BETA

94 Amendments of Marcel de GRAAFF related to 2016/0131(COD)

Amendment 14 #
Proposal for a regulation
Recital 1
(1) The objective of the Union's policy on asylum is to develop andWhile respecting the sovereignty of Member States, the European Union wishes to 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.
2016/10/31
Committee: AFET
Amendment 19 #
Proposal for a regulation
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 significanit disparities between the Member States in the granting of international protection and in the form that such international protection takes. Those disparities should be addressed by ensuring greater convergence in the assessment of applications for international protection and by guaranteeing a high and uniform level of application of Union law across the Union necessary to accompany and support the Member States in their national policies on this matter.
2016/10/31
Committee: AFET
Amendment 22 #
Proposal for a regulation
Recital 3
(3) In its Communication of 6 April 2016, the Commission set out its options for improvThe Commission must bear in mingd 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 convergence in the asylum system and to prevent secondary movements, and develop an enhanced 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.national sovereignty of the Member States. It also has a duty, in the service of the Member States, to simplify the management of migrant flows and thereby prevent secondary movement;
2016/10/31
Committee: AFET
Amendment 26 #
Proposal for a regulation
Recital 4
(4) The European Asylum Support Office was established by Regulation (EU) No 439/2010 of the European Parliament and of the Council7 and it took up its responsibilities on 1 February 2011. The European Asylum Support Office has enhanced 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).
2016/10/31
Committee: AFET
Amendment 28 #
Proposal for a regulation
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 uniform 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.deleted
2016/10/31
Committee: AFET
Amendment 31 #
Proposal for a regulation
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 practical cooperation and information exchange 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.deleted
2016/10/31
Committee: AFET
Amendment 36 #
Proposal for a regulation
Recital 7
(7) The European Union Agency for Asylum should work in close cooperation with Member States’ asylum authorities, with national immigration and asylum services and other services, drawing on the capacity and expertise of those services, and with the Commission. Member States should cooperate with the Agency to ensure that it is able to fulfil itbe at the service of Member States’ asylum authorities mandate. It is important that the Agency and the Member States act in good faith and have a timely and accurate exchange of information. Any provision of statistical data should respect the technical and methodological specifications of Regulation (EC) No 862/20078 national immigration and asylum services. __________________ 8 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).
2016/10/31
Committee: AFET
Amendment 41 #
Proposal for a regulation
Recital 9
(9) Having regard to the reform of the Dublin system, the European Union Agency for Asylum should provide the necessary support to the Member States, in particular by operating and managing the corrective mechanism.deleted
2016/10/31
Committee: AFET
Amendment 43 #
Proposal for a regulation
Recital 10
(10) The European Union Agency for Asylum should assist Member States with training of experts from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum. In addition, the Agency should ensure that all experts participating in asylum support teams or forming part of the asylum intervention pool receive specialist training before their participation in operational activities organised by the Agency. ‘Operational’ activities which can only be carried out under the auspices of the Member States’ authorities.
2016/10/31
Committee: AFET
Amendment 44 #
Proposal for a regulation
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.
2016/10/31
Committee: AFET
Amendment 51 #
Proposal for a regulation
Recital 12
(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX9 should be regularly reviewed by the Commission. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also, at the request of the Commission, provide it with information on specific third countries which could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the Member States apply the concepts of safe third country, first country of asylum or European safe third country, in conjunction with the Member States’ security services. __________________ 9 JO L […]
2016/10/31
Committee: AFET
Amendment 57 #
Proposal for a regulation
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 activities promoting Union law. 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 guidelines on asylum-related matters and should enable the exchange of best practices among Member States.deleted
2016/10/31
Committee: AFET
Amendment 63 #
Proposal for a regulation
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 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.deleted
2016/10/31
Committee: AFET
Amendment 67 #
Proposal for a regulation
Recital 15
(15) The recommendations should be followed up on the basis of an action plan prepared by the Member State concerned. If, within the set period of time, the Member State concerned does not take the necessary measures to address the recommendations, and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission should, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlining the measures needed to remedy the serious shortcomings. The Commission may need to organise on-site visits to the Member State concerned to verify the implementation of the action plan. Where necessary, the Commission should also identify the measures that should be taken by the Agency in support of that Member State. If the Member State should remain non-compliant for a certain period of time, the Commission may take further action requiring the Agency to intervene in support of that Member State.deleted
2016/10/31
Committee: AFET
Amendment 69 #
Proposal for a regulation
Recital 16
(16) To facilitate and improve the proper functioning of the CEAS and to assist Member States in implementing their obligations within the framework of CEAS, the European Union Agency for Asylum should provide Member States with operational and technical assistance, in particular when their asylum and receptions systems are subject to disproportionate pressure. The Agency should provide the necessary operational and technical assistance through the deployment of asylum support teams consisting of experts from the Agency's own staff, experts from Member States or experts seconded by Member States to the Agency, and based on an operational plan. Those teams should support Member States with operational and technical measures, including by providing expertise relating to identification and registration of third countries nationals, interpreting services, information on countries of origin and knowledge of the handling and management of asylum cases, as well as by assisting national authorities competent for the examination of applications for international protection and by assisting with relocation. The arrangements for the asylum support teams should be governed by this Regulation in order to ensure their effective deployment.deleted
2016/10/31
Committee: AFET
Amendment 72 #
Proposal for a regulation
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.
