2016/0131(COD) | [ParlTrack]

Proposal for a regulation
Recital 2 a (new)

2a. The CEAS cannot force Member States to change their policy on the reception of refugees or immigrants, as it is a matter over which they have jurisdiction.

Amendment 100 #

Proposal for a regulation
Article 3 – paragraph 2

2. The A~~gency~~ICCII shall work closely with the Member States' asylum authorities, with national immigration and asylum services and other national services ~~and with the Commission~~. The A~~gency~~ICCII shall carry out its duties without prejudice to those assigned to other relevant bodies of the Union and shall work closely with those bodies and with the United Nations High Commissioner for Refugees (UNHCR).

Amendment 101 #

Proposal for a regulation
Article 3 – paragraph 3

3. The A~~gency~~ICCII shall organise, promote and coordinate activities enabling the exchange of information among Member States, including through the establishment of networks as appropriate. For those purposes, the A~~gency~~ICCII and the Member States' asylum authorities, national immigration and asylum services and other national services shall share, in a timely and accurate manner, all necessary information.

Amendment 102 #

Victor NEGRESCU

Proposal for a regulation
Article 3 – paragraph 3

3. The Agency shall organise, promote and coordinate activities enabling the exchange of information among Member States, including through the establishment of networks as appropriate. For those purposes, the Agency and the Member States' asylum authorities, national immigration and asylum services and other national services ~~sha~~will share, in a timely and accurate manner, all necessary information.

Amendment 103 #

Proposal for a regulation
Article 4 – paragraph 1

1. The A~~gency~~ICCII shall gather and analyse information on the situation of asylum in the Union and third countries insofar as this may have an impact on the Union, including up-to-date information on root causes, migratory and refugee flows as well as on any sudden arrivals of large numbers of third-country nationals which may cause disproportionate pressure on asylum and reception systems, with a view to foster quick and reliable mutual information to the Member States and to identify possible risks to the Member States' asylum systems.

Amendment 104 #

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1

The A~~gency~~ICCII shall base its analysis on information provided, in particular, by Member States, relevant Union institutions and agencies, the European External Action Service as well as UNHCR and other international organisations.

Amendment 105 #

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2

For this purpose, the Agency shall work in close collaboration with the European ~~Agency for the Management of Operational Cooperation at the External Borders of the Member States~~Border and Coast Guard , and shall, in particular, rely on the risk analysis carried out by that Agency so as to ensure the highest level of consistency and convergence in the information provided by both Agencies.

Amendment 106 #

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2

For this purpose, the A~~gency~~ICCII shall work in close collaboration with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States, and shall, in particular, rely on the risk analysis carried out by that Agency so as to ensure the highest level of consistency and convergence in the information provided by both Agencies.

Amendment 107 #

Proposal for a regulation
Article 4 – paragraph 3

3. The A~~gency~~ICCII shall ensure the rapid exchange of relevant information amongst Member States and with the Commission. It shall also submit, in a timely and accurate manner, the results of its analysis to the Management Board.

Amendment 108 #

Proposal for a regulation
Article 5 – paragraph 1

1. The A~~gency~~ICCII shall organise, coordinate and promote the exchange of information among ~~Member States and between the Commission and~~ the Member States concerning the implementation of all instruments of Union law on asylum.

Amendment 109 #

Proposal for a regulation
Article 5 – paragraph 2

2. The A~~gency~~ICCII shall create factual, legal and case law databases on the application and interpretation of Union, national and international asylum instruments making use, in particular, of existing arrangements. No personal data shall be stored in such databases, unless such data has been obtained by the Agency from documents that are publicly accessible.

Amendment 11 #

Proposal for a regulation
Recital 2 b (new)

2b. The CEAS should encourage the Member States to be very prudent in their migration policy, in accordance with the precautionary principle.

Amendment 110 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. In particular, the A~~gency~~ICCII shall gather information on the following:

Amendment 111 #

Proposal for a regulation
Article 5 – paragraph 3 – point c

~~(c) relevant case-law of the Court of Justice of the European Union and of the European Court of Human Rights.~~deleted

Amendment 112 #

Proposal for a regulation
Article 6

~~The Agency shall perform its tasks and obligations as set out in Regulation (EU) No XXX/XXX20. __________________ 20 OJ L […].~~Article 6 deleted Support to the Dublin system

Amendment 113 #

Proposal for a regulation
Article 6 – paragraph 1

~~The Agency shall perform its tasks and obligations as set out in Regulation (EU) No XXX/XXX20. __________________ 20~~deleted OJ L […].

Amendment 114 #

Proposal for a regulation
Article 6 – paragraph 1

The A~~gency~~ICCII shall perform its tasks and obligations as set out in Regulation (EU) No XXX/XXX20. __________________ 20OJ L […] 20 OJ L […]

Amendment 115 #

Proposal for a regulation
Article 7 – paragraph 1

1. The A~~gency~~ICCII shall establish and develop training for members of its own staff, members of all national administrations, courts and tribunals, and national services responsible for asylum matters in the Member States.

Amendment 116 #

Proposal for a regulation
Article 7 – paragraph 2

2. The Agency shall develop such training in close cooperation with Member States and, in cooperation with appropriate training entities in the Member States, including academic institutions and other relevant organisations, to which relevant certification shall be granted.

Amendment 117 #

Proposal for a regulation
Article 7 – paragraph 2

2. The A~~gency~~ICCII shall develop such training in close cooperation with Member States and, in cooperation with appropriate training entities in the Member States, including academic institutions and other relevant organisations.

Amendment 118 #

Proposal for a regulation
Article 7 – paragraph 3

3. The A~~gency~~ICCII shall develop general, specific or thematic training tools, which may include ‘train-the-trainers’ methodology and e-learning.

Amendment 119 #

Proposal for a regulation
Article 7 – paragraph 4

4. The A~~gency~~ICCII shall establish and develop a European asylum curriculum taking into account the Union's existing cooperation in that field. Member States shall integrate the common core curriculum in the training of staff of national services and authorities responsible for asylum matters pursuant to their obligation under Article 4(3) of Directive 2013/32/EU of the European Parliament and of the Council21 to ensure proper training of their staff. __________________ 21 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) (OJ L 180, 29.6.2013, p. 60).

Amendment 12 #

Proposal for a regulation
Recital 3

(3) In its Communication of 6 April 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member States responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the asylum system by adopting a new regulation establishing a single common European asylum system, a new regulation on the conditions that must be met by asylum seekers and through targeted amendments to the directive on reception conditions, and to prevent secondary movements, and develop an enhanced mandate for the European Asylum Support Office. That Communication is in line with calls by the European Council on 18 February 2016 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.

Amendment 120 #

Proposal for a regulation
Article 7 – paragraph 5 – point a

(a) international and Union fundamental rights standards, ~~and in particular the provisions of the Charter of Fundamental Rights of the European Union,~~ as well as international and Union law on asylum, including specific legal and case law issues;

Amendment 121 #

Proposal for a regulation
Article 7 – paragraph 5 – point b

(b) issues related to the handling of applications for international protection, in particular those from vulnerable persons with specific needs and children, including as regards the best interests of the child assessment, specific procedural safeguards such as respect of the child's right to be heard and child protection aspects such as age-assessment techniquesw they may be processed swiftly and in an automated fashion;

Amendment 122 #

Proposal for a regulation
Article 7 – paragraph 5 – point c

(c) interview techniques, including ~~special attention given to children, vulnerable groups and victims of torture~~ways to detect lies by refugees inventing stories of persecution to profit from the asylum system;

Amendment 123 #

Proposal for a regulation
Article 7 – paragraph 5 – point g

~~(g) reception conditions, including special attention given to unaccompanied children and children with their families, vulnerable groups and victims of torture.~~deleted

Amendment 124 #

Proposal for a regulation
Article 7 – paragraph 7

7. The A~~gency~~ICCII shall take the necessary initiatives to ensure that the experts who participate in the asylum support teams and the asylum intervention pool, have received specialist training relevant to their duties and functions prior to their participation in the operational activities organised by the A~~gency~~ICCII. The A~~gency~~ICCII shall conduct regular exercises with those experts in accordance with the specialist training and exercise schedule referred to in its annual work programme.

Amendment 125 #

Proposal for a regulation
Article 7 – paragraph 8

8. The A~~gency~~ICCII may organise training activities in cooperation with Member States or third countries on their territory.

Amendment 126 #

Proposal for a regulation
Article 8 – paragraph 1

1. The Agency shall be a centre for gathering objective, relevant, reliable, accurate and up-to date information on countries of origin of persons applying for international protection, including child- specific information and targeted information on persons belonging to vulnerable groups. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues specific to countries of origin.

Amendment 127 #

Proposal for a regulation
Article 8 – paragraph 1

1. The A~~gency~~ICCII shall be a centre for gathering relevant, reliable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific information and targeted information on persons belonging to vulnerable groups. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues specific to countries of origin.

Amendment 128 #

Proposal for a regulation
Article 8 – paragraph 2 – introductory part

2. The A~~gency~~ICCII shall, in particular:

Amendment 129 #

Proposal for a regulation
Article 9 – paragraph 1

1. The A~~gency~~ICCII shall ensure the coordination of national initiatives producing country of origin information by establishing and managing networks among Member States on country of origin information.

Amendment 13 #

Proposal for a regulation
Recital 3

(3) In its Communication of 6 April 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member States responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the asylum system and to prevent secondary movements, and develop an enhanced mandate for the European Asylum Support Office. That Communication is in line with calls by the European Council on 18 February 2016 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It ~~also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016~~is not, however, acceptable, as it does not make it possible to create a clear pathway towards a reduction in migrant flows or their return to their countries of origin, although that ought to be the sole objective of the CEAS.

Amendment 130 #

Proposal for a regulation
Article 9 – paragraph 2 a (new)

2a. While complying with the principle of subsidiarity, the Agency shall standardise the work being done in the Member States with a view to creating a European information network that ensures that the systems of the relevant authorities of the Member States have equivalent common standards.

Amendment 131 #

Proposal for a regulation
Article 10 – paragraph 1

1. To foster convergence in applying the assessment criteria established in Directive 2011/95/EU of the European Parliament and of the Council22, the Agency shall coordinate efforts among Member States to engage in and develop a common analysis ~~providing guidance on the situation in specific countries of origin~~. __________________ 22 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ L 337, 20.12.2011, p. 9).

Amendment 132 #

Proposal for a regulation
Article 10 – paragraph 1

1. To foster convergence in applying the assessment criteria established in Directive 2011/95/EU of the European Parliament and of the Council22, the A~~gency~~ICCII shall coordinate efforts among Member States to engage in and develop a common analysis providing guidance on the situation in specific countries of origin. __________________ 22 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ L 337, 20.12.2011, p. 9).

Amendment 133 #

Proposal for a regulation
Article 10 – paragraph 2

2. The Executive Director shall, after consulting the Commission, submit that common analysis to the Management Board for endorsement. Member States shall be required to take that common analysis into account when examining applications for international protection, without prejudice to their competence for deciding on individual applications.deleted

Amendment 134 #

Proposal for a regulation
Article 10 – paragraph 2

2. The Executive Director shall~~, after consulting the Commission,~~ submit that common analysis to the Management Board for endorsement. Member States shall be ~~requir~~invited to take that common analysis into account when examining applications for international protection, without prejudice to their competence for deciding on individual applications.

Amendment 135 #

Proposal for a regulation
Article 10 – paragraph 2

2. The Executive Director shall, after consulting the Commission, submit that common analysis to the Management Board for endorsement. Member States shall ~~be required to~~ take that common analysis into account when examining applications for international protection, without prejudice to their competence for deciding on individual applications.

Amendment 136 #

Proposal for a regulation
Article 10 – paragraph 3

3. The A~~gency~~ICCII shall ensure that the common analysis is kept constantly under review and updated to the extent necessary. Any such revision shall likewise require ~~prior consultation of the Commission and~~ endorsement by the Management Board.

Amendment 137 #

Proposal for a regulation
Article 10 – paragraph 4 – introductory part

4. The Member States shall, on a monthly basis, submit to the A~~gency~~ICCII relevant information on the decisions taken in relation to applicants for international protection originating from third countries subject to the common analysis. That information shall, in particular, include:

Amendment 138 #

Proposal for a regulation
Article 11

Designation of safe countries of origin and safe third countries 1. Commission in regularly reviewing the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX, including those that have been suspended by the Commission and those that have been removed from that list. 2. the Commission, provide it with information on specific third countries which could be considered for inclusion in the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX. 3. accordance with Articles 37(4), 38(5) and 39(7) of Directive 2013/32/EU, Member StatesArticle 11 deleted The Agency shall assist the The Agency shall, also inform the Agency of the third countries which are designated as safe countries of origin or safe third countries or to which the concepts of first country of asylum, safe third country, or European safe third country is applied pursuant to Articles 35, 38 and 39 of Directive 2013/32/EU, respectively. The Commission may request the Agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that Directive are respected.t the request of When notifying the Commission in

Amendment 139 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Agency shall assist the Commission in regularly reviewing the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX, including those that have been suspended by the Commission and those that have been removed from that list.deleted

Amendment 14 #

Proposal for a regulation
Recital 3

(3) In its Communication of 6 April 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member States responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the asylum system and to prevent secondary movements, and develop an enhanced mandate for the European Asylum Support Office. That Communication is in line with calls by the European Council on 18 February 2016 to make progress towards reforming the EU's existing framework so as to ensure a humane, fair and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.

Amendment 140 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Agency shall assist the Commission in regularly reviewing, and in reviewing at other times in the event that this is deemed necessary, the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX, including those that have been suspended by the Commission and those that have been removed from that list.

Amendment 141 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Agency shall, at the request of the Commission, provide it with information on specific third countries which could be considered for inclusion in the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX.deleted

Amendment 142 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Agency shall, on its own initiative or, in any event, at the request of the Commission, provide it with information on specific third countries which could be considered for inclusion in the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX.

Amendment 143 #

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1

When notifying the Commission in accordance with Articles 37(4), 38(5) and 39(7) of Directive 2013/32/EU, Member States shall also inform the Agency of the third countries which are designated as safe countries of origin or safe third countries or to which the concepts of first country of asylum, safe third country, or European safe third country is applied pursuant to Articles 35, 38 and 39 of Directive 2013/32/EU, respectively.deleted

Amendment 144 #

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2

The Commission may request the Agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that Directive are respecdeleted.

Amendment 145 #

Proposal for a regulation
Article 12 – paragraph 1

1. The A~~gency~~ICCII shall organise and coordinate activities promoting a correct and effective implementation of Union law, including through the development of operational standards, indicators, guidelines or best practices on asylum- related matters, and the exchange of best practices in asylum-related matters among Member States.

Amendment 146 #

Proposal for a regulation
Article 12 – paragraph 2

2. The A~~gency~~ICCII shall, on its own initiative or at the request of the Commission, and in consultation with the Commission, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States develop operational standards on the implementation of the instruments of Union law on asylum.

Amendment 147 #

Proposal for a regulation
Article 12 – paragraph 2

2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring ~~compliance~~alignment with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.

Amendment 148 #

Proposal for a regulation
Article 12 – paragraph 3

3. The Agency shall, ~~at the request of~~on its own initiative, or, at any event, at the request of the Commission or Member States, assist them to apply the operational standards, guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance.

Amendment 149 #

Proposal for a regulation
Article 12 – paragraph 3

3. The A~~gency~~ICCII shall, at the request of Member States, assist them to apply the operational standards, guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance.

Amendment 15 #

Proposal for a regulation
Recital 4

(4) The European Asylum Support Office was established by Regulation (EU) No 439/2010 of the European Parliament and of the Council 7and it took up its responsibilities on 1 February 2011. The European Asylum Support Office has enhanced practical cooperation among Member States on asylum-related matters and in assisting Member States in implementing their obligations under the CEAS. The European Asylum Support Office also provides support to Member States whose asylum and reception systems are under particular pressure. However, its role and function need to be further strengthened so as to not only support Member States in their practical cooperation but to reinforce and complement the asylum and reception systems of Member States with a view to achieving, as soon as possible, a genuine European right to asylum. __________________ 7 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11).

Amendment 150 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. The A~~gency, in close cooperation with the Commission,~~ICCII shall establish a mechanism to:

Amendment 151 #

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) ~~monitor the implementation and~~ assess all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by Member States~~, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons~~;

Amendment 152 #

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) monitor ~~compliance~~alignment by Member States with operational standards, indicators guidelines and best practices on asylum;

Amendment 153 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctly.deleted

Amendment 154 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) ~~verify~~review the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctly.

Amendment 155 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

The A~~gency~~ICCII may, in particular, base its assessment on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling.

Amendment 156 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2

For that purpose, Member States shall, at the request of the A~~gency~~ICCII, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. ~~The Member States shall also cooperate with the Agency and shall facilitate any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.~~

Amendment 157 #

Proposal for a regulation
Article 13 – paragraph 3

Amendment 158 #

Proposal for a regulation
Article 13 – paragraph 3

3. The Agency shall, in close collaboration with the European Border and Coast Guard, assess the readiness of Member States to meet challenges from possible disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure and shall assist Member States to prepare and review their contingency planning, where necessary.

Amendment 159 #

Proposal for a regulation
Article 13 – paragraph 3

3. The Agency shall ~~assess~~review the readiness of Member States to meet challenges from possible disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure and shall assist Member States to prepare and review their contingency planning, where necessary.

Amendment 16 #

Proposal for a regulation
Recital 4

(4) The European Asylum Support Office was established by Regulation (EU) No 439/2010 of the European Parliament and of the Council 7and it took up its responsibilities on 1 February 2011. The European Asylum Support Office has enhanced practical cooperation among Member States on asylum-related matters and in assisting Member States in implementing their obligations under the CEAS. The European Asylum Support Office also provides a little support to Member States whose asylum and reception systems are under particular pressure. However, its role and function need to be ~~further strengthened so as to not only~~reviewed so that it can provide support to Member States ~~in their practical cooperation but to reinforce and complement the asylum and reception systems of Member States~~wishing to expel refugees already in their territory. __________________ 7 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11).

Amendment 160 #

Proposal for a regulation
Article 13 – paragraph 3 a (new)

3a. In order to carry out its task of monitoring and evaluating the implementation of the Common European Asylum System and the Member States’ asylum and reception systems in an effective, impartial and independent manner, the Agency shall have an appropriate number of permanent and temporary staff and adequate financial resources.

Amendment 161 #

Proposal for a regulation
Article 14

~~[...]~~deleted

Amendment 162 #

Proposal for a regulation
Article 14 – paragraph 1

1. The Management Board shall, in consultation with the Commission, set the programme for monitoring and assessing the asylum and reception systems in each Member State, or of all Member States on the basis of thematic or specific aspects of the asylum systems. That programme shall form part of the multi-annual and annual programming referred to in Article 41. The multi-annual programming shall list the Member States whose asylum and reception systems shall be monitored each year, ensuring that each Member State shall be monitored at least once in every five-year period. The annual work programme shall list the Member States to be monitored the following year in accordance with the multi-annual programming and the thematic assessments. It shall include an indication of what the monitoring shall consist of and a schedule for any on-site visits. The annual work programme may be adapted if necessary in accordance with Article 41. The Agency may initiate a monitoring exercise for the assessment of the asylum or reception systems of a Member State on its own initiative or at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State's asylum or reception systems.deleted

Amendment 163 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

The Management Board shall, in consultation with the Commission, set the programme for monitoring and assessing the asylum and reception systems in each Member State, or of all Member States on the basis of thematic or specific aspects of the asylum systems. That programme shall form part of the multi-annual and annual programming referred to in Article 41.deleted

Amendment 164 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2

The multi-annual programming shall list the Member States whose asylum and reception systems shall be monitored each year, ensuring that each Member State shall be monitored at least once in every five-year period.deleted

Amendment 165 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2

Amendment 166 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3

The annual work programme shall list the Member States to be monitored the following year in accordance with the multi-annual programming and the thematic assessments. It shall include an indication of what the monitoring shall consist of and a schedule for any on-site visits.deleted

Amendment 167 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 4

~~The annual work programme may be adapted if necessary in accordance with Article 41.~~deleted

Amendment 168 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5

Amendment 169 #

Proposal for a regulation
Article 14 – paragraph 2

2. The Agency shall set up teams of experts for each monitoring exercise, including for the on-site visits as necessary. The teams of experts shall be composed of experts from the Agency's own staff and Commission representatives. The team of experts shall be responsible for drawing up a report based on the findings of on-site visits and information provided by Member States.deleted

Amendment 17 #

Proposal for a regulation
Recital 5

(5) Having regard to structural weaknesses of the CEAS brought to the fore by large-scale and uncontrolled arrival of migrants and asylum seekers to the Union and the need for an efficient, high and uniform level of the application of Union asylum law in Member States, it is necessary to improve the implementation and functioning of the CEAS by building on the work of the European Asylum Support Office and further develop it into a fully-fledged agency which should be responsible for facilitating and improving the functioning of the CEAS, for enabling a sustainable and fair distribution of applications for international protection for ensuring convergence in the assessment of applications for international protection across the Union, and for monitoring the operational and technical application of Union law.

Amendment 170 #

Proposal for a regulation
Article 14 – paragraph 3

3. The Executive Director shall transmit the draft report of the team of experts to the Member State concerned, which shall provide its comments on that draft report. The Executive Director shall then submit the draft report, taking into account the comments of the Member State concerned, to the Management Board. The Management Board shall adopt the monitoring report and transmit it to the Commission.deleted

Amendment 171 #

Proposal for a regulation
Article 14 – paragraph 3

Amendment 172 #

Proposal for a regulation
Article 14 – paragraph 3

Amendment 173 #

Proposal for a regulation
Article 14 – paragraph 4

4. The Executive Director, after consultation with the Commission, shall submit draft recommendations to the Member State concerned outlining the necessary measures to address shortcomings identified in the monitoring report. The Member State concerned shall be given one month to comment on the draft recommendations. After giving consideration to those comments, the Management Board shall adopt the recommendations and it shall invite the Member State concerned to draw up an action plan outlining the measures to remedy any shortcomings.deleted

Amendment 174 #

Proposal for a regulation
Article 14 – paragraph 4

4. The Executive Director, after consultation with the Commission, shall submit draft ~~recommendation~~proposals to the Member State concerned outlining the ~~necessary~~proposed measures to address shortcomings identified in the monitoring report. The Member State concerned shall be given one month to comment on the draft recommendations. After giving consideration to those comments, the Management Board shall adopt the recommendations and it shall invite the Member State concerned to draw up an action plan outlining the measures to remedy any shortcomings.

Amendment 175 #

Proposal for a regulation
Article 14 – paragraph 5

5. The Member State concerned shall provide the Agency with an action plan within one month from adoption of the recommendations referred to in paragraph 4. That Member State shall report to the Agency on the implementation of the action plan within three months from the adoption of the recommendations and shall thereafter continue to report every month for a maximum of six months.deleted

Amendment 176 #

Proposal for a regulation
Article 14 – paragraph 5

5. The Member State concerned shall provide the Agency with an action plan within one month from adoption of the recommendations referred to in paragraph 4. That Member State shall report to the Agency on the implementation of the action plan within three months from the adoption of the ~~recommendation~~proposals and shall thereafter continue to report every month for a maximum of six months.

Amendment 177 #

Proposal for a regulation
Article 14 – paragraph 6

~~6. The Agency shall inform the Commission on a regular basis of the implementation of the action plan.~~deleted

Amendment 178 #

Proposal for a regulation
Article 15

~~1. in~~ Article 14(5), the Member State concerned has not fully implemented the action plan and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission shall, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlin5 deleted Follow-up and monitoring tWhe measures needed to remedy the serious shortcomings, and where necessary setting out the measures to be taken by the Agency to support that Member State. 2. account the seriousness of the shortcomings identified, organise on-site visits to the Member State concerned to verify the implementation of the action plan. 3. report to the Commission on the implementation of the recommendations referred to in paragraph 1 within the time-limit set in those recommendations. If after that time-limit, the Commission is not satisfied that the Member State has fully complied with those recommendations, it may take further action in accordance with Article 22(3). 4. The Commission shall inform the European Parliament and the Council on a regular basis about the progress made by the Member State concerned.re, after the period referred to The Commission may, taking into The Member State concerned shall

Amendment 179 #

Proposal for a regulation
Article 15 – paragraph 1

Amendment 18 #

Proposal for a regulation
Recital 6

(6) The tasks of the European Asylum Support Office should be ~~expand~~redefined, and to reflect those changes, it should be renamed ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration, or AICCII. The Agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, monitor the operational and technical application of Union law and standards as regards asylum, support the Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressurehelp Member States to combat all forms of illegal immigration effectively.

Amendment 180 #

Proposal for a regulation
Article 15 – paragraph 1

1. Where, after the period referred to in Article 14(5), the Member State concerned has not ~~fully implemented the action plan~~successfully addressed the situation that has been created and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission shall, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt ~~recommendation~~proposals addressed to that Member State outlining the measures needed to remedy the serious shortcomings, and where necessary setting out the measures to be taken by the Agency to support that Member State.

Amendment 181 #

Proposal for a regulation
Article 15 – paragraph 2

~~2. The Commission may, taking into account the seriousness of the shortcomings identified, organise on-site visits to the Member State concerned to verify the implementation of the action plan.~~deleted

Amendment 182 #

Proposal for a regulation
Article 15 – paragraph 3

3. The Member State concerned shall report to the Commission on the implementation of the recommendations referred to in paragraph 1 within the time-limit set in those recommendations. If after that time-limit, the Commission is not satisfied that the Member State has fully complied with those recommendations, it may take further action in accordance with Article 22(3).deleted

Amendment 183 #

Proposal for a regulation
Article 15 – paragraph 3

Amendment 184 #

Proposal for a regulation
Article 15 – paragraph 4

~~4. The Commission shall inform the European Parliament and the Council on a regular basis about the progress made by the Member State concerned.~~deleted

Amendment 185 #

Proposal for a regulation
Article 15 – paragraph 4

4. The Commission shall inform the European Parliament and the Council on a ~~regular~~monthly basis about the progress made by the Member State concerned.

Amendment 186 #

Proposal for a regulation
Article 16 – title

Operational and technical assistance by the A~~gency~~ICCII

Amendment 187 #

Proposal for a regulation
Article 16 – paragraph 1

1. Member States may request the Agency for assistance in implementing their obligations with regard to asylum, in particular when their asylum and reception systems are subject to disproportionate pressure. The Agency shall lay down the common criteria for defining such pressure.

Amendment 188 #

Proposal for a regulation
Article 16 – paragraph 1

1. Member States may request the A~~gency~~ICCII for assistance in implementing their obligations with regard to asylum, in particular when their asylum and reception systems are subject to disproportionate pressure.

