Procedures, Council of Europe human rights monitoring mechanisms, the International Committee of the Red Cross (ICRC), relevant non-governmental organisations and other relevant independent and reliable sources.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

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

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
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, the Consultative Forum, UNHCR and other relevant international and non-governmental organisations, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

1. The Agency, in close cooperation with the Commission, the Consultative Forum and relevant international and non-governmental organisations, shall establish a mechanism to:

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

(a) monitor the implementation and assess all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, ~~the application of criteria determining protection need~~including the procedural safeguards, including the right of appeal, redress mechanisms, access to legal aid and interpretation for applicants, the application of criteria determining protection needs, the functioning of referral mechanisms for vulnerable applicants and the nature and quality of protection afforded to persons in need of international protection by Member States, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

(b) monitor compliance by Member States with operational standards, indicators guidelines and best practices on asylum and issue recommendations to Member States for the improvement of asylum procedures and reception;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

The Agency ~~may~~shall, in particular, base its assessment on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits ~~and case sampling~~, case sampling and information provided by UNHCR and other relevant United Nations human rights treaty monitoring bodies, Special Procedures or Council of Europe human rights monitoring mechanisms and other relevant international and non- governmental organisations.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

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

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

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

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

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

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

The Agency may initiate a monitoring exercise for the assessment of the asylum or reception systems of a Member State on its own initiative or at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State's asylum or reception systems. The Agency may carry out ad-hoc unannounced on-site visits to verify specific aspects of a Member State's asylum or reception systems. The Agency shall timely notify Member States of the intention to carry out ad-hoc on-site visits.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 14 – paragraph 3

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

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 14 – paragraph 4

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

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 16 – paragraph 3 – point b

(b) assist Member States by facilitateing the examination of applications for international protection that are under examination by the competent national authorities;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 16 – paragraph 3 – point e

(e) assist with the provision of information on the international protection procedure, including information on the rights of the applicant, appeal procedures, access to reception and referral mechanisms for vulnerable groups, unaccompanied children and children with their families, and produce ad-hoc informative leaflets concerning CEAS provisions to be distributed to migrants and asylum seekers;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 16 – paragraph 3 – point f a (new)

(f a) advise and coordinate the setting up or provision of referral and protection mechanisms for vulnerable groups, including unaccompanied children and children with their families, victims of torture, victims of trafficking and victims of crime

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 16 – paragraph 5

5. The Executive Director shall evaluate the result of the operational and technical measures and shall transmit detailed evaluation reports to the Management Board within 60 days from the end of those measures, together with the observations of the Fundamental Rights Officer. The Agency shall make a comprehensive comparative analysis of those results which shall be included in the annual activity report referred to in Article 65.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 17 – paragraph 8

8. The Agency shall contribute to the asylum support teams with experts from its own staff employed and trained specifically for field work and trained interpreters.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 17 – paragraph 8 a (new)

8 a. Where the Member States are unable to provide the expertise deemed to be essential for operations it needs to carry out, the Agency may take the measures necessary to source such expertise from relevant experts and organisations drawing on the expertise of the Consultative Forum.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 19 – paragraph 2 – point e

(e) a detailed and clear description of the tasks, responsibilities and special instructions for the asylum support teams or experts from the asylum intervention pool, and for the members of the teams involved in activities of the Agency, including the national and European databases that they are authorised to consult and the equipment that they may use or carry in the host Member State;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 19 – paragraph 2 – point h

(h) regarding assistance with applications for international protection, including as regards the examination of such applications, specific information on the tasks that the asylum support teams or the experts from the asylum intervention pool may perform as well as a clear description of their responsibilities and accountability and reference to applicable national, international, human rights and Union law;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 19 – paragraph 2 – point i

(i) a reporting and evaluation scheme containing benchmarks for the evaluation report, including the protection of fundamental rights, and final date of submission of the final evaluation report;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 19 – paragraph 2 – point k

(k) procedures whereby persons in need of international protection, victims of trafficking in human beings, victims of torture, victims of crime, unaccompanied minors and persons in a vulnerable situation are ~~direct~~referred to the competent national authorities for appropriate assistance. and protection.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 19 – paragraph 2 – point k a (new)

(k a) procedures setting out a mechanism to receive and transmit to the Agency a complaint against any person participating in operational activities carried out by the Agency or with the participation of the Agency, including with third countries, including staff of the Agency, experts, seconded experts and other relevant staff of the host Member State or third country alleging breaches of fundamental rights in the context of the operation;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 19 – paragraph 2 – point k b (new)

(k b) Detailed provisions on fundamental rights safeguards;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 19 – paragraph 2 – point k c (new)

(k c) provisions on risks of fundamental rights violations and steps taken to avoid such violations and ensure accountability for and non-repetition of such violations, including in relations to the powers to suspend and terminate the deployment of the asylum support teams in accordance with Article 20 (6).