2016/10/31
Committee: AFET
Amendment 75 #
Proposal for a regulation
Recital 18
(18) To ensure that the asylum support teams or the experts deployed from the asylum intervention pool are able to perform their tasks effectively with the means necessary, the European Union Agency for Asylum should be able to acquire or lease its own technical equipment. This should, however, not affect the obligation of Member States to supply the necessary facilities and equipment for the Agency to be able to provide the required operational and technical assistance. Any acquisition or leasing of equipment should be subject to a thorough needs and cost/benefit analysis by the Agency.deleted
2016/10/31
Committee: AFET
Amendment 76 #
Proposal for a regulation
Recital 19
(19) For Member States that are faced with specific and disproportionate pressure onAs a matter of national sovereignty, it is for Member States to determine 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 abusedin operation within their respective territories.
2016/10/31
Committee: AFET
Amendment 82 #
Proposal for a regulation
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 asIn 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 Commission and the other relevant Union agencies.
2016/10/31
Committee: AFET
Amendment 84 #
Proposal for a regulation
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 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.deleted
2016/10/31
Committee: AFET
Amendment 87 #
Proposal for a regulation
Recital 22
(22) The European Union Agency for Asylum shouldmust cooperate with the European Migration Network, established by Council Decision 2008/381/EC10, to ensure synergies and avoid duplication of activities. __________________ 10 Decision of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).
2016/10/31
Committee: AFET
Amendment 88 #
Proposal for a regulation
Recital 23
(23) The European Union Agency for Asylum shouldmust cooperate with international organisations, in particular the United Nations High Commissioner for Refugees (UNHCR) in matters covered by this Regulation in the framework of working arrangements so as to benefit from their expertise and support. To that end, the roles of UNHCR and the other relevant international organisations should be fully recognised and those organisations should be involved in the work of the Agency. The working arrangements should receive the Commission's prior approval.
2016/10/31
Committee: AFET
Amendment 91 #
Proposal for a regulation
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 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.deleted
2016/10/31
Committee: AFET
Amendment 106 #
Proposal for a regulation
Recital 46
(46) The competence to take decisions by Member States' asylum authoritienational sovereignty of Member States provides their sole authorities with competences to take decisions on individual applications for international protection remains with Member Statesand on migration issues as a whole.
2016/10/31
Committee: AFET
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1
1. The European Union Agency for Asylum (the Agency) shall ensure the efficient and uniform applicinformation of Union asylum law in Member States. It shall facilitate the implementation and improve the functioning of the Common European Asylum System (CEAS), and it shall be responsible for enabling convergence in the assessment of applications for international protection across the Union, taking into account the sovereignty of each Member State.
2016/10/31
Committee: AFET
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 3
3. The European Union Agency for Asylum shall be the new name for the European Asylum Support Office established by Regulation (EU) No 439/2010 of the European Parliament and of the Council. The activities of the Agency shall henceforth be based on this Regulation.