Amendment 189 #

Proposal for a regulation
Article 16 – paragraph 2

2. Member States shall submit a request for assistance to the Executive Director describing the situation and the purpose of the request. The request shall be accompanied by a detailed assessment of needs. The Executive Director shall evaluate, approve and coordinate requests for assistance. Each shall be subject to a thorough and reliable assessment enabling the A~~gency~~ICCII to identify and propose a set of measures as referred to in paragraph 3 that can meet the needs of the Member State concerned.

Amendment 19 #

Proposal for a regulation
Recital 6

(6) The tasks of the European Asylum Support Office should be expanded, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main roles should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, evaluate and monitor the operational and technical application of Union law and standards as regards asylum, support the Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.

Amendment 190 #

Proposal for a regulation
Article 16 – paragraph 3 – introductory part

3. The Agency shall organise and coordinate, for a limited period of time, decided upon by the Agency, one or more of following operational and technical measures:

Amendment 191 #

Proposal for a regulation
Article 16 – paragraph 3 – introductory part

3. The A~~gency~~ICCII shall organise and coordinate, for a limited period of time, one or more of following operational and technical measures:

Amendment 192 #

Proposal for a regulation
Article 16 – paragraph 3 – point 7

i) assist Member States in ensuring that all the necessary child rights and child protection safeguards are in place, and that all women’s rights are respected;

Amendment 193 #

Proposal for a regulation
Article 16 – paragraph 3 – point j a (new)

(ja) provide information on the NGOs that are operating in the area;

Amendment 194 #

Proposal for a regulation
Article 16 – paragraph 3 – point j b (new)

(jb) provide information on individuals who are linked to terrorist organisations or who have carried out criminal acts, following communication with the relevant European departments.

Amendment 195 #

Proposal for a regulation
Article 16 – paragraph 4

4. The A~~gency~~ICCII shall finance or co- finance the activities set out in paragraph 3 from its budget in accordance with the financial rules applicable to the Agency.

Amendment 196 #

Proposal for a regulation
Article 16 – paragraph 5

5. The Executive Director shall evaluate the result of the operational and technical measures and shall transmit detailed evaluation reports to the Management Board within 60 days from the end of those measures. The A~~gency~~ICCII shall make a comprehensive comparative analysis of those results which shall be included in the annual activity report referred to in Article 65.

Amendment 197 #

Proposal for a regulation
Article 17 – paragraph 1

1. The A~~gency~~ICCII shall deploy asylum support teams to Member States to provide operational and technical assistance in accordance with Article 16.

Amendment 198 #

Proposal for a regulation
Article 17 – paragraph 2

2. The asylum support teams shall consist of experts from the A~~gency'~~ICCII’s own staff, experts from Member States or experts seconded by Member States to the A~~gency~~ICCII.

Amendment 199 #

Proposal for a regulation
Article 17 – paragraph 5

5. ~~As part of the asylum support teams, the Agency~~The AICCII shall set up a list of interpreters. Member States shall assist the A~~gency~~ICCII in identifying interpreters for the list of interpreters. Member States may choose either to deploy the interpreters or to make them available by video- conferencing.

Amendment 20 #

Proposal for a regulation
Recital 6

(6) The tasks of the European Asylum Support Office should be expanded, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity and fairness as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, monitor the operational and technical application of Union law and standards as regards asylum, support the Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.

Amendment 200 #

Proposal for a regulation
Article 17 – paragraph 6

6. The contribution by Member States as regards their own experts or experts seconded to the A~~gency~~ICCII for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the A~~gency~~ICCII and the Member States. In accordance with those agreements, Member States shall make the experts immediately available for deployment unless they are faced with an exceptional situation substantially affecting the discharge of national tasks.

Amendment 201 #

Proposal for a regulation
Article 17 – paragraph 7

7. Member States shall ensure that the experts that they contribute have the necessary certifications wherever these are required and match the profiles and numbers decided upon by the Management Board. The duration of deployment shall be determined by the home Member State but it shall not be less than 30 days.

Amendment 202 #

Proposal for a regulation
Article 17 – paragraph 8

8. The A~~gency~~ICCII shall contribute to the asylum support teams with experts from its own staff employed specifically for field work and interpreters.

Amendment 203 #

Proposal for a regulation
Article 18 – paragraph 1

1. For the purposes of Article 22, the Management Board shall, on a proposal of the Executive Director, set up an asylum intervention pool which shall constitute a reserve of experts placed at the immediate disposal of the A~~gency~~ICCII. For that purpose, Member States shall, on a yearly basis, make available to the A~~gency~~ICCII a number of experts of not less than 500 persons.

Amendment 204 #

Proposal for a regulation
Article 19 – paragraph 1

1. The Executive Director and the host Member State shall agree on an operational plan. ~~The operational plan shall be binding on the Agency, the host and participating Member States.~~

Amendment 205 #

Proposal for a regulation
Article 19 – paragraph 1

1. The Executive Director and the host Member State shall agree on an operational plan. The operational plan shall be binding on the Agency~~, the host and participating Member States~~.

Amendment 206 #

Proposal for a regulation
Article 19 – paragraph 1

1. The Executive Director and the host Member State shall agree on an operational plan. The operational plan shall be binding on the A~~gency~~ICCII, the host and participating Member States.

Amendment 207 #

Proposal for a regulation
Article 19 – paragraph 4

4. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State. The A~~gency~~ICCII shall immediately send a copy of the amended or adapted operational plan to the participating Member States.

Amendment 208 #

Proposal for a regulation
Article 20 – paragraph 1

1. If necessary, the Executive Director may send experts from the A~~gency~~ICCII to assess the situation in the Member State requesting assistance. The Executive Director shall immediately notify the Management Board of any request for deployment of asylum support teams.

Amendment 209 #

Victor NEGRESCU

Proposal for a regulation
Article 20 – paragraph 3

3. When determining the composition of each asylum support team, the Executive Director shall take into account the particular circumstances of the Member State requesting assistance and its assessment of needs. The asylum support team shall be constituted in accordance with the operational plan, drawn up according to the needs of the Member State.

Amendment 21 #

Proposal for a regulation
Recital 6 a (new)

6a. The European Union Agency for Asylum should be given enough financial resources and staff to guarantee that it is independent and can carry out its duties properly, including, specifically, the Agency’s own staff to set up teams of experts responsible for evaluating and monitoring procedures for asylum and reception systems.

Amendment 210 #

Victor NEGRESCU

Proposal for a regulation
Article 20 – paragraph 4

4. The Executive Director and the host Member State shall draw up an operational plan within three working days from the day on which the decision to deploy the asylum support teams is taken, but no later than two weeks from the date of receiving the assistance request.

Amendment 211 #

Proposal for a regulation
Article 20 – paragraph 6

6. The Executive Director shall, after informing the host Member State, suspend or terminate the deployment of the asylum support teams if the conditions to carry out the operational and technical measures are no longer fulfilled ~~or if the operational plan is not respected by the host Member State~~.

Amendment 212 #

Proposal for a regulation
Article 21 – paragraph 1

1. Where a Member State requests operational and technical reinforcement by migration management support teams as referred to in Article 17 of Regulation No XXX/XXX or where migration management support teams are deployed at hotspot areas as referred to in Article 18 of Regulation No XXX/XXX, the Executive Director shall ensure coordination of the A~~gency'~~ICCII’s activities in the migration management support teams with the Commission and with other relevant Union agencies, in particular, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States.

Amendment 213 #

Proposal for a regulation
Article 21 – paragraph 2 – point a

(a) the screening of third-country nationals, including their identification, registration, and where requested by Member States, their fingerprinting or the collection of other biometric data;

Amendment 214 #

Proposal for a regulation
Article 21 – paragraph 2 – point c

~~(c) the provision of information on asylum procedures, including relocation and specific assistance to applicants or potential applicants that could be subject to relocation.~~deleted

Amendment 215 #

Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)

(ca) the return of refugees to their countries of origin.

Amendment 216 #

Proposal for a regulation
Article 22 – paragraph 1

1. Where the asylum and reception systems of a Member State are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems, the Agency shall, at the request of the Member State concerned ~~or on its own initiative~~, organise and coordinate a comprehensive set of operational and technical measures as referred to in Article 16 and deploy experts from the asylum intervention pool referred to in Article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time.

Amendment 217 #

Proposal for a regulation
Article 22 – paragraph 1

1. Where the asylum and reception systems of a Member State are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems, the A~~gency~~ICCII shall, at the request of the Member State concerned or on its own initiative, organise and coordinate a comprehensive set of operational and technical measures as referred to in Article 16 and deploy experts from the asylum intervention pool referred to in Article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time.

Amendment 218 #

Proposal for a regulation
Article 22 – paragraph 3

3. Where in the event of disproportionate pressure on the asylum or reception systems a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure, or where it does not comply with the Commission's recommendations referred to in Article 15(3), thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the CEAS, the Commission may adopt a decision by means of an implementing act, identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.deleted

Amendment 219 #

Proposal for a regulation
Article 22 – paragraph 3

Amendment 22 #

Proposal for a regulation
Recital 7

~~(7)~~ The European Union Agency for ~~(7)~~ Asylum should work in close cooperation with Member States' asylum authorities, with national immigration and asylum services and other services, drawing on the capacity and expertise of those services, and with the Commission and the EU’s agencies, particularly the European Border and Coast Guard. Member States should cooperate with the Agency to ensure that it is able to fulfil its mandate. It is important that the Agency and the Member States act in good faith and have a timely and accurate exchange of information. Any provision of statistical data should respect the technical and methodological specifications of Regulation (EC) No 862/20078. __________________ 8 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).

Amendment 220 #

Proposal for a regulation
Article 22 – paragraph 4

4. For the purposes of paragraph 3, the Executive Director shall, within two working days from the date of adoption of the Commission decision, determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision. In parallel, the Executive Director and the Member State concerned shall agree on the operational plan.deleted

Amendment 221 #

Proposal for a regulation
Article 22 – paragraph 4

Amendment 222 #

Proposal for a regulation
Article 22 – paragraph 4

4. For the purposes of paragraph 3, the Executive Director shall, within two working days from the date of adoption of the Commission decision, determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision. In parallel, ~~the Executive Director and~~ the Member State concerned shall agree on the operational plan.

Amendment 223 #

Proposal for a regulation
Article 22 – paragraph 5

5. The Agency shall, without delay and in any case within three working days from date of establishment of the operational plan, deploy the necessary experts from the asylum intervention pool, as well as experts from its own staff. Where necessary, the deployment of experts from the asylum intervention pool shall be immediately complemented by asylum support teams.deleted

Amendment 224 #

Proposal for a regulation
Article 22 – paragraph 5

5. The A~~gency~~ICCII shall, without delay and in any case within three working days from date of establishment of the operational plan, deploy the necessary experts from the asylum intervention pool, as well as experts from its own staff. Where necessary, the deployment of experts from the asylum intervention pool shall be immediately complemented by asylum support teams.

Amendment 225 #

Proposal for a regulation
Article 22 – paragraph 6

6. The Member State concerned shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan.deleted

Amendment 226 #

Proposal for a regulation
Article 22 – paragraph 7

~~7. The Member States shall make available the experts from the asylum intervention pool as determined by the Executive Director.~~deleted

Amendment 227 #

Proposal for a regulation
Article 23 – paragraph 1

1. Without prejudice to the obligation of Member States to supply the necessary facilities and equipment for the A~~gency~~ICCII to be able to provide the required operational and technical assistance, the A~~gency~~ICCII may deploy its own equipment to Member States to the extent that this may be needed by the asylum support teams or the experts from the asylum intervention pool and insofar as this may complement equipment already made available by the Member States or other Union agencies.

Amendment 228 #

Proposal for a regulation
Article 23 – paragraph 2

2. The A~~gency~~ICCII may acquire or lease technical equipment by decision of the Executive Director, in consultation with the Management Board. Any acquisition or leasing of equipment shall be preceded by a thorough needs and cost/benefit analysis. Any such expenditure shall be provided for in the Agency's budget as adopted by the Management Board and in accordance with the financial rules applicable to the A~~gency~~ICCII.

Amendment 229 #

Proposal for a regulation
Article 24 – paragraph 1

Each Member State shall appoint a national contact point for communication with the A~~gency~~ICCII on all matters relating to the operational and technical assistance referred to in Articles 16 and 22.

Amendment 23 #

Proposal for a regulation
Recital 7

(7) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should work in close cooperation with Member States' asylum authorities, with national immigration and asylum services and other services, drawing on the capacity and expertise of those services~~, and with the Commission~~. Member States should cooperate with the Agency ~~to ensure that it is able to fulfil its mandate~~as they wish. It is important that the Agency and the Member States act in good faith and have a timely and accurate exchange of information. Any provision of statistical data should respect the technical and methodological specifications of Regulation (EC) No 862/20078. __________________ 8 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).

Amendment 230 #

Proposal for a regulation
Article 25 – title

Coordinating officer of the A~~gency~~ICCII

Amendment 231 #

Proposal for a regulation
Article 25 – paragraph 1

1. The A~~gency~~ICCII shall ensure the operational implementation of all the organisational aspects, including the presence of staff members of the Agency, deployment of asylum support teams or experts from the asylum intervention pool throughout the provision of operational and technical assistance referred to in Articles 16 and 22.

Amendment 232 #

Proposal for a regulation
Article 25 – paragraph 2

2. The Executive Director shall appoint one or more experts from the staff of the A~~gency~~ICCII to act or to be deployed as a coordinating officer for the purposes of paragraph 1. The Executive Director shall notify the host Member State of such designations.

Amendment 233 #

Proposal for a regulation
Article 25 – paragraph 3 – point a

(a) act as an interface between the A~~gency~~ICCII, the host Member State and experts of the asylum support teams or experts from the asylum intervention pool, providing assistance, on behalf of the A~~gency~~ICCII, on all issues relating to their conditions of deployment;

Amendment 234 #

Proposal for a regulation
Article 25 – paragraph 3 – point b

(b) monitor the ~~correct implementation of the operational plan~~progress in implementing the operational plan and notify the operational director accordingly;

Amendment 235 #

Proposal for a regulation
Article 25 – paragraph 3 – point c

(c) act on behalf of the A~~gency~~ICCII on all aspects of the deployment of the asylum support teams or the experts from the asylum intervention pool and report to the A~~gency~~ICCII on all those aspects;

Amendment 236 #

Proposal for a regulation
Article 25 – paragraph 3 – point d

~~(d) report to the Executive Director where the operational plan is not adequately implemen~~deleted.

Amendment 237 #

Proposal for a regulation
Article 26 – paragraph 1

1. Where experts of an asylum support team or from the asylum intervention pool are operating in a host Member State, thae Agency and the host Member State shall be liable ~~in accordance with its national law~~ for any damage caused by them during their operations.

Amendment 238 #

Proposal for a regulation
Article 26 – paragraph 2

2. Where such damage is caused by gross negligence or wilful misconduct, the host Member State may address the home Member State or the Agency to obtain any sums it has paid to the victims or persons entitled on their behalf from the home Member State or the Agency.deleted

Amendment 239 #

Proposal for a regulation
Article 26 – paragraph 2

2. Where such damage is caused by gross negligence or wilful misconduct, the host Member State may address the home Member State or the A~~gency~~ICCII to obtain any sums it has paid to the victims or persons entitled on their behalf from the home Member State or the Agency.

Amendment 24 #

Proposal for a regulation
Recital 8

(8) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should gather and analyse information on the situation of asylum in the Union and in third countries insofar as this may have an impact on the ~~Union~~Member States. That should enable the Agency to assist Member States in better understanding the factors for asylum- related migration towards and within the Union, as well as for the purpose of early warning and preparedness of Member States.

Amendment 240 #

Proposal for a regulation
Article 26 – paragraph 3

3. Without prejudice to the exercise of its rights vis-à-vis third parties, each Member State shall waive all its claims against the host Member State or any other Member State for any damage it has sustained~~, except in cases of gross negligence or wilful misconduct~~.

Amendment 241 #

Proposal for a regulation
Article 26 – paragraph 4

4. Any dispute between Member States or with the Agency relating to the application of paragraphs 21 and 3 of this Article which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 of the Treaty.

Amendment 242 #

Proposal for a regulation
Article 26 – paragraph 4

4. Any dispute between Member States or with the A~~gency~~ICCII relating to the application of paragraphs 2 and 3 of this Article which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 of the Treaty.

Amendment 243 #

Proposal for a regulation
Article 26 – paragraph 5

5. Without prejudice to the exercise of its rights vis-à-vis third parties, the Agency shall meet costs relating to damage caused to the Agency's equipment during deployment~~, except in cases of gross negligence or wilful misconduct~~.

Amendment 244 #

Proposal for a regulation
Article 26 – paragraph 5

5. Without prejudice to the exercise of its rights vis-à-vis third parties, the A~~gency~~ICCII shall meet costs relating to damage caused to the A~~gency~~ICCII's equipment during deployment, except in cases of gross negligence or wilful misconduct.

Amendment 245 #

Proposal for a regulation
Article 28 – paragraph 1 – introductory part

1. The A~~gency~~ICCII shall meet the costs incurred by Member States when they make their experts available for deployment to asylum support teams or as part of the asylum intervention pool, in particular:

Amendment 246 #

Proposal for a regulation
Article 28 – paragraph 2

2. The Management Board shall establish detailed rules and update them as necessary as regards fees and the payment of the daily subsistence allowance of experts deployed by Member States to the asylum support teams.

Amendment 247 #

Proposal for a regulation
Article 29 – paragraph 1

1. The Agency, as the common asylum body, may take all necessary measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, the relevant Union agencies.

Amendment 248 #

Proposal for a regulation
Article 32 – paragraph 1

1. The use by the Agency of personal data collected by or transmitted to it by the Member States or by its own staff when providing operational and technical assistance to Member States shall be limited to the name, date of birth, gender, nationality, profession or education, fingerprints or other biometric data and digitised photograph of third-country nationals.

Amendment 249 #

Ernest MARAGALL

Proposal for a regulation
Article 35 – paragraph 6

6. The Agency may ~~benefit from Union funding~~take part in Union funded projects in accordance with the provisions of the relevant instruments supporting the external relations policy of the Union. ~~It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation.~~

Amendment 25 #

Proposal for a regulation
Recital 9

(9) Having regard to the reform of the Dublin system, the European Union Agency for Asylum should provide the necessary support to the Member States~~, in particular by operating and managing the corrective mechanism~~.

Amendment 250 #

Proposal for a regulation
Article 46 – paragraph 5 – point s

~~(s) ensuring implementation of the Commission decision referred to in Article 22(3);~~deleted

Amendment 251 #

Ernest MARAGALL

Proposal for a regulation
Article 48 – paragraph 6 a (new)

6 a. The management board shall ensure that adequate human and financial resources are provided to the consultative forum

Amendment 252 #

Ernest MARAGALL

Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1

By 31 March of the following financial year, the Agency shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors. The report shall provide details of expenditure for each of the individual tasks listed in Article 2.

Amendment 253 #

Proposal for a regulation
Article 54 – paragraph 5

5. The seat of the Agency shall be ~~Malta~~Greece.

Amendment 254 #

Proposal for a regulation
Article 56

~~Article 56 Privileges and immunities The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff.~~deleted

Amendment 26 #

Proposal for a regulation
Recital 9

(9) Having regard to the reform of the Dublin system, the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should provide the necessary support to the Member States, in particular by operating and managing the corrective mechanism.

Amendment 27 #

Proposal for a regulation
Recital 10

(10) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should assist Member States with training of experts from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum. In addition, the Agency should ensure that all experts participating in asylum support teams or forming part of the asylum intervention pool receive specialist training before their participation in operational activities organised by the Agency.

Amendment 28 #

Proposal for a regulation
Recital 10

(10) The European Union Agency for Asylum should assist Member States with training of experts from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum. In addition, the Agency should ensure that all experts participating in asylum support teams or forming part of the asylum intervention pool receive specialist training and certification before their participation in operational activities organised by the Agency.

Amendment 29 #

Proposal for a regulation
Recital 10

(10) The European Union Agency for Asylum should a~~ssist~~ct as a support to Member States with training of experts from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum. In addition, the Agency should ensure that all experts participating in asylum support teams or forming part of the asylum intervention pool receive specialist training before their participation in operational activities organised by the Agency.

Amendment 30 #

Proposal for a regulation
Recital 11

(11) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should ensure a more structured and streamlined production of information on countries of origin at the level of the European Union. It is necessary for the Agency to gather information and draw up reports providing for country of origin information by making use of European networks on country of origin information so as to avoid duplication and create synergies with national reports. Furthermore, to ensure convergence in the assessment of applications for international protection and the nature and quality of protection granted, the Agency should, together with Member States, engage in and develop a common analysis providing guidance on the situation in specific countries of origin.

Amendment 31 #

Proposal for a regulation
Recital 12

(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX should be regularly reviewed by the Commission9. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also, at the request of the Commission, provide it with information on specific third countries which could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country, first country of asylum or European safe third country by Member States applyexpertise of the Agency for Inter-State Cooperation to Combat Illegal Immigration, it should assist the Commission in reviewing that list. __________________ 9 OJ L […]

Amendment 32 #

Proposal for a regulation
Recital 12

(12) The ~~common~~ EU list of safe countries of origin established by Regulation (EU) No XXX/XXX 9should be regularly reviewed by the Commission, as well as in special circumstances, whenever considered necessary. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also, at the request of the Commission, provide it with information on specific third countries which could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country, first country of asylum or European safe third country by Member States apply. ~~__________________ 9~~This list may be different for each category of asylum seeker. __________________ OJ L […]. 9 OJ L […].

Amendment 33 #

Proposal for a regulation
Recital 13

(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law. For that purpose, the Agency should assist Member States by developing operational standards and indicators for monitoring compliance with those standards. The Agencyhe Agency for Inter-State Cooperation to Combat Illegal Immigration should also develop guidelines on asylum-related matters and should enable the exchange of best practices among Member States to promote best practices regarding the expulsion of illegal immigrants.

Amendment 34 #

Proposal for a regulation
Recital 13

(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law. For that purpose, the Agency should a~~ssist~~ct as a support to Member States by developing operational standards and indicators for monitoring compliance with those standards. The Agency should also develop guidelines on asylum-related matters and should enable the exchange of best practices among Member States.

Amendment 35 #

Proposal for a regulation
Recital 13

(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law and respect for the corresponding rights of Member States. For that purpose, the Agency should assist Member States by developing operational standards and indicators ~~for monitoring compliance with those standards~~. The Agency should also develop guidelines on asylum-related matters and should enable the exchange of best practices among Member States.

Amendment 36 #

Proposal for a regulation
Recital 14

(14) The European Union Agency for Asylum, in close cooperation with the Commission and without prejudice to the Commission's responsibility as guardian of the Treaties, should establish a mechanism to monitor and assess the implementation of the CEAS, the compliance by Member States with operational standards, guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of Member States. The monitoring and assessment should be comprehensive and should be based, in particular, on information providedAgency for Inter-State Cooperation to Combat Illegal Immigration should report its findings concerning the progress by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling. The Agency should report its findings to the Management Board which in turn should adopt the report. The Executive Director should, after consultation with the Commission, make draft recommendations to the Member State concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations managing illegal immigrants to the Management Board which in turn should adopt the report.

Amendment 37 #

Proposal for a regulation
Recital 14

(14) The European Union Agency for Asylum, in close cooperation with the Commission and without prejudice to the Commission's responsibility as guardian of the Treaties, should establish a mechanism to monitor and assess the implementation of the CEAS, the compliance by Member States with operational standards, guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of Member States. The monitoring and assessment should be comprehensive and should be based, in particular, on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling. The Agency should report its findings to the Management Board which in turn should adopt the report and forward it to the Commission and the European Parliament. The Executive Director should, after consultation with the Commission, make draft recommendations to the Member State concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations.

Amendment 38 #

Proposal for a regulation
Recital 14

(14) The European Union Agency for Asylum, in close cooperation with the Commission and without prejudice to the Commission's responsibility as guardian of the Treaties, should establish a mechanism to monitor and assess the implementation of the CEAS~~, the compliance by Member States with~~ and any updating of it in relation to operational standards, guidelines and best practices on asylum and to ~~verify~~monitor the functioning of the asylum and reception systems of Member States. The monitoring and assessment should be comprehensive and should be based, in particular, on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling. The Agency should report its findings to the Management Board ~~which~~together with corresponding notification to the Member States involved, and the Board in turn should adopt the report. The Executive Director should, after consultation with the Commission, make draft ~~recommendation~~proposals to the Member State concerned outlining the ~~necessary~~proposed measures to address serious shortcomings , which in turn shall be adopted by the Management Board ~~as recommendations~~.

Amendment 39 #

Proposal for a regulation
Recital 15

(15) The recommendations should be followed up on the basis of an action plan prepared by the Member State concerned. If, within the set period of time, the Member State concerned does not take the necessary measures to address the recommendations, and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission should, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlining the measures needed to remedy the serious shortcomings. The Commission may need to organise on-site visits to the Member State concerned to verify the implementation of the action plan. Where necessary, the Commission should also identify the measures that should be taken by the Agency in support of that Member State. If the Member State should remain non-compliant for a certain period of time, the Commission may take further action requiring the Agency to intervene in support of that Member State.deleted

Amendment 4 #

Proposal for a regulation
Recital 1

(1) The objective of the Union's policy on asylum is to develop and establish a Common European Asylum System (CEAS), consistent with the values ~~and humanitarian tradition of the European Union and governed by the principle of solidarity and fair sharing of responsibility~~of the European Union.

Amendment 40 #

Proposal for a regulation
Recital 15

(15) The ~~recommendation~~proposals should be followed up on the basis of an action plan prepared by the Member State concerned. If, within the set period of time, the Member State concerned does not take the necessary measures to address the recommendations, and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission should, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlining the measures needed to remedy the serious shortcomings. The Commission may need to organise on-site visits to the Member State concerned to verify the extent of implementation of the action plan. Where necessary, the Commission should also identify the measures that should be taken by the Agency in support of that Member State. ~~If the Member State should remain non-compliant for a certain period of time, the Commission may take further action requiring the Agency to intervene in support of that Member State.~~

Amendment 41 #

Proposal for a regulation
Recital 16

(16) To facilitate and improve the proper functioning of the CEAS and to assist Member States in implementing their obligations within the framework of CEAS, the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should provide Member States with operational and technical assistance, in particular when their asylum and receptions systems are subject to disproportionate pressure. The Agency should provide the necessary operational and technical assistance through the deployment of asylum support teams consisting of experts from the Agency's own staff, experts from Member States or experts seconded by Member States to the Agency, and based on an operational plan. Those teams should support Member States with operational and technical measures, including by providing expertise relating to identification and registration of third countries nationals, interpreting services, information on countries of origin and knowledge of the handling and management of asylum cases, as well as by assisting national authorities competent for the examination of applications for international protection and by assisting with relocationthe best ways to return them to their countries of origin . The arrangements for the asylum support teams should be governed by this Regulation in order to ensure their effective deployment.

