49 Amendments of Ska KELLER related to 2018/0153(COD)
Amendment 45 #
Proposal for a regulation
Recital 2
Recital 2
(2) The sharp increase of mixed migratory flows in 2015 and 2016 has put under pressure migration, asylum and border management systems and callarrivals of asylum seekers and migrants in 2015 and 2016 has shown the need for a coordinated and effective European response.
Amendment 50 #
Proposal for a regulation
Recital 3
Recital 3
(3) The objective of Union policy in the field of migration is to replace irregular and uncontrolled flows with safe and well-managed pathwaysand asylum should aim at ensuring safe and legal access to the Union for asylum seekers and provide for well-managed pathways for regular channels for migrant workers, students and family reunification through a comprehensive approach addressing all aspects of immigration.
Amendment 54 #
Proposal for a regulation
Recital 4
Recital 4
(4) Respecting human rights standardshould remains a fundamental principle of the Union in addressing the migration crisist the core of migration and asylum policies at Union level. The Union is committed to protect the human rights and fundamental freedoms of all migrants, regardless of their migratory status, in full compliance with international law.
Amendment 59 #
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure the effective implementation of the Union policies on immigrationmigration and asylum policies in all their aspects, consistent dialogue and cooperation should be pursued with key third countries of origin and transit of migrants and asylum seekerson the global level. Such cooperation should provide for better management of immigration, including departures and returns, mobility partnerships, the development of regular channels for asylum and migration, returns and reintegration, contribute to the stabilregularisation of migrants' flowarrivals, support capacity to gather and share information, and prevent and counter migrant smuggling and trafficking in human beings, as well as ensuring asylum seekers' access to protection.
Amendment 62 #
Proposal for a regulation
Recital 6
Recital 6
(6) In light of the increasing demand for intelligence andquantitative data and qualitative information to support evidence-based policy making and operational responses, there is a need for immigration liaison officers to ensure that their insight and knowledge contribute fully to the establishment of a comprehensive situational picture on third countries.
Amendment 66 #
Proposal for a regulation
Recital 7
Recital 7
(7) The deployment of the current European Migration Liaison Officers to the key third countries of origin and transit, as called upon by the conclusions of the special meeting of the Heads of States and Governments on 23 April 2015, was a first step towards enhancing the engagement with third countries on migration-related issues and stepping up coordination with immigration liaison officers deployed by Member States. Building on this experience, longer- term deployments of immigration liaison officers by the Commission to third countries are to be foreseen to support development, implementation and to maximise the impact of Union action on migration.
Amendment 67 #
Proposal for a regulation
Recital 8
Recital 8
(8) The objective of this Regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by Member States, the Commission and Union Agencies in order to respond more effectively to the EU priorities of prevenomoting and combatting illegal immigration and related cross- border criminality such ashuman rights- based migration and asylum policies, ensuring a better management of migration, gradually substituting irregular migration with adequate regular channels for asylum and migration, ensuring access to international protection, resettlement, humanitarian visas and other channels for asylum seekers to seek protection in the Union, and supporting management of legal migration, including for migrant workers and their families, for students and for family reunification, preventing and combatting smuggling of migrants and trafficking in human beings, facilitating dignified and human rights-based return, readmission and reintegration activities, contributing to integrated management of Union's external borders, as well as supporting management of legal immigration, including in the area of international protection, resettlement and pre-departure integration measures undertaken by Member States and the Union.
Amendment 78 #
Proposal for a regulation
Recital 13
Recital 13
(13) Joint deployment of liaison officers should be promoted with the aim of enhancing operational cooperation and information sharing between Member States, as well as to respond to the needs at Union level, as defined by the Steering Board. Joint deployment, by at least twohree Member States, shouldmay be supported by the Union funds whencouraging engagement and providing added value to all Member States, and in particular those with smaller or no liaison networks in third countries.
Amendment 80 #
Proposal for a regulation
Recital 14
Recital 14
(14) Special provisions should be made for a wider Union capacity building action for immigration liaison officers, through a development, in cooperation with relevant Union Agencies, of common core curricula and pre-deployment training courses, in particular on fundamental rights, and for supporting the reinforcement of the operational capacity of networks of immigration liaison officers.
Amendment 82 #
Proposal for a regulation
Recital 15
Recital 15
(15) Networks of immigration liaison officers should avoid duplicating the work of Union Agencies and other Union instruments or structures and should bring an added value to what they already achieve in terms of collecting and exchanging qualitative and quantitative information in the area of immigration, in particular by focusing on operational aspects. They should act as facilitators and providers of information from third countries to support Union Agencies in their functions and tasks, in particular where Union Agencies have not yet established coopIn particular, they should collect information on the general human rights situation in the third country on the basis of the obligations set out by Union law and internative relations with third countries. Closer cooperation between networkonal instruments in the field of human rights. They should act as facilitators and providers of immigrnformation liaison officers and relevant Union Agencies should be established to that effectfrom third countries to support Union policies.