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 20 – paragraph 3

3. When determining the composition of each asylum support team, the Executive Director shall take into account the particular circumstances of the Member State requesting assistance and its assessment of needs. The asylum support team shall be constituted in accordance with the operational plan and shall receive timely and appropriate training ahead of the deployment, including on operationalisation of fundamental rights.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 20 – paragraph 6

6. The Executive Director shall, after informing the host Member State, suspend or terminate, in whole or in part, the deployment of the asylum support teams if the conditions to carry out the operational and technical measures are no longer fulfilled or if the operational plan is not respected by the host Member State including in relation to the respect of fundamental rights or international protection obligations.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 20 – paragraph 6 a (new)

6 a. The Executive Director shall, after informing the host Member State, suspend or terminate the deployment of the asylum support teams if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. Based on recommendations by the Fundamental Rights Officer, after consultation with the Consultative Forum and other relevant actors, the Executive Director shall adopt criteria for withdrawing the financing, the suspension or the termination of an activity by the Agency. The findings of the Fundamental Rights Officer in the framework of the Complaints Mechanism shall be taken into account. The Fundamental Rights Officer may recommend the withdrawing the financing, the suspension or the termination of an activity, including the deployment of asylum support teams.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

(a) the screening of third-country nationals, including their identification, registration, and ~~where requested by Member States, their fingerprinting~~referral;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

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

(c) the provision of information on asylum procedures, including relocation and specific assistance to applicants or potential applicants that could be subject to relocation, and information on the rights of the applicant, appeal procedures, access to reception and referral mechanisms for vulnerable groups, unaccompanied children and children with their families, including through the production of ad-hoc informative leaflets on provisions of the CEAS, to be developed in cooperation with the Consultative Forum and the Fundamental Rights Officer.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 22 – paragraph 7 a (new)

7 a. The Agency shall provide timely and adequate training to the experts of the asylum intervention pool, ahead of their deployment, including on operationalisation of fundamental rights.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 26 – paragraph 1

1. Where experts of an asylum support team or from the asylum intervention pool are operating in a host Member State, that Member State ~~shall be~~and the Agency shall be jointly and severally liable in accordance with ~~its~~ national and EU law for any damage caused by them during their operations. Where experts of an asylum support team or from the asylum intervention pool are operating in a third country, the Agency shall be liable for any damage caused by them during their activities.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 26 – paragraph 2

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

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 26 – paragraph 4

4. Any dispute between Member States or ~~with~~between a Member State and the Agency relating to the application of paragraphs 1, 2 and 3 of this Article which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with ~~Article 273 of~~ the Treatyies.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 31 – paragraph 1 – point b

(b) when carrying out case sampling for the purposes of the monitoring exercise referred to in Article 13, for this purpose limiting processing of personal data strictly to nationality, age and gender;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 31 – paragraph 1 – point c

(c) when assisting Member States in handling applications for international protection from children or vulnerable persons, upon request of Member States, as referred to in Article 13(2) and Article 16(3)(b) and (c);

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 31 – paragraph 1 – point e

~~(e) analysing information on the situation of asylum in accordance with Article 4;~~deleted

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 32 – paragraph 2 – point b

(b) where necessary to assist Member States by facilitateing the examination of applications for international protection that are under examination by the competent national authorities as referred to in Article 16(3)(b);

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 32 – paragraph 2 – point g

~~(g) where necessary for analysis of information on the situation of asylum.~~deleted

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 32 – paragraph 3 a (new)

3 a. The Member State which has transmitted personal data in accordance with paragraph 1 shall inform the applicant of such transmission and his or her right to, in accordance with the laws, regulations and procedures of that Member State, bring an action or, where appropriate, a complaint before the competent authorities or courts of the Member State, against wrongful use or processing of such data.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 35 – paragraph 1

1. In matters related to its activities, in particular concerning resettlement and training on asylum procedures and protection, and, to the extent required for the fulfilment of its tasks, the Agency ~~shall~~may facilitate ~~and encourage~~ operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to the protection of fundamental rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation, including when carrying out activities on the territory of those third countries.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 35 – paragraph 2

2. The Agency may 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 consult the Consultative Forum, seek the prior approval of the Commission for such working arrangements and it shall inform the European Parliament.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 35 – paragraph 3

