Activities of Judith SARGENTINI related to 2018/0248(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund
Amendments (35)
Amendment 18 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Asylum, Migration and MiIntegration Fund
Amendment 19 #
Proposal for a regulation
Recital 1
Recital 1
(1) In the context of the evolving migratory challenges characterised by the need to support strong reception, asylum, integration and migration systems of Member States, prevent and adequately handle situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways, investing in efficient and coordinated migration management in the Union is key to realising the Union’s objective of constituting an area of freedom, security and justice pursuant to Article 67(2) of the Treaty on the Functioning of the European UnionThe Union’s objective to constitute an area of freedom, security and justice should be achieved, inter alia, through common measures framing a policy on asylum and immigration, based on solidarity between Member States, which is fair towards third countries and their nationals.
Amendment 22 #
Proposal for a regulation
Recital 3
Recital 3
Amendment 25 #
(4) In order to support efforts to ensure a comprehensive approach to management of migration grounded on mutual trust, solidarity and responsibility sharing among Member States and Union institutions, with the objective of ensuring a common sustainable Union policy on asylum and immigration, Member States should be supported by adequate financial resources in the form of the Asylum, Migration and MiIntegration Fund (hereinafter referred to as ‘the Fund’).
Amendment 32 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Fund should support the efficient management of migration flows, inter alia by promoting common measures in the area of asylum, including Member States’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between Member States, supporting integration strategies and a more effective legal migration policy, so as to ensure the Union’s long-term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy. The Fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection, avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries.
Amendment 37 #
Proposal for a regulation
Recital 8
Recital 8
(8) The migration crisis highlighted the need to reform the Common European Asylum System to ensure that efficient asylum procedures to prevent secondary movements, to provide uniform It is appropriate to support and improve the efforts made by Member States to fully and properly implement the Union asylum acquis, in particular to grandt appropriate reception conditions for applicants for international protection, uniform standards for the granting of international protection and appropriate rights and benefito displaced persons and applicants for, and beneficiaries of, international protection. At the same time, the reform was needed to put in place a, to ensure the correct determination of status, to apply fairer and more effective asystem of determining Member States’ responsibility for applicants for international protection as well as a Union framework for Member States’ resettlement efforts. Therefore, it is appropriate for the Fund tolum procedures and to promote good practice in the field of asylum, so as to protect the rights of persons requiring international protection and enable Member States’ asylum systems to work efficiently. The Fund will therefore provide increased support to Member States’ efforts to fully and properly implement the reformed Common European Asylum System.
Amendment 45 #
Proposal for a regulation
Recital 12
Recital 12
(12) Considering the high levels of migration flows to the Union in the last years and the importance of ensuring the cohesion of our societies, it is crucial to support Member States’ policies for early integration of legally staying third-country nationals, including in the priority areas identified in the Action Plan on Integration of third-country nationals adopted by the Commission in 2016.
Amendment 46 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to increase efficiency, achieve the greatest Union added value and to ensure the consistency of the Union’s response to foster the integration of third-country nationals, actions financed under the Fund should be specific and complementary to actions financed under the European Social Fund Plus (ESF+) and the European Regional Development Fund (ERDF). Measures financed under this Fund should support measures tailor-made to the needs of third-country nationals that are generally implemented in the early stage of integration, and horizontal actions supporting Member States’ capacities in the field of integration, whereas interventions for third-country nationals with a longer-term impact should be financed under the ERDF and ESF+To improve and reinforce the integration process in European societies, the Fund should facilitate legal migration to the Union in accordance with the economic and social needs of Member States and anticipate the preparation of the integration process already in the country of origin of the third-country nationals coming to the Union.