Amendment 83 #
Proposal for a regulation
Recital 16
Recital 16
(16) Member States authorities should ensure that strategic and operational analytical products of the Union Agencies in relation to illegal immigration, return, cross-border criminality or international protection and resettlementnternational protection and resettlement, regular migration, irregular migration, return and reintegration and cross-border criminality effectively reach immigration liaison officers in third countries and that the information providcollected by immigration liaison officers is shared with the relevant Union Agencies – in particular the European Border and Coast Guard Agency, Europol and the European Union Asylum Agency within the scope of their respective legal frameworks.
Amendment 86 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 89 #
Proposal for a regulation
Recital 18
Recital 18
(18) Information collected by immigration liaison officers should support the implementation of the technical and operational European integrated border management referred to in Article 4 of the Regulation (EU) No 2016/1624 of the European Parliament and of the Council17 and contribute to the development and maintenance of the national border surveillance systems in line with Regulation (EU) No 1052/2013 of the European Parliament and of the Council18 . _________________ 17 Regulation (EU) No 2016/1624 of the European Parliament and of the Council on the European Border and Coast Guard and amending Regulation (EU) 2016/299 of the European Parliament and of the Council and repealing Regulation (EC) No 836/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1- 76). 18 Regulation (EU) No 1052/2016 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11-26).
Amendment 90 #
Proposal for a regulation
Recital 19
Recital 19
(19) It should be possible to use the available resources of the Regulation (EU) No 515/2014 of the European Parliament and of the Council19 to support the activities of a European network of immigration liaison officers as well as to pursue with the deployment of joint immigration liaison officers by Member States when this would bring an added value for Union policies on migration and asylum. _________________ 19 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p.143).
Amendment 91 #
Proposal for a regulation
Recital 20
Recital 20
(20) Any processing and transferring of personal data by Member States within the framework of this Regulation should be conducted in accordance withfull respect of Regulation (EU) No 2016/679 of the European Parliament and of the Council20 and with the national provisions transposing Directive 2016/68021 . The Commission and Union Agencies should apply Regulation (EC) No 45/2001 of the European Parliament and of the Council22 when processing personal data. _________________ 20 Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p.1). 21 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 22 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 008, 12.1.2001, p.1).
Amendment 93 #
Proposal for a regulation
Recital 21
Recital 21
(21) The processing of personal data within the framework of this Regulation should bestrictly be allowed only for the purposes of rendering assistance to returning third-country nationals and facilitating the resettlement of persons in need of international protection and implementing Union measures in respect of the admission of legal immigrants. A legal framework that recognises the role of immigration liaison officers in tor the admission to the Union of persons in need of humanitarian protection, and implementing Union measures in respect of the admission of migrants under regular migration channels, including mobility partnerships context is therefore necessaryand family reunification.
Amendment 95 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 99 #
Proposal for a regulation
Recital 23
Recital 23
(23) Immigration liaison officers may need to process personal data to facilitate return operintegration of returning third-country nationals. The third countries of return are not often subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679, or under Article 36 of Directive (EU) 2016/680, and have often not concluded or do not intend to conclude a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should be transferred by immigration liaison officers for the purposes of implemenfacilitating the return opeintegrations of the Unionreturning third-country nationals, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680 are met.
Amendment 101 #
Proposal for a regulation
Recital 24
Recital 24
(24) In the interest of the persons concerned, immigration liaison officers should only be able to process personal data of persons in need ofseeking international protection subject toor humanitarian protection, of persons who have applied for resettlement and of persons wishing to migrate legally in the Union in order to confirm their identity and nationalityprovide them with the adequate assistance in terms of pre- departure orientation and support.