Amendment 42 #

Proposal for a regulation
Recital 17

(17) In cases where a Member State's asylum and reception systems are subject to disproportionate pressure that places exceptionally heavy and urgent demands on their asylum or reception systems, the European Union Agency for Asylum should assist that Member State upon request ~~or on the Agency's own initiative, by means of a comprehensive set of measures, including the deployment of experts from the asylum intervention pool~~. To ensure the availability of those experts and their immediate deployment, the asylum intervention pool should constitute a reserve of experts from Member States amounting to a minimum of 500 persons. The Agency should itself be able to intervene in support of a Member State where despite the disproportionate pressure, the Member State concerned does not request for sufficient assistance from the Agency or the Member State does not take sufficient action to address that pressure with the consequence that the asylum and reception systems would be ineffective to the extent of jeopardising the functioning of the CEAS. A disproportionate number of applications for international protection for which a Member States is responsible may be an indication of disproportionate pressure.

Amendment 43 #

Proposal for a regulation
Recital 17

(17) In cases where a Member State's asylum and reception systems are subject to disproportionate pressure that places exceptionally heavy and urgent demands on their asylum or reception systems, the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigrants should assist that Member State upon request or on the Agency's own initiative, by means of a comprehensive set of measures, including the deployment of experts from the asylum intervention pool. To ensure the availability of those experts and their immediate deployment, the asylum intervention pool should constitute a reserve of experts from Member States amounting to a minimum of 500 persons. The Agency should itself be able to intervene in support of a Member State where despite the disproportionate pressure, the Member State concerned does not request for sufficient assistance from the Agency or the Member State does not take sufficient action to address that pressure with the consequence that the asylum and reception systems would be ineffective to the extent of jeopardising the functioning of the CEAS. A disproportionate number of applications for international protection for which a Member States is responsible may be an indication of disproportionate pressure.

Amendment 44 #

Proposal for a regulation
Recital 18

(18) To ensure that the asylum support teams or the experts deployed from the asylum intervention pool are able to perform their tasks effectively with the means necessary, the European Union Agency for Asylum should be able to acquire or lease its own technical equipment. This should, however, not affect the obligation of Member States to supply the necessary facilities and equipment for the Agency to be able to provide the required operational and technical assistance. Any acquisition or leasing of equipment should be subject to a thorough needs and cost/benefit analysis by the AgencyAgency for inter- State cooperation to combat illegal immigrants should be able to install its offices in one of the many official EU buildings that already exist.

Amendment 45 #

Proposal for a regulation
Recital 18 a (new)

18a. Reductions will have to be made to other European agencies’ staff numbers to offset the impact of creating the Agency for Inter-State Cooperation to Combat Illegal Immigration.

Amendment 46 #

Proposal for a regulation
Recital 19

(19) For Member States that are faced with specific and disproportionate pressure on their asylum and reception systems due, in particular, to their geographical or demographic situation, the European Union Agency for Asylum should support the development of solidarity within the Union and assist in the ~~better~~fastest possible relocation of beneficiaries of and applicants for international protection among Member States, while ensuring that asylum and reception systems are not abused.

Amendment 47 #

Proposal for a regulation
Recital 19

(19) For Member States that are faced with specific and disproportionate pressure on their asylum and reception systems due, in particular, to their geographical or demographic situation, the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should support the development of solidarity within the Union and assist in ~~the~~ better ~~relocation of beneficiaries of international protection among Member States, while ensuring that asylum and reception systems are not abused~~cooperation between Member States, with regard to protection of borders and return of illegal immigrants.

Amendment 48 #

Proposal for a regulation
Recital 20

(20) At particular areas of the external borders where Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on increased operational and technical reinforcement by migration management support teams composed of teams of experts from Member States deployed through the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union and Europol or other relevant Union agencies, as well as experts from the staff of the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. ~~The Agency should ensure coordination of its activities in the migration management support teams with the Commission and the other relevant Union agencies.~~

Amendment 49 #

Proposal for a regulation
Recital 21

(21) For the purpose of fulfilling its mission, and to the extent required for the accomplishment of its tasks, the European Union Agency for Asylum should cooperate with Union bodies, agencies and offices, in particular with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union ~~and the European Union Agency for Fundamental Rights~~, in matters covered by this Regulation in the framework of working arrangements concluded in accordance with Union law and policy. Those working arrangements should receive the Co~~mmission'~~uncil’s prior approval.

Amendment 5 #

Proposal for a regulation
Recital 1 a (new)

1a. This asylum policy should be sustainable, first and foremost, for the domestic population; this means that the procedures and scale of the asylum policy are to be directly approved by the nationals of a country.

Amendment 50 #

Proposal for a regulation
Recital 22

(22) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should cooperate with the European Migration Network, established by Council Decision 2008/381/EC10, to ensure synergies and avoid duplication of activities. __________________ 10 Council Decision of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).

Amendment 51 #

Proposal for a regulation
Recital 23

(23) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should cooperate with international organisations, in particular the United Nations High Commissioner for Refugees (UNHCR) in matters covered by this Regulation in the framework of working arrangements so as to benefit from their expertise and support. To that end, the roles of UNHCR and the other relevant international organisations should be fully recognised and those organisations should be involved in the work of the Agency. ~~The working arrangements should receive the Commission's prior approval.~~

Amendment 52 #

Proposal for a regulation
Recital 23 a (new)

23a. Such cooperation would, in particular, enable the Agency to send refugees to safe zones.

Amendment 53 #

Proposal for a regulation
Recital 24

(24) The European Union Agency for Asylum should facilitate operational cooperation between Member States in matters covered by this Regulation. It should also cooperate with authorities of third-countries in the framework of working arrangements which should receive the Commission's prior approval. The Agency should act in accordance with the Union's external relations policy and without hindering or conflicting with the external policy of Member States, and under no circumstances should it formulate any independent external policy. In their cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.

Amendment 54 #

Proposal for a regulation
Recital 24

(24) The European Union Agency for Asylum should facilitate operational cooperation between Member States in matters covered by this Regulation. It should also cooperate with authorities of third-countries in the framework of working arrangements which should receive the Commission's prior approval. The Agency should act in accordance with the Union's external relations policy and in alignment with the relations of the relevant Member States and under no circumstances should it formulate any independent external policy. In their cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.

Amendment 55 #

Proposal for a regulation
Recital 24

(24) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should facilitate operational cooperation between Member States in matters covered by this Regulation. It should also cooperate with authorities of third-countries in the framework of working arrangements which should receive the Co~~mmission'~~uncil’s prior approval. The Agency should act in accordance with the Union's external relations policy and under no circumstances should it formulate any independent external policy. In their cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.

Amendment 56 #

Proposal for a regulation
Recital 25

(25) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should maintain a ~~close~~ dialogue with civil society with a view to exchanging information and pooling knowledge in the field of asylum. The Agency should set up a Consultative Forum which should constitute a mechanism for the exchange of information and the sharing of knowledge. The Consultative Forum should assist the Executive Director and the Management Board in matters covered by this Regulation, particularly by highlighting the dangers linked to the presence of refugees.

Amendment 57 #

Proposal for a regulation
Recital 26

(26) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. All activities of the European Union Agency for AsylumAll activities of the Agency for inter-State cooperation to combat illegal immigration shall be carried out in full respect of ~~these~~ fundamental rights ~~and principles~~, including the right to asylum, the protection from refoulement, the right to respect for private and family life, the right to protection of personal data and the right to an effective remedy. The rights of the child and the special needs of vulnerable persons shall always being taken into accountof the domestic population to live in security in their own home.

Amendment 58 #

Urmas PAET

Proposal for a regulation
Recital 26 a (new)

26 a Everything possible must be done to guarantee refugees a humane living environment within Member States and refugee camps, particularly with regard to healthcare, the opportunity to receive an education, and the opportunity to work;

Amendment 59 #

Urmas PAET

Proposal for a regulation
Recital 26 b (new)

26 b Optimal financing of refugee camps and resource allocation must be followed, so that displaced persons are guaranteed the opportunity to continue living their lives with dignity;

Amendment 6 #

Proposal for a regulation
Recital 1 b (new)

1b. A country absolutely cannot be asked to host groups of foreigners if it does not have the resources to meet the needs of its own citizens properly.

Amendment 60 #

Proposal for a regulation
Recital 27

(27) The Commission and the Member States should be represented on the Management Board of the European Union Agency for Asylum in order to exercise a policy and political oversight over its workings. The Management Board should, where possible, consist of the operational heads of the Member States' asylum administrations or their representatives. It should be given the necessary powers, in particular to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision-making by the Agency, and appoint an Executive Director and Deputy Executive Director. The Agency should be governed and operated in line with the principles of the Common Approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the European Commission. Its headquarters should be located in a Member State which, because of its geographical location, is more exposed to disproportionate flows of refugees and migrants and consequent pressures.

Amendment 61 #

Proposal for a regulation
Recital 27

(27) The ~~Commission and the~~ Member States should be represented on the Management Board of the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration in order to exercise a policy and political oversight over its workings. The Management Board should, where possible, consist of the operational heads of the Member States' asylum administrations or their representatives. It should be given the necessary powers, in particular to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision-making by the Agency, and appoint an Executive Director and Deputy Executive Director. The Agency should be governed and operated in line with the principles of the Common Approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the European Commission.

Amendment 62 #

Proposal for a regulation
Recital 28

(28) In order to ensure uniform conditions for the implementation of this Regulation, in particular as regards situations requiring urgent action at the external borders, 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 Council11. __________________ 11 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 Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

Amendment 63 #

Proposal for a regulation
Recital 28

(28) In order to ensure uniform conditions for the implementation of this Regulation, in particular as regards situations requiring urgent action at the external borders, 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 Council11. __________________ 11Regulation (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 Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

Amendment 64 #

Proposal for a regulation
Recital 29

(29) The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration should be independent as regards operational and technical matters and it should enjoy legal, administrative and financial autonomy. To that end, it is necessary and appropriate that the Agency should be a body of the Union having legal personality and exercising the implementing powers conferred upon it by this Regulation.

Amendment 65 #

Proposal for a regulation
Recital 30

(30) In order to guarantee the autonomy of the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration, it should have its own budget, most of which comes essentially from a contribution from the Union. The financing of the Agency should be subject to an agreement by the budgetary authority as set out in point 31 of the Inter-institutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management12. The budgetary procedure of the Union should be applicable to the Union's contribution and to any grant chargeable to the general budget of the European Union. The auditing of accounts should be undertaken by the Court of Auditors. __________________ 12 OJ C 373, 20.12.2013, p. 1.

Amendment 66 #

Urmas PAET

Proposal for a regulation
Recital 30 a (new)

30a It is important that Member States continue to contribute financially and with other means towards effectively resolving the refugee crisis;

Amendment 67 #

Proposal for a regulation
Recital 31

(31) Any financial resources made available by the Agency for Inter-State Cooperation to Combat Illegal Immigration under the form of grants, delegated agreements or form of contract in accordance with this Regulation should not result in double financing with other national, European or international sources.

Amendment 68 #

Proposal for a regulation
Recital 32

(32) Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42) should apply to the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration.

Amendment 69 #

Proposal for a regulation
Recital 33

(33) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council 13should apply without restriction to the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration, which should accede to the Inter-institutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office14. __________________ 13 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 14 OJ L 136, 31.5.1999, p. 15.

Amendment 7 #

Proposal for a regulation
Recital 1 c (new)

1c. It is important to stress that certain cultural differences between domestic populations and people coming in from outside may make co-existence between the two impossible. A Member State may therefore not be required to host asylum seekers irrespective of their identity.

Amendment 70 #

Proposal for a regulation
Recital 34

(34) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents15 should apply to the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration. __________________ 15 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

Amendment 71 #

Proposal for a regulation
Recital 35

(35) Any processing of personal data by the ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration within the framework of this Regulation should be conducted in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council, and should respect the principles of necessity and proportionality16. The Agency may process personal data to perform its tasks of providing operational and technical assistance to Member States, to facilitate the exchange of information with Member States, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States, Europol or Eurojust, to analysing information on the situation of asylum and for administrative purposes. Any further processing of retained personal data for purposes other than those set out in this Regulation should be prohibited. __________________ 16 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 8, 12.1.2001, p. 1).

Amendment 72 #

Proposal for a regulation
Recital 39

(39) The Agency for Inter-State Cooperation to Combat Illegal Immigration should process personal data only for the purposes of performing its tasks of providing operational and technical assistance, when carrying out case sampling for the purposes of the monitoring exercise, possibly handling applications for international protection from children or vulnerable persons, facilitating the exchange of information with Member States, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States, Europol or Eurojust and in the framework of information obtained when performing its tasks in the migration management support teams at hotspots, and for analysing information on the situation of asylum. Any processing of personal data should respect the principle of proportionality and be strictly limited to personal data necessary for these purposes.

Amendment 73 #

Proposal for a regulation
Recital 40

(40) Any personal data that the Agency for Inter-State Cooperation to Combat Illegal Immigration processes, except those processed for administrative purposes, should be deleted after 30 days. A longer storage period is not necessary for the purposes for which the Agency processes personal data within the framework of this Regulation.

Amendment 74 #

Proposal for a regulation
Recital 42

(42) ~~Since~~In view of the objectives of this Regulation, namely the need to facilitate the implementation and improve the functioning of the CEAS, to strengthen practical cooperation and information exchange among Member States on asylum-related matters, to promote Union law and operational standards to ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, to monitor the operational and technical application of Union law and standards as regards asylumthe expulsion of refugees and to provide increased operational and technical support to Member States ~~for the management of the asylum and reception systems~~in this task, in particular to Member States subject to disproportionate pressure on their asylum and reception systems, ~~cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at the level of the Union,~~ the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. 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 75 #

Proposal for a regulation
Recital 42

(42) Since the objectives of this Regulation, namely the need to facilitate the implementation and improve the functioning of the CEAS, to strengthen practical cooperation and information exchange among Member States on asylum-related matters, to promote Union law and operational standards to ensure a high degree of uniformity and fairness as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, to monitor the operational and technical application of Union law and standards as regards asylum and to provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular to Member States subject to disproportionate pressure on their asylum and reception systems, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. 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 76 #

Proposal for a regulation
Recital 45

(45) Taking into account that Denmark has until now contributed to the practical cooperation between Member States within the area of asylum, the Agency should facilitate operational cooperation with Denmark. To that end, aA Danish representative should be invited to participate in all the meetings of the Management Board, without the right to vote.

Amendment 77 #

Proposal for a regulation
Chapter 1 – title

~~THE EUROPEAN UNION AGENCY FOR ASYLUM~~Agency for Inter-State Cooperation to Combat Illegal Immigration

Amendment 78 #

Proposal for a regulation
Article 1 – paragraph 1

1. The ~~European Union Agency for Asylum (the Agency) shall ensure the efficient and uniform application of Union asylum law in Member States. It~~Agency for Inter-State Cooperation to Combat Illegal Immigration (AICCII) shall facilitate the implementation and improve the functioning of the Common European Asylum System (CEAS), and it shall be responsible for enabling convergence in the assessment of applications for international protection across the Union, adopting an extremely restrictive approach.

Amendment 79 #

Proposal for a regulation
Article 1 – paragraph 2

2. The A~~gency~~ICCII shall be a centre of expertise by virtue of its independence, the scientific and technical quality of the assistance it provides and the information it disseminates, the transparency of its operating procedures and methods, its diligence in performing the duties assigned to it, and the information technology support needed to fulfil its mandate.

Amendment 8 #

Proposal for a regulation
Recital 1 d (new)

1d. The attacks in France, Belgium and Germany may have involved migrants who were asylum seekers. It must be borne in mind that refugee flows have been infiltrated by Islamic State combatants, and it is therefore of key importance to set to zero the target of drastically reducing these flows.

Amendment 80 #

Proposal for a regulation
Article 1 – paragraph 3

3. The ~~European Union Agency for Asylum~~Agency for Inter-State Cooperation to Combat Illegal Immigration shall be the new name for the European Asylum Support Office established by Regulation (EU) No 439/2010 of the European Parliament and of the Council. The activities of the Agency shall henceforth be based on this Regulation.

Amendment 81 #

Proposal for a regulation
Article 2 – paragraph 1 – introductory part

1. The A~~gency~~ICCII shall perform the following tasks:

Amendment 82 #

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) facilitate, coordinate and strengthen practical cooperation and information exchange among Member States on various aspects of asylum, particularly expulsions of illegal immigrants;

Amendment 83 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) gather and analyse information on the situation of asylum and on the implementation of the CEAS;

Amendment 84 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

Amendment 85 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) assist Member States on training of experts from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum that emphasises the overriding need to expel the refugees;

Amendment 86 #

Proposal for a regulation
Article 2 – paragraph 1 – point e

(e) draw up and regularly update reports and other documents providing for information on countries of origin at the level of the Union in order to bring about a better understanding of the reasons behind the migration movements and thus to be able to combat the causes of the floods of migration;

Amendment 87 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) provide effective operational and technical assistance to Member States, in particular when they are subject to disproportionate pressure onat their ~~asylum and reception system~~borders;

Amendment 88 #

Proposal for a regulation
Article 2 – paragraph 1 – point h

(h) assist with the relocation or transfer of beneficiaries of international protection ~~within the Union~~outside the EU;

Amendment 89 #

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) establish operational standards, indicators, guidelines and best practices in regard to the implementation of all instruments of Union law on ~~asylum~~expulsions of illegal foreigners;

Amendment 9 #

Proposal for a regulation
Recital 2

(2) The CEAS is based on common minimum standards for asylum procedures~~, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers~~. Notwithstanding progress on the CEAS, there are still significant disparities between the Member States in the granting of international protection and in the form that such international protection takes. Those disparities should be addressed by ensuring greater convergence in the assessment of applications for international protection and by guaranteeing a high and uniform level of application of Union law across the Union, with some Member States having chosen to receive a worrying number of refugees without considering the possible repercussions, particularly with regard to security, that their decision could have for the Member States.

Amendment 90 #

Proposal for a regulation
Article 2 – paragraph 1 – point l

(l) ~~monitor and~~ assess the implementation of the CEAS as well as the asylum and reception systems of Member States;

Amendment 91 #

Proposal for a regulation
Article 2 – paragraph 1 – point m

(m) support Member States in their cooperation with third countries in matters related to asylum, in particular as regards re~~sett~~foulement.

Amendment 92 #

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)

(mα) draw up and distribute a list of legitimate NGOs operating in the asylum sector.

Amendment 93 #

Proposal for a regulation
Article 2 – paragraph 2

2. The A~~gency~~ICCII shall support Member States in relation to the external dimension of the CEAS. In this regard, and in agreement with the Commission, the A~~gency~~ICCII shall coordinate the exchange of information and other action taken on issues arising from the implementation of instruments and mechanisms relating to the external dimension of the CEAS.

Amendment 94 #

Proposal for a regulation
Article 2 – paragraph 3

3. The Agency may engage in communication activities on its own initiative in the fields within its mandate, at the same time providing information to the Member States concerned. Communication activities shall not be detrimental to the tasks referred to in paragraphs 1 and 2, and shall be carried out in accordance with the relevant communication and dissemination plans adopted by the Management Board.

Amendment 95 #

Proposal for a regulation
Article 2 – paragraph 3

3. The A~~gency~~ICCII may engage in communication activities on its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraphs 1 and 2, and shall be carried out in accordance with the relevant communication and dissemination plans adopted by the Management Board.

Amendment 96 #

Proposal for a regulation
Article 2 – paragraph 3 a (new)

3a. The Agency will have the power to request the European Commission to open infringement proceedings against Member States that fail to apply EU legislation on asylum.

Amendment 97 #

Proposal for a regulation
Article 2 – paragraph 3 a (new)

3a. Specifically, it may communicate regarding the need to expel refugees whose presence is posing a disproportionate risk to the citizens of Member States;

Amendment 98 #

Proposal for a regulation
Article 3 – paragraph 1

1. The A~~gency~~ICCII and the Member States' asylum authorities, national immigration and asylum services and other national services shall be ~~subject to a duty~~encouraged to cooperate in good faith ~~and an obligation to exchange information~~.

Amendment 99 #

Laura FERRARA, Ignazio CORRAO, Laura AGEA, Fabio Massimo CASTALDO

Proposal for a regulation
Article 3 – paragraph 2

2. The Agency shall work closely with the Member States' asylum authorities, with national immigration and asylum services and other national services and with the Commission and the relevant EU agencies, particularly the European Border and Coast Guard. The Agency shall carry out its duties without prejudice to those assigned to other relevant bodies of the Union and shall work closely with those bodies and with the United Nations High Commissioner for Refugees (UNHCR).

source: 589.112

2016/10/27 LIBE 293 amendments...

Amendment 392 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Agency shall, in close cooperation with the UNHCR, assist the Commission in regularly reviewing the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX, including those that have been suspended by the Commission and those that have been removed from that list.

Amendment 393 #

Frank ENGEL, Carlos COELHO

Proposal for a regulation
Article 11 – paragraph 2

2. The Agency shall~~, at the request of the Commission, provide it with inform~~ provide the Commission with information and independent analysis on the situation onf specific third countries which could be considered for inclusion in the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX. The European Parliament may request that the Agency have access to this information and analysis.

Amendment 394 #

Proposal for a regulation
Article 11 – paragraph 2

Amendment 395 #

Sylvie GUILLAUME, Péter NIEDERMÜLLER, Birgit SIPPEL

Proposal for a regulation
Article 11 – paragraph 2

2. The Agency shall, at the request of the Commission, provide it with information on specific third countries which could be considered for inclusion in, suspension or removal from the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX.

Amendment 396 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Agency shall~~, at the request of~~ provide the Commission~~, provide it~~ with information on specific third countries which could be considered for inclusion in the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX.

Amendment 397 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 11 – paragraph 2

2. The Agency shall~~, at the request of~~ provide the Commission~~, provide it~~ with information on specific third countries which could be considered for inclusion inor removal from the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX.

Amendment 398 #

Sylvie GUILLAUME, Péter NIEDERMÜLLER, Birgit SIPPEL

Proposal for a regulation
Article 11 – paragraph 2 a (new)

2 a. Information provided by the Agency in accordance with paragraphs 1 and 2 shall be compiled in accordance with the general principles provided for in Article 8 of this Regulation and shall take into account information received from the UNHCR, United Nations human rights treaty monitoring bodies and Special Procedures, Council of Europe human rights monitoring mechanisms, the International Committee of the Red Cross (ICRC), relevant non-governmental organisations and other relevant independent and reliable sources.

Amendment 399 #

Proposal for a regulation
Article 11 – paragraph 2 a (new)

2 a. To carry out the tasks referred to in paragraphs 1 and 2, the Agency shall consult the UNHCR and relevant civil society organisations and take into consideration the information provided by them, including information provided within the Consultative Forum.

Amendment 400 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2

The European Parliament, the Council or the Commission may request the Agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that Directive are respected.

Amendment 401 #

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2

The Commission or the European Parliament may request the Agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that Directive are respected.

Amendment 402 #

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2

The Commission and Parliament may request the Agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that Directive are respected.

Amendment 403 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES, Miltiadis KYRKOS, Elly SCHLEIN

Proposal for a regulation
Article 12 – paragraph 1

1. The Agency shall organise and coordinate activities promoting a correct and effective implementation of Union law, including through the development of operational standards, indicators, guidelines or best practices on asylum- related matters, with special focus on female, disabled, LGBTI and underage asylum-seekers, and the exchange of best practices in asylum-related matters among Member States.

Amendment 404 #

Proposal for a regulation
Article 12 – paragraph 2

2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. In developing these guidelines, the Agency shall consult with European Judicial Training Network and relevant associations to ensure full respect for the independence of the judiciary. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.

Amendment 405 #

Proposal for a regulation
Article 12 – paragraph 2

2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission, the Consultative Forum, UNHCR and other relevant international and non-governmental organisations, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.

Amendment 406 #

Proposal for a regulation
Article 12 – paragraph 2

2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board and Parliament, communicate those standards, indicators, guidelines or best practices to the Member States.

Amendment 407 #

Carlos COELHO, Mariya GABRIEL, Traian UNGUREANU, Barbara MATERA, Roberta METSOLA, Rachida DATI, Tomáš ZDECHOVSKÝ, Barbara KUDRYCKA, Brice HORTEFEUX, Frank ENGEL, Jeroen LENAERS, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA

Proposal for a regulation
Article 12 – paragraph 2

2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission and Member-States, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.

Amendment 408 #

Laura FERRARA, Ignazio CORRAO, Laura AGEA, Fabio Massimo CASTALDO

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2 a. The agency shall consult, in the development of guidelines related to the implementation of instruments of Union law on asylum, with relevant judicial associations and members of courts of tribunals in order to ensure full respect for the independence of the judiciary.

Amendment 409 #

Proposal for a regulation
Article 12 – paragraph 3 a (new)

3a. In developing guidelines relating to the implementation of the instruments of Union law on asylum, the Agency shall consult members of courts and tribunals and the relevant judiciary associations, with a view to ensuring that the independence of the judiciary is fully upheld.

Amendment 410 #

Kinga GÁL

Proposal for a regulation
Article 13

Mechanism for monitoring and assessing 1. The Agency, in close cooperation with the Commission, shall establish a mechanism to: (a) monitor the implementation and assess all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by Member States, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons; (b) monitor compliance by Member States with operational standards, indicators guidelines and best practices on asylum; (c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctly. 2. The Agency may, in particular, base its assessment on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling. For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise. 3. The Agency shall assess the readiness of Member States to meet challenges from possible disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure and shall assist Member States to prepare and review their contingency planning, where necessary.Article 13 deleted the asylum and reception systems

Amendment 411 #

Proposal for a regulation
Article 13 – title

MReporting mechanism for ~~monitoring and~~ assessing the asylum and reception systems

Amendment 412 #

Laura FERRARA, Ignazio CORRAO, Laura AGEA, Fabio Massimo CASTALDO

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. The Agency~~, in close cooperation with the Commission, shall establish a mechanism to:~~ shall, at the request of the Commission, provide it with all relevant information and statistical data for monitoring purposes, in consultation with the Consultative Forum and in a bi- annual report. This report shall include all relevant information and statistical data for the purposes of:

Amendment 413 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. The Agency, in close cooperation with the Commission and, where appropriate, with judiciary associations with experience in asylum matters, shall establish a mechanism to:

Amendment 414 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. The Agency, in close cooperation with the Commission, the Consultative Forum and relevant international and non-governmental organisations, shall establish a mechanism to:

Amendment 415 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. The Agency, in close cooperation with the Commission and Parliament, shall establish a mechanism to:

Amendment 416 #

Laura FERRARA, Ignazio CORRAO, Laura AGEA, Fabio Massimo CASTALDO

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) monitor the implementation and assess all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, ~~the application of criteria determining protection need~~including the procedural safeguards, including the right of appeal, redress mechanisms, access to legal aid and interpretation for applicants, the application of criteria determining protection needs, the functioning of referral mechanisms for vulnerable applicants and the nature and quality of protection afforded to persons in need of international protection by Member States, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons;

Amendment 417 #

Maite PAGAZAURTUNDÚA

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) monitor the implementation and assess all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, ~~asylum procedures~~internment of asylum seekers, asylum procedures, including free legal assistance, the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by Member States, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons, such as people who have been resettled;

Amendment 418 #

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) monitor the implementation and assess all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, including the provisions on legal aid, the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by Member States, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons;

Amendment 419 #

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) monitoring the implementation and assessing all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by Member States, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons;

Amendment 420 #

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) monitor compliance by Member States with operational standards, indicators guidelines and best practices on asylum and issue recommendations to Member States for the improvement of asylum procedures and reception;

Amendment 421 #

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) monitoring compliance by Member States with operational standards, indicators guidelines and best practices on asylum;

Amendment 422 #

Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, ~~including the~~and that there are sufficient financial and human resources for the Member States´ judicial systems, to handle and manage asylum cases efficiently and correctly.

