56 Amendments of Eleftherios SYNADINOS related to 2016/0131(COD)
Amendment 25 #
Proposal for a regulation
Recital 9
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.
Amendment 28 #
Proposal for a regulation
Recital 10
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 and certification before their participation in operational activities organised by the Agency.
Amendment 35 #
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 and respect for the corresponding rights of Member States. 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.
Amendment 38 #
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 and any updating of it in relation to operational standards, guidelines and best practices on asylum and to verifymonitor 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 whichtogether with corresponding notification to the Member States involved, and the Board in turn should adopt the report. The Executive Director should, after consultation with the Commission, make draft recommendationproposals to the Member State concerned outlining the necessaryproposed measures to address serious shortcomings , which in turn shall be adopted by the Management Board as recommendations.
Amendment 40 #
Proposal for a regulation
Recital 15
Recital 15
(15) The recommendationproposals 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 extent of 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.
Amendment 42 #
Proposal for a regulation
Recital 17
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.
Amendment 54 #
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 in alignment with the relations of the relevant 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 92 #
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(mα) draw up and distribute a list of legitimate NGOs operating in the asylum sector.
Amendment 94 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Agency may engage in communication activities on its own initiative in the fields within its mandate, at the same time providing information to the Member States concerned. 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.
Amendment 116 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Agency shall develop such training in close cooperation with Member States and, in cooperation with appropriate training entities in the Member States, including academic institutions and other relevant organisations, to which relevant certification shall be granted.
Amendment 135 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Executive Director shall, after consulting the Commission, submit that common analysis to the Management Board for endorsement. Member States shall be required to take that common analysis into account when examining applications for international protection, without prejudice to their competence for deciding on individual applications.
Amendment 147 #
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, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliancealignment 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 152 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) monitor compliancealignment by Member States with operational standards, indicators guidelines and best practices on asylum;
Amendment 154 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) verifyreview 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.
Amendment 159 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall assessreview 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.
Amendment 171 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Executive Director shall transmit the draft report of the team of experts to the Member State concerned, which shall provide its comments on that draft report. The Executive Director shall then submit the draft report, taking into account the comments of the Member State concerned, to the Management Board. The Management Board shall adopt the monitoring report and transmit it to the Commission and the Member State concerned.
Amendment 174 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Executive Director, after consultation with the Commission, shall submit draft recommendationproposals to the Member State concerned outlining the necessaryproposed 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.
Amendment 176 #
Proposal for a regulation
Article 14 – paragraph 5
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 recommendationproposals and shall thereafter continue to report every month for a maximum of six months.
Amendment 180 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where, after the period referred to in Article 14(5), the Member State concerned has not fully implemented the action plansuccessfully addressed the situation that has been created and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission shall, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendationproposals addressed to that Member State outlining the measures needed to remedy the serious shortcomings, and where necessary setting out the measures to be taken by the Agency to support that Member State.
Amendment 183 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Member State concerned shall report to the Commission on the implementation of the recommendations referred to in paragraph 1 within the time-limit set in those recommendations. If after that time-limit, the Commission is not satisfied that the Member State has fully complied with those recommendations, it may take further action in accordance with Article 22(3)measures it is taking to address the situation.
Amendment 193 #
Proposal for a regulation
Article 16 – paragraph 3 – point j a (new)
Article 16 – paragraph 3 – point j a (new)
(ja) provide information on the NGOs that are operating in the area;
Amendment 194 #
Proposal for a regulation
Article 16 – paragraph 3 – point j b (new)
Article 16 – paragraph 3 – point j b (new)
(jb) provide information on individuals who are linked to terrorist organisations or who have carried out criminal acts, following communication with the relevant European departments.
Amendment 201 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. Member States shall ensure that the experts that they contribute have the necessary certifications wherever these are required and match the profiles and numbers decided upon by the Management Board. The duration of deployment shall be determined by the home Member State but it shall not be less than 30 days.
Amendment 204 #
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 211 #
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. The Executive Director shall, after informing the host Member State, suspend or terminate the deployment of the asylum support teams if the conditions to carry out the operational and technical measures are no longer fulfilled or if the operational plan is not respected by the host Member State.
Amendment 213 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the screening of third-country nationals, including their identification, registration, and where requested by Member States, their fingerprinting or the collection of other biometric data;
Amendment 216 #
Proposal for a regulation
Article 22 – paragraph 1
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.