3. The Agency may, with the agreement of the host Member State, invite officials from third countries to observe the operational and technical measures outlined in Article 16(3), where their presence does not jeopardise the achievement of objectives of those measures, and where it may contribute to improving cooperation and the exchange of best practices.deleted

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 35 – paragraph 4

4. The Agency shall coordinate actions on resettlement taken by Member States or by the Union, including the exchange of information, in full compliance with the standards and guidance set by UNHCR, so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries. The Agency shall gather information, monitor resettlement to Member States and support Member States with capacity building on resettlement. The Agency may also, subject to the agreement of the third country and in agreement with the Commission, coordinate any such exchange of information or other action between Member States and a third country, in the territory of that third country.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 35 – paragraph 4 a (new)

4 a. The confidentiality of information relating to individual resettlement cases shall be guaranteed at all times. Any exchange of information shall be carried out in full compliance with the relevant rules established in the UNHCR Resettlement Handbook, without jeopardising eligibility and selection of refugees for resettlement. Any Agency activity in the field of resettlement shall be carried out in close cooperation with UNHCR and expert non-governmental organisations and include support for resettled refugees on the territory of Member States post arrival as relevant and necessary.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 35 – paragraph 6

6. The Agency may ~~benefit from Union funding~~take part in Union funded projects in accordance with the provisions of the relevant instruments supporting the external relations policy of the Union. ~~It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation.~~

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 37 – paragraph 1

The Agency shall cooperate with international organisations, in particular UNHCR, in areas governed by this Regulation, within the framework of working arrangements concluded with those bodies, in accordance with the Treaty and the provisions on the competence of those bodies. The Management Board shall decide on the working arrangements which shall be subject to prior approval of the Commission. The Agency shall inform the European Parliament of any such arrangements.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 38 – paragraph 1 – point c a (new)

(c a) a Fundamental Rights Officer;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

(c b) a Consultative Forum.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 40 – paragraph 1 – point l

(l) appoint the Executive Director and Deputy Executive Director, exercise disciplinary authority over him or her and, where necessary, extend his or her term of office or remove him or her from office in accordance with Articles 45 and 47;deleted

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 40 – paragraph 1 – point m

(m) adopt an annual report on the situation of asylum in the Union in accordance with Article 65. That report shall be presented to the European Parliament, the Council and the Commission and shall be made public;

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 2

The multi-annual programming shall set the strategic areas of intervention and explain what needs to be done to achieve the objectives. It shall include the strategy for relations with third countries or international organisations referred to in Articles 34 and 37, respectively, and the actions linked to that strategy, as well as specification of associated resources. It shall also include the fundamental rights strategy, referred to in Article XX, and the actions linked to that strategy, as well as specification of associated resources.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1

The E~~xecutive Director~~uropean Parliament and the Council shall be appointed by ~~the Management Board from a list of candidates proposed by the Commission, following an open and transparent selection procedur~~common accord the Executive Director and the Deputy Executive Director based on a list of candidates proposed by the Commission, following the publication of the post in the Official Journal of the European Union and other press or internet sites as appropriate. The Executive Director shall be appointed on the ground of merit and documented high-level administrative and management skills as well as senior professional experience in the field of migration and asylum.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 45 – paragraph 3

~~3. Before appointment, the candidate s~~delected ~~by the Management Board may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members.~~

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 45 – paragraph 4

4. The term of office of the Deputy Executive Director and of the Executive Director shall be five years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Deputy Executive Director's and the Executive Director's performance and the Agency's future tasks and challenges.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 45 – paragraph 5

5. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 4, may extend the term of office of the Executive Director once for no more than five years.deleted

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 45 – paragraph 6

6. The Management Board shall inform the European Parliament if it intends to extend the Executive Director's term of office. Within one month before any such extension, the Executive Director may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members.deleted

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 45 – paragraph 8

~~8. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission.~~deleted

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 45 – paragraph 9

9. The Management Board shall take decisions on appointment, extension of the term of office or removal from office of the Executive Director by a two-thirds majority of its members with the right to vote.deleted

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 46 – paragraph 5 – point u a (new)

(u a) appointing the Fundamental Rights Officer in accordance with Article XX of this Regulation.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 47 a (new)