2016/10/31
Committee: AFET
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) assist Member States on training of experts from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum;deleted
2016/10/31
Committee: AFET
Amendment 116 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
(e) draw up and regularly update reports and other documents providing for information on countries of origin at the level of the Unionreport on progress made to Parliament and the Member States;
2016/10/31
Committee: AFET
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 1 – point l
(l) monitor and assess the implementation of the CEAS as well as the asylum and reception systems of Member States;deleted
2016/10/31
Committee: AFET
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 3
3. The Agency may engage in communication activities on its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraphs 1 and 2, and shall be carried out in accordance with the relevant communication and dissemination plans adopted by the Management Board.deleted
2016/10/31
Committee: AFET
Amendment 129 #
Proposal for a regulation
Article 3 – paragraph 1
1. The Agency and the Member States’ asylum authorities, national immigration and asylum services and other national services shall be subject to a duty to cooperate in good faith and an obligation to exchange information.
2016/10/31
Committee: AFET
Amendment 133 #
Proposal for a regulation
Article 3 – paragraph 2
2. The Agency shall work closely with the Member States' asylum authorities, with national immigration and asylum services and other national services and with the Commission. The Agency shall carry out its duties without prejudice to those assigned to other relevant bodies of the Union and shall work closely with those bodies and withprovide support to the United Nations High Commissioner for Refugees (UNHCR).
2016/10/31
Committee: AFET
Amendment 134 #
Proposal for a regulation
Article 3 – paragraph 3
3. The Agency shall organise, promote and coordinate activities enabling the exchange of information among Member States, including through the establishment of networks as appropriate. For those purposes, the Agency and the Member States' asylum authorities, national immigration and asylum services and other national services shallmay share, in a timely and accurate manner, all necessary information in a timely manner.
2016/10/31
Committee: AFET
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 3
3. The Agency shall ensure the rapid exchange of relevant information amongst Member States and with the Commission. It shall also submit, in a timely and accurate manner, the results of its analysis to the Management Board.deleted
2016/10/31
Committee: AFET
Amendment 142 #
Proposal for a regulation
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. No personal data shall be stored in such databases, unless such data has been obtained by the Agency from documents that are publicly accessible, in constant liaison with the competent authorities of the Member States.
2016/10/31
Committee: AFET
Amendment 144 #
Proposal for a regulation
Article 5 – paragraph 3 – point b
(b) national law and legal developments in the field of asylum, including case lawrespect for the national sovereignty of Member States;
2016/10/31
Committee: AFET
Amendment 145 #
Proposal for a regulation
Article 5 – paragraph 3 – point c
(c) relevant case law of the Court of Justice of the European Union and of the European Court of Human Rights.deleted
2016/10/31
Committee: AFET
Amendment 158 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
(a) make use of all relevant sources of information, including its information analysis 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;
2016/10/31
Committee: AFET
Amendment 166 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) develop a common format and a common methodology including terms of reference, in line with the requirements of Union law on asylum, for developing reports and other products with information on countries of origin at the level of the Union.deleted
2016/10/31
Committee: AFET
Amendment 168 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) submit queries to the Agency related to specific questions of fact that may arise from applications for international protection, without prejudice to confidentiality rules as established in national law. while also ensuring that the activities of Member States’ security services are not hindered;
2016/10/31
Committee: AFET
Amendment 173 #
Proposal for a regulation
Article 10 – paragraph 2
2. The Executive Director shall, after consulting the Commission, submit that common analysis to the Management BoardParliament for endorsement. Member States shall be requirinvited to take that common analysis into account when examining applications for international protection, without prejudice to their competence for deciding on individual applications.
2016/10/31
Committee: AFET
Amendment 176 #
Proposal for a regulation
Article 10 – paragraph 3
3. The Agency shall ensure that the common analysis is kept constantly under review and updated to the extent necessary. Any such revision shall likewise require prior consultation of the Commission and endorsement by the Management Boarregularly updated.
2016/10/31
Committee: AFET
Amendment 178 #
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
4. The Member States shall, on a monthly basis, submit to the Agency relevant information on the decisions taken in relation to applicants for international protection originating from third countries subject to the common analysis. That information shall, in particular, include:
2016/10/31
Committee: AFET
Amendment 179 #
Proposal for a regulation
Article 10 – paragraph 4 – point c
(c) statistics on the number of decisions taken in relation to applicants from each country of origin which is the subject of the common analysis but where that common analysis was not followed and the reasons for not following it.deleted
2016/10/31
Committee: AFET
Amendment 186 #
Proposal for a regulation
Article 12 – paragraph 1
1. The Agency shall organise and coordinate activities promoting a correct and effective implementation of Union law, including through the development of operational standards, indicators, guidelines or best practices on asylum- related matters, and the exchange of best practices in asylum-related matters among Member States.
