31 Amendments of Gérard DEPREZ related to 2016/0131(COD)
Amendment 12 #
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 by adopting a new regulation establishing a single common European asylum system, a new regulation on the conditions that must be met by asylum seekers and through targeted amendments to the directive on reception conditions, 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.
Amendment 15 #
Proposal for a regulation
Recital 4
Recital 4
(4) The European Asylum Support Office was established by Regulation (EU) No 439/2010 of the European Parliament and of the Council 7and 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 with a view to achieving, as soon as possible, a genuine European right to asylum. __________________ 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).
Amendment 19 #
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 roles 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, evaluate and 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 21 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
6a. The European Union Agency for Asylum should be given enough financial resources and staff to guarantee that it is independent and can carry out its duties properly, including, specifically, the Agency’s own staff to set up teams of experts responsible for evaluating and monitoring procedures for asylum and reception systems.
Amendment 22 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 37 #
Proposal for a regulation
Recital 14
Recital 14
(14) The European Union Agency for Asylum, in close cooperation with the Commission and without prejudice to the Commission's responsibility as guardian of the Treaties, should establish a mechanism to monitor and assess the implementation of the CEAS, the compliance by Member States with operational standards, guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of Member States. The monitoring and assessment should be comprehensive and should be based, in particular, on information provided by Member States, 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 and forward it to the Commission and the European Parliament. The Executive Director should, after consultation with the Commission, make draft recommendations to the Member State concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 2
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 and the relevant EU agencies, particularly the European Border and Coast Guard. 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 with the United Nations High Commissioner for Refugees (UNHCR).
Amendment 105 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
For this purpose, the Agency shall work in close collaboration with the European Agency for the Management of Operational Cooperation at the External Borders of the Member StatesBorder and Coast Guard , and shall, in particular, rely on the risk analysis carried out by that Agency so as to ensure the highest level of consistency and convergence in the information provided by both Agencies.
Amendment 158 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall, in close collaboration with the European Border and Coast Guard, 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.
Amendment 160 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
Amendment 165 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
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 fivetwo-year period.
Amendment 172 #
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 European Parliament.
Amendment 246 #
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 fees and the payment of the daily subsistence allowance of experts deployed by Member States to the asylum support teams.
Amendment 397 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Agency shall, at the request of provide the Commission, provide it with information on specific third countries which could be considered for inclusion inor removal from the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX.
Amendment 400 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The European Parliament, the Council or the Commission 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 434 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 a (new)
Article 13 – paragraph 2 – subparagraph 1 a (new)
In order to assist in these duties the agency may conduct unannounced on-site visits without prior notification to the Member State concerned. General guidelines on practical arrangements for such visits shall be established by the Commission in close cooperation with the Member States.
Amendment 453 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
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 fivthree-year period.
Amendment 485 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 501 #
Proposal for a regulation
Article 16 – paragraph 3 – point g
Article 16 – paragraph 3 – point g
(g) assist withperform its tasks and obligations with regards to the relocation or transfer of beneficiaries ofand applicants for international protection within the Union in accordance with the provisions of regulation xxx/xxx [Dublin regulation];
Amendment 507 #
Proposal for a regulation
Article 16 – paragraph 3 – point j a (new)
Article 16 – paragraph 3 – point j a (new)
(j a) provide any additional form of operational and technical assistance requested by the Member State in accordance with paragraph 1
Amendment 523 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Management Board shall, on a proposal of the Executive Director, decide by a three-fourths majority of members with a right to vote on the profiles of experts and on the share that each Member State shall contribute to constitute the asylum intervention pool. The same procedure shall apply to any subsequent changes in the profiles and the overall number of experts.
Amendment 574 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Resettlement assistance provided by the Agency The Agency may provide Member States with resettlement assistance, in particular during the establishment of the EU Resettlement Framework. To that end, the Agency may set up teams of resettlement experts. The arrangements for the provision of assistance by the Agency shall be governed by Regulation (EU) XXX/XXX (EU Resettlement Framework).
Amendment 591 #
Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
Article 31 – paragraph 1 – point e a (new)
(ea) performing its tasks under Regulation (EU) XXX/XXX (EU Resettlement Framework), wherever necessary;
Amendment 596 #
Proposal for a regulation
Article 32 – paragraph 2 – point g a (new)
Article 32 – paragraph 2 – point g a (new)
(ga) performing its tasks under Regulation (EU) XXX/XXX (EU Resettlement Framework), wherever necessary;
Amendment 601 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. In matters related to its activities and, to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to the protection of fundamental rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation, including the EU charter of Fundamental Rights, the 1951 Geneva Refugee Convention and its 1967 protocol, also when carrying out activities on the territory of those third countries.
Amendment 607 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 626 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State, two representatives of the European Parliament and two representatives of the Commission, which shall have the right to vote.
Amendment 639 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. The Mmanagement Bboard may establish an E small-sized executive Bboard, composed of the Chairperson of the Management Board, the two representatives of the Commission toto assist it and the executive director with regard to the preparation of the decisions, programmes and activities to be adopted by the Mmanagement Bboard and three other memberso take certain provisional, urgent decisions on behalf of the Mmanagement Bboard, to assist it and t when necessary. The Eexecutive Director with regard to the preparation ofboard shall not take decisions, the annual and multi-annual programming and activities to be adopted byat must be passed by either a two-thirds or three-quarters majority of the Mmanagement Bboard. WThen necessary, because of urgency, management board may delegate certain clearly defined tasks to the Eexecutive Bboard may take certain provisional decisions on behalf of the Management Board, in particular on administrativ, in particular where this improves the efficiency of the Agency. It may not delegate to the executive board tasks related to decisions that must be passed by either a two-thirds or three-quarters majority of the management matters. board.
Amendment 651 #
Proposal for a regulation
Article 46 – paragraph 5 – point o a (new)
Article 46 – paragraph 5 – point o a (new)
(o a) submitting reports on compliance with the duty to cooperate in good faith to the Management Board and the European Commission in accordance with article 3(4)
Amendment 660 #
Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 2
Article 48 – paragraph 3 – subparagraph 2
Amendment 683 #
Proposal for a regulation
Article 68 – paragraph 2 a (new)
Article 68 – paragraph 2 a (new)
Article XXX shall apply from [Date]