Amendment 423 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the exchange of best practices on the judicial system, to handle and manage asylum cases efficiently and correctly.

Amendment 424 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) verifying the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases ~~efficiently and correctly~~with full respect for Union and international law.

Amendment 425 #

Carlos COELHO, Alessandra MUSSOLINI, Traian UNGUREANU, Barbara MATERA, Roberta METSOLA, Tomáš ZDECHOVSKÝ, Barbara KUDRYCKA, Frank ENGEL, Jeroen LENAERS, Heinz K. BECKER, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system and judicial administration, to handle and manage asylum cases efficiently and correctly.

Amendment 426 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, ~~including the judicial system,~~ to handle and manage asylum cases efficiently and ~~correctly~~in accordance with EU law.

Amendment 427 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES, Miltiadis KYRKOS, Miriam DALLI

Proposal for a regulation
Article 13 – paragraph 1 a (new)

1 a. For the purposes of paragraph 1, the Agency shall have access to aggregated data from Eurodac and other relevant databases.

Amendment 428 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

The Agency ~~may~~shall, in particular, base its assessment on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits ~~and case sampling~~, case sampling and information provided by UNHCR and other relevant United Nations human rights treaty monitoring bodies, Special Procedures or Council of Europe human rights monitoring mechanisms and other relevant international and non- governmental organisations.

Amendment 429 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

The Agency may, in particular, base its assessment on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling, as well as consultations with other relevant partners, namely international organisations, such us UNHCR and Council of Europe, and non-governmental organisations.

Amendment 430 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

Amendment 431 #

Sophia IN 'T VELD, Cecilia WIKSTRÖM

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

The Agency may, in particular, base its assessment on information provided by Member States, independent monitoring and watchdog organisations, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling.

Amendment 432 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

Amendment 433 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

The Agency may, in particular, base its ~~assessmen~~report on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling.

Amendment 434 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 a (new)

In order to assist in these duties the agency may conduct unannounced on-site visits without prior notification to the Member State concerned. General guidelines on practical arrangements for such visits shall be established by the Commission in close cooperation with the Member States.

Amendment 435 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2

For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, including availability of free legal assistance and quality interpretation, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.

Amendment 436 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2

For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate any on-site visit that the Agency shall carry out in consultation with the Member State concerned for the purposes of the monitoring exercise.

Amendment 437 #

Carlos COELHO, Traian UNGUREANU, Barbara MATERA, Roberta METSOLA, Rachida DATI, Tomáš ZDECHOVSKÝ, Barbara KUDRYCKA, Brice HORTEFEUX, Frank ENGEL, Jeroen LENAERS, Heinz K. BECKER, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2

For that purpose, if Member States agree, they shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.

Amendment 438 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2

For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate and actively support any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.

Amendment 439 #

Carlos COELHO, Traian UNGUREANU, Barbara MATERA, Roberta METSOLA, Barbara KUDRYCKA, Frank ENGEL, Jeroen LENAERS, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA

Proposal for a regulation
Article 13 – paragraph 3

Amendment 440 #

Proposal for a regulation
Article 13 – paragraph 3

3. The Agency shall assess the capacity and readiness of Member States to meet challenges from p~~ossibl~~resent and future disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure and shall assist Member States to prepare and review their contingency planning, where necessary.

Amendment 441 #

Monika HOHLMEIER, Alessandra MUSSOLINI, Salvatore Domenico POGLIESE, Jeroen LENAERS

Proposal for a regulation
Article 13 – paragraph 3

Amendment 442 #

Proposal for a regulation
Article 13 – paragraph 3 a (new)

3 a. In order to gain real-time information on the implementation of the CEAS and in order to complement the data and information conveyed by the Member States, EASO shall have access to the meta-data of the relevant Justice and Home affairs data bases, such as Eurodac, VIS and the future Entry-Exit- System, in full compliance with Article 30.

Amendment 443 #

Carlos COELHO, Traian UNGUREANU, Barbara MATERA, Roberta METSOLA, Barbara KUDRYCKA, Frank ENGEL, Jeroen LENAERS, Heinz K. BECKER, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA

Proposal for a regulation
Article 13 – paragraph 3 a (new)

3 a. The previous paragraphs are without prejudice to the competences of the European Commission foreseen in the Treaties, including article 258 on the Treaty on the Functioning of the European Union.

Amendment 444 #

Carlos COELHO, Mariya GABRIEL, Traian UNGUREANU, Barbara MATERA, Roberta METSOLA, Barbara KUDRYCKA, Frank ENGEL, Jeroen LENAERS, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA

Proposal for a regulation
Article 13 – paragraph 3 b (new)

3 b. For the purposes of paragraph 1, the Agency shall receive anonymised data from Eurodac in real time.

Amendment 445 #

Kinga GÁL

Proposal for a regulation
Article 14

~~[...]~~deleted

Amendment 446 #

Proposal for a regulation
Article 14 – title

Procedure for ~~monit~~reporting ~~and assessment~~ by the Agency

Amendment 447 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

Amendment 448 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

The ~~Management Board~~Agency shall, in consultation with the Commission. the Fundamental Rights Officer and the Consultative Forum, set the programme for monitoring and assessing the asylum and reception systems in each Member State, or of all Member States on the basis of thematic or specific aspects of the asylum systems. That programme shall form part of the multi- annual and annual programming referred to in Article 41.

Amendment 449 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

The Management Board shall, in consultation with the Commission, set the programme for ~~monit~~reporting ~~and assessing~~ on the asylum and reception systems in each Member State, or of all Member States on the basis of thematic or specific aspects of the asylum systems. That programme shall form part of the multi-annual and annual programming referred to in Article 41.

Amendment 450 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2

Amendment 451 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2

The multi-annual programming shall list the Member States whose asylum and reception systems shall be ~~monit~~reported on each year, ensuring that each Member State shall be ~~monitored~~the subject of report at least once in every ~~five~~two-year period.

Amendment 452 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2

Amendment 453 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2

Amendment 454 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3

The annual work programme shall list the Member States to be ~~monitored~~subject of a report the following year in accordance with the multi-annual programming and the thematic assessments. It shall include an indication of what the ~~monitoring~~report shall consist of and a schedule for any on-site visits. Unannounced on-site visits may also be conducted.

Amendment 455 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5

The Agency may initiate a monitoring exercise for the assessment of the asylum or reception systems of a Member State on its own initiative or at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State's asylum or reception systems. The Agency may carry out ad-hoc unannounced on-site visits to verify specific aspects of a Member State's asylum or reception systems. The Agency shall timely notify Member States of the intention to carry out ad-hoc on-site visits.

Amendment 456 #

Carlos COELHO, Barbara MATERA, Barbara KUDRYCKA, Frank ENGEL, Jeroen LENAERS, Monika HOHLMEIER

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5

The Agency, at the request of the Commission, may initiate an exceptional monitoring exercise for the assessment of the asylum or reception systems of a Member State ~~on its own initiative~~whenever: (a) there are serious concerns regarding the functioning orf a~~t the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State's~~ny aspect of that Member State's asylum or reception systems; or (b) there are serious concerns regarding the capacity and readiness of Member States to meet challenges from present and future disproportionate pressure on their asylum orand reception systems.

Amendment 457 #

Sophia IN 'T VELD, Cecilia WIKSTRÖM

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5

Amendment 458 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5

The Agency ~~may~~shall initiate a monitoring exercise for the assessment of the asylum or reception systems of a Member State on its own initiative or at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State's asylum or reception systems.

Amendment 459 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5

The Agency may initiate a ~~monitor~~reporting exercise for the assessment of the asylum or reception systems of a Member State on its own initiative or at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State's asylum or reception systems.

Amendment 460 #

Proposal for a regulation
Article 14 – paragraph 2

2. The Agency shall set up teams of 2. experts for each monitoring exercise, including for the on-site visits as necessary. The teams of experts shall be composed of experts from the Agency's own staff and Commission representatives. The team of experts shall be responsible for drawing up a report based on the findings of on-site visits and information provided by Member States, as well as consultations with other relevant partners, namely international organisations, such us UNHCR and Council of Europe, and non- governmental organisations.

Amendment 461 #

Proposal for a regulation
Article 14 – paragraph 2

2. The Agency shall set up teams of experts for each ~~monitor~~reporting exercise, including for the on-site visits as necessary. The teams of experts shall be composed of experts from the Agency's own staff and Commission representatives. The team of experts shall be responsible for drawing up a report based on the findings of on-site visits and information provided by Member States as well as other relevant stakeholders, such as the UNHCR and non-governmental organisations.

Amendment 462 #

2. The Agency shall set up teams of experts for each monitoring exercise, including for the on-site visits as necessary. The teams of experts shall be composed of experts from the Agency's own staff, Consultative Forum and Commission representatives. The team of experts shall be responsible for drawing up a report based on the findings of on-site visits and information provided by Member States and relevant international and non- governmental organisations.

Amendment 463 #

Proposal for a regulation
Article 14 – paragraph 2

2. The Agency shall set up teams of experts for each monitoring exercise, including for the on-site visits as necessary. The teams of experts shall be composed of experts from the Agency's own staff, experts invited from NGOs working in the field and Commission representatives. The team of experts shall be responsible for drawing up a report based on the findings of on-site visits and information provided by Member States.

Amendment 464 #

Maite PAGAZAURTUNDÚA

Amendment 465 #

Carlos COELHO, Mariya GABRIEL, Traian UNGUREANU, Barbara MATERA, Roberta METSOLA, Barbara KUDRYCKA, Frank ENGEL, Jeroen LENAERS, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA

Proposal for a regulation
Article 14 – paragraph 2

2. The Agency shall set up teams of experts for each monitoring exercise, including for the on-site visits as necessary. The teams of experts shall be composed of experts from the Agency's own staff and Commission and Parliament representatives. The team of experts shall be responsible for drawing up a report based on the findings of on-site visits and information provided by Member States.

Amendment 466 #

2 a. If an on-site visit reveals serious deficiencies deemed to jeopardize the functioning of the CEAS or to constitute a serious threat to public policy or internal security within the area without internal borders, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.

Amendment 467 #

Filiz HYUSMENOVA, Cecilia WIKSTRÖM, Louis MICHEL, Nathalie GRIESBECK

Proposal for a regulation
Article 14 – paragraph 3

Amendment 468 #

Proposal for a regulation
Article 14 – paragraph 3

Amendment 469 #

Proposal for a regulation
Article 14 – paragraph 3

Amendment 470 #

Proposal for a regulation
Article 14 – paragraph 3

Amendment 471 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Miltiadis KYRKOS, Caterina CHINNICI, Elly SCHLEIN

Proposal for a regulation
Article 14 – paragraph 3

3. The Executive Director shall transmit the draft report of the team of experts to the Member State concerned, which shall provide its comments on that draft report. The Executive Director shall then submit the draft report, taking into account the comments of the Member State concerned, to the Management Board. The Management Board shall ~~adopt the monitoring report and~~ transmit it to the Commission and the European Parliament.

Amendment 472 #

Proposal for a regulation
Article 14 – paragraph 4

4. The Executive Director, after consultation with the Commission, shall submit draft recommendations to the Member State concerned outlining the necessary measures to address shortcomings identified in the monitoring report. The Member State concerned shall be given one month to comment on the draft recommendations and ten days in the event of the situation referred to in point (c) of paragraph 1. The draft recommendations shall be transmitted to the European Parliament. After giving consideration to those comments, the Management Board shall adopt the recommendations and it shall invite the Member State concerned to draw up an action plan outlining the measures to remedy any shortcomings. The recommendations shall be made publicly available.

Amendment 473 #

Proposal for a regulation
Article 14 – paragraph 4

4. The Executive Director, after consultation with the Commission, the Fundamental Rights Officer and the Consultative Forum, shall submit draft recommendations to the Member State concerned outlining the necessary measures to address shortcomings identified in the monitoring report. The Member State concerned shall be given one month to comment on the draft recommendations. After giving consideration to those comments, the Management Board shall adopt the recommendations and it shall invite the Member State concerned to draw up an action plan outlining the measures to remedy any shortcomings.

Amendment 474 #

Proposal for a regulation
Article 14 – paragraph 4

4. The ~~Executive Director, after consultation with the~~ Commission, shall submit draft recommendations to the Member State concerned outlining the necessary measures to address shortcomings identified in the ~~monitoring~~ report. The Member State concerned shall be given one month to comment on the draft recommendations. After giving consideration to those comments, the ~~Management Board~~Commission shall adopt the recommendations and it shall invite the Member State concerned to draw up an action plan outlining the measures to remedy any shortcomings.

Amendment 475 #

4. The Executive Director, after consultation with the Commission, shall ~~submi~~request draft recommendations to the Member State concerned outlining the necessary measures to address shortcomings identified in the monitoring report. The Member State concerned shall be given one month to comment on the draft recommendations. After giving consideration to those comments, the Management Board shall adopt the recommendations and it shall invite the Member State concerned to draw up an action plan outlining the measures to remedy any shortcomings.

Amendment 476 #

Proposal for a regulation
Article 14 – paragraph 4

4. The Executive Director, after consultation with the Commission, shall submit draft ~~recommend~~observations to the Member State concerned outlining the necessary measures to address shortcomings identified in the monitoring report. The Member State concerned shall be given one month to comment on theat draft ~~recommendations~~. After giving consideration to those comments, the Management Board shall adopt the recommendations and it shall invite the Member State concerned to draw up an action plan outlining the measures to remedy any shortcomings.

Amendment 477 #

Proposal for a regulation
Article 14 – paragraph 4

Amendment 478 #

Proposal for a regulation
Article 14 – paragraph 5

5. The Member State concerned shall provide the ~~Agency~~Commission with an action plan within one month from adoption of the recommendations referred to in paragraph 4. The Agency shall be invited to provide the Commission with an opinion on the Member State action plan within one month in consultation with UNHCR and relevant stakeholders. That Member State shall report to the ~~Agency~~Commission on the implementation of the action plan within three months from the adoption of the recommendations and shall thereafter continue to report every month for a maximum of six months. That Member State report shall be communicated to the Agency in order for this information to be taken into account in its reports.

Amendment 479 #

Carlos COELHO, Jeroen LENAERS, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Roberta METSOLA, Traian UNGUREANU, Barbara MATERA, Mariya GABRIEL, Barbara KUDRYCKA, Frank ENGEL

Proposal for a regulation
Article 14 – paragraph 5

5. The Member State concerned shall provide the Agency with an action plan within one month from adoption of the ~~recommend~~observations referred to in paragraph 4. That Member State shall report to the Agency on the implementation of the action plan within three months from the adoption of the ~~recommend~~observations and shall thereafter continue to report every month for a maximum of six months.

Amendment 480 #

Proposal for a regulation
Article 14 – paragraph 5 a (new)

5 a. Upon request of the European Parliament, the Agency shall transmit any document pertaining to the monitoring exercise.

Amendment 481 #

Proposal for a regulation
Article 14 – paragraph 6

~~6. The Agency shall inform the Commission on a regular basis of the implementation of the action plan.~~deleted

Amendment 482 #

Carlos COELHO, Barbara MATERA, Jeroen LENAERS, Heinz K. BECKER, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL, Mariya GABRIEL, Traian UNGUREANU, Rachida DATI, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 14 – paragraph 6

6. The Agency shall inform the Commission and the European Parliament on a regular basis of the implementation of the action plan.

Amendment 483 #

Proposal for a regulation
Article 14 – paragraph 6

6. The Agency shall inform the Commission and the European Parliament on a regular basis of the implementation of the action plan.

Amendment 484 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 14 – paragraph 6

6. The Agency shall inform the Commission and Parliament on a regular basis of the implementation of the action plan.

Amendment 485 #

Proposal for a regulation
Article 14 a (new)

Article 14 a Liaison officers 1. In order to assist the agency in carrying out its duties under Articles 13 and 14 the Agency shall ensure regular monitoring of the management by Member State of the CEAS through liaison officers of the Agency. The Agency may decide that a liaison officer covers up to four Member States which are geographically close to each other. 2. The Executive Director shall appoint experts from the staff of the Agency to be deployed as liaison officers. The Executive Director shall, in consultation with the Member States concerned, make a proposal on the nature and terms of the deployment and the Member State or region to which a liaison officer may be deployed. The proposal from the Executive Director shall be subject to approval by the Management Board. The Executive Director shall notify the Member State concerned of the appointment and shall determine, together with the Member State, the location of deployment. 3. Liaison officers shall act on behalf of the Agency and shall foster cooperation and dialogue between the Agency and the national authorities responsible for the application of the CEAS, in particular the authorities in charge of processing asylum applications. Liaison officers shall, in particular: (a) act as an interface between the Agency and the national authorities responsible for asylum; (b) support the collection of information referred to in Articles 13 and 14 and information required by the Agency; (c) contribute to promoting the application of the Union acquis relating to the management of the CEAS, including with regard to respect for fundamental rights; (d) assist, where possible, the Member States in preparing their contingency planning for measures to be taken to deal with possible disproportionate pressure on their asylum and reception systems; (e) facilitate communication between the Member State concerned and the Agency, share relevant information from the Agency with the Member State concerned, including information about ongoing operations; (f) report regularly to the Executive Director on the capacity of the Member State concerned to deal effectively with its obligations under the CEAS; Where the liaison officer's reports referred to in point (f) raise concerns about one or more aspects relevant for the Member State concerned, the Member State concerned shall be informed without delay by the Executive Director. 4. In carrying out their duties, the liaison officers shall take instructions only from the Agency.

Amendment 486 #

Kinga GÁL

Proposal for a regulation
Article 15

1. Where, after the period referred to in Article 14(5), the Member State concerned has not fully implemented the action plan and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission shall, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlining the measures needed to remedy the serious shortcomings, and where necessary setting out the measures to be taken by the Agency to support that Member State. 2. The Commission may, taking into account the seriousness of the shortcomings identified, organise on-site visits to the Member State concerned to verify the implementation of the action plan. 3. The Member State concerned shall report to the Commission on the implementation of the recommendations referred to in paragraph 1 within the time-limit set in those recommendations. If after that time-limit, the Commission is not satisfied that the Member State has fully complied with those recommendations, it may take further action in accordance with Article 22(3). 4. The Commission shall inform the European Parliament and the Council on a regular basis about the progress made by the Member State concerned.Article 15 deleted Follow-up and monitoring

Amendment 487 #

Sophia IN 'T VELD, Cecilia WIKSTRÖM

Proposal for a regulation
Article 15 – paragraph 1

1. Where, after the period referred to in Article 14(5), the Member State concerned has not fully implemented the action plan ~~and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS~~, the Commission shall, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlining the measures needed to remedy the serious shortcomings, and where necessary setting out the measures to be taken by the Agency to support that Member State.

Amendment 488 #

Proposal for a regulation
Article 15 – paragraph 1

1. Where, after the period referred to in Article 14(5), the Member State concerned has not fully implemented the action plan and the shortcomings in the asylum and reception systems are so serious that they ~~jeopardize the functioning of the CEAS~~represent a clear breach of the right to asylum and fundamental rights, the Commission shall, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlining the measures needed to remedy the serious shortcomings, and where necessary setting out the measures to be taken by the Agency to support that Member State.

Amendment 489 #

Carlos COELHO, Barbara MATERA, Jeroen LENAERS, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL, Traian UNGUREANU, Roberta METSOLA, Barbara KUDRYCKA, Mariya GABRIEL

Proposal for a regulation
Article 15 – paragraph 2

2. The Commission may, taking into account the seriousness of the shortcomings identified, organise announced and unannounced on-site visits to the Member State concerned to verify the implementation of the action plan.

Amendment 490 #

Proposal for a regulation
Article 15 – paragraph 2 a (new)

Amendment 491 #

Proposal for a regulation
Article 15 – paragraph 3

3. The Member State concerned shall report to the Commission on the implementation of the recommendations referred to in paragraph 1 within the time- limit set in those recommendations. ~~If after that time-limit, the Commission is not satisfied that the Member State has fully complied with those recommendations, it may take further action in accordance with Article 22(3).~~

Amendment 492 #

Carlos COELHO, Mariya GABRIEL, Tomáš ZDECHOVSKÝ, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Heinz K. BECKER, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Frank ENGEL, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA

Proposal for a regulation
Article 15 – paragraph 3

3. The Member State concerned shall report to the Commission on the implementation of the ~~recommend~~observations referred to in paragraph 1 within the time- limit set in those ~~recommend~~observations. If after that time-limit, the Commission is not satisfied that the Member State has fully complied with those recommendations, it may take further action in accordance with Article 22(3) after obtaining the agreement of Parliament and of the Council.

Amendment 493 #

Proposal for a regulation
Article 15 – paragraph 4 a (new)

4 a. Upon request of the European Parliament, the European Commission shall transmit any document pertaining to the monitoring exercise.

Amendment 494 #

Laura FERRARA, Ignazio CORRAO, Laura AGEA, Fabio Massimo CASTALDO

Proposal for a regulation
Article 16 – paragraph 1 a (new)

1a. The Agency shall provide Member States with assistance in administering the CEAS, in particular in assessing the admissibility of asylum applications. The Agency shall send liaison officers to third countries, in particular to provide support for and facilitate resettlement operations. Agency officials deployed in third countries shall cooperate with the UNHCR and other relevant organisations working in those countries.

Amendment 495 #

Frank ENGEL, Carlos COELHO

Proposal for a regulation
Article 16 – paragraph 2

2. Member States shall submit a request for assistance to the Executive Director describing the situation and the purpose of the request. The request shall be accompanied by a detailed assessment of needs. The Executive Director shall evaluate, approve and coordinate requests for assistance. Each shall be subject to a thorough and reliable assessment enabling the Agency to identify and propose, within a reasonable time frame, a set of measures as referred to in paragraph 3 that can meet the needs of the Member State concerned.

Amendment 496 #

Proposal for a regulation
Article 16 – paragraph 3 – point b

~~(b) facilitate the examination of applications for international protection that are under examination by the competent national authorities;~~deleted

Amendment 497 #

Proposal for a regulation
Article 16 – paragraph 3 – point b

(b) assist Member States by facilitateing the examination of applications for international protection that are under examination by the competent national authorities;

Amendment 498 #

Proposal for a regulation
Article 16 – paragraph 3 – point e

(e) assist with the provision of information on the international protection procedure, including information on the rights of the applicant, appeal procedures, access to reception and referral mechanisms for vulnerable groups, unaccompanied children and children with their families, and produce ad-hoc informative leaflets concerning CEAS provisions to be distributed to migrants and asylum seekers;

Amendment 499 #

Proposal for a regulation
Article 16 – paragraph 3 – point f a (new)

(f a) advise and coordinate the setting up or provision of referral and protection mechanisms for vulnerable groups, including unaccompanied children and children with their families, victims of torture, victims of trafficking and victims of crime

Amendment 500 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 16 – paragraph 3 – point g

~~(g) assist with the relocation or transfer of beneficiaries of international protection within the Union;~~deleted

Amendment 501 #

Proposal for a regulation
Article 16 – paragraph 3 – point g

(g) ~~assist with~~perform its tasks and obligations with regards to the relocation or transfer of beneficiaries ofand applicants for international protection within the Union in accordance with the provisions of regulation xxx/xxx [Dublin regulation];

Amendment 502 #

Alessandra MUSSOLINI, Salvatore Domenico POGLIESE

Proposal for a regulation
Article 16 – paragraph 3 – point i

(i) assist Member States in ensuring that all the necessary child rights and child protection safeguards are ~~in place;~~effectively implemented respecting the best interest of the child:

Amendment 503 #

Carlos COELHO, Mariya GABRIEL, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Heinz K. BECKER, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL

Proposal for a regulation
Article 16 – paragraph 3 – point i

(i) assist Member States in ensuring that all the necessary fundamental rights safeguards, including child rights and child protection safeguards, are in place;

Amendment 504 #

Proposal for a regulation
Article 16 – paragraph 3 – point i a (new)

(i a) Assist Member States in ensuring all the necessary safeguards for vulnerable groups are in place;

Amendment 505 #

Martina ANDERSON, Barbara SPINELLI, Malin BJÖRK, Cornelia ERNST

Proposal for a regulation
Article 16 – paragraph 3 – point j

~~(j) form part of the migration management support teams at hotspot areas referred to in Regulation No XXX/XXX.23 _________________ 23 OJ L […]~~deleted

Amendment 506 #

Laura FERRARA, Ignazio CORRAO, Laura AGEA, Fabio Massimo CASTALDO

(ja) assist the judiciary of the relevant Member States by deploying judges from other Member States who have experience of hearing asylum cases.

Amendment 507 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 16 – paragraph 3 – point j a (new)

(j a) provide any additional form of operational and technical assistance requested by the Member State in accordance with paragraph 1

Amendment 508 #

Monika HOHLMEIER, Alessandra MUSSOLINI, Jeroen LENAERS, Salvatore Domenico POGLIESE

Proposal for a regulation
Article 16 – paragraph 4

4. The Agency shall finance or co- finance the activities set out in paragraph 3 from its budget in accordance with the financial rules applicable to the Agency. The costs incurred by Member States within those activities shall be regarded as incurred in the name and for the account of the Agency.

Amendment 509 #

Monika HOHLMEIER

Proposal for a regulation
Article 16 – paragraph 4 a (new)

4 a. Including in the event foreseen in paragraph 3 of Article 22, the measures set out in paragraph 3 must not interfere with the independence and the functioning of the judiciary of the Member State concerned;

Amendment 510 #

Proposal for a regulation
Article 16 – paragraph 5

5. The Executive Director shall evaluate the result of the operational and technical measures and shall transmit detailed evaluation reports to the Management Board within 60 days from the end of those measures, together with the observations of the Fundamental Rights Officer. The Agency shall make a comprehensive comparative analysis of those results which shall be included in the annual activity report referred to in Article 65.