2016/10/31
Committee: AFET
Amendment 187 #
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, 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.
2016/10/31
Committee: AFET
Amendment 197 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) monitor the implementation and assess all aspects of the CEAS inassist the Member States, in particularly within the framework of the Dublin system, with reception conditions, asylum procedures, the application of criteria determining protection needs 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;
2016/10/31
Committee: AFET
Amendment 198 #
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;deleted
2016/10/31
Committee: AFET
Amendment 201 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctly.deleted
2016/10/31
Committee: AFET
Amendment 203 #
Proposal for a regulation
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.deleted
2016/10/31
Committee: AFET
Amendment 206 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
For that purpose, Member States shallmay, at the request of the Agency, provide it with the necessary information as regards asylum procedures, 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.
2016/10/31
Committee: AFET
Amendment 208 #
Proposal for a regulation
Article 13 – paragraph 3
3. The Agency shall assess the readiness of Member States to meet challenges from possible disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure and shall assist Member States to prepare and review their contingency planning, where necessary.deleted
2016/10/31
Committee: AFET
Amendment 210 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
The Management Board shall, in consultation with the Commission, 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.
2016/10/31
Committee: AFET
Amendment 211 #
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 five-year period.deleted
2016/10/31
Committee: AFET
Amendment 212 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
The annual work programme shall list the Member States to be monitored the following year in accordance with the multi-annual programming and the thematic assessments. It shall include an indication of what the monitoring shall consist of and a schedule for any on-site visits.deleted
2016/10/31
Committee: AFET
Amendment 213 #
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.deleted
2016/10/31
Committee: AFET
Amendment 215 #
Proposal for a regulation
Article 14 – paragraph 2
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 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.deleted
2016/10/31
Committee: AFET
Amendment 216 #
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.deleted
2016/10/31
Committee: AFET
Amendment 217 #
Proposal for a regulation
Article 14 – paragraph 4
4. The Executive Director, after consultation with the Commission, 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.deleted
2016/10/31
Committee: AFET
Amendment 218 #
Proposal for a regulation
Article 14 – paragraph 5
5. The Member State concerned shall provide the Agency with an action plan within one month from adoption of the recommendations referred to in paragraph 4. That Member State shall report to the Agency on the implementation of the action plan within three months from the adoption of the recommendations and shall thereafter continue to report every month for a maximum of six months.deleted
2016/10/31
Committee: AFET
Amendment 219 #
Proposal for a regulation
Article 14 – paragraph 6
6. The Agency shall inform the Commission on a regular basis of the implementation of the action plan.deleted
2016/10/31
Committee: AFET
Amendment 222 #
Proposal for a regulation
Article 16 – paragraph 1
1. Member States may request the Agency for assistance in implementing their obligations with regard to asylum, in particular when their asylum and reception systems are subject to disproportionate pressure.
2016/10/31
Committee: AFET
Amendment 223 #
Proposal for a regulation
Article 16 – paragraph 2
2. Member States shallmay submit a request for assistance to the Executive Director describing the situation and the purpose of the request. The request shall be accompanied by a detailed assessment of needs. The Executive Director shall evaluate, approve and coordinate requests for assistance. Each shall be subject to a thorough and reliable assessment enabling the Agency to identify and propose a set of measures as referred to in paragraph 3 that can meet the needs of the Member State concerned.
2016/10/31
Committee: AFET
Amendment 229 #
Proposal for a regulation
Article 17 – paragraph 1
1. The Agency shall deploy asylum support teams to Member States, at their request, to provide operational and technical assistance in accordance with Article 16.
2016/10/31
Committee: AFET
Amendment 232 #
Proposal for a regulation
Article 17 – paragraph 4
4. Member States shallmay contribute to the asylum support teams through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles.
