Activities of Marina ALBIOL GUZMÁN related to 2018/0248(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund
Amendments (50)
Amendment 29 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Fund should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and the Charter of Human Rights, and with the Union’'s international obligations as regards fundamental rights. nd commitments, particularly with regard to achieving the Sustainable Development Goals set out in the United Nations' Agenda 2030, and in compliance with the principle of policy coherence for development;
Amendment 31 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Fund should support the efficient management of migration flows, inter alia by promoting common measures in the area of asylum, including Member States’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between Member States, supporting integraclusion and reception strategies and a more effective legal migration policy, so as to ensure the Union’s long-term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy. The Fund should support the strengthening of cooperation with third countries to reinforce management of flows of in tackling the root causes of migration in countries of origin. The Fund should support the strengthening of cooperation with third countries, based on an approach involving policy coherence for development, respect for human rights and achieving the Sustainable Development Goals in order to improve management of migration flows, including persons applying for asylum or other forms of international protection, avenues on legal migration and to cs well as to open up safe legal rounter irregulas for migration and ensure sustainability of return and effective readmission to third countrietake action against trafficking in migrants.
Amendment 38 #
Proposal for a regulation
Recital 9
Recital 9
(9) The Fund should also complement and reinforce the activities undertaken by the European Union Agency for Asylum (EUAA) established by Regulation (EU)../.. [EUAA Regulation]14 with a view to facilitating and improving the functioning of the common European asylum system, by coordinating and strengthening practical cooperation and information exchange between Member States, promoting Union law and operational standards on asylum in order to ensure respect for human rights and a high degree of uniformity based on high protection standards as regards procedures for international protection, reception conditions and the assessment of protection needs across the Union, enabling a sustainable and fair distribution of applications for international protection, seeking always the best interest in the end of the applicant, facilitate convergence in the assessment of applications for international protection across the Union, support the resettlement efforts of the Member States and provide operational and technical assistance to Member States for the management of their asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.
Amendment 39 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Fund should support the efforts by the Union and the Member States relating to the enhancement of the Member States’ capacity to develop, monitor and evaluate their asylum policies in the light of their obligations under existing Union law and international law based on an all- round approach to respect for human rights.
Amendment 41 #
Proposal for a regulation
Recital 11
Recital 11
(11) Partnerships and cooperation with third countries are an essential component of Union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection. With the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the Member States of third-country nationals or stateless persons, including those in need of international protection, expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries, helping achieve the Union’s migration policy objectives by increasing the Union’s leverage vis-à-visand stepping up cooperation on development with a view to putting an end to the root causes of migration in third countries, and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries, the Fund should provide financial incentives to the implementation of the Union Resettlement [and Humanitarian Admission] Framework.
Amendment 44 #
Proposal for a regulation
Recital 12
Recital 12
(12) Considering the high levels of migration flows to the Union in the last years and the importance of ensuring the cohesion of our societies, it is crucial to support Member States’ policies for early integration of legally stayingreception and inclusion of third-country nationals, including in the priority areas identified in the Action Plan on Integration of third- country nationals adopted by the Commission in 2016.
Amendment 47 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to increase efficiency, achieve the greatest Union added value and to ensure the consistency of the Union’s response to foster the integration of third- country nationals, actions financed under the Fund should be specific and complementary to actions financed under the European Social Fund Plus (ESF+) and the European Regional Development Fund (ERDF). Measures financed under this Fund should support measures tailor-made to the needs of third-country nationals that are generally implemented in the early stage of integrareception, and horizontal actions supporting Member States’ capacities in the field of integratclusion, whereas interventions for third-country nationals with a longer-term impact should be financed under the ERDF and ESF+. Measures and actions financed in third countries should comply with the commitment to policy coherence for development and be designed to accord with the Sustainable Development Goals, using an approach that complements actions financed by the European Development Fund (EDF).
Amendment 50 #
Proposal for a regulation
Recital 14
Recital 14
(14) In this context, the authorities of the Member States responsible for the implementation of the Fund should be required to cooperate and establish coordination mechanisms with the authorities identified by Member States for the purpose of the management of the interventions of the ESF+ and of the ERDF and wherever necessary with their managing authorities and with the managing authorities of other Union funds contributing to the integratreception and inclusion of third- country nationals.
Amendment 52 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 58 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 62 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 68 #
Proposal for a regulation
Recital 25
Recital 25
(25) In addition to supporting the return of persons as provided for in this Regulation, the Fund should also support other measures to counter irregular migration, address incentives for illegal migration or the circumventing of existing legal migration rules, thereby safeguarding the integrity of Member States’ immigration systemception and inclusion of third country nationals or stateless persons in EU Member States, the Fund should also support other measures to counter trafficking in migrants, incentivise and facilitate the setting up of safe legal migration routes in countries of origin, and finance actions addressing the root causes of migration, by strengthening the commitment to achieve the Sustainable Development Goals.
