27 Amendments of Barbara KUDRYCKA related to 2016/0131(COD)
Amendment 407 #
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 and Member-States, 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.
Amendment 426 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
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 correctlyin accordance with EU law.
Amendment 438 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
For that purpose, Member States 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 and actively support any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.
Amendment 440 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall assess the capacity and readiness of Member States to meet challenges from possiblresent and future 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 443 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. The previous paragraphs are without prejudice to the competences of the European Commission foreseen in the Treaties, including article 258 on the Treaty on the Functioning of the European Union.
Amendment 444 #
Proposal for a regulation
Article 13 – paragraph 3 b (new)
Article 13 – paragraph 3 b (new)
3 b. For the purposes of paragraph 1, the Agency shall receive anonymised data from Eurodac in real time.
Amendment 456 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5
Article 14 – paragraph 1 – subparagraph 5
The Agency, at the request of the Commission, may initiate an exceptional monitoring exercise for the assessment of the asylum or reception systems of a Member State on its own initiativewhenever: (a) there are serious concerns regarding the functioning orf at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State'sny aspect of that Member State's asylum or reception systems; or (b) there are serious concerns regarding the capacity and readiness of Member States to meet challenges from present and future disproportionate pressure on their asylum orand reception systems.
Amendment 466 #
2 a. If an on-site visit reveals serious deficiencies deemed to jeopardize the functioning of the CEAS or to constitute a serious threat to public policy or internal security within the area without internal borders, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.
Amendment 480 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5 a. Upon request of the European Parliament, the Agency shall transmit any document pertaining to the monitoring exercise.
Amendment 490 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. If an on-site visit reveals serious deficiencies deemed to jeopardize the functioning of the CEAS or to constitute a serious threat to public policy or internal security within the area without internal borders, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.
Amendment 493 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Upon request of the European Parliament, the European Commission shall transmit any document pertaining to the monitoring exercise.
Amendment 504 #
Proposal for a regulation
Article 16 – paragraph 3 – point i a (new)
Article 16 – paragraph 3 – point i a (new)
(i a) Assist Member States in ensuring all the necessary safeguards for vulnerable groups are in place;
Amendment 522 #
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 experton the profiles of experts. The Agency may verify whether the experts proposed by the Member States correspond to the defined profiles.
Amendment 528 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. Each Member State shall be responsible for its contribution to the number of experts, as referred to in paragraph 1, in accordance with Annex Ia.
Amendment 529 #
Proposal for a regulation
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3 b. if a situation arises in which more experts are required than provided for under paragraphs 1, the executive director shall immediately inform the European Parliament, the Council and the Commission. He or she shall also call upon the Council to seek commitments from Member States to meet the shortage.
Amendment 566 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where in the event ofasylum or reception systems are rendered ineffective to the extent of jeopardising the functioning of the CEAS because (a) a Member State facing 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(b) a Member State 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.
Amendment 570 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Member State concerned shall comply with the Commission decision referred to in paragraph 3. For that purpose it 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 agreed upon with the executive director.
Amendment 572 #
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7 a. If the Member State concerned does not comply with the Commission decision referred to in paragraph 3 within 30 days and does not cooperate with the Agency as provided for under paragraph 6 of this article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.
Amendment 578 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. The Agency shall be responsible for ensuring the security of its own equipment throughout the life cycle of the equipment.
Amendment 599 #
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3 a. With regard to the processing of personal data under Article 17, the host Member State shall be considered as a data controller in accordance with Union data protection rules.
Amendment 620 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
The Agency shall cooperate with international organisations, in particular UNHCR, in areas governed by this Regulation, within the framework of working arrangements concluded with those bodies, in accordance with the Treaty and the provisions on the competence of those bodies. The Agency can enter into emergency standby agreements with international organizations and non-governmental organizations to complement the Agency operational and technical assistance to Member States, in particular by setting up reception facilities, providing information to asylum seekers or providing for specific needs of vulnerable groups. The Management Board shall decide on the working arrangements which shall be subject to prior approval of the Commission. The Agency shall inform the European Parliament of any such arrangements.
Amendment 642 #
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board from a list of at least three candidates proposed by the Commission, following an open and transparent selection procedure. The Executive Director shall be appointed on the ground of merit and documented high- level administrative and management skills as well as senior professional experience in the field of migration and asylum.
Amendment 645 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. Before appointment, the candidate selected by the Management Boards proposed by the Commission may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. Following such a statement, the European Parliament shall adopt an opinion setting out its views and may indicate a preferred candidate. The Management Board shall appoint the executive director taking these views into account. The management board shall take its decision by a two thirds majority of all member with a right to vote. If the Management board takes a decision to appoint a candidate other than the candidate whom the European Parliament indicated as its preferred candidate, the management board shall inform the European Parliament and the Council in writing of the manner in which the opinion of the European Parliament was taken into account.
Amendment 653 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 654 #
Proposal for a regulation
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
2 a. The deputy executive director shall be appointed by the management board on the proposal of the executive director. The deputy executive director shall be appointed on the grounds of merit and appropriate administrative and management skills as well as senior professional experience in the field of migration and asylum. The executive director shall propose at least three candidates for the post of deputy executive director. The management board shall take its decision by a two thirds majority of all members with a right to vote.
Amendment 677 #
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
1 a. Classified information shall be made available to the European Parliament in accordance with this Regulation. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall comply with the rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
Amendment 684 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)