2016/10/31
Committee: AFET
Amendment 235 #
Proposal for a regulation
Article 18 – paragraph 1
1. For the purposes of Article 22, the Management Board shall, on a proposal of the Executive Director, set up an asylum intervention pool which shall constitute a reserve of experts placed at the immediate disposal of the Agency. For that purpose, Member States shall, on a yearly basis, make available to the Agency a number of experts of not less than 500 persons.deleted
2016/10/31
Committee: AFET
Amendment 242 #
Proposal for a regulation
Article 19 – paragraph 3
3. Having regard to point (e) of paragraph 2, the host Member State shall authorise experts from the asylum support teams or the asylum intervention pool to consult European databases and it may authorise them to consult its national databases in compliance with Union and national law on access and consultation of those databases, and as necessary to achieve the objectives and perform the tasks outlined in the operational plan.deleted
2016/10/31
Committee: AFET
Amendment 247 #
Proposal for a regulation
Article 21 – paragraph 1
1. Where a Member State requests operational and technical reinforcement by migration management support teams as referred to in Article 17 of Regulation No XXX/XXX or where migration management support teams are deployed at hotspot areas as referred to in Article 18 of Regulation No XXX/XXX, the Executive Director shall ensure coordination of the Agency’s activities in the migration management support teams withand the Commission and withsupport teams for other relevant Union agencies, in particular, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States.
2016/10/31
Committee: AFET
Amendment 249 #
Proposal for a regulation
Article 22 – paragraph 1
1. Where the asylum and reception systems of a Member State are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems, the Agency shall, at the request of the Member State concerned or on its own initiative, organise and coordinate a comprehensive set of operational and technical measures as referred to in Article 16 and deploy experts from the asylum intervention pool referred to in Article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time.
2016/10/31
Committee: AFET
Amendment 251 #
Proposal for a regulation
Article 22 – paragraph 3
3. Where in the event of disproportionate pressure on the asylum or reception systems a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure, or where it does not comply with the Commission's recommendations referred to in Article 15(3), thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the CEAS, the Commission may adopt a decision by means of an implementing act, identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.deleted
2016/10/31
Committee: AFET
Amendment 252 #
Proposal for a regulation
Article 22 – paragraph 4
4. For the purposes of paragraph 3, the Executive Director shall, within two working days from the date of adoption of the Commission decision, determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision. In parallel, the Executive Director and the Member State concerned shall agree on the operational plan.deleted
2016/10/31
Committee: AFET
Amendment 254 #
Proposal for a regulation
Article 22 – paragraph 5
5. The Agency shall, without delay and in any case within three working days from date of establishment of the operational plan, deploy the necessary experts from the asylum intervention pool, as well as experts from its own staff. Where necessary, the deployment of experts from the asylum intervention pool shall be immediately complemented by asylum support teams.deleted
2016/10/31
Committee: AFET
Amendment 255 #
Proposal for a regulation
Article 22 – paragraph 6
6. The Member State concerned shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan.deleted
2016/10/31
Committee: AFET
Amendment 256 #
Proposal for a regulation
Article 23 – paragraph 1
1. Without prejudice to the obligation of Member States to supply the necessary facilities and equipment for the Agency to be able to provide the required operational and technical assistance, the Agency may deploy its own equipment to Member States to the extent that this may be needed by the asylum support teams or the experts from the asylum intervention pool and insofar as this may complement equipment already made available by the Member States or other Union agencies.deleted
2016/10/31
Committee: AFET
Amendment 258 #
Proposal for a regulation
Article 23 – paragraph 2
2. The Agency may acquire or lease technical equipment by decision of the Executive Director, in consultation with the Management Board. Any acquisition or leasing of equipment shall be preceded by a thorough needs and cost/benefit analysis. Any such expenditure shall be provided for in the Agency's budget as adopted by the Management Board and in accordance with the financial rules applicable to the Agency.deleted
2016/10/31
Committee: AFET
Amendment 259 #
Proposal for a regulation
Article 25 – paragraph 4
4. The Executive Director may authorise the coordinating officer to assist in resolving any disputes concerning the implementation of the operational plan and the deployment of asylum support teams or experts from the asylum intervention pool., under the supervision of the State in which he or she is intervening;
2016/10/31
Committee: AFET
Amendment 260 #
Proposal for a regulation
Article 25 – paragraph 5
5. In discharging his or her duties, the coordinating officer shall take instructions only from the Executive Director. and the authorities of the Member State in which he or she is intervening;
2016/10/31
Committee: AFET
Amendment 264 #
Proposal for a regulation
Article 28 – paragraph 1 – point e
(e) the Agency's technical equipment;deleted
2016/10/31
Committee: AFET
Amendment 265 #
Proposal for a regulation
Article 28 – paragraph 1 – point f
(f) experts' fees.deleted
2016/10/31
Committee: AFET
Amendment 267 #
Proposal for a regulation
Article 29 – paragraph 1
1. The Agency may take all necessary measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, the relevant Union agencies.deleted
2016/10/31
Committee: AFET
Amendment 269 #
Proposal for a regulation
Article 30 – paragraph 2
2. The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the appointment of a Data Protection Officer of the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor and in collaboration with the Member States’ relevant services.