Amendment 511 #

Laura FERRARA, Ignazio CORRAO, Laura AGEA, Fabio Massimo CASTALDO

Proposal for a regulation
Article 16 – paragraph 5

5. The Executive Director shall evaluate the result of the operational and technical measures and shall transmit detailed evaluation reports to the Management Board, the European Commission and the European Parliament within 60 days from the end of those measures. The Agency shall make a comprehensive comparative analysis of those results which shall be included in the annual activity report referred to in Article 65.

Amendment 512 #

Proposal for a regulation
Article 16 a (new)

Article 16a Liaison officers in Member States The Agency shall assist each Member State in implementing the CEAS by providing liason officers appointed by the Executive Director from among the experts on the Agency's staff.

Amendment 513 #

3. ~~On a proposal by t~~The Executive Director, the Management Board shall decide by an absolute majority of its members with a right to vote on the profiles and the overall number of experts to be made available for the asylum support teams. The same procedure shall apply to any subsequent changes in the profiles and the overall number of experts shall be responsible for ensuring that the overall number and the composition of experts to be made available for the asylum support teams is in accordance with the request, depending on the needs on the ground, of the host Member State.

Amendment 514 #

Proposal for a regulation
Article 17 – paragraph 5

5. As part of the asylum support teams, the Agency shall ~~set up a list of~~be able to provide interpreters. Member States shall assist the Agency in ~~identify~~providing interpreters ~~for the list of interpreters. Member States may choose either to deploy the interpreters or to make them available by video- conferencing~~. If sufficient interpreters are not provided, the Agency shall issue a call for proposals.

Amendment 515 #

Proposal for a regulation
Article 17 – paragraph 7

7. Member States shall ensure that the experts that they contribute match the profiles and numbers ~~decided upon by the Management Boar~~requested by the Member State in need. The duration of deployment shall be determined by the home Member State but it shall not be less than 360 days.

Amendment 516 #

Proposal for a regulation
Article 17 – paragraph 7

7. Member States shall ensure that the experts that they contribute match the profiles and numbers decided upon by the Management Board. The duration of deployment shall be determined by the home Member State but it shall not be less than 360 days.

Amendment 517 #

Proposal for a regulation
Article 17 – paragraph 7

Amendment 518 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES, Miltiadis KYRKOS, Caterina CHINNICI

Proposal for a regulation
Article 17 – paragraph 8

8. The Agency shall contribute to the asylum support teams with experts from its own staff employed and trained specifically for field work and trained interpreters.

Amendment 519 #

Proposal for a regulation
Article 17 – paragraph 8 a (new)

8 a. The Agency shall inform the European Parliament on an annual basis of the number of experts deployed to the asylum support teams in accordance with this Article. This report shall list the Member States that have invoked the exceptional situation referred to in paragraph 6 in the previous year. It shall also include the reasons and information provided by the Member State concerned.

Amendment 520 #

Proposal for a regulation
Article 17 – paragraph 8 a (new)

8 a. Where the Member States are unable to provide the expertise deemed to be essential for operations it needs to carry out, the Agency may take the measures necessary to source such expertise from relevant experts and organisations drawing on the expertise of the Consultative Forum.

Amendment 521 #

Carlos COELHO, Mariya GABRIEL, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL

Proposal for a regulation
Article 18 – paragraph 2

2. The Management Board shall, on a proposal of the Executive Director, decide by a three-fourths majority of members with a right to vote on the profiles of experts and on the share that each Member State shall contribute to constitute the asylum intervention pool. The same procedure shall apply to any subsequent changes in the profiles and the overall number of experts.deleted

Amendment 522 #

Proposal for a regulation
Article 18 – paragraph 2

Amendment 523 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 18 – paragraph 2

2. The Management Board shall, on a proposal of the Executive Director, decide ~~by a three-fourths majority of members with a right to vote on the profiles of experts and~~ on the share that each Member State shall contribute to constitute the asylum intervention pool. The same procedure shall apply to any subsequent changes in the profiles and the overall number of experts.

Amendment 524 #

3. Member States shall contribute to the asylum intervention pool through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles. The duration of deployment shall be determined by the home Member State but it shall not be less than 360 days.

Amendment 525 #

Proposal for a regulation
Article 18 – paragraph 3

Amendment 526 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES, Caterina CHINNICI

Proposal for a regulation
Article 18 – paragraph 3

Amendment 527 #

Proposal for a regulation
Article 18 – paragraph 3 a (new)

3 a. Executive Director may verify whether the experts proposed by Member States correspond to the defined profiles and qualifications and shall decide on the experts to be chosen from the asylum intervention pool. The Executive Director may request the Member State to remove an expert from the asylum intervention pool where those requirements are not met or in case of misconduct or infringement of the applicable deployment rules.

Amendment 528 #

Carlos COELHO, Mariya GABRIEL, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Frank ENGEL

Proposal for a regulation
Article 18 – paragraph 3 a (new)

3 a. Each Member State shall be responsible for its contribution to the number of experts, as referred to in paragraph 1, in accordance with Annex Ia.

Amendment 529 #

Carlos COELHO, Mariya GABRIEL, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL

Proposal for a regulation
Article 18 – paragraph 3 b (new)

3 b. if a situation arises in which more experts are required than provided for under paragraphs 1, the executive director shall immediately inform the European Parliament, the Council and the Commission. He or she shall also call upon the Council to seek commitments from Member States to meet the shortage.

Amendment 530 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES, Miltiadis KYRKOS, Caterina CHINNICI

Proposal for a regulation
Article 18 – paragraph 3 b (new)

3 b. The Agency shall inform the European Parliament on an annual basis of the number of experts that each Member State has committed and the number experts actually deployed from the pool to the different teams in accordance with this Article.

Amendment 531 #

Proposal for a regulation
Article 19 – paragraph 2 – point e

(e) a detailed and clear description of the tasks, responsibilities and special instructions for the asylum support teams or experts from the asylum intervention pool, and for the members of the teams involved in activities of the Agency, including the national and European databases that they are authorised to consult and the equipment that they may use or carry in the host Member State;

Amendment 532 #

Proposal for a regulation
Article 19 – paragraph 2 – point h

(h) regarding assistance with applications for international protection, including as regards the examination of such applications, specific information on the tasks that the asylum support teams or the experts from the asylum intervention pool may perform as well as a clear description of their responsibilities and accountability and reference to applicable national, international, human rights and Union law;

Amendment 533 #

Proposal for a regulation
Article 19 – paragraph 2 – point h

(h) regarding assistance with applications for international protection, including as regards the examination of such applications, specific information on the tasks that the asylum support teams or the experts and their required qualifications from the asylum intervention pool may perform as well as reference to applicable national and Union law;

Amendment 534 #

Proposal for a regulation
Article 19 – paragraph 2 – point h

(h) regarding assistance with applications for international protection, ~~including as regard~~which excludes the examination of such applications, specific information on the tasks that the asylum support teams or the experts from the asylum intervention pool may perform as well as reference to applicable national and Union law;

Amendment 535 #

Proposal for a regulation
Article 19 – paragraph 2 – point i

(i) a reporting and evaluation scheme containing benchmarks for the evaluation report, including the protection of fundamental rights, and final date of submission of the final evaluation report;

Amendment 536 #

Proposal for a regulation
Article 19 – paragraph 2 – point j

(j) modalities of cooperation with ~~third countries,~~ other Union agencies, bodies, offices or international organisations;

Amendment 537 #

Proposal for a regulation
Article 19 – paragraph 2 – point k

(k) procedures whereby persons in need of international protection, victims of trafficking in human beings, victims of torture, victims of crime, unaccompanied minors and persons in a vulnerable situation are ~~direct~~referred to the competent national authorities for appropriate assistance. and protection.

Amendment 538 #

Proposal for a regulation
Article 19 – paragraph 2 – point k a (new)

(k a) procedures setting out a mechanism to receive and transmit to the Agency a complaint against any person participating in operational activities carried out by the Agency or with the participation of the Agency, including with third countries, including staff of the Agency, experts, seconded experts and other relevant staff of the host Member State or third country alleging breaches of fundamental rights in the context of the operation;

Amendment 539 #

Proposal for a regulation
Article 19 – paragraph 2 – point k b (new)

(k b) Detailed provisions on fundamental rights safeguards;

Amendment 540 #

Proposal for a regulation
Article 19 – paragraph 2 – point k c (new)

(k c) provisions on risks of fundamental rights violations and steps taken to avoid such violations and ensure accountability for and non-repetition of such violations, including in relations to the powers to suspend and terminate the deployment of the asylum support teams in accordance with Article 20 (6).

Amendment 541 #

Proposal for a regulation
Article 20 – paragraph 1

1. If necessary, the Executive Director may send experts from the Agency to assess the situation in the Member State requesting assistance. The Executive Director shall immediately notify the Management Board, Parliament and the Member State of any request for deployment of asylum support teams.

Amendment 542 #

Proposal for a regulation
Article 20 – paragraph 2

2. The Executive Director shall take a decision on the request for deployment of asylum support teams within three working days from the date of receipt of the request. The Executive Director shall at the same time notify the Member State requesting assistance ~~and~~, the Management Board and Parliament of the decision in writing stating the main reasons for his or her decision.

Amendment 543 #

Proposal for a regulation
Article 20 – paragraph 3

3. When determining the composition of each asylum support team, the Executive Director shall take into account the particular circumstances of the Member State requesting assistance and its assessment of needs. The asylum support team shall be constituted in accordance with the operational plan and shall receive timely and appropriate training ahead of the deployment, including on operationalisation of fundamental rights.

Amendment 544 #

Proposal for a regulation
Article 20 – paragraph 5

5. As soon as the operational plan is agreed, the Executive Director shall request the Member States to deploy the experts within no more than seven working days. The Executive Director shall indicate the number and profiles required from the Member States. That information shall be provided, in writing, to the national contact points and shall specify the scheduled date of deployment. A copy of the operational plan shall also be sent to the national contact points, the European Commission and the European Parliament.

Amendment 545 #

Proposal for a regulation
Article 20 – paragraph 6

6. The Executive Director shall, after informing the host Member State, suspend or terminate, in whole or in part, the deployment of the asylum support teams if the conditions to carry out the operational and technical measures are no longer fulfilled or if the operational plan is not respected by the host Member State or if he or she considers that there are violations of fundamental rights or international obligations that are of a serious nature and are likely to persist.

Amendment 546 #

Proposal for a regulation
Article 20 – paragraph 6

6. The Executive Director shall, after informing the host Member State, suspend or terminate, in whole or in part, the deployment of the asylum support teams if the conditions to carry out the operational and technical measures are no longer fulfilled or if the operational plan is not respected by the host Member State including in relation to the respect of fundamental rights or international protection obligations.

Amendment 547 #

Proposal for a regulation
Article 20 – paragraph 6 a (new)

6 a. The Executive Director shall, after informing the host Member State, suspend or terminate the deployment of the asylum support teams if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. Based on recommendations by the Fundamental Rights Officer, after consultation with the Consultative Forum and other relevant actors, the Executive Director shall adopt criteria for withdrawing the financing, the suspension or the termination of an activity by the Agency. The findings of the Fundamental Rights Officer in the framework of the Complaints Mechanism shall be taken into account. The Fundamental Rights Officer may recommend the withdrawing the financing, the suspension or the termination of an activity, including the deployment of asylum support teams.

Amendment 548 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES

Proposal for a regulation
Article 21

Migration management support teams 1. Where a Member State requests operational and technical reinforcement by migration management support teams as referred to in Article 17 of Regulation No XXX/XXX or where migration management support teams are deployed at hotspot areas as referred to in Article 18 of Regulation No XXX/XXX, the Executive Director shall ensure coordination of the Agency's activities in the migration management support teams with the Commission and with other relevant Union agencies, in particular, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States. 2. The Executive Director shall, as appropriate, launch the procedure for deployment of asylum support teams or experts from the asylum intervention pool in accordance with Articles 17 and 18. The operational and technical reinforcement provided by the asylum support teams or experts from the asylum intervention pool in the framework of the migration management support teams may include: (a) the screening of third-country nationals, including their identification, registration, and where requested by Member States, their fingerprinting; (b) the registration of applications for international protection and, where requested by Member States, the examination of such applications; (c) the provision of information on asylum procedures, including relocation and specific assistance to applicants or potential applicants that could be subject to relocation.Article 21 deleted

Amendment 549 #

Proposal for a regulation
Article 21 – paragraph -1 (new)

-1. Where a Member State faces disproportionate migratory challenges at particular hotspot areas of its external borders characterised by large inward mixed migratory flows, that Member State may request technical and operational reinforcement by migration management support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the Agency and other relevant Union agencies, in particular European Border and Coast Guard and Europol as set out in Article 18 (1) of Regulation 2016/1624. The Executive Director, in coordination with other relevant Union agencies, shall assess a Member State's request for reinforcement and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union agencies to be agreed upon by the Member State concerned.

Amendment 550 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES

Proposal for a regulation
Article 21 – paragraph 1

1. ~~Where a Member State requests operational and technical reinforcement by migration management support teams as referred to in Article 17 of Regulation No XXX/XXX or w~~The Commission shall, in cooperation with the host Member State and the re ~~migration management support teams are deployed at~~levant agencies, establish the terms of cooperation at the hotspot areas a~~s referred to in Article 18 of Regulation No XXX/XXX, the Executive Director shall ensur~~nd be responsible for the coordination of the ~~Agency's~~ activities inof the migration management support teams ~~with the Commission and with other relevant Union agencies, in particular, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States~~.

Amendment 551 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES

Proposal for a regulation
Article 21 – paragraph 2 – introductory part

2. The Executive Director shall, as appropriate, launch the procedure for deployment of asylum support teams or experts from the asylum intervention pool ~~in accordance with Articles 17 and 18~~as part of migration management support teams in accordance with Articles 17, 18, 20 and 22, including where the procedure set out in paragraph - 1 (new) of the present article or Article 19(3)(b) of the Regulation 1624/2016 applies. The operational and technical reinforcement provided by the asylum support teams or experts from the asylum intervention pool in the framework of the migration management support teams may include:

Amendment 552 #

Proposal for a regulation
Article 21 – paragraph 2 – point a

(a) the screening of third-country nationals, including their identification, registration, and ~~where requested by Member States, their fingerprinting~~referral;

Amendment 553 #

Proposal for a regulation
Article 21 – paragraph 2 – point a

(a) the ~~screening~~reception and care of third- country nationals, including their identification, registration, and where requested by Member States, their fingerprinting;

Amendment 554 #

Proposal for a regulation
Article 21 – paragraph 2 – point b

(b) the registration of applications for international protection ~~and, where requested by Member States, the examination of such applications~~;

Amendment 555 #

Proposal for a regulation
Article 21 – paragraph 2 – point c

(c) the provision of information on asylum procedures, including relocation and specific assistance to applicants or potential applicants that could be subject to relocation, and information on the rights of the applicant, appeal procedures, access to reception and referral mechanisms for vulnerable groups, unaccompanied children and children with their families, including through the production of ad-hoc informative leaflets on provisions of the CEAS, to be developed in cooperation with the Consultative Forum and the Fundamental Rights Officer.

Amendment 556 #

Filiz HYUSMENOVA, Cecilia WIKSTRÖM, Louis MICHEL, Nathalie GRIESBECK

Proposal for a regulation
Article 22 – title

Asylum and reception system and management of high and exceptional influxes of applicants for international protection

Amendment 557 #

Proposal for a regulation
Article 22 – paragraph 1

1. Where the asylum and reception systems of a Member State are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems, the Agency shall, at the request of the Member State concerned or on its own initiative, organise and coordinate a comprehensive set of operational and technical measures as referred to in Article 16 and deploy experts from the asylum intervention pool referred to in Article 18 ~~and~~, experts from its own staff and where necessary additional technical equipment to reinforce the asylum and reception systems within a short period of time.

Amendment 558 #

Proposal for a regulation
Article 22 – paragraph 1

1. Where the asylum and reception systems of a Member State are ~~subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems~~having to cope with a strong and pressing demand for international protection, the Agency shall, at the request of the Member State concerned or on its own initiative, organise and coordinate a comprehensive set of operational and technical measures as referred to in Article 16 and deploy experts from the asylum intervention pool referred to in Article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time.

Amendment 559 #

Proposal for a regulation
Article 22 – paragraph 1

Amendment 560 #

Proposal for a regulation
Article 22 – paragraph 1 a (new)

1 a. The Agency shall adopt and publish a set of specific recommendations to the other Member States on how to contribute to alleviate the pressure in the Member State concerned and assist in the better relocation of beneficiaries of international protection among Member States, while ensuring that asylum and reception systems are not abused.

Amendment 561 #

Proposal for a regulation
Article 22 – paragraph 2

2. The experts of the asylum intervention pool shall be deployed in accordance with the procedure set out in Article 20 provided however that experts shall be deployed from each Member State within three working days from the date on which the operational plan is agreed upon by the Executive Director and the Member State requesting assistance. The Member States may not invoke the exception provided for in Article 17(6). unless there is a Council decision in that regard.

Amendment 562 #

Proposal for a regulation
Article 22 – paragraph 2

2. The experts of the asylum intervention pool shall be deployed in accordance with the procedure set out in Article 20 provided however that experts shall be deployed from each Member State within three working days from the date on which the operational plan is agreed upon by the Executive Director and the Member State requesting assistance. The Member States may not invoke the exception provided for in Article 17(6) unless they give the Council reasons for their decision to do so.

Amendment 563 #

Proposal for a regulation
Article 22 – paragraph 3

3. Where in the event of 3. disproportionate pressure on the asylum or reception systems a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure, or where it does not comply with the Commission's recommendations referred to in Article 15(3), thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the CEAS, the Co~~mmission~~uncil may adopt a decision ~~by means of an implementing act,~~ identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. ~~That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.~~

Amendment 564 #

Proposal for a regulation
Article 22 – paragraph 3

3. Where in the event of disproportionate pressure on the asylum or reception systems a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure, or where it does not comply with the Commission's recommendations referred to in Article 15(3), thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the CEAS, the Commission may adopt a decision by means of an implementing act, after informing the Council and Parliament accordingly and after obtaining their agreement, identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.

Amendment 565 #

Proposal for a regulation
Article 22 – paragraph 3

3. Where, in the event of ~~disproportionate pressure on the asylum or reception systems~~its asylum and reception system having to cope with a strong and pressing demand for international protection, a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to ~~address that pressure~~manage the influx of refugees and asylum seekers, or where it does not comply with the Commission's recommendations referred to in Article 15(3), thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the CEAS, the Commission may adopt a decision by means of an implementing act, identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.

Amendment 566 #

Carlos COELHO, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Frank ENGEL

Proposal for a regulation
Article 22 – paragraph 3

3. Where ~~in the event of~~asylum or reception systems are rendered ineffective to the extent of jeopardising the functioning of the CEAS because (a) a Member State facing disproportionate pressure on the asylum or reception systems ~~a Member State~~ does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure,; or ~~where it~~(b) a Member State does not comply with the Commission's recommendations referred to in Article 15(3), ~~thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the CEAS,~~ the Commission may adopt a decision by means of an implementing act, identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.

Amendment 567 #

Proposal for a regulation
Article 22 – paragraph 3

3. Where in the event of disproportionate pressure on the asylum or reception systems a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure, or where it does not comply with the Co~~mmission's recommendations referred to in Article 15(3), thereby rendering~~uncil, on the bas~~ylum or reception systems ineffective to the extent of jeopardising the functioning of the CEAS, the~~ is of a proposal from the Commission, may adopt without delay a decision by means of an implementing act, identifying ~~one or more of the~~ measures as set out in Aarticle 16(3) to ~~be taken~~mitigate those risks to be implemented by the Agency ~~to support~~and requiring the Member State concerned~~. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64~~ to cooperate with the Agency in the implementation of those measures. The Commission shall consult the Agency before making its proposal.

Amendment 568 #

Proposal for a regulation
Article 22 – paragraph 3

3. Where in the event of disproportionate pressure on the asylum or reception systems a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure, or where it does not comply with the Commission's recommendations referred to in Article 15(3), thereby rendering the asylum or reception systems ineffective to the extent of ~~jeopardising the functioning of the CEAS~~breaching the right to asylum and fundamental rights, the Commission may adopt a decision by means of an implementing act, identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.

Amendment 569 #

Carlos COELHO, Barbara MATERA, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Jeroen LENAERS, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Frank ENGEL

Proposal for a regulation
Article 22 – paragraph 4

4. For the purposes of paragraph 3, the Executive Director shall, within two working days from the date of adoption of the Co~~mmission~~uncil decision, determine the actions needed to be taken for the practical execution of the measures identified in the ~~Commission~~ decision. In parallel, the Executive Director and the Member State concerned shall agree on the operational plan.

Amendment 570 #

Proposal for a regulation
Article 22 – paragraph 6

6. The Member State concerned shall comply with the Commission decision referred to in paragraph 3. For that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the executive director.

Amendment 571 #

7. The Member States shall make available the experts from the asylum intervention pool as determined by the Executive Director and address the recommendations of the Agency diligently.

Amendment 572 #

Carlos COELHO, Roberta METSOLA, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Barbara KUDRYCKA, Monika HOHLMEIER, Frank ENGEL

Proposal for a regulation
Article 22 – paragraph 7 a (new)

7 a. If the Member State concerned does not comply with the Commission decision referred to in paragraph 3 within 30 days and does not cooperate with the Agency as provided for under paragraph 6 of this article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.

Amendment 573 #

Louis MICHEL, Cecilia WIKSTRÖM, Gérard DEPREZ, Nathalie GRIESBECK, Filiz HYUSMENOVA

Proposal for a regulation
Article 22 – paragraph 7 a (new)

7 a. The Agency shall provide timely and adequate training to the experts of the asylum intervention pool, ahead of their deployment, including on operationalisation of fundamental rights.

Amendment 574 #

Proposal for a regulation
Article 22 a (new)

Article 22a Resettlement assistance provided by the Agency The Agency may provide Member States with resettlement assistance, in particular during the establishment of the EU Resettlement Framework. To that end, the Agency may set up teams of resettlement experts. The arrangements for the provision of assistance by the Agency shall be governed by Regulation (EU) XXX/XXX (EU Resettlement Framework).

Amendment 575 #

Proposal for a regulation
Article 23 – paragraph 1

1. Without prejudice to the obligation of Member States to supply the necessary facilities and equipment for the Agency to be able to provide the required operational and technical assistance, the Agency may deploy its own equipment to Member States ~~to the extent that this may be needed by the asylum support teams~~, including at the request orf the ~~experts from the asylum intervention pool and~~Member State in need, insofar as this may complement equipment already made available by the Member States or other Union agencies.

Amendment 576 #

Proposal for a regulation
Article 23 – paragraph 2

2. The Agency may acquire or lease technical equipment by decision of the Executive Director, in consultation with the Management Board. Any acquisition or leasing of equipment shall be preceded by a thorough needs and cost/benefit analysis. Any such expenditure shall be provided for in the Agency's budget as adopted by the Management Board and in accordance with the financial rules applicable to the Agency. The Court of Auditors shall regularly audit that expenditure.

Amendment 577 #

Carlos COELHO, Tomáš ZDECHOVSKÝ, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL

Proposal for a regulation
Article 23 – paragraph 2

2. The Agency, on its own initiative or at the request of Member States, may acquire or lease technical equipment by decision of the Executive Director, in consultation with the Management Board. Any acquisition or leasing of equipment shall be preceded by a thorough needs and cost/benefit analysis. Any such expenditure shall be provided for in the Agency's budget as adopted by the Management Board and in accordance with the financial rules applicable to the Agency.

Amendment 578 #

Proposal for a regulation
Article 23 – paragraph 2 a (new)

2 a. The Agency shall be responsible for ensuring the security of its own equipment throughout the life cycle of the equipment.

Amendment 579 #

Proposal for a regulation
Article 26 – paragraph 1

1. Where experts of an asylum support team or from the asylum intervention pool are operating in a host Member State, that Member State ~~shall be~~and the Agency shall be jointly and severally liable in accordance with ~~its~~ national and EU law for any damage caused by them during their operations. Where experts of an asylum support team or from the asylum intervention pool are operating in a third country, the Agency shall be liable for any damage caused by them during their activities.

Amendment 580 #

Proposal for a regulation
Article 26 – paragraph 1

1. Where experts of an asylum support team or from the asylum intervention pool are operating in a host Member State, thate agency or the home Member State shall be liable in accordance with its national law for any damage caused by them during their operations.

Amendment 581 #

Proposal for a regulation
Article 26 – paragraph 2

2. Where such damage is caused by gross negligence or wilful misconduct, the host Member State or the Agency may address the home Member State ~~or the Agency~~ to obtain any sums it has paid to the victims or persons entitled on their behalf from the home Member State or the Agency.

Amendment 582 #

Proposal for a regulation
Article 26 – paragraph 4

4. Any dispute between Member States or ~~with~~between a Member State and the Agency relating to the application of paragraphs 1, 2 and 3 of this Article which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with ~~Article 273 of~~ the Treatyies.

Amendment 583 #

Martina ANDERSON, Barbara SPINELLI, Malin BJÖRK, Cornelia ERNST

Proposal for a regulation
Article 28 – paragraph 2

2. The Management Board shall establish detailed rules and update them as necessary as regards the payment of the daily subsistence allowance of experts deployed by Member States to the asylum support teams. The Court of Auditors shall regularly audit that expenditure.