Article 47 a Fundamental Rights Officer 1. A Fundamental Rights Officer shall be appointed by the Executive Director, following consultation with the Management Board and the Consultative Forum. The Fundamental Rights Officer shall have the necessary qualifications and experience in the field of fundamental rights and asylum. The Fundamental Rights Officer shall be responsible for drawing up the fundamental rights strategy, monitoring compliance with fundamental rights and promoting the respect of fundamental rights by the Agency. 2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, shall report directly to the Management Board and cooperate with the Consultative Forum. The Fundamental Rights Officer shall report to the Consultative Forum on a regular basis and as such contribute to the mechanism for monitoring fundamental rights. 3. The Fundamental Rights Officer shall be consulted, inter alia, on the operational plans drawn up in accordance with Article 19, on the operational activities organised by or with the involvement of the Agency, codes of conduct, cooperation with third countries, the withdrawal of the financing, the suspension or termination of an activity of the Agency and training curricula and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency, including by carrying out on-site visits to any operational activity carried out by the Agency or where the Agency participates, including in third countries. The Fundamental Rights Officer shall be responsible for establishing, further developing and implementing the complaints mechanism pursuant to Article 54c. 4. The Agency shall ensure that the Fundamental Rights Officer has the sufficient staff and resources to fulfill her or her tasks. The Fundamental Rights Officer shall have control over his or her budget.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 48 – paragraph 2

2. The Consultative Forum shall constitute a mechanism for the exchange of information and sharing of knowledge. It shall ensure a close dialogue between the Agency, Fundamental Rights Officer, and relevant organisations or bodies as referred to in paragraph 1 and shall assist the Executive Director and the Management Board in matters covered by this Regulation.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 48 – paragraph 4

4. The Consultative Forum shall assdviste the Executive Director and the Management Board in matters related to asylum and fundamental rights, in accordance with specific needs in areas identified as a priority for the Agency's work.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 48 – paragraph 4 a (new)

4 a. The Consultative Forum shall be consulted on the further development and implementation of the fundamental rights strategy, codes of conduct, working arrangements with third countries, the complaint mechanism, operational plans and common core curricula.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 48 – paragraph 5 – point c a (new)

(c a) be consulted on the further development and implementation of the fundamental rights strategy, codes of conduct, training activities organised or coordinated by the Agency, agreements with third countries, the complaint mechanism and operational plans.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 48 – paragraph 5 a (new)

5 a. The Agency shall inform the Consultative Forum on the follow-up response to reports and recommendations of the Consultative Forum and include it in its annual report.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 48 – paragraph 5 b (new)

5 b. The Consultative Forum shall have access to all information concerning the respect for fundamental rights in a timely and effective manner, including by carrying out on-the-spot visits to any operational activity carried out by the Agency or activities where the Agency participates, including in third countries.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 48 – paragraph 5 c (new)

5 c. The Consultative Forum shall define its working methods and set up its annual work programme.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 48 – paragraph 5 d (new)

5 d. The management board shall ensure that adequate human and financial resources are attributed to the Consultative Forum.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 49 – paragraph 4 a (new)

4 a. The budget, including the establishment plan, shall include sufficient financing of the fundamental rights strategy and the Fundamental Rights Officer amounting to at least 5 % of the overall budget.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1

By 31 March of the following financial year, the Agency shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors. The report shall provide details of expenditure for each of the tasks listed in Article 2.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 54 a (new)

Article 54 a Fundamental rights strategy and protection of fundamental rights 1. The Agency shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union and relevant international law, including, the Convention Relating to the Status of Refugees and the Convention on the Rights of the Child and obligations related to access to international protection, in particular with regards to the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a fundamental rights strategy, including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency. 2. The Agency shall, in the performance of its tasks, take into account and address the rights and special needs of children, victims of trafficking in human beings, victims of torture, victims of other crimes, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation. 3. In the performance of all of its tasks, including the development and implementation of an effective mechanism to monitor the respect for fundamental rights, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the Consultative Forum and the Fundamental Rights Officer. 4. The Agency shall include a detailed programme for the further development and implementation of the fundamental rights strategy in its annual and multiannual work programme and report on it in its annual activity report.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 54 b (new)

Article 54 b Code of conduct 1. The Agency shall draw up and further develop a code of conduct applicable to all experts involved in support operations coordinated by the Agency. The code of conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with a particular focus on children, unaccompanied minors and other persons in a vulnerable situation, as well as on persons seeking international protection. The code of conduct shall be applicable to all persons participating in the activities of the Agency. 2. The Agency shall develop and regularly update the code of conduct in cooperation with the Consultative Forum.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 54 c (new)

