71 Amendments of Judith SARGENTINI related to 2016/0225(COD)
Amendment 125 #
Proposal for a regulation
Recital 4
Recital 4
Amendment 128 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 133 #
Proposal for a regulation
Recital 8
Recital 8
(8) Building on the existing initiatives, a stable and reliable Union Resettlement Framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with annual Union resettlement plans and targeted Union resettlement schemes which effectively deliver on Member States' concrete commitments. The Union Resettlement Framework should be based on humanitarian needs, contribute to meeting the global resettlement needs and alleviate protracted refugee situations.
Amendment 143 #
Proposal for a regulation
Recital 9
Recital 9
(9) Such a framework is a necessary part of a well-managed migration policy to reduce divergences amongincrease and complement national resettlement practices and procedures, provide for the legal and safe arrival to the territory of the Member States of third- country nationals and stateless persons in need of international protection, help reduce the risk of a large-scale irregularpoorly managed inflow of third-country nationals and stateless persons to the territory of the Member States and thereby reducing the pressure of spontaneous arrivals on the Member States' asylum systems, be. Such a framework might serve as an expression of solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, help achieve Union's foreign policy objectives by increasing the Union's leverage vis-à-visaiming at alleviating protracted refugee situations in third countries, and effectively contribute to global resettlement initiatives through speaking with one voice in international fora and with third countries.
Amendment 145 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) When allowing for the resettlement of Internally Displaced People (IDPs), Member States should first and foremost respect the right of internally displaced people to return to their places of origin and should, under no circumstance, resettle internally displaced people as a means of achieving Union's or national foreign policy objectives.
Amendment 148 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 159 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to reduce divergences among the national resettlement practices and procedures, common standard procedures and common eligibility criteria and exclusionineligibility grounds for the selection should be laid down, as well as a common protection status to be granted to resettled persons.
Amendment 163 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
Amendment 164 #
Proposal for a regulation
Recital 12
Recital 12
(12) The common standard procedures should build on the existing resettlement experience and standards of the Member States and UNHCR, in particular the Standard Operating Procedures guidingAnnual Tripartite Consultations on Resettlement (ATCR), with the aimplementation of the resettlement scheme with Turkey set of gradually scaling up Member States' collective resettlement efforts to reach at least 25% of the global resettlement needs as out lin the EU- Turkey Statement of 18 March 2016ed in UNHCRs annual Projected Global Resettlement Needs. The Union Resettlement Framework should allow the use of two types of standard resettlement procedures.
Amendment 176 #
Proposal for a regulation
Recital 15
Recital 15
(15) An expedited procedure should be established with the same level of security checks as in the ordinary procedure. However, in the expedited procedure, thend assessment of the international protection needs of third-country nationals or stateless persons should be limited to an assessment of their eligibility for subsias in the ordinary protection without assessing their qualification for refugee statuscedure.
Amendment 182 #
Proposal for a regulation
Recital 16
Recital 16
(16) The resettlement procedure should be concluded as soon as possible in order to discourage persons in need of international protection to use irregular ways to enter the European Union to seekensure expedited access to the European Union for persons in need of international protection. At the same time it should ensure that Member States have sufficient time for a full and adequate examination of each case. The time-limits should correspond to what is necessary to make the different types of assessment foreseen for the ordinary and expedited procedure.
Amendment 186 #
Proposal for a regulation
Recital 17
Recital 17
(17) Any personal data collected for the purpose of the resettlement procedure should be stored for a maximum period of five years from the date of resettlement. Given that third-country nationals or stateless persons who have already been resettled by one Member State or who during the last five years refused to resettle to a Member State should be excluded from resettlement to another Member State, that period should be considered a necessary period for the storage of personal details, including fingerprints and facial images.