Amendment 71 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 74 #
Proposal for a regulation
Recital 30
Recital 30
(30) Measures in and in relation to third countries supported through the Fund should complement other actions outside the Union supported through the Union’'s external financing instruments, based on an all-round approach of respect for human rights and for the principle of policy coherence for development, and with the goal of tackling the root causes of migration. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreigndevelopment policy in respect of the country or region in question and the Union international commitments. In relation to the external dimension, the Fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union's min order to tackle the causes of migration, including combating poverty, inequality, and climate change and mitigration policy. of its effects.
Amendment 78 #
Proposal for a regulation
Recital 32
Recital 32
(32) A Member State may be deemed not to be compliant with the relevant Union acquis, including as regards the use of operating support under this Fund, if it has failed to fulfil its obligations under the Treaties in the area of asylum and return, if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on asylum and return or if an evaluation report under the Schengen or the European Union Agency for Asylum evaluation and monitoring mechanism has identified deficiencies in the relevant area.
Amendment 79 #
Proposal for a regulation
Recital 34
Recital 34
(34) This Regulation should establish the initial amounts to Member States consisting of a fixed amount and an amount calculated on the basis of criteria laid down in Annex I, which reflect the needs and pressure experienced by different Member States in the areas of asylum, integration and returception.
Amendment 80 #
Proposal for a regulation
Recital 35
Recital 35
(35) These initial amounts should form a basis for Member States’ long-term investments. To take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally stayingclusion and reception of third-country nationals, and counter irregular migration through efficient and sustainable return policytrafficking in migrants, an additional amount should be allocated to the Member States at mid-term taking into account the absorption rates. This amount should be based on the latest available statistical data as set out in Annex I to reflect the changes in the baseline situation of Member States.
Amendment 82 #
Proposal for a regulation
Recital 40
Recital 40
(40) The Fund should contribute to supporting operating costs related to asylum and return and enable Member States to maintain capabilities which are crucial for that service for the Union as a whole. Such support consists of full reimbursement of specific costs related to the objectives under the Fund and should form an integral part of the Member States’ programmes.
Amendment 85 #
Proposal for a regulation
Recital 42
Recital 42
(42) In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressure in one or more Member States characterised by a large or disproportionate inflow of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum and migration management systems and procedures, heavy migratory pressures in third countries due to political developments or conflicts, it should be possible to provide emergency assistance at all times for actions to ensure respect for the human rights of migrants and Member States' compliance with their international commitments concerning, in particular, asylum and refuge, in accordance with the framework set out in this Regulation.
Amendment 88 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 90 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The policy objective of the Fund shall be to contribute to an efficient management of migration flows in line with the relevant Union acquis and in compliance with the Union’s commitments on fundamental rights, human rights and policy coherence for development.
Amendment 92 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to support legalthe creation of safe legal routes for migration to the Member States including to contribute to the integraclusion and reception of third-country nationals;
Amendment 94 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to contribute to countering irregularmbating trafficking in migrationnts and ensuring effectiveness of return and readmisstackling the root causes of migration in third countries.
Amendment 103 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union, and with its commitment concerning development cooperation, respect for human rights and compliance with international law, and is complementary to other Union instruments.
Amendment 112 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall ensure that the priorities addressed in its programme are consistent with, and respond to, the Union priorities and challenges in the area of migration management, asylum and reception and are fully in line with the relevant Union acquis and agreed Union priorities. In defining the priorities of their programmes Member States shall ensure that the implementation measures set out in Annex II are adequately addressed.
Amendment 115 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Commission shall ensure that the European Union Agency for Asylum and the European Border and Coast Guard Agency areis associated to the process of developing the programmes at an early stage, as regards the areas of their competence. The Commission shall consult the European Border and Coast Guard Agency and the European Union Agency for Asylum on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the Member States.
Amendment 118 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission may associate the European Union Agency for Asylum and European Border and Coast Guard Agency in monitoring and evaluation tasks as referred to in Section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the Fund are compliant with the relevant Union acquis and agreed Union priorities.
Amendment 121 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Further to a monitoring exercise as carried out in accordance with Regulation (EU) [ ../..] [EUAA Regulation] or the adoption of recommendations in accordance with Regulation (EU) No 1053/2013 which are within the scope of this Regulation, the Member State concerned shall examine, together with the Commission, and where relevant with the European Union Agency for Asylum and the European Border and Coast Guard Agency, how to address the findings, including any shortcomings or issues of capacity and preparedness, and shall implement the recommendations through its programme.
