BETA

55 Amendments of Marie-Christine VERGIAT related to 2016/0225(COD)

Marie-Christine VERGIAT

Proposal for a regulation
Recital 4

(4) On 15 December 2015, the Commission addressed a Recommendation for a Voluntary Humanitarian Admission Scheme with Turkey29 to the Member States and Associated States recommending that participating States admit persons displaced by the conflict in Syria who are in need of international protection. According to the EU-Turkey Statement of 18 March 2016 a Voluntary Humanitarian Admission Scheme will be activated once irregular crossings between Turkey and the EU are ending or at least have been substantially and sustainably reduced. Member States will contribute on a voluntary basis to this scheme. _________________ 29deleted C(2015) 9490.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Recital 5

(5) According to the EU-Turkey Statement of 18 March 2016 all new irregular migrants crossing from Turkey into Greek islands as from 20 March 2016 would be returned to Turkey. For every Syrian being returned to Turkey from Greek islands, another Syrian will be resettled from Turkey to the Union taking into account the United Nations Vulnerability Criteria. In May 2016, the Member States and Dublin Associated States and Turkey reached a common understanding on Standard Operating Procedures guiding the implementation of this resettlement scheme.deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Recital 10

(10) In order to help reduce the risk of a large-scale irregular inflow of third- country nationals and stateless persons to the territory of the Member States, show 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, and help achieve the Union’s foreign policy objectives, the regions or third countries from which resettlement is to occur should fit in a tailored engagement with third countries to better manage migration as foreseen in the Commission’s Communication of 7 June 2016 on Establishing a new Partnership Framework with third countries under the European Agenda on Migration32. _________________ 32deleted COM(2016) 377 final.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Recital 16

(16) The resettlement procedure should be concluded as soon as possible in order to ~~discourage~~protect persons in need of international protection ~~to use irregular ways~~and reduce the risks they take to enter the European Union to seek 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.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
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.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Recital 21

(21) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, implementing powers should be conferred on the Council for establishing the annual Union resettlement plan, fixing the maximum 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 priorities.deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Recital 22

(22) These powers should be exercised on a proposal from the Commission on the maximum total number of persons to be resettled and overall geographical priorities. The Commission should make its proposal simultaneously with its proposal on 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-Level Resettlement Committee.deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Recital 23

(23) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, the Commission should be empowered to establish 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 annual Union Resettlement plan. 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 annual Union resettlement plan and whenever necessary during the period covered by the annual Union resettlement plan. The Commission should take into account the discussions within the High-Level Resettlement Committee. _________________ 34deleted OJ L 55, 28.2.2011, p. 13.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
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 maximum number of persons to be resettled under the annual Union resettlement plan.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1

This Regulation establishes a Union Resettlement Framework for the ~~admission~~selection, admission and transfer of third-country nationals and stateless persons to the territory of the Member States with a view to granting them international protection.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 3 – paragraph 3 – point b

(b) contribute to the reduction of the risk ~~of a large-scale irregular inflow of~~s taken by third-country nationals and stateless persons in need of international protection to reach the territory of the Member States;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) the ~~number of 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~~global resettlement needs shown in the UNHCR Global Resettlement Needs document, which identifies the most vulnerable refugees in need of resettlement across the world;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 4 – paragraph 1 – point c

(c) the ~~Union’s ov~~generall ~~rel~~situation~~s with~~ of the third ~~country or~~ countries from which resettlement occurs, ~~and with third countries in general~~in particular the human rights, migrant rights and right to asylum situation in these countries;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 4 – paragraph 1 – point d

(d) a third country’s effective cooperation with the Union in the area of migration and asylum, including: (i) reducing the number of third-country nationals and stateless persons irregularly crossing the border into the territory of the Member States coming from that third country; (ii) creating the conditions for the use of the first country of asylum and safe third country concepts for the return of asylum applicants who have irregularly crossed the border into the territory of the Member States coming from or having a connection with the third country concerned; (iii) increasing the capacity for the reception and protection of persons in need of international protection staying in that country, including through the development of an effective asylum system; ou (iv) increasing the rate of readmission of third-country nationals and stateless persons irregularly staying in the territory of the Member States such as through the conclusion and effective implementation of readmission agreements;deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 4 – paragraph 1 – point e

