19 Amendments of Bodil VALERO related to 2016/0131(COD)
Amendment 46 #
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 and UNHCR country/situation specific position papers, where available, as well as other relevant reports and information provided by international and national organisations and academics, so as to avoid duplication and create synergies with national and other existing 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. Such common analysis should be developed in consultation with the United Nations High Commissioner for Refugees (UNHCR), as well as in full respect of and in accordance with the most recent UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum Seekers from specific countries of origin.
Amendment 64 #
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, international and non- governmental organisations at national or Union level and relevant United Nations (UN) human rights treaty monitoring bodies and Council of Europe human rights monitoring mechanisms, information analysis on the situation of asylum developed by the Agency, on-site visits and 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 State concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations.
Amendment 94 #
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 of third-countries on issues relating to asylum, protection and resettlement 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 118 #
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 common analysis of the situation in third countries of origin;
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Agency shall support Member States in relation to the external dimension of the CEAS. In this regard, and in agreement with the Commission, the Agency shall coordinate the exchange of information and other action taken on issues arising from the implementation of instruments and mechanisms relating to the external dimension of the CEAS and with relevant international and non- governmental organisations, researchers and academics.
Amendment 141 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Agency shall create factual, legal and case law databases on the application and interpretation of Union, national and international asylum instruments making use, in particular, of existing arrangements and in cooperation with relevant international organisations, non-governmental organisations, researchers and academics. No personal data shall be stored in such databases, unless such data has been obtained by the Agency from documents that are publicly accessible.
Amendment 149 #
Proposal for a regulation
Article 7 – paragraph 5 – point g
Article 7 – paragraph 5 – point g
(g) reception conditions, including special attention and protection given to unaccompanied children and children with their families, vulnerable groups and victims of torture and victims of trafficking in human beings.
Amendment 151 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Agency may organise training activities related to asylum and resettlement in cooperation with Member States or third countries on their territory.
Amendment 157 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Agency shall be a centre for gathering relevant, reliable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific information and targeted information on persons belonging to vulnerable groups. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues specific to countries of origin, including torture and ill-treatment in places of detention.
Amendment 171 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. To foster convergence in applying the assessment criteria established in Directive 2011/95/EU of the European Parliament and of the Council,22 the Agency shall coordinate efforts among Member States to engage in and develop a common analysis providing guidance on the situation in specific countries of origin. The Agency shall ensure that such common analysis takes full account of the most recent UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from specific countries of origin and of UNHCR country/situation specific position papers, if available. __________________ 22 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ L 337, 20.12.2011, p. 9).
Amendment 182 #
Proposal for a regulation
Article 11 – paragraph 2
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 deletion from the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX.
Amendment 183 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Information provided by the Agency in the context of paragraphs 1 and 2 of this Article 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.
Amendment 188 #
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, 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.
Amendment 191 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The Agency, in close cooperation with the Commission and relevant international and non-governmental organisations, shall establish a mechanism to:
Amendment 204 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
The Agency may, 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 and Special Procedures or Council of Europe human rights monitoring mechanisms and other relevant international and non- governmental organisations.
Amendment 281 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 284 #
Proposal for a regulation
Article 35 – paragraph 4
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.
Amendment 285 #
Proposal for a regulation
Article 35 – paragraph 4 a (new)
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.
Amendment 290 #
Proposal for a regulation
Article 37 – paragraph 1
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.