Amendment 194 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 205 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure uniform conditions for the implementationsupplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty ofn the Union Resettlement Framework, implementing powersFunctioning of the European Union should be conferrdelegated ton the Council formmission in respect of establishing the multiannual Union resettlement plan, fixing the maxinimum total number of persons to be resettled, the details about the participation of the Member States in the plan and their contributions to the total number of persons to be resettled, as well as overall geographical prioritiespriorities concerning persons in most urgent need of protection. .
Amendment 209 #
Proposal for a regulation
Recital 22
Recital 22
(22) These powers should be exercised on a proposaldelegated act from the Commission on the maxinimum total number of persons to be resettled and overall geographical prioritiespriorities concerning persons in most urgent need of protection. The Commission should mtake its proposal simultaneously withnto account the discussions within the High-Level Resettlement Committee and align its proposal onwith the draft Union annual budget. The Council should aim to adopt the proposal within two months. The Commission and the Council should take into account the discussions within the High-LeveAnnual Tripartite Consultations on Resettlement (ATCR), with the aim of gradually scaling up Member States' collective resettlement efforts to reach at least 25% of the global resettlement needs as outlined in UNHCRs annual Projected Global Resettlement CommitteeNeeds. .
Amendment 214 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, the Commission should be empowered toby establishing targeted Union resettlement schemes laying down the precise number out of the total number of persons to be resettled and participation of the Member State, consistent with the multiannual Union Resettlement plan, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers34 . The examination procedure should be used for establishing targeted Union resettlement schemes given that those schemes have substantial implications. The Commission should aim to establish targeted Union resettlement schemes as soon as possible after the adoption of the multiannual Union resettlement plan and whenever necessary during the period covered by the multiannual Union resettlement plan. The Commission should take into account the discussions within the High-Level Resettlement Committee. _________________ 34 and align its implementing act with the outcomes of Annual Tripartite Consultations on Resettlement (ATCR). _________________ 34 OJ L 55, 28.2.2011, p. 13. OJ L 55, 28.2.2011, p. 13.
Amendment 218 #
Proposal for a regulation
Recital 24
Recital 24
(24) Each targeted Union resettlement scheme should determine which standard procedural rules should apply to its implementation. It should in addition set out local cooperation arrangements where and as appropriateand cooperation arrangements with UNHCR to facilitate its implementation.
Amendment 222 #
Proposal for a regulation
Recital 25
Recital 25
(25) Resettled persons should be granted international protection. Accordingly, the provisions on the content of international protection contained in the asylum acquis should apply as of the moment when resettled persons arrive on the territory of the Member States, including the rules to discourage secondary movement of beneficiaries of international protection.
Amendment 243 #
Proposal for a regulation
Recital 31
Recital 31
(31) This Regulation does not affect the ability of the Member States to adopt or implement national resettlement schemes, which do not jeopardise the attainment of the Union’s objectives under this Regulation, for example where they contribute an additional number of resettlement places to targeted Union resettlement schemes established under this Regulation going beyond their contribution to the maxinimum number of persons to be resettled under the multiannual Union resettlement plan.