Amendment 103 #
Proposal for a regulation
Recital 25
Recital 25
(25) Since the objectives of this Regulation, which are to optimise utilisation of immigration liaison officers deployed by Member States, Commission and EU Agencies to third countries in order to more effectively implement Union priorities regarding preventing and combatting illegal immigration, facilitatingof promoting human rights- based migration and asylum policies, ensuring a better management of migration, gradually substitute irregular migration with adequate regular channels for asylum and migration, ensuring access to international protection, resettlement, humanitarian visas and other channels for asylum seekers to seek protection in the Union, and supporting management of legal migration, including for migrant workers and their families, for students and for family reunification, preventing and combatting smuggling of migrants and trafficking in human beings, facilitating dignified and human rights-based return, readmission and reintegration activities, contributing to integrated management of Union’'s external borders, as well as supporting management of legal immigration or international protection schemesnd pre-departure integration measures undertaken by Member States and the Union, cannot be sufficiently achieved by the Member States alone but are better achieved through coordination at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 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 116 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) a representative of one of the Member States, deployed abroad by the immigration service , law enforcement or other competent authorities in order to establish and maintain contacts with the authorities of a third country with a view to contributing to the prevention and combating of illegal imrregular migration, the return of illegalrregularly staying third-country nationals and the management of legal immigration ;
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) the liaison officers deployed abroad by the Commission in order to establish and maintain contacts with the authorities of the third country on immigration- related issues;
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
(c) the liaison officers deployed abroad by the Union Agencies as referred to in their respective legal basis and dealing with immigration-related issues;
Amendment 134 #
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) ways and means to assist the authorities in third countries in preventing illegal immigration flows originating from or transiting through their territoriesoviding the adequate orientation and support to persons being resettled or admitted for humanitarian reasons to the Union or for persons migrating to the European Union for work, studies or family reunification;
Amendment 138 #
Proposal for a regulation
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) ways and means to facilitate the dignified and human-rights compliant return, readmission and effective reintegration ;
Amendment 139 #
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) asylum seekers' access to effective protection in the third country and conditions of reception, including information on detention of asylum seekers and conditions of such detention;
Amendment 144 #
Proposal for a regulation
Article 3 – paragraph 2 – point h a (new)
Article 3 – paragraph 2 – point h a (new)
(h a) the general human rights situation in the third country on the basis of the obligations set out by Union law and international instruments in the field of human rights;
Amendment 145 #
Proposal for a regulation
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) possible legal immigration strategies and channelsto be promoted and existing channels or channels to be developed between the Union and third countries, including resettlement, humanitarian visas and other protection tools as well as skills and labour market needsmobility partnerships, labour migration, visas for students and family reunification;
Amendment 147 #
Proposal for a regulation
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) pre-departure measures available to immigrants in countries of origin or host third countries that support successful integration upon legal arrival in Member States;
Amendment 148 #
Proposal for a regulation
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) capacity, capability, political strategipractices, legislation and legal practices of third countries relevant to the issues referred to in points (a) to (j) .
Amendment 150 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Immigration liaison officers shall coordinate among themselves and with relevant stakeholders the provision of their capacity building activities, in particular on fundamental rights, to authorities and other stakeholders in third countries.
Amendment 153 #
Proposal for a regulation
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) establishing the identity of illegally staying third-country nationals and facilitating their return in accordance with the Directive 2008/115/EC nsuring the effective reintegration of returning third-country nationals;
Amendment 154 #
Proposal for a regulation
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) confirming identity and facilitating the resettlement of persons in need of international protection in the Union or the admission of persons seeking humanitarian protection in the Union by providing them with adequate pre-departure orientation, information and support;
Amendment 156 #
Proposal for a regulation
Article 3 – paragraph 4 – point c
Article 3 – paragraph 4 – point c
(c) confirming identity and facilitatingfacilitating the establishment and implementation of Union measures in respect of the admission of legal immigrantsproviding for adequate channels for legal migration, including provision of information, pre-departure orientation and support for migrant workers, students and family members being admitted to the Union.
Amendment 163 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) exchange information and practical experience, in particular at meetings and via the secure web-based information exchange platform provided for in Article 9;
Amendment 166 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) attend joint specialised training courses, when appropriatein particular on fundamental rights;
Amendment 169 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the Member States in the third country, in particular on fundamental rights, when appropriate;
Amendment 175 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Steering Board shall be composed of one representative of each Member State, two representatives of the Commission, one representative of the European Border and Coast Guard Agency, one representative of Europol and, one representative of European Union Asylum Agency and one representative of the European Union Agency for Fundamental Rights. The Steering Board members shall be appointed on the basis of their relevant experience and expertise in managing liaison officers networks.
Amendment 188 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) support the development of capability of immigration liaison officers, including through developing common core curricula, pre-deployment training, in particular on fundamental rights, and the organisation of joint seminars on subjects as referred to in Article 3(2);
Amendment 190 #
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
Amendment 192 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 194 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Immigration liaison officers and members of the Steering Board shall ensure that all relevant anonymised information and statistics are uploaded and exchanged via the secure web-based information exchange platform set up and maintained by the Commissionmade public. That information shall include at least the following elements:
Amendment 197 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 198 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an updated list of immigration liaison officers deployed to third countries, including their names, locations, telephone numbers and email addresses;
Amendment 199 #
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
Amendment 200 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 203 #
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
Amendment 205 #
Proposal for a regulation
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) passenger lists for return flights to third countriefrom the Union to a third country with a view of ensuring effective access to reintegration measures for returning third-country nationals;
Amendment 206 #
Proposal for a regulation
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) biometric or biographic data to confirm identity and nationality ofprovide support and orientation to third- country nationals for the purposes of legal migration admission and resettlement of third- country nationals in need of international protection.