Amendment 130 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Member States using operating support shall comply with the Union acquis on asylum and return.
Amendment 132 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall justify in the programme and in the annual performance report as referred to in Article 30 the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall, with the European Union Agency for Asylum and the European Border and Coast Guard Agency in line with Article 13, assess the baseline situation in the Member States which have indicated their intention to use operating support. The Commission shall take into account the information provided by those Member States and, where relevant, the information available in the light of the monitoring exercises, as carried out in accordance with Regulation (EU) ../.. [EUAA Regulation] and Regulation (EU) No 1053/2013, which are within the scope of this Regulation.
Amendment 136 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) heavy migratory pressure in one or more Member States characterised by a large or disproportionate inflow of third- country nationals, which places significant and urgent demands on their reception and detention facilities, asylum and migration management systems and procedures;
Amendment 137 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) heavy migratory pressure in third countries, including where persons in need of protection may be stranded due to political developments or conflicts, famines, deep economic crises or natural disasters, notably where it might have an impact on migration flows towards the EU.
Amendment 148 #
Proposal for a regulation
Annex I – point 1 – point b – indent 1
Annex I – point 1 – point b – indent 1
– 340 % for asylum;
Amendment 151 #
Proposal for a regulation
Annex I – point 1 – point b – indent 2
Annex I – point 1 – point b – indent 2
– 340 % for legal migration and integrationthe creation of safe legal migration routes;
Amendment 152 #
Proposal for a regulation
Annex I – point 1 – point b – indent 2
Annex I – point 1 – point b – indent 2
– 30 40% for legal migration and integratclusion;
Amendment 154 #
Proposal for a regulation
Annex I – point 1 – point b – indent 3
Annex I – point 1 – point b – indent 3
– 4020 % for countering irregular migration including returns.the root causes of migration and trafficking in migrants;
Amendment 157 #
Proposal for a regulation
Annex I – point 3 – introductory part
Annex I – point 3 – introductory part
3. The following criteria in the area of legal migrationasylum and integratclusion will be taken into account and shall be weighted as follows:
Amendment 162 #
Proposal for a regulation
Annex II – point 1 – point d
Annex II – point 1 – point d
(d) enhancing solidarity and cooperation with third countries affected by migratory flows, including through resettlement and other legal avenues to protection in the Union as well as partnership and cooperation with third countries for the purpose of managingtackling the root causes of migration.
Amendment 166 #
Proposal for a regulation
Annex II – point 3 – point b
Annex II – point 3 – point b
Amendment 168 #
Proposal for a regulation
Annex II – point 3 – point d
Annex II – point 3 – point d
(d) strengthening cooperation with third countries and their capacities to implement readmission agreements and other arrangements, and enable sustainable returntackle the root causes of migration flows.
Amendment 169 #
Proposal for a regulation
Annex III – point 1 – point a
Annex III – point 1 – point a
(a) the establishment and development of national strategies in asylum, legal migration, integration, return and irregularclusion and combating trafficking in migrationnts;
Amendment 171 #
Proposal for a regulation
Annex III – point 1 – point f
Annex III – point 1 – point f
(f) actions aimed at enhancing awareness of asylum, and integration, legal migration and return policies policies and the benefits of migration among stakeholders and the general public;
Amendment 199 #
Proposal for a regulation
Annex VII – paragraph 1 – introductory part
Annex VII – paragraph 1 – introductory part
Within the specific objective to strengthen and develop all aspects of the Common European Asylum System, including its external dimension, and the specific objective to contribute to countering irregular mi-gration, ensuring effectiveness of return and readmission in third countriesmbating human trafficking, operating support shall cover:
Amendment 200 #
Proposal for a regulation
Annex VIII – part 3
Annex VIII – part 3
Amendment 201 #
Proposal for a regulation
Annex VIII – part 3 – title
Annex VIII – part 3 – title
Amendment 202 #
Proposal for a regulation
Annex VIII – part 3 – point 1
Annex VIII – part 3 – point 1
Amendment 203 #
Proposal for a regulation
Annex VIII – part 3 – point 2
Annex VIII – part 3 – point 2
Amendment 204 #
Proposal for a regulation
Annex VIII – part 3 – point 3
Annex VIII – part 3 – point 3
Amendment 205 #
Proposal for a regulation
Annex VIII – part 3 – point 3 – point a
Annex VIII – part 3 – point 3 – point a
Amendment 206 #
Proposal for a regulation
Annex VIII – part 3 – point 3 – point b
Annex VIII – part 3 – point 3 – point b