Amendment 271 #
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) contribute to the reduction of the risk of a large-scale irregular inflow ofensuring expedited access to the European Union for third- country nationals and stateless persons in need of international protection to the territory of the Member Stateand increase Member States' resettlement efforts;
Amendment 282 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the number of vulnerable persons in need of international protection displaced to or within a third country and any onward movement of those persons to the territory of the Member States, in accordance with the global resettlement needs as per the UNHCR Projected Global Resettlement Needs;
Amendment 289 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 293 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 301 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 329 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – point ii
(ii) third-country nationals, who are outside the country of nationality or the part of that country in which they formerly habitually resided, or stateless persons, who are outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, and in respect of whom substantial grounds have been shown for believing that they, if returned to or staying in their country of origin or former habitual residence, would face a real risk of suffering serious harm, and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country;
Amendment 337 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 3
Article 5 – paragraph 1 – point b – point i – indent 3
– survivors of violence and/or torture, including on the basis of gender or sexual orientation;
Amendment 342 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6
Article 5 – paragraph 1 – point b – point i – indent 6
Amendment 351 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – introductory part
Article 5 – paragraph 1 – point b – point ii – introductory part
(ii) in cases where Union law on family reunification, including Council Directive 2003/86/EC, or Member States' national law on family reunification do not apply, family members of third-country nationals or stateless persons or Union citizens legally residing in a Member State:
Amendment 356 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – indent 2
Article 5 – paragraph 1 – point b – point ii – indent 2
– the minor children of couples referred to in the first indent or of third- country nationals or stateless persons to be resettled, on the condition that they are unmarried, regardless of whether they were born in or out of wedlock or adopted as defined under national law;
Amendment 358 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – indent 3
Article 5 – paragraph 1 – point b – point ii – indent 3
– the father, mother or another adult responsible for the unmarried minor to be resettled, whether by law or by the practice of the Member State where the adult is present;
Amendment 362 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – indent 4 a (new)
Article 5 – paragraph 1 – point b – point ii – indent 4 a (new)
– the father or mother, grandmother, grandfather, aunt or uncle of the person to be resettled, regardless of whether the person to be resettled was born in or out of wedlock or adopted as defined under national law;
Amendment 364 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – indent 5
Article 5 – paragraph 1 – point b – point ii – indent 5
– third-country nationals or stateless persons to be resettled who are dependent on their child or, parent or other family member for assistance as a result of pregnancy, a newborn child, serious illness, severe disability or old age, provided that family ties existed in the country of origin, that the child or parent is able to take care of the dependent person and that the persons concerned expressed their desire in writing;
Amendment 367 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 368 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 373 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Grounds for exclusionineligibility
Amendment 375 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The following third-country nationals or stateless persons shall be excluded fromnot be eligible for targeted Union resettlement schemes established in accordance with Article 8:
Amendment 376 #
Proposal for a regulation
Article 6 – paragraph 1 – point a – introductory part
Article 6 – paragraph 1 – point a – introductory part
(a) persons for whom there are proven reasonable grounds for considering that:
Amendment 380 #
Proposal for a regulation
Article 6 – paragraph 1 – point a – point ii
Article 6 – paragraph 1 – point a – point ii
(ii) they have committed a serious non- political crime;
Amendment 385 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 388 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 395 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 401 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) persons who have already been resettled by another Member State in the implementation of this Regulation, the Conclusions of the Representatives of the Governments of the Member States meeting within the Council 11097/15 of 20 July 2015, the EU-Turkey Statement of 18 March 2016, the Commission Recommendation C(2015) 9490 of 15 December 2015, or a national resettlement scheme; and
Amendment 404 #
Proposal for a regulation
Article 6 – paragraph 1 – point f – paragraph 1
Article 6 – paragraph 1 – point f – paragraph 1
Amendment 409 #
Proposal for a regulation
Article 6 – paragraph 1 – point f – paragraph 2
Article 6 – paragraph 1 – point f – paragraph 2
Amendment 411 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 418 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Amendment 421 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. On the basis of a proposal from the Commission, the Council shall adopt an The Commission shall adopt delegated acts, in accordance with Article 14, supplementing this Regulation, in order to establish a multiannual Union resettlement plan in the year preceding that in which it is to be implemented, in accordance with the following paragraphs.
Amendment 424 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The multiannual Union resettlement plan is based on UNHCRs Projected Global Resettlement Needs.
Amendment 425 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The multiannual Union resettlement plan shall include:
Amendment 429 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the maxinimum total number of persons to be resettled;
Amendment 433 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) details about the participation of the Member States in the multiannual Union resettlement plan and their contributions to the total number of persons to be resettled;
Amendment 435 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
Amendment 440 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall adopt implementing actsdelegated acts in accordance with Article 14, supplementing this Regulation, in order to establishing targeted Union resettlement schemes consistent with the multiannual Union resettlement plan, adopted pursuant to Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2), in accordance with paragraph 2.