Amendment 49 #
Proposal for a regulation
Recital 14
Recital 14
(14) In this context, the authorities of the Member States responsible for the implementation of the Fund should be required to cooperate and establish coordination mechanisms with theorder to be efficient and achieve the greatest added value, the Fund should pursue a more targeted approach, in support of consistent strategies specifically designed to promote the integration of third-country nationals at national, local and/or regional level, where appropriate. Those strategies should be implemented mainly by local or regional authorities and non-state actors, while not excluding national authorities, identified by Member States for the purpose of the management of the interventions of the ESF+ and of the ERDF and wherever necessary with their managing authorities and with the managing authorities of other Union funds contributing to the integration of third-country nationalsn particular where the specific administrative organisation of a Member State would so require, or where, in a Member State, integration actions fall within a competence shared between the State and decentralised administration. The implementing organisations should choose the measures most appropriate to their particular situation from a range of measures available.
Amendment 55 #
Proposal for a regulation
Recital 20
Recital 20
(20) An efficient return policy is an integral part of the comprehensive migration approach the Union and its Member States pursue. The Fund should support and encourage efforts by the Member States with a view to the effective implementation and further development of common standards on return, with an emphasis on voluntary returns, in particular as set out in Directive 2008/115/EC of the European Parliament and of the Council15 , ,and of an integrated and coordinated approach to return management. For sustainable return policies, the Fund should equally support related measures in third countries, such as the reintegration of returnees. _________________ 15 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 63 #
Proposal for a regulation
Recital 24
Recital 24
(24) Readmission agreements and other arrangements are an integral component of the Union return policy and a central tool for the efficient management of migration flows, as they facilitate the swift return of irregular migrants. Those agreements and arrangements are an important element in the framework of the dialogue and cooperation wiThe fund may contribute to the implementation of readmission agreements and other arrangements with third countries, provided that these agreements and arrangements have been concluded respecting both the interests of the Union and the third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and Union level.states concerned, in particular taking into account third states' reintegration capacities;
Amendment 66 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 69 #
Proposal for a regulation
Recital 26
Recital 26
(26) The employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes. The Fund should therefore support Member States, either directly or indirectly, in their implementation of Directive 2009/52/EC of the European Parliament and of the Council16 which prohibits the employment of illegally staying third-country nationals and provides for sanctions against employers who infringe that prohibition. It also includes protective elements such as the right of irregularly employed third country nationals to lodge complaints and claim back their wages. The fund should support the implementation of the latter, as these protective elements have not been implemented sufficiently (COM(2014) 286 final Implementation Report of Directive 2009/52/EC). _________________ 16 Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).
Amendment 76 #
Proposal for a regulation
Recital 30
Recital 30
(30) Measures in and in relation to third countries supported through the Fund should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s development policies, in particular respecting policy coherence for development, external action and foreign policy in respect of the country or region in question and the Union international commitments. In relation to the external dimension, the Fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union's migration policy.
Amendment 81 #
Proposal for a regulation
Recital 35
Recital 35
(35) These initial amounts should form a basis for Member States’ long-term investments. To take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third-country nationals, and counter irregular migration through efficient, rights compliant and sustainable return policy, an additional amount should be allocated to the Member States at mid-term taking into account the absorption rates. This amount should be based on the latest available statistical data as set out in Annex I to reflect the changes in the baseline situation of Member States.
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Asylum, Migration and MiIntegration Fund (‘the Fund’).
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The policy objective of the Fund shall be to contribute to an efficient management of migration flows in line with the relevant Union acquis and in compliance with the Union’s commitments on fundamental rights, in particular the right to asylum, enshrined in the European Union Charter of Fundamental rights.
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to contribute to countering irregular migration via the opening of legal pathways of migration and ensuring effectiveness and sustainability of return and readmission in third countries. for both returnees and countries of origin.
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) to enhance solidarity and responsibility-sharing between the Member States, in particular towards those most affected by migration and asylum flows, including through practical cooperation.
Amendment 100 #
Proposal for a regulation
Article 5 – paragraph 1 – indent 4 a (new)
Article 5 – paragraph 1 – indent 4 a (new)
- Foresees a redress mechanism for individuals who consider that their fundamental rights have been violated,
Amendment 101 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The European Union shall not conclude agreements with third countries that infringe fundamental rights of migrants.