Amendment 584 #

Proposal for a regulation
Article 31 – paragraph 1 – point b

(b) when carrying out case sampling for the purposes of the monitoring exercise referred to in Article 13; restricts the processing of personal data for that purpose strictly to nationality, age and gender;

Amendment 585 #

Proposal for a regulation
Article 31 – paragraph 1 – point b

(b) when carrying out case sampling for the purposes of the monitoring exercise referred to in Article 13, for this purpose limiting processing of personal data strictly to nationality, age and gender;

Amendment 586 #

Proposal for a regulation
Article 31 – paragraph 1 – point c

(c) when assisting Member States in handling applications for international protection from children or vulnerable persons, upon request of Member States, as referred to in Article 13(2) and Article 16(3)(b) and (c);

Amendment 587 #

Proposal for a regulation
Article 31 – paragraph 1 – point c

(c) when handling applications for international protection from children or vulnerable persons, upon request of Member States, as referred to in Article 13(2) and Article 16(3)~~(b) and~~ (c);

Amendment 588 #

Proposal for a regulation
Article 31 – paragraph 1 – point d

(d) facilitating the exchange of information with Member States, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States, Europol or Eurojust in accordance with Article 36 and in the framework of information obtained when performing the tasks listed in Article 21(2);deleted

Amendment 589 #

Proposal for a regulation
Article 31 – paragraph 1 – point e

~~(e) analysing information on the situation of asylum in accordance with Article 4;~~deleted

Amendment 590 #

Louis MICHEL, Cecilia WIKSTRÖM, Gérard DEPREZ, Nathalie GRIESBECK, Filiz HYUSMENOVA

Proposal for a regulation
Article 31 – paragraph 1 – point e

~~(e) analysing information on the situation of asylum in accordance with Article 4;~~deleted

Amendment 591 #

Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)

(ea) performing its tasks under Regulation (EU) XXX/XXX (EU Resettlement Framework), wherever necessary;

Amendment 592 #

Proposal for a regulation
Article 32 – paragraph 2 – point b

~~(b) where necessary to facilitate the examination of applications for international protection that are under examination by the competent national authorities as referred to in Article 16(3)(b);~~deleted

Amendment 593 #

Proposal for a regulation
Article 32 – paragraph 2 – point b

(b) where necessary to assist Member States by facilitateing the examination of applications for international protection that are under examination by the competent national authorities as referred to in Article 16(3)(b);

Amendment 594 #

Proposal for a regulation
Article 32 – paragraph 2 – point d

~~(d) where necessary to assist with the relocation or transfer of beneficiaries of international protection within the Union as referred to in Article 16(3)(g);~~deleted

Amendment 595 #

Louis MICHEL, Cecilia WIKSTRÖM, Gérard DEPREZ, Nathalie GRIESBECK, Filiz HYUSMENOVA

Proposal for a regulation
Article 32 – paragraph 2 – point g

~~(g) where necessary for analysis of information on the situation of asylum.~~deleted

Amendment 596 #

Proposal for a regulation
Article 32 – paragraph 2 – point g a (new)

(ga) performing its tasks under Regulation (EU) XXX/XXX (EU Resettlement Framework), wherever necessary;

Amendment 597 #

Martina ANDERSON, Barbara SPINELLI, Malin BJÖRK, Cornelia ERNST

Proposal for a regulation
Article 32 – paragraph 3 a (new)

3 a. The Member State which has transmitted personal data in accordance with paragraph 1 shall inform the applicant of such transmission and his or her right to, in accordance with the laws, regulations and procedures of that Member State, bring an action or, where appropriate, a complaint before the competent authorities or courts of the Member State, against wrongful use or processing of such data.

Amendment 598 #

Proposal for a regulation
Article 32 – paragraph 3 a (new)

3 a. The Member State which has transmitted personal data in accordance with paragraph 1 shall inform the applicant of such transmission and his or her right to, in accordance with the laws, regulations and procedures of that Member State, bring an action or, if appropriate, a complaint before the competent authorities or courts of the Member State, against wrongful use or processing of such data.

Amendment 599 #

Carlos COELHO, Mariya GABRIEL, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL

Proposal for a regulation
Article 32 – paragraph 3 a (new)

3 a. With regard to the processing of personal data under Article 17, the host Member State shall be considered as a data controller in accordance with Union data protection rules.

Amendment 600 #

Martina ANDERSON, Barbara SPINELLI, Malin BJÖRK, Cornelia ERNST

Proposal for a regulation
Article 35 – paragraph 1

1. In matters related to its activities and, to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to the protection of fundamental rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation, including when carrying out activities on the territory of those third countries.deleted

Amendment 601 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 35 – paragraph 1

1. In matters related to its activities and, to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to the protection of fundamental rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation, including the EU charter of Fundamental Rights, the 1951 Geneva Refugee Convention and its 1967 protocol, also when carrying out activities on the territory of those third countries.

Amendment 602 #

Proposal for a regulation
Article 35 – paragraph 1

1. In matters related to its activities, in particular concerning resettlement and training on asylum procedures and protection, and, to the extent required for the fulfilment of its tasks, the Agency ~~shall~~may facilitate ~~and encourage~~ operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to the protection of fundamental rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation, including when carrying out activities on the territory of those third countries.

Amendment 603 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES, Miltiadis KYRKOS, Birgit SIPPEL, Miriam DALLI, Caterina CHINNICI

Proposal for a regulation
Article 35 – paragraph 2

2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, in particular with a view to promoting Union standards on asylum and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions. The Agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. The Agency shall seek the prior approval of the Commission for such working arrangements and it shall inform the European Parliament.deleted

Amendment 604 #

Proposal for a regulation
Article 35 – paragraph 2

Amendment 605 #

Laura FERRARA, Ignazio CORRAO, Laura AGEA, Fabio Massimo CASTALDO

Proposal for a regulation
Article 35 – paragraph 2

2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, in particular with a view to promoting Union standards on asylum and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions. The Agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. The Agency shall consult the Consultative Forum, seek the prior approval of the Commission for such working arrangements and it shall inform the European Parliament.

Amendment 606 #

Proposal for a regulation
Article 35 – paragraph 3

3. The Agency may, with the agreement of the host Member State, invite officials from third countries to observe the operational and technical measures outlined in Article 16(3), where their presence does not jeopardise the achievement of objectives of those measures, and where it may contribute to improving cooperation and the exchange of best practices.deleted

Amendment 607 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 35 – paragraph 3

Amendment 608 #

Proposal for a regulation
Article 35 – paragraph 3

Amendment 609 #

Martina ANDERSON, Malin BJÖRK, Barbara SPINELLI, Cornelia ERNST

Proposal for a regulation
Article 35 – paragraph 3

Amendment 610 #

Proposal for a regulation
Article 35 – paragraph 4

4. The Agency shall ~~coordinate~~support actions on resettlement taken by Member States or by the Union, in cl~~uding the exchange of information, so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries. The Age~~ose cooperation with the UNHCR and relevant Non-Governmental Organisations. The Agency shall gather information in full compliance with the standards and guidancye s~~hall gather information~~et by the UNHCR, monitor resettlement to Member States ~~and~~, support Member States with capacity building on resettlement. The Agency may also, subject to the agreement of the third country and in agreement with the Commission, coordinate any such exchange of information or other action between Member States and a third country, in the territ, and provide any additional resettlement support in line with the responsibilities conferred to it in the Regulation for a Union frameworyk o~~f that third country~~n resettlement.

Amendment 611 #

Proposal for a regulation
Article 35 – paragraph 4

4. The Agency shall coordinate actions on resettlement taken by Member States or by the Union, including the exchange of information, in full compliance with the standards and guidance set by UNHCR, so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries. The Agency shall gather information, monitor resettlement to Member States and support Member States with capacity building on resettlement. The Agency may also, subject to the agreement of the third country and in agreement with the Commission, coordinate any such exchange of information or other action between Member States and a third country, in the territory of that third country.

Amendment 612 #

Martina ANDERSON, Barbara SPINELLI, Malin BJÖRK, Cornelia ERNST

Proposal for a regulation
Article 35 – paragraph 4 a (new)

4 a. The confidentiality of information relating to individual resettlement cases shall be guaranteed at all times. Any exchange of information shall be carried out in full compliance with the relevant rules established in the UNHCR Resettlement Handbook, without jeopardising eligibility and selection of refugees for resettlement. Any Agency activity in the field of resettlement shall be carried out in close cooperation with UNHCR and expert non-governmental organisations and include support for resettled refugees on the territory of Member States post arrival as relevant and necessary.

Amendment 613 #

Proposal for a regulation
Article 35 – paragraph 5

Amendment 614 #

Martina ANDERSON, Barbara SPINELLI, Malin BJÖRK, Cornelia ERNST

Proposal for a regulation
Article 35 – paragraph 5

5. The Agency shall promote and assist in the swift return of irregular migrants, advocate and participate in the implementation of international agreements concluded by the Union with third countries, within the framework of the external relations policy of the Union and using necessary incentives for compliance, and regarding matters covered by this Regulation.

Amendment 615 #

Proposal for a regulation
Article 35 – paragraph 6

6. The Agency may benefit from Union funding in accordance with the provisions of the ~~relevant instruments supporting the external relations policy of the Union. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation~~Regulation for a Union framework on resettlement.

Amendment 616 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES, Miltiadis KYRKOS, Birgit SIPPEL, Miriam DALLI, Caterina CHINNICI

Proposal for a regulation
Article 35 – paragraph 6

Amendment 617 #

Proposal for a regulation
Article 35 – paragraph 6 a (new)

6 a. The Agency shall inform the European Parliament of activities conducted pursuant to this Article. It shall include an assessment of the cooperation with third countries in its annual reports

Amendment 618 #

Proposal for a regulation
Article 36 – paragraph 1

1. The Agency shall cooperate with agencies, bodies and offices of the Union having activities relating to its field of activity, in particular the European Union Agency for Fundamental Rights and ~~the European Agency for the Management of Operational Cooperation at the External Borders of the Member States and~~ which are competent in matters covered by this Regulation.

Amendment 619 #

Carlos COELHO, Mariya GABRIEL, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL

Proposal for a regulation
Article 36 – paragraph 2

2. Such cooperation shall take place within the framework of working arrangements concluded with those bodies, after having received the Commission's approval. The Agency shall inform the European Parliament and the Council of any such arrangements.

Amendment 620 #

Proposal for a regulation
Article 37 – paragraph 1

The Agency shall cooperate with international organisations, in particular UNHCR, in areas governed by this Regulation, within the framework of working arrangements concluded with those bodies, in accordance with the Treaty and the provisions on the competence of those bodies. The Agency can enter into emergency standby agreements with international organizations and non-governmental organizations to complement the Agency operational and technical assistance to Member States, in particular by setting up reception facilities, providing information to asylum seekers or providing for specific needs of vulnerable groups. The Management Board shall decide on the working arrangements which shall be subject to prior approval of the Commission. The Agency shall inform the European Parliament of any such arrangements.

Amendment 621 #

Proposal for a regulation
Article 37 – paragraph 1

Amendment 622 #

Proposal for a regulation
Article 37 – paragraph 1

Amendment 623 #

Proposal for a regulation
Article 38 – paragraph 1 – point c a (new)

(c a) a Fundamental Rights Officer;

Amendment 624 #

(c b) a Consultative Forum.

Amendment 625 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 39 – paragraph 1

1. The Management Board shall be composed of one representative from each Member State ~~and~~, two representatives of the Commission, two representatives of the European Parliament and the UNHCR which shall have the right to vote.

Amendment 626 #

Proposal for a regulation
Article 39 – paragraph 1

1. The Management Board shall be composed of one representative from each Member State, two representatives of the European Parliament and two representatives of the Commission, which shall have the right to vote.

Amendment 627 #

Proposal for a regulation
Article 39 – paragraph 2

2. The Management Board shall include one representative of UNHCR, FRONTEX and FRA without the right to vote.

Amendment 628 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES, Miltiadis KYRKOS

Proposal for a regulation
Article 39 – paragraph 2

2. The Management Board shall include one representative of UNHCR, ~~without~~one representative of Frontex and one representative of the FRA, none of whom shall have the right to vote.

Amendment 629 #

Proposal for a regulation
Article 40 – paragraph 1 – point c a (new)

(c a) before 30 November each year, and after taking into account the opinion of the Commission, adopt, by a two- thirds majority of the members with a right to vote, a single programming document containing the Agency's multiannual programming and its work programme for the following year and forward it to the European Parliament, to the Council and to the Commission;

Amendment 630 #

Proposal for a regulation
Article 40 – paragraph 1 – point l

(l) appoint the Executive Director and Deputy Executive Director, exercise disciplinary authority over him or her and, where necessary, extend his or her term of office or remove him or her from office in accordance with Articles 45 and 47;deleted

Amendment 631 #

Proposal for a regulation
Article 40 – paragraph 1 – point m

(m) adopt an annual report on the situation of asylum in the Union in accordance with Article 65. That report shall be presented to the European Parliament, the Council and the Commission and shall be made public;

Amendment 632 #

Proposal for a regulation
Article 40 – paragraph 1 – point u

~~(u) endorse the common analysis concerning country of origin information and any review of that common analysis in accordance with Article 10(2) and (3);~~deleted

Amendment 633 #

Proposal for a regulation
Article 40 – paragraph 1 – point v

(v) set the programme for ~~monitoring and assessing~~reporting on the asylum and reception systems in accordance with Article 14(1);

Amendment 634 #

Proposal for a regulation
Article 40 – paragraph 1 – point w

~~(w) adopt the draft report of the team of experts carrying out the monitoring exercise in accordance with Article 14(3);~~deleted

Amendment 635 #

Proposal for a regulation
Article 40 – paragraph 1 – point x

~~(x) adopt the recommendations following a monitoring exercise in accordance with Article 14(4);~~deleted

Amendment 636 #

Proposal for a regulation
Article 40 – paragraph 1 – point y

~~(y) set up and decide on the profiles and overall numbers of experts to be made available for the asylum support teams in accordance with Article 17(3);~~deleted

Amendment 637 #

Proposal for a regulation
Article 40 – paragraph 1 – point z

~~(z) set up and decide on the profiles and overall numbers of experts to be made available for the asylum intervention pool in accordance with Article 18(2);~~deleted

Amendment 638 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 40 – paragraph 1 – point aa

(aa) adopt a strategy for relations with third countries or international organisations concerning matters for which the Agency is competent, as well as a working arrangement with the Commission for its implementation;deleted

Amendment 639 #

Proposal for a regulation
Article 40 – paragraph 3

3. The Mmanagement Bboard may establish a~~n E~~ small-sized executive Bboard, ~~composed of the Chairperson of the Management Board, the two representatives of the Commission to~~to assist it and the executive director with regard to the preparation of the decisions, programmes and activities to be adopted by the Mmanagement Bboard and t~~hree other members~~o take certain provisional, urgent decisions on behalf of the Mmanagement Bboard~~, to assist it and t~~ when necessary. The Eexecutive ~~Director with regard to the preparation of~~board shall not take decisions, th~~e annual and multi-annual programming and activities to be adopted by~~at must be passed by either a two-thirds or three-quarters majority of the Mmanagement Bboard. WThe~~n necessary, because of urgency,~~ management board may delegate certain clearly defined tasks to the Eexecutive Bboard ~~may take certain provisional decisions on behalf of the Management Board, in particular on administrativ~~, in particular where this improves the efficiency of the Agency. It may not delegate to the executive board tasks related to decisions that must be passed by either a two-thirds or three-quarters majority of the management ~~matters.~~ board.

Amendment 640 #

Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 2

The multi-annual programming shall set the strategic areas of intervention and explain what needs to be done to achieve the objectives. It shall include the strategy for relations with third countries or international organisations referred to in Articles 34 and 37, respectively, and the actions linked to that strategy, as well as specification of associated resources. It shall also include the fundamental rights strategy, referred to in Article XX, and the actions linked to that strategy, as well as specification of associated resources.

Amendment 641 #

Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1

The E~~xecutive Director~~uropean Parliament and the Council shall be appointed by ~~the Management Board from a list of candidates proposed by the Commission, following an open and transparent selection procedur~~common accord the Executive Director and the Deputy Executive Director based on a list of candidates proposed by the Commission, following the publication of the post in the Official Journal of the European Union and other press or internet sites as appropriate. The Executive Director shall be appointed on the ground of merit and documented high-level administrative and management skills as well as senior professional experience in the field of migration and asylum.

Amendment 642 #

Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1

The Executive Director shall be appointed by the Management Board from a list of at least three candidates proposed by the Commission, following an open and transparent selection procedure. The Executive Director shall be appointed on the ground of merit and documented high- level administrative and management skills as well as senior professional experience in the field of migration and asylum.

Amendment 643 #

Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1

The Executive Director shall be appointed by the Management Board from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Executive Director shall be appointed on the ground of merit and documented high-level administrative and management skills as well as senior professional experience in the field of ~~migration and~~ asylum.

Amendment 644 #

Carlos COELHO, Mariya GABRIEL, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL

Proposal for a regulation
Article 45 – paragraph 3

~~3. Before appointment, the candidate s~~delected ~~by the Management Board may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members.~~

Amendment 645 #

Proposal for a regulation
Article 45 – paragraph 3

3. Before appointment, the candidate ~~selected by the Management Board~~s proposed by the Commission may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. Following such a statement, the European Parliament shall adopt an opinion setting out its views and may indicate a preferred candidate. The Management Board shall appoint the executive director taking these views into account. The management board shall take its decision by a two thirds majority of all member with a right to vote. If the Management board takes a decision to appoint a candidate other than the candidate whom the European Parliament indicated as its preferred candidate, the management board shall inform the European Parliament and the Council in writing of the manner in which the opinion of the European Parliament was taken into account.

Amendment 646 #

Proposal for a regulation
Article 45 – paragraph 4

4. The term of office of the Deputy Executive Director and of the Executive Director shall be five years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Deputy Executive Director's and the Executive Director's performance and the Agency's future tasks and challenges.

Amendment 647 #

Proposal for a regulation
Article 45 – paragraph 5

5. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 4, may extend the term of office of the Executive Director once for no more than five years.deleted

Amendment 648 #

Proposal for a regulation
Article 45 – paragraph 6

6. The Management Board shall inform the European Parliament if it intends to extend the Executive Director's term of office. Within one month before any such extension, the Executive Director may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members.deleted

Amendment 649 #

Proposal for a regulation
Article 45 – paragraph 8

~~8. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission.~~deleted

Amendment 650 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 45 – paragraph 9

9. The Management Board shall take decisions on appointment, extension of the term of office or removal from office of the Executive Director by a two-thirds majority of its members with the right to vote.deleted

Amendment 651 #

Proposal for a regulation
Article 46 – paragraph 5 – point o a (new)

(o a) submitting reports on compliance with the duty to cooperate in good faith to the Management Board and the European Commission in accordance with article 3(4)

Amendment 652 #

Carlos COELHO, Mariya GABRIEL, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL

Proposal for a regulation
Article 46 – paragraph 5 – point u a (new)

(u a) appointing the Fundamental Rights Officer in accordance with Article XX of this Regulation.

Amendment 653 #

Proposal for a regulation
Article 47 – paragraph 2

~~2. The provisions of Article 45 shall apply to the Deputy Executive Director.~~deleted

Amendment 654 #

Carlos COELHO, Mariya GABRIEL, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Roberta METSOLA, Barbara KUDRYCKA, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL

Proposal for a regulation
Article 47 – paragraph 2 a (new)

2 a. The deputy executive director shall be appointed by the management board on the proposal of the executive director. The deputy executive director shall be appointed on the grounds of merit and appropriate administrative and management skills as well as senior professional experience in the field of migration and asylum. The executive director shall propose at least three candidates for the post of deputy executive director. The management board shall take its decision by a two thirds majority of all members with a right to vote.

Amendment 655 #

Proposal for a regulation
Article 47 a (new)

Article 47 a Fundamental Rights Officer 1. A Fundamental Rights Officer shall be appointed by the Executive Director, following consultation with the Management Board and the Consultative Forum. The Fundamental Rights Officer shall have the necessary qualifications and experience in the field of fundamental rights and asylum. The Fundamental Rights Officer shall be responsible for drawing up the fundamental rights strategy, monitoring compliance with fundamental rights and promoting the respect of fundamental rights by the Agency. 2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, shall report directly to the Management Board and cooperate with the Consultative Forum. The Fundamental Rights Officer shall report to the Consultative Forum on a regular basis and as such contribute to the mechanism for monitoring fundamental rights. 3. The Fundamental Rights Officer shall be consulted, inter alia, on the operational plans drawn up in accordance with Article 19, on the operational activities organised by or with the involvement of the Agency, codes of conduct, cooperation with third countries, the withdrawal of the financing, the suspension or termination of an activity of the Agency and training curricula and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency, including by carrying out on-site visits to any operational activity carried out by the Agency or where the Agency participates, including in third countries. The Fundamental Rights Officer shall be responsible for establishing, further developing and implementing the complaints mechanism pursuant to Article 54c. 4. The Agency shall ensure that the Fundamental Rights Officer has the sufficient staff and resources to fulfill her or her tasks. The Fundamental Rights Officer shall have control over his or her budget.

Amendment 656 #

Proposal for a regulation
Article 48 – paragraph 2

2. The Consultative Forum shall constitute a mechanism for ~~the~~consultation, exchange of information and sharing of knowledge. It shall ensure a close dialogue between the Agency and relevant organisations or bodies as referred to in paragraph 1 ~~and shall assist the Executive Director and the Management Board in matters covered by this Regulation~~.

Amendment 657 #

Proposal for a regulation
Article 48 – paragraph 2

2. The Consultative Forum shall constitute a mechanism for the exchange of information and sharing of knowledge. It shall ensure a close dialogue between the Agency, Fundamental Rights Officer, and relevant organisations or bodies as referred to in paragraph 1 and shall assist the Executive Director and the Management Board in matters covered by this Regulation.

Amendment 658 #

Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 1

The Agency shall invite the European Union Agency for Fundamental Rights, ~~the European Agency for the Management of Operational Cooperation at the External Borders of the Member States,~~ UNHCR and other relevant organisations or bodies as referred to in paragraph 1.

Amendment 659 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 2

On a proposal by the Executive Director, the Management Board shall decide on the composition ~~and working methods~~ of the Consultative Forum, ~~including thematic or geographic-focused consultation groups, and the modalities of transmission of information to the Consultative Forum~~on the basis of knowledge and expertise and relevance to the Agency's activities as well as on the modalities of transmission of information to the Consultative Forum. The consultative forum should decide on its working methods, including thematic or geographic-focused working groups as deemed necessary and useful.

Amendment 660 #

Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 2

~~On a proposal by t~~The Executive Director~~, the Management Board~~ shall decide on the composition and working methods of the Consultative Forum, including thematic or geographic-focused consultation groups, and the modalities of transmission of information to the Consultative Forum.

Amendment 661 #

Proposal for a regulation
Article 48 – paragraph 4

4. The Consultative Forum shall assdviste the Executive Director and the Management Board in matters related to asylum and fundamental rights, in accordance with specific needs in areas identified as a priority for the Agency's work.

Amendment 662 #

Proposal for a regulation
Article 48 – paragraph 4

4. The Consultative Forum shall assdviste the Executive Director and the Management Board in matters related to asylum, in accordance with specific needs in areas identified as a priority for the Agency's work.

Amendment 663 #

Proposal for a regulation
Article 48 – paragraph 4 a (new)

4 a. The Consultative Forum shall be consulted on the further development and implementation of the fundamental rights strategy, codes of conduct, working arrangements with third countries, the complaint mechanism, operational plans and common core curricula.

Amendment 664 #

Proposal for a regulation
Article 48 – paragraph 5 – point b a (new)

(b a) provide advice to the Agency on Country of Origin Information through the setting up of an independent Expert Panel on Country of origin Information referred to in Articles 8 and 10.

Amendment 665 #

Proposal for a regulation
Article 48 – paragraph 5 – point c a (new)

(c a) be consulted on the further development and implementation of the fundamental rights strategy, codes of conduct, training activities organised or coordinated by the Agency, agreements with third countries, the complaint mechanism and operational plans.

Amendment 666 #

Proposal for a regulation
Article 48 – paragraph 5 a (new)

5 a. The Agency shall inform the Consultative Forum on the follow-up response to reports and recommendations of the Consultative Forum and include it in its annual report.

Amendment 667 #

Proposal for a regulation
Article 48 – paragraph 5 b (new)

5 b. The Consultative Forum shall have access to all information concerning the respect for fundamental rights in a timely and effective manner, including by carrying out on-the-spot visits to any operational activity carried out by the Agency or activities where the Agency participates, including in third countries.

Amendment 668 #

Proposal for a regulation
Article 48 – paragraph 5 c (new)

5 c. The Consultative Forum shall define its working methods and set up its annual work programme.

Amendment 669 #

Proposal for a regulation
Article 48 – paragraph 5 d (new)

5 d. The management board shall ensure that adequate human and financial resources are attributed to the Consultative Forum.

Amendment 670 #

Proposal for a regulation
Article 49 – paragraph 4 a (new)

4 a. The budget, including the establishment plan, shall include sufficient financing of the fundamental rights strategy and the Fundamental Rights Officer amounting to at least 5 % of the overall budget.

Amendment 671 #

Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1

Amendment 672 #

Proposal for a regulation
Article 54 a (new)

Article 54 a Fundamental rights strategy and protection of fundamental rights 1. The Agency shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union and relevant international law, including, the Convention Relating to the Status of Refugees and the Convention on the Rights of the Child and obligations related to access to international protection, in particular with regards to the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a fundamental rights strategy, including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency. 2. The Agency shall, in the performance of its tasks, take into account and address the rights and special needs of children, victims of trafficking in human beings, victims of torture, victims of other crimes, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation. 3. In the performance of all of its tasks, including the development and implementation of an effective mechanism to monitor the respect for fundamental rights, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the Consultative Forum and the Fundamental Rights Officer. 4. The Agency shall include a detailed programme for the further development and implementation of the fundamental rights strategy in its annual and multiannual work programme and report on it in its annual activity report.

Amendment 673 #

Proposal for a regulation
Article 54 b (new)

Article 54 b Code of conduct 1. The Agency shall draw up and further develop a code of conduct applicable to all experts involved in support operations coordinated by the Agency. The code of conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with a particular focus on children, unaccompanied minors and other persons in a vulnerable situation, as well as on persons seeking international protection. The code of conduct shall be applicable to all persons participating in the activities of the Agency. 2. The Agency shall develop and regularly update the code of conduct in cooperation with the Consultative Forum.