~~(e) the scale and content of commitments to resettlement undertaken by third countries.~~deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 5 – paragraph 1 – point a – introductory part

(a) (i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, religion, sex, gender identity, sexual orientation, religion, nationality, political opinion or membership of a particular social group, are outside the country of nationality or the part of that country in which they formerly habitually resided, and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, for the same reasons as mentioned above, are unable or, owing to such fear, unwilling to return to or stay in it, or, failing that,

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – introductory part

(i) vulnerable persons, including:

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 2

– children and adolescents at risk, in~~cluding~~ particular unaccompanied children;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6 a (new)

– persons at risk of refoulement

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – indent 1

– the spouse or unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to that of married couples under its law relating to third-country nationals or stateless persons;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
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;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
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;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – indent 4

– the sibling or siblings, uncles or aunts of the third- country nationals or stateless persons to be resettled;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
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 for assistance, in particular 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~~;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 5 – paragraph 2

Member States shall ensure that family unity can be maintained ~~between persons referred to in point (b)(ii)~~.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 6 – paragraph 1 – point a – introductory part

(a) persons for wh~~om there are reasonable grounds for considering~~ich it has been established in a fair trial that:

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 6 – paragraph 1 – point a – point i

(i) ~~they have committed a~~ crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 6 – paragraph 1 – point a – point ii

~~(ii) they have committed a serious crime;~~deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) persons for whom there are reasonable grounds for considering that they are a danger to the community, public policy, security, public health or the international relations of the Member State examining the resettlement file, including where a second Member State has required the Member State examining the resettlement file to consult that second Member State during the examination in relation to specific third-country nationals or stateless persons or specific categories of third-country nationals or stateless persons, that second Member State has objected to their resettlement on these grounds;deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 6 – paragraph 1 – point c

~~(c) persons for whom an alert has been issued in the Schengen Information System or in a national database of a Member State for the purposes of refusing entry;~~deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 6 – paragraph 1 – point d

~~(d) persons who have irregularly stayed, irregularly entered, or attempted to irregularly enter the territory of the Member States during the five years prior to resettlement;~~deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

(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, oror as part of a national resettlement scheme; and

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 6 – paragraph 1 – point f – paragraph 1

~~persons whom Member States have during the last five years prior to resettlement refused to resettle in accordance with this paragraph.~~deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 6 – paragraph 2

2. Third-country nationals or stateless persons may be excluded from targeted Union resettlement schemes established in accordance with Article 8, where one of the grounds for exclusion referred to in points (a) or (b) of paragraph 1 applies prima facie.deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 7 – paragraph 1

1. ~~On the basis of a proposal from the Commission, the Council shall adopt an~~The Commission may adopt delegated acts every two years, on the basis of consultations with the High-Level Resettlement Committee and with regard to the annual ~~Union~~ resettlement ~~plan in the year preceding that in which it is to be implemented.~~ needs predicted by the UNHCR, establishing an EU resettlement plan in line with the conditions set out under Article 14.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 7 – paragraph 2 – point -a (new)

(–a) the predicted global resettlement needs as shown in the UNHCR Global Resettlement Needs document;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 7 – paragraph 2 – point a

(a) the ~~maximum total~~targeted minimum number of persons to be resettled, which should be the equivalent of at least 25% of the predicted global resettlement needs;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 7 – paragraph 2 – point c

(c) overall geographical priorities, in line with the UNHCR Global Resettlement Needs document.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 8 – paragraph 1

1. The Commission ~~shall~~may adopt ~~implementing~~delegated acts establishing targeted Union resettlement schemes ~~consistent with the annual Union resettlement plan adopted pursuant to Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in~~pursuant to Article 14 and in conformity with the Union resettlement plan adopted under Article ~~15(2)~~7.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 8 – paragraph 2 – point a

(a) a detailed justification for the targeted Union resettlement scheme as defined in Article 7(a), (b) and (d);