Amendment 116 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Commission shall ensure that the European Union Agency for Asylum, the European Union Agency for Fundamental Rights and the European Border and Coast Guard Agency are associated to the process of developing the programmes at an early stage, as regards the areas of their competence. The Commission shall consult the European Border and Coast Guard Agency and the European Union Agency for Asylum on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the Member States.
Amendment 119 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission may associate the European Union Agency for Asylum, the European Union Agency for Fundamental Rights and European Border and Coast Guard Agency in monitoring and evaluation tasks as referred to in Section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the Fund are compliant with the relevant Union acquis and agreed Union priorities.
Amendment 122 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Further to a monitoring exercise as carried out in accordance with Regulation (EU) [ ../..] [EUAA Regulation] or the adoption of recommendations in accordance with Regulation (EU) No 1053/2013 which are within the scope of this Regulation, the Member State concerned shall examine, together with the Commission, and where relevant with the European Union Agency for Asylum, the European Union Agency for Fundamental Rights and the European Border and Coast Guard Agency, how to address the findings, including any shortcomings or issues of capacity and preparedness, and shall implement the recommendations through its programme.
Amendment 129 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Member States using operating support shall comply with the Union acquis on asylum and return and fundamental rights.
Amendment 131 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall justify in the programme and in the annual performance report as referred to in Article 30 the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall, with the European Union Agency for Asylum, the European Union Agency for Fundamental Rights and the European Border and Coast Guard Agency in line with Article 13, assess the baseline situation in the Member States which have indicated their intention to use operating support. The Commission shall take into account the information provided by those Member States and, where relevant, the information available in the light of the monitoring exercises, as carried out in accordance with Regulation (EU) ../.. [EUAA Regulation] and Regulation (EU) No 1053/2013, which are within the scope of this Regulation.
Amendment 141 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under the Fund, the assessment of the impact of returns on Third countries and the respect for fundamental rights of migrants.
Amendment 144 #
Proposal for a regulation
Article 30 – paragraph 2 – point h a (new)
Article 30 – paragraph 2 – point h a (new)
(ha) how the respect of fundamental rights of migrants has been guaranteed in the fund's implementation.
Amendment 147 #
Proposal for a regulation
Annex I – point 1 – point b – indent 1
Annex I – point 1 – point b – indent 1
– 340 % for asylum;
Amendment 153 #
Proposal for a regulation
Annex I – point 1 – point b – indent 2
Annex I – point 1 – point b – indent 2
– 350 % for legal migration and integration;
Amendment 155 #
Proposal for a regulation
Annex I – point 1 – point b – indent 3
Annex I – point 1 – point b – indent 3
– 410% for countering irregular migration including returns.
Amendment 184 #
Proposal for a regulation
Annex III – point 4 – point a
Annex III – point 4 – point a
(a) infrastructure for reception or detention, including the possible joint use of such facilities by more than one Member State;
Amendment 187 #
Proposal for a regulation
Annex III – point 4 – point d a (new)
Annex III – point 4 – point d a (new)
(da) assessment of the situation and stability of the countries of origin, and of the absorption capacity at the local level;
Amendment 195 #
Proposal for a regulation
Annex III – point 4 – point k
Annex III – point 4 – point k
(k) cooperation with third countries on countering irregular migration and on effective return and readmission, including in the framework of the implementation of readmission agreements and other arrangements;, provided that these agreements and arrangement duly take into account third states' interest and their absorption capacity for returnees,
Amendment 576 #
Proposal for a regulation
Annex III – point 1 – point c
Annex III – point 1 – point c
(c) the development, monitoring and evaluation of policies and procedures including onthe development, collection, and exchange of information and data,alysis, dissemination of qualitative and quantitative data and statistics on migration and international protection and the development and application of common statistical tools, methods and indicators for measuring progress and assessing policy developments;