Amendment 674 #

Péter NIEDERMÜLLER, Cécile Kashetu KYENGE, Ana GOMES, Miltiadis KYRKOS, Caterina CHINNICI, Elly SCHLEIN

Proposal for a regulation
Article 54 c (new)

Article 54 c Complaints mechanism 1. The Agency shall, in cooperation with the Fundamental Rights Officer, take the necessary measures to set up a complaints mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency. 2. Any person who is directly affected by the actions of staff involved in operational activities organised by or with the involvement of the Agency, and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any third parties intervening on behalf of such a person, may submit a complaint, in writing, to the Agency. 3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which are malicious, frivolous, vexatious or hypothetical shall be excluded from the complaints mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant. 4. The Fundamental Rights Officer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the Fundamental Rights Officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints within three weeks to the Executive Director, forward complaints concerning members of the teams to the home Member State or third country concerned, including the relevant authority or body competent for fundamental rights, and register and ensure the follow-up by the Agency, that Member State or that third country. The Fundamental Rights Officer shall inform the complainant of the decision on admissibility, and of the national authorities to which his or her complaint was forwarded. Where the Fundamental Rights Officer finds a complaint inadmissible, it shall inform the complainant of the reasons thereof. Any decision shall be in written form and reasoned. 5. In case of a registered complaint concerning a staff member of the Agency, seconded members of the teams or seconded national experts, the Executive Director shall ensure appropriate follow- up, including disciplinary measures and referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The Executive Director shall report back to the Fundamental Rights Officer as to the findings and follow-up given by the Agency to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter. 6. In case of a registered complaint concerning a member of the teams or experts of a host Member State or third country, the home Member State or the third country shall ensure appropriate follow-up, including disciplinary measures and referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The relevant Member State or third country shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter. Where the relevant Member State or third country does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter. 7. The Agency and the Member States shall provide for an appeal procedure in cases where a complaint is declared inadmissible, is rejected or the follow-up considered inappropriate by the complainant. 8. The Executive Director shall withdraw financial compensation to a Member State or third country which does not take an appropriate follow-up, including disciplinary, civil and/or criminal justice measures as necessary or other measures in accordance with national law. Where a staff member of the Agency, expert or seconded national expert has been found to have violated fundamental rights or international protection obligations, the Agency shall request the Member State or third country concerned to remove the Agency staff member, expert or seconded national expert immediately from the activity of the Agency or the asylum intervention pool, and pursue appropriate disciplinary or civil or criminal justice measures. 9. A report on complaints received, the types of fundamental rights violations, the activities of the Agency concerned, the Member State or third country concerned and the follow-up shall be included into the annual activity report of the Agency. 10. The Fundamental Rights Officer shall, after consulting the Consultative Forum, establish the procedure for the complaints mechanism, including a standardised complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights. The Fundamental Rights Officer shall submit that form to the Executive Director and to the Management Board. 11. The Agency shall ensure that adequate information is provided about the possibility and procedure to file complaints, that the standardised complaint form is available in languages that asylum seekers and migrants understand or may be reasonably supposed to understand on the Agency's website and in hardcopy during all activities of the Agency, and that further guidance and assistance on the complaints procedure is provided to alleged victims and on request. Information tailored to children shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even where they are not submitted in the standardised complaint form. 12. Any personal data contained in a complaint shall be handled and processed by the Agency and the Fundamental Rights Officer in accordance with Regulation (EC) No 45/2001 and by Member States in accordance with Directive 95/46/EC and, where the data are processed by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in accordance with Council Framework Decision 2008/977/JHA 13. In order to safeguard the interest of complainants, complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality. Any waiver of confidentiality shall be valid only where made by a freely given, specific, informed and unambiguous indication of the complainant's wishes. The Agency shall be able to demonstrate that confidentiality was waived. For a complainant who waives his or her right to confidentiality, it shall be understood that he or she consents to the Fundamental Rights Officer or the Agency disclosing his or her identity to the competent authority and the relevant authority or body competent for fundamental rights of the relevant Member State in relation to the matter under complaint.

Amendment 675 #

Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 57 – paragraph 3

3. The translation services required for the functioning of the Agency shall be ~~prov~~decided byupon the ~~Translation Centre of the bodies of the European Union~~cost-effectiveness analysis and provided by the most appropriate structure.

Amendment 676 #

Proposal for a regulation
Article 59 a (new)

Article 59 a Prevention of conflicts of interest The Agency shall adopt internal rules requiring the members of its bodies and its staff members to avoid any situation liable to give rise to a conflict of interest during their employment or term of office and to report such situations.

Amendment 677 #

Proposal for a regulation
Article 60 – paragraph 1 a (new)

1 a. Classified information shall be made available to the European Parliament in accordance with this Regulation. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall comply with the rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.

Amendment 678 #

Proposal for a regulation
Article 61 – paragraph 3

3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties. In cases referred to in Article 26 the Agency shall be liable for any damages caused by members of the teams during their operations, in particular, the damages caused by violations of fundamental rights.

Amendment 679 #

Proposal for a regulation
Article 65 – paragraph 1

1. The Agency shall draw up an annual activity report on the situation of asylum in the Union, taking due account of information already available from other relevant sources. As part of that report, the Agency shall evaluate, in cooperation with the Fundamental Rights Officer and the Consultative Forum, the results of activities carried out under this Regulation and make a comprehensive comparative analysis of them with the aim of improving the quality, consistency and effectiveness of the CEAS.

Amendment 680 #

Proposal for a regulation
Article 65 – paragraph 2 a (new)

2 a. The annual report shall be made public and published on the Agency's website.

Amendment 681 #

Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 1

No later than three years from the day of entry into force of this Regulation, and every five years thereafter, the Commission shall commission an evaluation to assess, in particular, the Agency's performance in relation to its objectives, mandate and tasks. That evaluation shall cover the Agency's impact on practical cooperation on asylum-related matters and on the CEAS. The evaluation shall take due regard of progress made, within its mandate~~, including assessing whether additional measures are necessary to ensure effective solidarity and sharing of responsibilities with Member States subject to particular pressure~~.

Amendment 682 #

Cecilia WIKSTRÖM, Nathalie GRIESBECK, Louis MICHEL, Filiz HYUSMENOVA, Angelika MLINAR, Gérard DEPREZ, Sophia IN 'T VELD

Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 1

No later than three years from the day of entry into force of this Regulation, and every five years thereafter, the Commission shall commission an an independent external evaluation to assess, in particular, the Agency's performance in relation to its objectives, mandate and tasks. That evaluation shall cover the Agency's impact on practical cooperation on asylum-related matters and on the CEAS. The evaluation shall take due regard of progress made, within its mandate, including assessing whether additional measures are necessary to ensure effective solidarity and sharing of responsibilities with Member States subject to particular pressure.

Amendment 683 #

Proposal for a regulation
Article 68 – paragraph 2 a (new)

Article XXX shall apply from [Date]

Amendment 684 #

Carlos COELHO, Roberta METSOLA, Barbara MATERA, Traian UNGUREANU, Jeroen LENAERS, Barbara KUDRYCKA, Monika HOHLMEIER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Frank ENGEL

Proposal for a regulation
Annex I a (new)

Contributions to be provided by each Member State, to the minimum total number of 500 experts, in accordance with Article 18 (1a): Belgium 10 Bulgaria 13 Czech Republic 7 Denmark 10 Germany 74 Estonia 6 Greece 17 Spain 37 France 56 Croatia 22 Italy 41 Cyprus 3 Latvia 10 Lithuania 13 Luxembourg 3 Hungary 22 Malta 2 Netherlands 17 Austria 11 Poland 32 Portugal 16 Romania 24 Slovenia 12 Slovakia 12 Finland 10 Sweden 6 Switzerland 5 Iceland 2 Liechtenstein Norway 7 TOTAL 500

source: PE-592.417

2016/10/31 AFET 301 amendments...

Amendment 100 #

Proposal for a regulation
Recital 27

(27) The Commission, the European Parliament, and the Member States should be represented on the Management Board of the European Union Agency for Asylum in order to exercise a policy and political oversight over its workings. The Management Board should include a representative of the UNHCR, the European Agency for Fundamental Rights (FRA) and, where possible, consist of the operational heads of the Member States' asylum administrations or their representatives. It should be given the necessary powers, in particular to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision-making by the Agency, and appoint an Executive Director and Deputy Executive Director. The Agency should be governed and operated in line with the principles of the Common Approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the European Commission.

Amendment 101 #

Proposal for a regulation
Recital 27

(27) The Commission and the Member States should be represented on the Management Board of the European Union Agency for Asylum in order to exercise a policy and political oversight and scrutiny over its workings. The Management Board should, where possible, consist of the operational heads of the Member States' asylum administrations or their representatives. It should be given the necessary powers, in particular to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision-making by the Agency, and appoint an Executive Director and Deputy Executive Director. The Agency should be governed and operated in line with the principles of the Common Approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the European Commission.

Amendment 102 #

Proposal for a regulation
Recital 28

(28) In order to ensure uniform conditions for the implementation of this Regulation, in particular as regards situations requiring urgent action at the external borders, 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 Council11. __________________ 11Regulation (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 Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

Amendment 103 #

Proposal for a regulation
Recital 30

(30) In order to guarantee the autonomy of the European Union Agency for Asylum, it should have its own budget, most of which comes essentially from a contribution from the Union. The financing of the Agency should be subject to an agreement by the budgetary authority as set out in point 31 of the Inter-institutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management.12 The Union budgetary procedure should be applicable to the Union's contribution and to any grant chargeable to the general budget of the European Union. The auditing of accounts should be undertaken by the Court of Auditors. __________________ 12deleted OJ C 373, 20.12.2013, p. 1.

Amendment 104 #

Proposal for a regulation
Recital 42

(42) Since the objectives of this Regulation, namely the need to facilitate the implementation and improve the functioning of the CEAS, to strengthen practical cooperation and information exchange among Member States on asylum-related matters, to promote Union law and operational standards to ensure a high degree of uniformity and equal treatment as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, to monitor the operational and technical application of Union law and standards as regards asylum and to provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular to Member States subject to disproportionate pressure on their asylum and reception systems, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. 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 105 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 45

Amendment 106 #

Proposal for a regulation
Recital 46

(46) The ~~competence to take decisions by Member States' asylum authoritie~~national sovereignty of Member States provides their sole authorities with competences to take decisions on individual applications for international protection ~~remains with Member States~~and on migration issues as a whole.

Amendment 107 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 1 – paragraph 1

1. The European Union Agency for Asylum ~~(the Agency)~~ shall ensure the efficient and uniform ~~applic~~information of Union asylum law in Member States. It shall facilitate the implementation and improve the functioning of the Common European Asylum System (CEAS), and it shall be responsible for enabling convergence in the assessment of applications for international protection across the Union, taking into account the sovereignty of each Member State.

Amendment 108 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 1 – paragraph 1

1. The European Union Agency for Asylum (the Agency) shall ensure the efficient and uniform application of Union asylum law in Member States. It shall facilitate the implementation and improve the functioning of the Common European Asylum System (CEAS) in line with international law and standards, and it shall be responsible for enabling convergence in the assessment of applications for international protection across the Union.

Amendment 109 #

Proposal for a regulation
Article 1 – paragraph 3

3. The European Union Agency for Asylum shall be the new name for the European Asylum Support Office ~~established by Regulation (EU) No 439/2010 of the European Parliament and of the Council. The activities of the Agency shall henceforth be based on this Regulation~~.

Amendment 110 #

Demetris PAPADAKIS

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) gather and analyse information on the situation of asylum in the Union and in third countries and on the implementation of the CEAS;

Amendment 111 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) support Member States in implementing the CEAS and fulfilling their Union and international obligations in the field of asylum;

Amendment 112 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

Amendment 113 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) assist ~~Member States on training of experts~~and provide training to Member States staff from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum;

Amendment 114 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) ~~assist Member States on training of experts~~provide training to Member States' staff from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum;

Amendment 115 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 2 – paragraph 1 – point e

(e) draw up and regularly update, in cooperation with the EEAS and EU delegations in third countries, reports and other documents providing for information on countries of origin at the level of the Union;

Amendment 116 #

Proposal for a regulation
Article 2 – paragraph 1 – point e

(e) ~~draw up and regularly update reports and other documents providing for information on countries of origin at the level of the Union~~report on progress made to Parliament and the Member States;

Amendment 117 #

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) coordinate efforts among Member States to engage in and develop a ~~common~~n in- depth analysis of the situation in third countries of origin, keeping in mind regional challenges and geopolitical specificities;

Amendment 118 #

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ~~coordinate efforts among Member States to engage in and~~ develop a common analysis of the situation in third countries of origin;

Amendment 119 #

Proposal for a regulation
Article 2 – paragraph 1 – point h

(h) ~~assist with~~provide assistance and ensure the relocation or transfer of applicants or beneficiaries of international protection within the Union;

Amendment 12 #

Proposal for a regulation
Citation 1 a (new)

having regard to Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of national Parliaments in the European Union,

Amendment 120 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 2 – paragraph 1 – point i

(i) set up and deploy asylum support teams and an asylum intervention pool for the support of Member States efforts in dealing with disproportionate pressures;

Amendment 121 #

Proposal for a regulation
Article 2 – paragraph 1 – point l

~~(l) monitor and assess the implementation of the CEAS as well as the asylum and reception systems of Member States;~~deleted

Amendment 122 #

Proposal for a regulation
Article 2 – paragraph 1 – point l

(l) monitor and assess the implementation of the CEAS ~~as well as~~in relation to the asylum and reception systems of Member States, which should be supported at the request of any Member State;

Amendment 123 #

Proposal for a regulation
Article 2 – paragraph 1 – point l

(l) monitor and assess the implementation of the CEAS as well as the asylum and reception systems of Member States; in accordance with the applicable EU primary law;

Amendment 124 #

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)

(m a) cooperate with third countries to promote and assist capacity building in their own asylum and reception facilities in line with international standards and implement regional protection programmes.

Amendment 125 #

Proposal for a regulation
Article 2 – paragraph 2

2. The Agency shall support Member States in relation to the external dimension of the CEAS. In this regard, and in agreement with the Commission, the Agency shall coordinate the exchange of information and other action taken on issues arising from the implementation of instruments and mechanisms relating to the external dimension of the CEAS. In this purpose and in agreement with the Commission, the Agency shall have the possibility to have representatives inside the EU Delegations in third countries.

Amendment 126 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 2 – paragraph 2

2. The Agency shall support Member States in relation to the external dimension of the CEAS. In this regard, and in agreement with the Commission, the Agency shall coordinate the exchange of information and other action taken on issues arising from the implementation of instruments and mechanisms relating to the external dimension of the CEAS and with relevant international and non- governmental organisations, researchers and academics.

Amendment 127 #

Proposal for a regulation
Article 2 – paragraph 3

3. The Agency may engage in communication activities on its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraphs 1 and 2, and shall be carried out in accordance with the relevant communication and dissemination plans adopted by the Management Board.deleted

Amendment 128 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 3 – title

~~Duty to cooperate in good faith and~~Cooperation and information exchange in~~formation~~ good faith

Amendment 129 #

Proposal for a regulation
Article 3 – paragraph 1

1. The Agency and the Member States’ asylum authorities, national immigration and asylum services and other national services shall ~~be subject to a duty to cooperate in good faith and an obligation to~~ exchange information.

Amendment 13 #

Proposal for a regulation
Citation 1 b (new)

having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,

Amendment 130 #

Proposal for a regulation
Article 3 – paragraph 1

1. The Agency and the Member States' asylum authorities, national immigration and asylum services and other national services shall ~~be subject to a duty to~~operate on the principle of cooperateion in good faith and anthe obligation to exchange information.

Amendment 131 #

Proposal for a regulation
Article 3 – paragraph 2

2. The Agency shall work closely with the Member States' asylum authorities, with national immigration and asylum services and other national services and with the Commission. The Agency shall carry out its duties without prejudice to those assigned to other relevant bodies of the Union and shall work closely with those bodies ~~and~~, with the United Nations High Commissioner for Refugees (UNHCR), with academics, representatives of the judiciary and relevant expert national and international non-governmental organisations.

Amendment 132 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 3 – paragraph 2

2. The Agency shall work closely with the Member States' asylum authorities, with national immigration and asylum services and other national services and with the Commission. The Agency shall carry out its duties without prejudice to those assigned to other relevant bodies of the Union and shall work closely with those bodies and with the United Nations High Commissioner for Refugees (UNHCR), while benefiting from the expertise of other UN-related bodies, such as the International Organisation for Migration (IOM).

Amendment 133 #

Proposal for a regulation
Article 3 – paragraph 2

2. The Agency shall work closely with the Member States' asylum authorities, with national immigration and asylum services and other national services and with the Commission. The Agency shall ~~carry out its duties without prejudice to those assigned to other relevant bodies of the Union and shall work closely with those bodies and with~~provide support to the United Nations High Commissioner for Refugees (UNHCR).

Amendment 134 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 3 – paragraph 3

3. The Agency shall organise, promote and coordinate activities enabling the exchange of information among Member States, including through the establishment of networks as appropriate. For those purposes, the Agency and the Member States'’ asylum authorities, national immigration and asylum services and other national services ~~shall~~may share~~, in a timely and accurate manner, all~~ necessary information in a timely manner.

Amendment 135 #

Proposal for a regulation
Article 4 – paragraph 1

1. The Agency shall gather and analyse information on the situation of asylum in the Union and third countries insofar as this may have an impact on the Union or a single Member State, including up-to-date information on root causes, migratory and refugee flows as well as on any sudden arrivals of large numbers of third-country nationals which may cause disproportionate pressure on asylum and reception systems, with a view to foster quick and reliable mutual information to the Member States and to identify possible risks to the Member States' asylum systems.

Amendment 136 #

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1

The Agency shall base its analysis on information provided, in particular, by Member States, relevant Union institutions and agencies, the European External Action Service as well as UNHCR and other ~~international organisations~~expert national and international non-governmental organisations in the field of asylum;.

Amendment 137 #

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1

The Agency shall base its analysis on information provided, in particular, by Member States, relevant Union institutions and agencies, the European External Action Service as well as UNHCR, IOM, and other international and non- governmental organisations.

Amendment 138 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2

For this purpose, the Agency shall work in close collaboration with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States, and shall, in particular, rely on the risk analysis carried out by that Agency so as to ensure the highest level of consistency and convergence in the information provided by both Agencies.deleted

Amendment 139 #

Proposal for a regulation
Article 4 – paragraph 3

3. The Agency shall ensure the rapid exchange of relevant information amongst Member States and with the Commission. It shall also submit, in a timely and accurate manner, the results of its analysis to the Management Board.deleted

Amendment 14 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 1

(1) ~~The objective of the Union's policy on asylum is to develop and~~While respecting the sovereignty of Member States, the European Union wishes to establish a Common European Asylum System (CEAS), consistent with the values and humanitarian tradition of the European Union and governed by the principle of solidarity ~~and fair sharing of responsibility~~.

Amendment 140 #

Proposal for a regulation
Article 4 – paragraph 3

Amendment 141 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 5 – paragraph 2

2. The Agency shall create factual, legal and case law databases on the application and interpretation of Union, national and international asylum instruments making use, in particular, of existing arrangements and in cooperation with relevant international organisations, non-governmental organisations, researchers and academics. No personal data shall be stored in such databases, unless such data has been obtained by the Agency from documents that are publicly accessible.

Amendment 142 #

Proposal for a regulation
Article 5 – paragraph 2

2. The Agency shall create factual, legal and case law databases on the application and interpretation of Union, national and international asylum instruments making use, in particular, of existing arrangements~~. No personal data shall be stored in such databases, unless such data has been obtained by the Agency from documents that are publicly accessible~~, in constant liaison with the competent authorities of the Member States.

Amendment 143 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)

(a a) the processing of relocation of applicants or beneficiaries of international protection by the national administrations and authorities of the Member States of relocation;

Amendment 144 #

Proposal for a regulation
Article 5 – paragraph 3 – point b

(b) national law and ~~legal developments in the field of asylum, including case law~~respect for the national sovereignty of Member States;

Amendment 145 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 5 – paragraph 3 – point c

~~(c) relevant case law of the Court of Justice of the European Union and of the European Court of Human Rights.~~deleted

Amendment 146 #

Proposal for a regulation
Article 7 – paragraph 2

2. The Agency shall develop such training in close cooperation with Member States and, in cooperation with appropriate training entities in the Member States, including UNHCR, academic institutions ~~and other relevant~~, national and international associations of judges and other relevant expert non- governmental organisations.

Amendment 147 #

Proposal for a regulation
Article 7 – paragraph 5 – point a

(a) international human rights law and Union fundamental rights standards, and in particular the provisions of the Charter of Fundamental Rights of the European Union, as well as international and Union law on asylum, including specific legal and case law issues;

Amendment 148 #

Hilde VAUTMANS

Proposal for a regulation
Article 7 – paragraph 5 – point c

(c) interview techniques, including special attention given to (unaccompanied) children, vulnerable groups and victims of torture;

Amendment 149 #

Proposal for a regulation
Article 7 – paragraph 5 – point g

(g) reception conditions, including special attention and protection given to unaccompanied children and children with their families, vulnerable groups and victims of torture and victims of trafficking in human beings.

Amendment 15 #

Proposal for a regulation
Recital 1

(1) The objective of the Union's policy on asylum is to develop and establish a Common European Asylum System (CEAS), ~~consistent with~~in accordance with both international (humanitarian) law and Union law, including, but not limited to, the 1951 Geneva Convention and the Charter of Fundamental Rights of the European Union, as well as the values and humanitarian tradition of the European Union and governed by the principle of solidarity and fair sharing of responsibility.

Amendment 150 #

Proposal for a regulation
Article 7 – paragraph 7

7. The Agency shall ~~take the necessary initiatives to ensure that~~provide the experts who participate in the asylum support teams and the asylum intervention pool, ~~have received~~with the specialist training relevant to their duties and functions prior to their participation in the operational activities organised by the Agency. The Agency shall conduct regular exercises with those experts in accordance with the specialist training and exercise schedule referred to in its annual work programme.

Amendment 151 #

Proposal for a regulation
Article 7 – paragraph 8

8. The Agency may organise training activities related to asylum and resettlement in cooperation with Member States or third countries on their territory.

Amendment 152 #

Proposal for a regulation
Article 8 – paragraph 1

1. The Agency shall be a centre for gathering relevant, reliable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific information and targeted information on persons belonging to vulnerable groups. In addition, it shall gather information on individuals who have been involved in illegal activities, including terrorism, who must not be granted asylum. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues specific to countries of origin.

Amendment 153 #

Proposal for a regulation
Article 8 – paragraph 1

1. The Agency shall be a centre for gathering relevant, reliable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific information and targeted information on persons belonging to vulnerable groups, specifically women and LGBTI people. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues, and including those principles in article 21 of the Treaty of the European Union, specific to countries of origin.

Amendment 154 #

Proposal for a regulation
Article 8 – paragraph 1

1. The Agency shall be an independent centre for gathering relevant, reliable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific, gender-specific and sexual orientation- specific information and targeted information on persons belonging to vulnerable groups. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues specific to countries of origin.

Amendment 155 #

Manolis KEFALOGIANNIS

Proposal for a regulation
Article 8 – paragraph 1

1. The Agency shall be an independent centre for gathering relevant, reliable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific information and targeted information on persons belonging to vulnerable groups. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues specific to countries of origin.

Amendment 156 #

Proposal for a regulation
Article 8 – paragraph 1

1. The Agency shall be a centre for gathering relevant, reliable, balanced, transparent, traceable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific information and targeted information on persons belonging to vulnerable groups. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues specific to countries of origin.

Amendment 157 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 8 – paragraph 1

1. The Agency shall be a centre for gathering relevant, reliable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific information and targeted information on persons belonging to vulnerable groups. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues specific to countries of origin, including torture and ill-treatment in places of detention.

Amendment 158 #

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

(a) make use of all relevant sources of information, including its information analysis on the situation of asylum and other information gathered from governmental, non-governmental and international organisations, including through the networks referred to in Article 9, as well as Union institutions, agencies, bodies, offices and the European External Action Service;

Amendment 159 #

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

(a) make use of all relevant sources of information, including its information analysis on the situation of asylum and other information gathered from governmental, non-governmental and international organisations, in particular UNHCR, including through the networks referred to in Article 9, fact finding missions, as well as Union institutions, agencies, bodies, offices and the European External Action Service;

Amendment 16 #

Proposal for a regulation
Recital 1

(1) The objective of the Union's policy on asylum is to develop and establish a Common European Asylum System (CEAS), consistent with the values and humanitarian tradition of the European Union and governed by the principle of solidarity and fair sharing of responsibility, as well as differentiating between regional spécificités and the discrepancies in burden on individual Member States.

Amendment 160 #

Manolis KEFALOGIANNIS

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

(a) make use of all relevant sources of information, including its information analysis on the situation of asylum and other information gathered from governmental, non-governmental and international organisations, including through the networks referred to in Article 9, fact finding missions, as well as Union institutions, agencies, bodies, offices and the European External Action Service;

Amendment 161 #

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

(a) make use of all relevant sources of information, including its information analysis on the situation of asylum and other information gathered from governmental, non-governmental and international organisations, including through the networks referred to in Article 9, Fact-Finding Missions to countries of origin, as well as Union institutions, agencies, bodies, offices and the European External Action Service;

Amendment 162 #

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

(a) make use of all relevant sources of information, including its ~~information analysi~~assessments on the situation of asylum and other information gathered from governmental, non-governmental and international organisations, including through the networks referred to in Article 9, as well as Union institutions, agencies, bodies, offices and the European External Action Service;

Amendment 163 #

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

Amendment 164 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

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

(b) manage and further develop a fully transparent, publicly accessible portal for gathering and disseminating information on countries of origin including on use of sources, in accordance with Regulation (EG) 1049/2001;

Amendment 165 #

Manolis KEFALOGIANNIS

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

(b) manage and further develop a portal for gathering and disseminating information on countries of origin;

Amendment 166 #

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

(c) develop a common format and a common methodology including terms of reference, in line with the requirements of Union law on asylum, for developing reports and other products with information on countries of origin at the level of the Union.deleted

Amendment 167 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

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

(c) develop a common format and a common methodology including terms of reference and evaluation criteria, in line with the requirements of International and Union law on asylum, for developing reports and other products with information on countries of origin at the level of the Union.

Amendment 168 #

Proposal for a regulation
Article 9 – paragraph 2 – point b

(b) submit queries to the Agency related to specific questions of fact that may arise from applications for international protection, without prejudice to confidentiality rules as established in national law. while also ensuring that the activities of Member States’ security services are not hindered;

Amendment 169 #

Proposal for a regulation
Article 9 – paragraph 2 – point b

(b) submit queries to the Agency and assist in responding queries, related to specific questions of fact that may arise from applications for international protection, without prejudice to confidentiality rules as established in national law.

Amendment 17 #

Proposal for a regulation
Recital 1

(1) The objective of the Union's policy on asylum is to develop and establish a Common European Asylum System (CEAS), consistent with the values and humanitarian tradition of the European Union and governed by the principle of subsidiarity, solidarity and fair sharing of responsibility.

Amendment 170 #

Proposal for a regulation
Article 10 – paragraph 1

1. To foster convergence in applying the assessment criteria established in Directive 2011/95/EU of the European Parliament and of the Council,22 the Agency shall coordinate efforts among Member States to engage in and develop a common analysis providing guidance on the situation in specific countries of origin. Such common analysis should be developed taking fully into account the most recent, relevant UNHCR information, country/situation specific position papers and eligibility guidelines relating to the specific country of origin concerned. Regarding the common analysis the Agency, in accordance of Article 35 of the Geneva Convention, shall acknowledge the supervisory authority of the UNCHR and, therefore, take its guidance upon the matter. __________________ 22 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ L 337, 20.12.2011, p. 9).

Amendment 171 #

Proposal for a regulation
Article 10 – paragraph 1

1. To foster convergence in applying the assessment criteria established in Directive 2011/95/EU of the European Parliament and of the Council,22 the Agency shall coordinate efforts among Member States to engage in and develop a common analysis providing guidance on the situation in specific countries of origin. The Agency shall ensure that such common analysis takes full account of the most recent UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from specific countries of origin and of UNHCR country/situation specific position papers, if available. __________________ 22 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ L 337, 20.12.2011, p. 9).