Amendment 443 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the precise number of persons to be resettled from the maxinimum total number as set out in the multiannual Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme;
Amendment 447 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the non-exhaustive specification of the regions or third countries from which resettlement is to occur as referred to in Article 4;
Amendment 451 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) a description of the specific group or groups of third-country nationals or stateless persons to whom the targeted Union resettlement scheme shall apply, according to the vulnerability criteria established by UNHCR;
Amendment 458 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The resettlement procedures laid down in Articles 10 and 11 shall apply to third- country nationals or stateless persons who have given their consent to be resettled and have not subsequently withdrawn their consent, including refusing resettlement to a particular Member State.
Amendment 466 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. After identifying third-country nationals or stateless persons, and only upon their arrival on the territory of a Member State, Member States shall register the following information of those for whom they intend to conduct the resettlement procedure:
Amendment 469 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the name, date of birth, gender, nationality and other personal details
Amendment 470 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 473 #
Proposal for a regulation
Article 10 – paragraph 2 – point d – paragraph 2
Article 10 – paragraph 2 – point d – paragraph 2
Amendment 477 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Member States shall make that assessment on the basis of documentary evidence, including, where applicable, information from UNHCR on whether the third-country nationals or the stateless persons qualify as refugees orand on the basis of a personal interview or a combination of both.
Amendment 481 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall take a decision on the resettlement of third-country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than eightsix months from their registration. Member States may extend that time-limit of eightsix months by a period of not more than four two months, where complex issues of fact or law are involved.
Amendment 489 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a negative decision is taken, no resettlement of the person concerned shall occur to the Member State that has made the decision and any data stored shall be erased. The grounds for rejection shall be notified to UNHCR or other organisations that made the submission for follow-up as appropriate.
Amendment 492 #
Proposal for a regulation
Article 10 – paragraph 7 – point a
Article 10 – paragraph 7 – point a
(a) grant refugee status where the third- country national or the stateless person concerned qualifies as a refugee or subsidiary protection status where the third-country national or the stateless person concerned is eligible for subsidiary protection. For third- country nationals or stateless persons who do not qualify as a refugee or falling within the scope of Article 1D of the 1951 Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees ("UNHCR"), a status equivalent to refugee status has to be provided by the Member State. The Member State shall notify the third-country national or the stateless person concerned of that decision. The decision to grant refugee status or subsidiary protectionequivalent status shall have the same effect as a decision to grant refugee status or to grant subsidiary protection status referred to in Articles 13 and 19 of Regulation (EU) No XXX/XXX [Qualification Regulation], once the person concerned has entered the territory of a Member State;
Amendment 506 #
Proposal for a regulation
Article 11 – paragraph 1 – point 1
Article 11 – paragraph 1 – point 1
Amendment 509 #
Proposal for a regulation
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
Amendment 513 #
Proposal for a regulation
Article 11 – paragraph 1 – point 3
Article 11 – paragraph 1 – point 3
(3) shall take a decision on resettlement as soon as possible and not later than fourthree months from a third-country national's registration referred to in Article 10(2); the Member States may extend that time-limit of fourthree months by a period of not more than twoone months, where complex issues of fact or law are involved.
Amendment 517 #
Proposal for a regulation
Article 11 – paragraph 1 – point 4
Article 11 – paragraph 1 – point 4
(4) shall grant the third-country nationals or the stateless persons concerned subsidiary protection statusrefugee status where the third-country national or the stateless person concerned qualifies as a refugee or, for third-country nationals or stateless persons who do not qualify as a refugee or falling within the scope of Article 1D of the 1951 Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees ("UNHCR"), a status equivalent to refugee status has to be provided by the Member State. .
Amendment 518 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 527 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A High-Level Resettlement Committee shall be established, composed of representatives of the European Parliament, the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, and the Member States., [Tthe European Union Agency for Asylum,] UNHCR, and IOM may be invited. Representatives of Iceland, Liechtenstein, Norway, and Switzerland shall be invited to attend the meetings of the High-Level Resettlement Committee where they have indicated their intention to be associated with the implementation of the multiannual Union resettlement plan.