Amendment 218 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 220 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 234 #
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
(b) monitor the correct implementation of the operational planprogress in implementing the operational plan and notify the operational director accordingly;
Amendment 236 #
Proposal for a regulation
Article 25 – paragraph 3 – point d
Article 25 – paragraph 3 – point d
Amendment 248 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The use by the Agency of personal data collected by or transmitted to it by the Member States or by its own staff when providing operational and technical assistance to Member States shall be limited to the name, date of birth, gender, nationality, profession or education, fingerprints or other biometric data and digitised photograph of third-country nationals.
Amendment 250 #
Proposal for a regulation
Article 46 – paragraph 5 – point s
Article 46 – paragraph 5 – point s
Amendment 253 #
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
5. The seat of the Agency shall be MaltaGreece.
Amendment 402 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The Commission and Parliament may request the Agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that Directive are respected.
Amendment 406 #
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, 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 and Parliament, communicate those standards, indicators, guidelines or best practices to the Member States.
Amendment 415 #
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 Parliament, shall establish a mechanism to:
Amendment 430 #
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 after informing the Member State concerned accordingly and after obtaining its agreement.
Amendment 437 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
For that purpose, if Member States agree, they shall, 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.
Amendment 447 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
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 and shall be subject to final approval by Parliament.
Amendment 465 #
Proposal for a regulation
Article 14 – paragraph 2
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 and Parliament 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.
Amendment 470 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Executive Director shall transmit the draft report of the team of experts to the Member State concerned, which shall provide its comments on that draft report. The Executive Director shall then submit the draft report, taking into account the comments of the Member State concerned, to the Management Board. The Management Board shall adopt the monitoring report and transmit it to the Commission and Parliament.
Amendment 476 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Executive Director, after consultation with the Commission, shall submit draft recommendobservations 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 theat 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.
Amendment 477 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Executive Director, after consultation with the Commission, shall submit draft recommendobservations 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 theat 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.
Amendment 479 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Member State concerned shall provide the Agency with an action plan within one month from adoption of the recommendobservations 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 recommendobservations and shall thereafter continue to report every month for a maximum of six months.
Amendment 484 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency shall inform the Commission and Parliament on a regular basis of the implementation of the action plan.
Amendment 492 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Member State concerned shall report to the Commission on the implementation of the recommendobservations referred to in paragraph 1 within the time- limit set in those recommendobservations. If after that time-limit, the Commission is not satisfied that the Member State has fully complied with those recommendations, it may take further action in accordance with Article 22(3) after obtaining the agreement of Parliament and of the Council.
Amendment 541 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If necessary, the Executive Director may send experts from the Agency to assess the situation in the Member State requesting assistance. The Executive Director shall immediately notify the Management Board, Parliament and the Member State of any request for deployment of asylum support teams.
Amendment 542 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Executive Director shall take a decision on the request for deployment of asylum support teams within three working days from the date of receipt of the request. The Executive Director shall at the same time notify the Member State requesting assistance and, the Management Board and Parliament of the decision in writing stating the main reasons for his or her decision.
Amendment 559 #
Proposal for a regulation
Article 22 – paragraph 1
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.
Amendment 561 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The experts of the asylum intervention pool shall be deployed in accordance with the procedure set out in Article 20 provided however that experts shall be deployed from each Member State within three working days from the date on which the operational plan is agreed upon by the Executive Director and the Member State requesting assistance. The Member States may not invoke the exception provided for in Article 17(6). unless there is a Council decision in that regard.
Amendment 562 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The experts of the asylum intervention pool shall be deployed in accordance with the procedure set out in Article 20 provided however that experts shall be deployed from each Member State within three working days from the date on which the operational plan is agreed upon by the Executive Director and the Member State requesting assistance. The Member States may not invoke the exception provided for in Article 17(6) unless they give the Council reasons for their decision to do so.
Amendment 564 #
Proposal for a regulation
Article 22 – paragraph 3
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, after informing the Council and Parliament accordingly and after obtaining their agreement, 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.
Amendment 576 #
Proposal for a regulation
Article 23 – paragraph 2
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. The Court of Auditors shall regularly audit that expenditure.
Amendment 583 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Management Board shall establish detailed rules and update them as necessary as regards the payment of the daily subsistence allowance of experts deployed by Member States to the asylum support teams. The Court of Auditors shall regularly audit that expenditure.
Amendment 619 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Such cooperation shall take place within the framework of working arrangements concluded with those bodies, after having received the Commission's approval. The Agency shall inform the European Parliament and the Council of any such arrangements.