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 8 – paragraph 2 – point b

(b) the precise number of persons to be resettled from the ~~max~~targeted minimum total number as set out in the annual 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;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 8 – paragraph 2 – point d

(d) where necessary, local coordination and practical cooperation arrangements among Member States, supported by the UNHCR and the [European Union Agency for Asylum] in accordance with Article 12(3), and with third countries, ~~and UNHCR~~ or other partners;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 8 – paragraph 2 – point e

(e) a description of the specific group or groups of third-country nationals or stateless persons on the basis of the UNHCR Global Resettlement Needs document to whom the targeted Union resettlement scheme shall apply;

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
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~~.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 10 – paragraph 2

2. After identifying third-country nationals or stateless persons, Member States shall register the following information of those for whom they intend to conduct the resettlement procedure: (a) the name, date of birth, gender, nationality and other personal details (b) the fingerprints of all fingers and a facial image of every third-country national or stateless person of at least six years of age; (c) the type and number of any identity or travel document of the third-country national; and (d) the date of the registration, the place where the registration is made, and the authority making the registration. Additional data necessary for the implementation of paragraphs 3 and 4 may also be collected at the time of registration.deleted

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1

Member States shall assess whether the third-country nationals or the stateless persons ~~referred to in paragraph 2~~ meet the eligibility criteria set out in Article 5 and whether they are not excluded in accordance with Article 6(1).

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2

Member States shall make that assessment on the basis of documentary evidence in particular, including, where applicable, information from UNHCR on whether the third-country nationals or the stateless persons qualify as refugees or on the basis of a personal interview or a combination of both.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 10 – paragraph 8 – introductory part

8. For the purpose of implementing the ordinary procedure, prior to identifying third-country nationals or stateless persons, Member States may request UNHCR~~, or where applicable, [the European Union Agency for Asylum]~~ or relevant international bodies to refer to them third- country nationals or stateless persons in relation to whom those entities have fully assessed:

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 10 – paragraph 9

~~9. The Commission shall be empowered to adopt~~ delegated acts in accordance with the procedure laid down in Article 14 to supplement the elements referred to in paragraphs 1 to 4, in order to adapt the resettlement procedure to the circumstances in the third country from which resettlement takes place where necessary.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 12 – paragraph 1

1. To facilitate the implementation of the targeted Union resettlement schemes, Member States shall appoint national contact points and may decide to appoint liaison officers in third countries. Member States may be assisted by [The European Union Agency for Asylum], and, if need be, use existing structures for operational cooperation on resettlement.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 12 – paragraph 2

2. The UNHCR and[The European Union Agency for Asylum] may support Member States, including by coordinating technical cooperation between them, assisting them in the implementation of targeted Union resettlement schemes and facilitating the sharing of infrastructure in accordance with [Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation)39]. _________________ 39OJ L […], […], p. […]. 39 OJ L […], […], p. […].

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 12 – paragraph 3

3. To implement targeted Union resettlement schemes, and in particular to conduct pre-departure orientation programmes, fit-to-travel medical checks, travel arrangements and other practical arrangements, Member States may be assisted by partners, and in particular the UNHCR and relevant international organisations, in accordance with local coordination and practical cooperation arrangements for targeted Union resettlement schemes established in accordance with point (d) of Article 8(2).

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
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. [The UNHCR, [the European Union Agency for Asylum,] ~~UNHCR, and IOM may~~and the IOM and other relevant civil society organisations must 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 annual Union resettlement plan.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 13 – paragraph 2

2. The High-Level Resettlement Committee shall be chaired by the Commission. It shall meet whenever necessary at the invitation of the Commission or at a request of a Member State and shall meet at least once a year. The Commission must also look out for any indications by the UNHCR or other civil society organisations – in particular the relevant international organisations – that resettlement needs have changed.

2017/04/06
Committee: AFET

Marie-Christine VERGIAT

Proposal for a regulation
Article 18 – paragraph 1

1. By 31 December 2018, and every year thereafter, the Commission shall report to the European Parliament and the Council on the application of this Regulation in the Member States. The Commission shall report to the UNHCR on the contribution of the EU and its Member States towards meeting global resettlement needs.

2017/04/06
Committee: AFET