39 Amendments of Notis MARIAS related to 2016/0131(COD)
Amendment 12 #
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
having regard to Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of national Parliaments in the European Union,
Amendment 13 #
Proposal for a regulation
Citation 1 b (new)
Citation 1 b (new)
having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,
Amendment 14 #
Proposal for a regulation
Recital 3
Recital 3
(3) In its Communication of 6 April 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member States responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater 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, fair and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.
Amendment 18 #
Proposal for a regulation
Recital 2
Recital 2
(2) The CEAS is based on common minimum standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress on the CEAS, there are still significant 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.
Amendment 20 #
Proposal for a regulation
Recital 6
Recital 6
(6) The tasks of the European Asylum Support Office should be expanded, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity and fairness as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, monitor the operational and technical application of Union law and standards as regards asylum, support the Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.
Amendment 24 #
Proposal for a regulation
Recital 3
Recital 3
(3) In its Communication of 6 April 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member States responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater 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, non-discriminatory and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.
Amendment 29 #
Proposal for a regulation
Recital 10
Recital 10
(10) The European Union Agency for Asylum should assistct as a support to 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.
Amendment 32 #
Proposal for a regulation
Recital 12
Recital 12
(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX 9should be regularly reviewed by the Commission, as well as in special circumstances, whenever considered necessary. 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 concepts of safe third country, first country of asylum or European safe third country by Member States apply. __________________ 9This list may be different for each category of asylum seeker. __________________ OJ L […]. 9 OJ L […].
Amendment 33 #
Proposal for a regulation
Recital 6
Recital 6
(6) The tasks of the European Asylum Support Office should be expanded, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity and equal treatment as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, monitor the operational and technical application of Union law and standards as regards asylum, support the Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.
Amendment 34 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law. For that purpose, the Agency should assistct as a support to 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.
Amendment 42 #
Proposal for a regulation
Recital 10
Recital 10
(10) The European Union Agency for Asylum should assisct to support 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.
Amendment 46 #
Proposal for a regulation
Recital 19
Recital 19
(19) For Member States that are faced with specific and disproportionate pressure on their asylum and reception systems due, in particular, to their geographical or demographic situation, the European Union Agency for Asylum should support the development of solidarity within the Union and assist in the betterfastest possible relocation of beneficiaries of and applicants for international protection among Member States, while ensuring that asylum and reception systems are not abused.
Amendment 53 #
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 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 without hindering or conflicting with the external policy of Member States, 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 54 #
Proposal for a regulation
Recital 12
Recital 12
(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX9 9should be regularly reviewed by the Commission, as well as in special circumstances, whenever considered necessary. 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 concepts of safe third country, first country of asylum or European safe third country by Member States apply. This list may be different for each category of asylum seeker. __________________ 9 OJ L […].
Amendment 60 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Commission and the Member States should be represented on the Management Board of the European Union Agency for Asylum in order to exercise a policy and political oversight over its workings. The Management Board should, where possible, consist of the operational heads of the Member States' asylum administrations or their representatives. It should be given the necessary powers, in particular to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision-making by the Agency, and appoint an Executive Director and Deputy Executive Director. The Agency should be governed and operated in line with the principles of the Common Approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the European Commission. Its headquarters should be located in a Member State which, because of its geographical location, is more exposed to disproportionate flows of refugees and migrants and consequent pressures.
Amendment 61 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law. For that purpose, the Agency should assistct as a support for 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.
Amendment 63 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 75 #
Proposal for a regulation
Recital 42
Recital 42
(42) Since the objectives of this Regulation, namely the need to facilitate the implementation and improve the functioning of the CEAS, to strengthen practical cooperation and information exchange among Member States on asylum-related matters, to promote Union law and operational standards to ensure a high degree of uniformity and fairness as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, to monitor the operational and technical application of Union law and standards as regards asylum and to provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular to Member States subject to disproportionate pressure on their asylum and reception systems, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 76 #
Proposal for a regulation
Recital 45
Recital 45
(45) Taking into account that Denmark has until now contributed to the practical cooperation between Member States within the area of asylum, the Agency should facilitate operational cooperation with Denmark. To that end, aA Danish representative should be invited to participate in all the meetings of the Management Board, without the right to vote.
Amendment 80 #
Proposal for a regulation
Recital 19
Recital 19
(19) For Member States that are faced with specific and disproportionate pressure on their asylum and reception systems due, in particular, to their geographical or demographic situation, the European Union Agency for Asylum should support the development of solidarity within the Union and assist in the betterfastest possible relocation of beneficiaries of and applicants for international protection among Member States, while ensuring that asylum and reception systems are not abused.
Amendment 81 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 95 #
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 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 without hindering or conflicting with the external policy of Member States, 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 102 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 104 #
Proposal for a regulation
Recital 42
Recital 42
(42) Since the objectives of this Regulation, namely the need to facilitate the implementation and improve the functioning of the CEAS, to strengthen practical cooperation and information exchange among Member States on asylum-related matters, to promote Union law and operational standards to ensure a high degree of uniformity and equal treatment as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, to monitor the operational and technical application of Union law and standards as regards asylum and to provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular to Member States subject to disproportionate pressure on their asylum and reception systems, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 105 #
Proposal for a regulation
Recital 45
Recital 45
(45) Taking into account that Denmark has until now contributed to the practical cooperation between Member States within the area of asylum, the Agency should facilitate operational cooperation with Denmark. To that end, aA Danish representative should be invited to participate in all the meetings of the Management Board, without the right to vote.
Amendment 112 #
Proposal for a regulation
Article 6
Article 6
Amendment 113 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 126 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Agency shall be a centre for gathering objective, 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.
Amendment 131 #
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 Council22, 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. __________________ 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 133 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 140 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall assist the Commission in regularly reviewing, and in reviewing at other times in the event that this is deemed necessary, the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX, including those that have been suspended by the Commission and those that have been removed from that list.
Amendment 205 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Executive Director and the host Member State shall agree on an operational plan. The operational plan shall be binding on the Agency, the host and participating Member States.
Amendment 222 #
Proposal for a regulation
Article 22 – paragraph 4
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.
Amendment 237 #
Proposal for a regulation
Article 26 – paragraph 1
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, thae Agency and the host Member State shall be liable in accordance with its national law for any damage caused by them during their operations.
Amendment 238 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 240 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Without prejudice to the exercise of its rights vis-à-vis third parties, each Member State shall waive all its claims against the host Member State or any other Member State for any damage it has sustained, except in cases of gross negligence or wilful misconduct.
Amendment 241 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Any dispute between Member States or with the Agency relating to the application of paragraphs 21 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 Treaty.
Amendment 243 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Without prejudice to the exercise of its rights vis-à-vis third parties, the Agency shall meet costs relating to damage caused to the Agency's equipment during deployment, except in cases of gross negligence or wilful misconduct.
Amendment 254 #
Proposal for a regulation
Article 56
Article 56