2016/10/31
Committee: AFET
Amendment 270 #
Proposal for a regulation
Article 30 – paragraph 4
4. The transfer of personal data processed by the Agency and the onward transfer by Member States to authorities of third countries or third parties, including international organisations, of personal data processed in the framework of this Regulation shall be prohibiauthorised within the framework of security measures taken by Member Stateds.
2016/10/31
Committee: AFET
Amendment 273 #
Proposal for a regulation
Article 32 – paragraph 3
3. The personal data shall be deleted as soon as they have been transmitted to the European Agency for the Management of Operational Cooperation at the External Borders of the Member States, Europol or Eurojust or to the competent authorities of Member States or used for information analysis on the situation of asylum. The storage period shall in any case not exceed 30 days after the date on which the Agency collects or receives those data. In the result of the information analysis on the situation of asylum, data shall not allow for the identification of a natural person at any time.
2016/10/31
Committee: AFET
Amendment 294 #
Proposal for a regulation
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 havewith the right to vote.
2016/10/31
Committee: AFET
Amendment 298 #
Proposal for a regulation
Article 40 – paragraph 1 – point b
(b) adopt the annual budget of the Agency by a majority of two-thirds of members entitled to vote and exercise other functions in respect of the Agency's budget pursuant to Chapter 10; accept the principle of its budget being controlled by Parliament’s finance committee;
2016/10/31
Committee: AFET
Amendment 299 #
Proposal for a regulation
Article 40 – paragraph 1 – point q
(q) adopt, having requested the opinion of the Commission, the programming document in accordance with Article 41;deleted
2016/10/31
Committee: AFET
Amendment 300 #
Proposal for a regulation
Article 40 – paragraph 1 – point y
(y) set up and decide on the profiles and overall numbers of experts to be made available for the asylum support teams in accordance with Article 17(3);deleted
2016/10/31
Committee: AFET
Amendment 301 #
Proposal for a regulation
Article 40 – paragraph 1 – point aa
(aa) adopt a strategy for relations with third countries or international organisations concerning matters for which the Agency is competent, as well as a working arrangement with the Commission for its implementation;deleted
2016/10/31
Committee: AFET
Amendment 304 #
Proposal for a regulation
Article 43 – paragraph 4
4. The Management Board shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of its Chairperson, at the request of the Commission, or at the request of one- third of its members.
2016/10/31
Committee: AFET
Amendment 306 #
Proposal for a regulation
Article 49 – paragraph 3 – point b
(b) Union funding in the form of delegation agreements or ad hoc grants in accordance with its financial rules referred to in Article 53 and with the provisions of the relevant instruments supporting the policies of the Union;deleted
2016/10/31
Committee: AFET
Amendment 307 #
Proposal for a regulation
Article 54 – paragraph 3
3. The Agency shall be independent in relation to operational and technical matters.deleted
2016/10/31
Committee: AFET
Amendment 310 #
Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 1
No later than threone years from the day of entry into force of this Regulation, and every fivetwo years thereafter, the CommissionEuropean Parliament shall commission an evaluation to assess, in particular, the Agency's performance in relation to its objectives, mandate and tasks. That evaluation shall cover the Agency's impact on practical cooperation on asylum-related matters and on the CEAS. The evaluation shall take due regard of progress made, within its mandate, including assessing whether additional measures are necessary to ensure effective solidarity and sharing of responsibilities with Member States subject to particular pressure.
2016/10/31
Committee: AFET
Amendment 311 #
Proposal for a regulation
Article 66 – paragraph 2
2. The Commission shall send the evaluation report together with its conclusions on the report to the European Parliament, the Council and the Management Board. The findings of the evaluation shall be made public.
2016/10/31
Committee: AFET
Amendment 312 #
Proposal for a regulation
Article 66 – paragraph 3
3. On the occasion of every second evaluation, the CommissionParliament shall consider whether continuation of the Agency is justified with regard to its objectives, mandate and tasks and it may propose that this Regulation be amended accordingly or repealed.
2016/10/31
Committee: AFET