Article 54 c Complaints mechanism 1. The Agency shall, in cooperation with the Fundamental Rights Officer, take the necessary measures to set up a complaints mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency. 2. Any person who is directly affected by the actions of staff involved in operational activities organised by or with the involvement of the Agency, and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any third parties intervening on behalf of such a person, may submit a complaint, in writing, to the Agency. 3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which are malicious, frivolous, vexatious or hypothetical shall be excluded from the complaints mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant. 4. The Fundamental Rights Officer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the Fundamental Rights Officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints within three weeks to the Executive Director, forward complaints concerning members of the teams to the home Member State or third country concerned, including the relevant authority or body competent for fundamental rights, and register and ensure the follow-up by the Agency, that Member State or that third country. The Fundamental Rights Officer shall inform the complainant of the decision on admissibility, and of the national authorities to which his or her complaint was forwarded. Where the Fundamental Rights Officer finds a complaint inadmissible, it shall inform the complainant of the reasons thereof. Any decision shall be in written form and reasoned. 5. In case of a registered complaint concerning a staff member of the Agency, seconded members of the teams or seconded national experts, the Executive Director shall ensure appropriate follow- up, including disciplinary measures and referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The Executive Director shall report back to the Fundamental Rights Officer as to the findings and follow-up given by the Agency to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter. 6. In case of a registered complaint concerning a member of the teams or experts of a host Member State or third country, the home Member State or the third country shall ensure appropriate follow-up, including disciplinary measures and referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The relevant Member State or third country shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter. Where the relevant Member State or third country does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter. 7. The Agency and the Member States shall provide for an appeal procedure in cases where a complaint is declared inadmissible, is rejected or the follow-up considered inappropriate by the complainant. 8. The Executive Director shall withdraw financial compensation to a Member State or third country which does not take an appropriate follow-up, including disciplinary, civil and/or criminal justice measures as necessary or other measures in accordance with national law. Where a staff member of the Agency, expert or seconded national expert has been found to have violated fundamental rights or international protection obligations, the Agency shall request the Member State or third country concerned to remove the Agency staff member, expert or seconded national expert immediately from the activity of the Agency or the asylum intervention pool, and pursue appropriate disciplinary or civil or criminal justice measures. 9. A report on complaints received, the types of fundamental rights violations, the activities of the Agency concerned, the Member State or third country concerned and the follow-up shall be included into the annual activity report of the Agency. 10. The Fundamental Rights Officer shall, after consulting the Consultative Forum, establish the procedure for the complaints mechanism, including a standardised complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights. The Fundamental Rights Officer shall submit that form to the Executive Director and to the Management Board. 11. The Agency shall ensure that adequate information is provided about the possibility and procedure to file complaints, that the standardised complaint form is available in languages that asylum seekers and migrants understand or may be reasonably supposed to understand on the Agency's website and in hardcopy during all activities of the Agency, and that further guidance and assistance on the complaints procedure is provided to alleged victims and on request. Information tailored to children shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even where they are not submitted in the standardised complaint form. 12. Any personal data contained in a complaint shall be handled and processed by the Agency and the Fundamental Rights Officer in accordance with Regulation (EC) No 45/2001 and by Member States in accordance with Directive 95/46/EC and, where the data are processed by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in accordance with Council Framework Decision 2008/977/JHA 13. In order to safeguard the interest of complainants, complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality. Any waiver of confidentiality shall be valid only where made by a freely given, specific, informed and unambiguous indication of the complainant's wishes. The Agency shall be able to demonstrate that confidentiality was waived. For a complainant who waives his or her right to confidentiality, it shall be understood that he or she consents to the Fundamental Rights Officer or the Agency disclosing his or her identity to the competent authority and the relevant authority or body competent for fundamental rights of the relevant Member State in relation to the matter under complaint.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 61 – paragraph 3

3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties. In cases referred to in Article 26 the Agency shall be liable for any damages caused by members of the teams during their operations, in particular, the damages caused by violations of fundamental rights.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 65 – paragraph 1

1. The Agency shall draw up an annual activity report on the situation of asylum in the Union, taking due account of information already available from other relevant sources. As part of that report, the Agency shall evaluate, in cooperation with the Fundamental Rights Officer and the Consultative Forum, the results of activities carried out under this Regulation and make a comprehensive comparative analysis of them with the aim of improving the quality, consistency and effectiveness of the CEAS.

2016/10/27
Committee: LIBE

Josep-Maria TERRICABRAS

Proposal for a regulation
Article 65 – paragraph 2 a (new)

2 a. The annual report shall be made public and published on the Agency's website.

2016/10/27
Committee: LIBE