Amendment 172 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 10 – paragraph 1

Amendment 173 #

Proposal for a regulation
Article 10 – paragraph 2

2. The Executive Director shall~~, after consulting the Commission,~~ submit that common analysis to the ~~Management Board~~Parliament for endorsement. Member States shall be ~~requir~~invited to take that common analysis into account when examining applications for international protection, without prejudice to their competence for deciding on individual applications.

Amendment 174 #

Proposal for a regulation
Article 10 – paragraph 2

2. The Executive Director shall, after consulting the Co~~mmission~~nsultative Forum, submit that common analysis to the Management Board for endorsement. Member States shall be required to take that common analysis into account when examining applications for international protection, without prejudice to their competence for deciding on individual applications.

Amendment 175 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 10 – paragraph 2

2. The Executive Director shall, after consulting the Commission, submit that common analysis to the Management Board for endorsement. Member States shall be ~~requir~~encouraged to take that common analysis into account when examining applications for international protection, without prejudice to their competence for deciding on individual applications.

Amendment 176 #

Proposal for a regulation
Article 10 – paragraph 3

3. The Agency shall ensure that the common analysis is ~~kept constantly under review and updated to the extent necessary. Any such revision shall likewise require prior consultation of the Commission and endorsement by the Management Boar~~regularly updated.

Amendment 177 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 10 – paragraph 3

3. The Agency shall ensure that the common analysis is kept constantly under review and updated to the extent necessary. Any such revision shall likewise require prior consultation of the Co~~mmission and~~nsultative Forum endorsement by the Management Board.

Amendment 178 #

Proposal for a regulation
Article 10 – paragraph 4 – introductory part

4. The Member States shall~~, on a monthly basis,~~ submit to the Agency relevant information on the decisions taken in relation to applicants for international protection originating from third countries subject to the common analysis. That information shall, in particular, include:

Amendment 179 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 10 – paragraph 4 – point c

(c) statistics on the number of decisions taken in relation to applicants from each country of origin which is the subject of the common analysis but where that common analysis was not followed and the reasons for not following it.deleted

Amendment 18 #

Proposal for a regulation
Recital 2

(2) The CEAS is based on common minimum standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress on the CEAS, there are still significant disparities between the Member States in the granting of international protection and in the form that such international protection takes. Those disparities should be addressed by ensuring greater convergence in the assessment of applications for international protection and by guaranteeing a high and uniform level of application of Union law across the Union.

Amendment 180 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Agency shall assist the Commission in regularly reviewing the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX, including those countries with which the EU has, or is in the process of concluding, a 'compact' under the Partnership Framework, as well as countries that have been suspended by the Commission and those that have been removed from that list.

Amendment 181 #

Proposal for a regulation
Article 11 – paragraph 2

2. The ~~Agency shall, at the~~Commission shall request of the ~~Commission,~~Agency to provide it with information on specific third countries which could be considered for inclusion in the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX. The European Parliament shall be kept informed.

Amendment 182 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Agency shall, at the request of the Commission, provide it with information on specific third countries which could be considered for inclusion in, suspension or deletion from the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX.

Amendment 183 #

Proposal for a regulation
Article 11 – paragraph 2 a (new)

2 a. Information provided by the Agency in the context of paragraphs 1 and 2 of this Article shall be compiled in accordance with the general principles provided for in Article 8 of this Regulation and shall take into account information received from the UNHCR, United Nations human rights treaty monitoring bodies and Special Procedures, Council of Europe human rights monitoring mechanisms, the International Committee of the Red Cross (ICRC), relevant non-governmental organisations and other relevant independent and reliable sources.

Amendment 184 #

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2

Amendment 185 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2

Amendment 186 #

Proposal for a regulation
Article 12 – paragraph 1

1. The Agency shall organise and coordinate activities promoting a correct and effective implementation of Union law, including through the development of operational standards, indicators, guidelines or best practices on asylum- related matters~~, and the exchange of best practices in asylum-related matters among Member States~~.

Amendment 187 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 12 – paragraph 2

2. The Agency shall~~, on its own initiative or at the request of the Commission, and in consultation with the Commission,~~ develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. ~~The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.~~

Amendment 188 #

Proposal for a regulation
Article 12 – paragraph 2

2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission, UNHCR and other relevant international and non-governmental organisations, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.

Amendment 189 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 12 – paragraph 2

2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission, develop technical operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.

Amendment 19 #

Proposal for a regulation
Recital 2

(2) The CEAS is based on common minimum standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress on the CEAS, ~~there are still significan~~it disparities between the Member States in the granting of international protection and in the form that such international protection takes. Those disparities should be addressed by ensuring greater convergence in the assessment of applications for international protection and by guaranteeing a high and uniform level of application of Union law across the Union necessary to accompany and support the Member States in their national policies on this matter.

Amendment 190 #

Proposal for a regulation
Article 12 – paragraph 3

3. The Agency shall, at the request of Member States, assist them to apply the technical operational standards, guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance.

Amendment 191 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. The Agency, in close cooperation with the Commission and relevant international and non-governmental organisations, shall establish a mechanism to:

Amendment 192 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. The Agency, in close cooperation with the Commission and in accordance with the applicable EU primary law, shall establish a mechanism to:

Amendment 193 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. The Agency, in close cooperation with the Commission, and in consultation with the consultative forum shall establish a mechanism to:

Amendment 194 #

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) monitor the implementation and assess all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, relocation procedures, the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by Member States, including as regards the respect of fundamental rights, child protection safeguards, family reunification and the needs of vulnerable persons and resettlement;

Amendment 195 #

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) monitor the implementation and assess all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, including legal assistance, the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by Member States, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons, as well as resettlement;

Amendment 196 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) support the monitor ~~the~~ing of implementation and assessment of all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by Member States, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons;

Amendment 197 #

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) ~~monitor the implementation and assess all aspects of the CEAS in~~assist the Member States, in particularly within the framework of the Dublin system, with reception conditions, asylum procedures, the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by Member States, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons;

Amendment 198 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 13 – paragraph 1 – point b

~~(b) monitor compliance by Member States with operational standards, indicators guidelines and best practices on asylum;~~deleted

Amendment 199 #

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) monitor compliance by Member States with operational standards, indicators guidelines and best practices on asylum, as well as international law in close synergy with the UNCHR;

Amendment 20 #

Proposal for a regulation
Recital 2

(2) The CEAS is based on common minimum standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress on the CEAS, there are ~~still~~ significant di~~spariti~~fferences between the Member States in the granting of international protection and in the form that such international protection takes, due to variations in regional and geopolitical challenges. Those disparities should be addressed by ensuring greater co~~nvergence~~operation in the assessment of applications for international protection and by guaranteeing a high ~~and uniform~~ level of application and efficient enforcement of Union law across the Union based on best practices and better involvement of regional actors.

Amendment 200 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) ~~monitor~~support the monitoring of the compliance by Member States with operational standards, indicators guidelines and best practices on asylum;

Amendment 201 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

Amendment 202 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 13 – paragraph 1 – point c

Amendment 203 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

~~The Agency may, in particular, base its assessment on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling.~~deleted

Amendment 204 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

The Agency may, in particular, base its assessment on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits ~~and case sampling~~, case sampling and information provided by UNHCR and other relevant United Nations human rights treaty monitoring bodies and Special Procedures or Council of Europe human rights monitoring mechanisms and other relevant international and non- governmental organisations.

Amendment 205 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

The Agency may, in particular, base its assessment on information provided by Member States, information analysis on the situation of asylum developed by the Agency, regular on-site visits and case sampling., as well as, assessments provided by UNHCR, academic institutions and expert national and international non- governmental organisations in the field of asylum;

Amendment 206 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2

~~For that purpose,~~ Member States ~~shall~~may, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. ~~The Member States shall also cooperate with the Agency and shall facilitate any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.~~

Amendment 207 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2

For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate closely with the Agency and shall facilitate any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.

Amendment 208 #

Proposal for a regulation
Article 13 – paragraph 3

Amendment 209 #

Proposal for a regulation
Article 13 – paragraph 3

3. The Agency shall assess the readiness of Member States to meet challenges from possible disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure and shall assist Member States to prepare and review their cprovision of national contingency planning to the Agency is excluded from the possibility of the provision of information. The information required shall be acquired through cooperation between the relevant bodies of the Member State and the correspontding~~ency planning, where necessar~~ department within the Agency.

Amendment 21 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 2

Amendment 210 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

The Management Board shall~~, in consultation with the Commission,~~ set the programme for monitoring ~~and assessing~~ the asylum and reception systems in each Member State, or of all Member States on the basis of thematic or specific aspects of the asylum systems. That programme shall form part of the multi-annual and annual programming referred to in Article 41.

Amendment 211 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2

Amendment 212 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3

Amendment 213 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5

Amendment 214 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5

The Agency may initiate a monitoring exercise for the assessment of the asylum or reception systems of a Member State ~~on its own initiative or~~ at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State's asylum or reception systems.

Amendment 215 #

Proposal for a regulation
Article 14 – paragraph 2

Amendment 216 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 14 – paragraph 3

Amendment 217 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 14 – paragraph 4

Amendment 218 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 14 – paragraph 5

Amendment 219 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 14 – paragraph 6

~~6. The Agency shall inform the Commission on a regular basis of the implementation of the action plan.~~deleted

Amendment 22 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 3

(3) ~~In its Communication of 6 April 2016, the Commission set out its options for improv~~The Commission must bear in mingd the CEAS, namely to establish a sustainable and fair system for determining the Member States responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the asylum system and to prevent secondary movements, and develop an enhanced mandate for the European Asylum Support Office. That Communication is in line with calls by the European Council on 18 February 2016 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.national sovereignty of the Member States. It also has a duty, in the service of the Member States, to simplify the management of migrant flows and thereby prevent secondary movement;

Amendment 220 #

Proposal for a regulation
Article 15 – paragraph 1

1. Where, after the period referred to in Article 14(5), the Member State concerned hais not able to fully implemented the action plan and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission shall, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, a~~dopt recommendations addressed to~~ssist that Member State ~~outlin~~by taking the measures needed to remedy the serious shortcomings~~, and where necessary setting out the measures to be taken by the Agency to support that Member State~~ or by channelling asylum seekers to a Member State with a higher level of compliance with the action plan.

Amendment 221 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 15 – paragraph 3

3. The Member State concerned shall report to the Commission on the implementation of the recommendations referred to in paragraph 1 within the time- limit set in those recommendations. If after that time-limit, the Commission is not satisfied that the Member State has fully complied with those recommendations, it may ~~take further action in accordance with Article 22(3)~~consult directly with the Member State concerned in order to find an alternative and efficient solution.

Amendment 222 #

Proposal for a regulation
Article 16 – paragraph 1

1. Member States may request the Agency for assistance ~~in implementing their obligations~~ with regard to asylum, in particular when their asylum and reception systems are subject to disproportionate pressure.

Amendment 223 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 16 – paragraph 2

2. Member States ~~shall~~may submit a request for assistance to the Executive Director describing the situation and the purpose of the request. The request shall be accompanied by a detailed assessment of needs. The Executive Director shall evaluate, approve and coordinate requests for assistance. Each shall be subject to a thorough and reliable assessment enabling the Agency to identify and propose a set of measures as referred to in paragraph 3 that can meet the needs of the Member State concerned.

Amendment 224 #

Proposal for a regulation
Article 16 – paragraph 3 – introductory part

3. The Agency shall organise and coordinate~~, for a limited period of time,~~ one or more of following operational and technical measures:

Amendment 225 #

Proposal for a regulation
Article 16 – paragraph 3 – introductory part

3. The Agency shall organise and coordinate~~, for a limited period of time,~~ one or more of following operational and technical measures:

Amendment 226 #

Proposal for a regulation
Article 16 – paragraph 3 – point g

(g) assist with the relocation or transfer of beneficiaries of international protection within the Union; taking into account fair objective criteria, such as family and cultural ties, and as far as possible on asylum seekers own preferences;

Amendment 227 #

Proposal for a regulation
Article 16 – paragraph 3 – point g

(g) assist with the relocation or transfer of applicants or beneficiaries of international protection within the Union;

Amendment 228 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 16 – paragraph 3 – point i

(i) assist Member States in ensuring that all the necessary fundamental rights safeguards, including child rights and child protection safeguards are in place;

Amendment 229 #

Proposal for a regulation
Article 17 – paragraph 1

1. The Agency shall deploy asylum support teams to Member States, at their request, to provide operational and technical assistance in accordance with Article 16.

Amendment 23 #

Proposal for a regulation
Recital 3

(3) In its Communication of 6 April 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member States responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater ~~converg~~efficiencey in the asylum system and to prevent secondary movements, and develop an ~~enhanc~~improved mandate for the European Asylum Support Office. That Communication is in line with calls by the European Council on 18 February 2016 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. ~~It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.~~

Amendment 230 #

Proposal for a regulation
Article 17 – paragraph 2

2. The asylum support teams shall consist primarily of experts from the Agency's own staff, experts ~~from~~seconded by Member States ~~or experts seconded by Member States to the Agency~~to the Agency, or experts from Member States.

Amendment 231 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 17 – paragraph 2

Amendment 232 #

Proposal for a regulation
Article 17 – paragraph 4

4. Member States ~~shall~~may contribute to the asylum support teams through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles.

Amendment 233 #

Proposal for a regulation
Article 17 – paragraph 7

7. Member States shall ensure that the experts that they contribute match the profiles and numbers decided upon by the Management Board and have been trained in the Agency's Training Curriculum. The duration of deployment shall be determined by the home Member State but it shall not be less than 360 days.

Amendment 234 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 17 – paragraph 7

Amendment 235 #

Proposal for a regulation
Article 18 – paragraph 1

1. For the purposes of Article 22, the Management Board shall, on a proposal of the Executive Director, set up an asylum intervention pool which shall constitute a reserve of experts placed at the immediate disposal of the Agency. For that purpose, Member States shall, on a yearly basis, make available to the Agency a number of experts of not less than 500 persons.deleted

Amendment 236 #

Proposal for a regulation
Article 18 – paragraph 2

2. The Management Board shall, on a proposal of the Executive Director, decide ~~by a three-fourths majority of members with a right to vote~~ on the profiles of experts and on the share that each Member State shall contribute to constitute the asylum intervention pool. The same procedure shall apply to any subsequent changes in the profiles and the overall number of experts. The Executive Director shall ensure that the composition of the asylum support teams or the experts to be deployed from the asylum intervention pool is in accordance with the request, depending on the needs on the ground, of the host Member State.

Amendment 237 #

Proposal for a regulation
Article 18 – paragraph 3

Amendment 238 #

Proposal for a regulation
Article 18 – paragraph 3

Amendment 239 #

Proposal for a regulation
Article 18 – paragraph 3

Amendment 24 #

Proposal for a regulation
Recital 3

(3) In its Communication of 6 April 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member States responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the asylum system and to prevent secondary movements, and develop an enhanced mandate for the European Asylum Support Office. That Communication is in line with calls by the European Council on 18 February 2016 to make progress towards reforming the EU's existing framework so as to ensure a humane, non-discriminatory and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.

Amendment 240 #

Proposal for a regulation
Article 18 – paragraph 3 a (new)

3 a. Full compliance of Member States with their obligations for staffing and supporting the Agency is mandatory. Such compliance should be monitored by the European Commission and, in cases of non compliance, corrective measures should be taken immediately.

Amendment 241 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 19 – paragraph 1

1. The ~~Executive Director and the~~ host Member State shall ~~agree on an~~draft the operational plan. The operational plan shall be binding on the Agency, the host and participating Member States.

Amendment 242 #

Proposal for a regulation
Article 19 – paragraph 3

3. Having regard to point (e) of paragraph 2, the host Member State shall authorise experts from the asylum support teams or the asylum intervention pool to consult European databases and it may authorise them to consult its national databases in compliance with Union and national law on access and consultation of those databases, and as necessary to achieve the objectives and perform the tasks outlined in the operational plan.deleted

Amendment 243 #

Proposal for a regulation
Article 19 – paragraph 3

3. Having regard to point (e) of paragraph 2, the host Member State shall authorise experts from the asylum support teams ~~or the asylum intervention pool~~ to consult European databases and it may authorise them to consult its national databases in compliance with Union and national law on access and consultation of those databases, and as necessary to achieve the objectives and perform the tasks outlined in the operational plan.

Amendment 244 #

Proposal for a regulation
Article 19 – paragraph 4

4. Any amendments to or adaptations of the operational plan shall ~~require the agreement of the Executive Director and~~be the sole responsibility of the host Member State. The Agency shall immediately send a copy of the amended or adapted operational plan to the participating Member States.

Amendment 245 #

Proposal for a regulation
Article 20 – paragraph 4

4. The Executive Director, a~~nd the host Member State~~t the recommendation of the host Member State and in cooperation with it, shall draw up an operational plan within three working days from the day on which the decision to deploy the asylum support teams is taken.

Amendment 246 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 20 – paragraph 6

6. The Executive Director shall, ~~after informing~~having obtained the assent of the host Member State, suspend or terminate the deployment of the asylum support teams if the conditions to carry out the operational and technical measures are no longer fulfilled or if the operational plan is not respected by the host Member State.

Amendment 247 #

Proposal for a regulation
Article 21 – paragraph 1

1. Where a Member State requests operational and technical reinforcement by migration management support teams as referred to in Article 17 of Regulation No XXX/XXX or where migration management support teams are deployed at hotspot areas as referred to in Article 18 of Regulation No XXX/XXX, the Executive Director shall ensure coordination of the Agency’s activities in the migration management support teams ~~with~~and the ~~Commission and with~~support teams for other relevant Union agencies, in particular, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States.

Amendment 248 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 22 – paragraph 1

1. Where the asylum and reception systems of a Member State are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems, the Agency shall, at the request of the Member State concerned, or ~~on its own initiative, organise and coordinate~~ganise and coordinate together with the host Member State concerned, a comprehensive set of operational and technical measures as referred to in Article 16 and deploy experts from the asylum intervention pool referred to in Article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time.

Amendment 249 #

Proposal for a regulation
Article 22 – paragraph 1

Amendment 25 #

Proposal for a regulation
Recital 3 a (new)

(3a) In its Communication of 7 June 2016, the Commission set out plans to mobilise and focus EU action and resources in its external work to manage migration. The objective of this proposal must not lead to the instrumentalisation of the EU's foreign policy instruments with the sole goal of 'managing migration'. The EU, its institutions and agencies must work together to put in place border control, channels for legal migration and proper migration and asylum policies, rather than paying third countries to avoid people from migrating. Utilising the full range of the EU's foreign policy instruments in their own right will have merit both in the short and long term and ensure the EU can defend and promote its values and interests worldwide.

Amendment 250 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 22 – paragraph 1

Amendment 251 #

Proposal for a regulation
Article 22 – paragraph 3

Amendment 252 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 22 – paragraph 4

Amendment 253 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 22 – paragraph 4

4. For the purposes of paragraph 3, the Executive Director shall, within two working days from the date of adoption of the Commission decision, determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision. In parallel, ~~the Executive Director and~~ the Member State concerned shall agree on the operational plan.

Amendment 254 #

Proposal for a regulation
Article 22 – paragraph 5

Amendment 255 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 22 – paragraph 6

Amendment 256 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 23 – paragraph 1

1. Without prejudice to the obligation of Member States to supply the necessary facilities and equipment for the Agency to be able to provide the required operational and technical assistance, the Agency may deploy its own equipment to Member States to the extent that this may be needed by the asylum support teams or the experts from the asylum intervention pool and insofar as this may complement equipment already made available by the Member States or other Union agencies.deleted

Amendment 257 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 23 – paragraph 1

Amendment 258 #

Proposal for a regulation
Article 23 – paragraph 2

Amendment 259 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 25 – paragraph 4

4. The Executive Director may authorise the coordinating officer to assist in resolving any disputes concerning the implementation of the operational plan and the deployment of asylum support teams or experts from the asylum intervention pool., under the supervision of the State in which he or she is intervening;

Amendment 26 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 4

(4) The European Asylum Support Office was established by Regulation (EU) No 439/2010 of the European Parliament and of the Council7 and it took up its responsibilities on 1 February 2011. The European Asylum Support Office has enhanced practical cooperation among Member States on asylum-related matters ~~and in assisting Member States in implementing their obligations under the CEAS~~. The European Asylum Support Office also provides support to Member States whose asylum and reception systems are under particular pressure. However, its role and function need to be further strengthened so as to not only support Member States in their practical cooperation but to reinforce and complement the asylum and reception systems of Member States. __________________ 7 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11).

Amendment 260 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 25 – paragraph 5

5. In discharging his or her duties, the coordinating officer shall take instructions only from the Executive Director. and the authorities of the Member State in which he or she is intervening;

Amendment 261 #

Proposal for a regulation
Article 26 – paragraph 1

1. Where experts of an asylum support team or from the asylum intervention pool are operating in a host Member State, that Member State shall be liable in accordance with its national law for any damage caused by them during their operations, where the Member State has recommended the specific action/way of acting which caused the damage.

Amendment 262 #

Proposal for a regulation
Article 26 – paragraph 2

2. Where such damage is caused by gross negligence or wilful misconduct by experts of an asylum support team or by the asylum intervention pool, the host Member State may address the home Member State or the Agency to obtain any sums it has paid to the victims or persons entitled on their behalf from the home Member State or the Agency.

Amendment 263 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 26 – paragraph 2

2. Where such damage is caused by gross negligence or wilful misconduct, the ~~host Member State may address the home Member State or the Agency to obtain any sums it has paid to the victims or persons entitled on their behalf from the home Member State or the Agency~~Agency or the home Member State shall make good any damage caused in accordance with the general principles common to the laws of the Member States.

Amendment 264 #

Proposal for a regulation
Article 28 – paragraph 1 – point e

~~(e) the Agency's technical equipment;~~deleted

Amendment 265 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 28 – paragraph 1 – point f

~~(f) experts' fees.~~deleted

Amendment 266 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 28 – paragraph 1 – point f a (new)

(fa) expenditure for putting right the damage caused in the host Member State either by staff of the support teams during their operations or by migrants.

Amendment 267 #

Proposal for a regulation
Article 29 – paragraph 1

1. The Agency may take all necessary measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, the relevant Union agencies.deleted

Amendment 268 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 29 – paragraph 1

Amendment 269 #

Proposal for a regulation
Article 30 – paragraph 2

2. The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the appointment of a Data Protection Officer of the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor and in collaboration with the Member States’ relevant services.

Amendment 27 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 4

(4) The European Asylum Support Office was established by Regulation (EU) No 439/2010 of the European Parliament and of the Council 7 and it took up its responsibilities on 1 February 2011. The European Asylum Support Office has ~~enhanced~~facilitated more practical cooperation among Member States on asylum-related matters and in assisting Member States in implementing their obligations under the CEAS. The European Asylum Support Office also provides support to Member States whose asylum and reception systems are under particular pressure. However, its role and function need to be further strengthened so as to not only support Member States in their practical cooperation but to reinforce and complement the asylum and reception systems of Member States. __________________ 7 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11).

Amendment 270 #

Proposal for a regulation
Article 30 – paragraph 4

4. The transfer of personal data processed by the Agency and the onward transfer by Member States to authorities of third countries or third parties, including international organisations, of personal data processed in the framework of this Regulation shall be ~~prohibi~~authorised within the framework of security measures taken by Member Stateds.

Amendment 271 #

Proposal for a regulation
Article 31 – paragraph 1 – point d

Amendment 272 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 32 – paragraph 1

1. The use by the Agency of personal data collected by or transmitted to it by the Member States or by its own staff when providing operational and technical assistance to Member States shall be limited to the name, date of birth, gender, nationality, profession or education, fingerprints and digitised photograph of third-country nationals and not unjustly undermining the governing rules on personal data protection.

Amendment 273 #

Proposal for a regulation
Article 32 – paragraph 3

3. The personal data shall be ~~deleted as soon as they have been~~ transmitted to the European Agency for the Management of Operational Cooperation at the External Borders of the Member States, Europol or Eurojust or to the competent authorities of Member States or used for information analysis on the situation of asylum. The storage period shall in any case not exceed 30 days after the date on which the Agency collects or receives those data. In the result of the information analysis on the situation of asylum, data shall not allow for the identification of a natural person at any time.

Amendment 274 #

Proposal for a regulation
Article 35 – paragraph 1

1. In matters related to its activities and, to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to the protection of fundamental human rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation, including the EU Charter of Fundamental Rights, including when carrying out activities on the territory of those third countries.

Amendment 275 #

Proposal for a regulation
Article 35 – paragraph 1

1. In matters related to its activities and, to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to the protection of fundamental rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation, as well as the EU Charter of Fundamental Rights, including when carrying out activities on the territory of those third countries.

Amendment 276 #

Marielle DE SARNEZ, Louis MICHEL

Proposal for a regulation
Article 35 – paragraph 1

1. In matters related to its activities and, to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to the protection of fundamental rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation and international law, including when carrying out activities on the territory of those third countries.

Amendment 277 #

Proposal for a regulation
Article 35 – paragraph 2

2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, in particular with a view to promoting Union standards on asylum, informing potential migrants of legal entry paths into Europe and communicating the risks of illegal immigration, taking inspiration from the lessons learned from CIGEM (the Centre for Migration Management and Information) in Mali, and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions, such as preventing illegal immigration. The Agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. The Agency shall seek the prior approval of the Commission for such working arrangements and it shall inform the European Parliament.

Amendment 278 #

Proposal for a regulation
Article 35 – paragraph 2

2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, in particular with a view to promoting Union standards on asylum and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions. The Agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with Union law and policy and international law. The Agency shall seek the prior approval of the Commission and the EEAS for such working arrangements and it shall inform the European Parliament, prior to the concluding of such arrangements.

Amendment 279 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 35 – paragraph 2

2. The Agency may, where necessary and appropriate, cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, in particular with a view to promoting Union standards on asylum and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions. The Agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. The Agency shall seek the prior approval of the Commission for such working arrangements and it shall inform the European Parliament.

Amendment 28 #

Proposal for a regulation
Recital 5

Amendment 280 #

Proposal for a regulation
Article 35 – paragraph 3

Amendment 281 #

Proposal for a regulation
Article 35 – paragraph 3

Amendment 282 #

Proposal for a regulation
Article 35 – paragraph 4

4. The Agency shall ~~coordinate~~support actions on resettlement taken by Member States or by the Union, in cl~~uding the exchange of information~~ose cooperation with the UNHCR. The Agency shall exchange information, in full compliance with the standards and guidance set by UNHCR, so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries. The Agency shall gather information, monitor resettlement to Member States and support Member States with capacity building on resettlement. . The ~~Agency may also, subject to the agreement of the thir~~confidentiality of information relating to individual resettlement cases shall be guaranteed at all times. Any exchange of information shall be carried cou~~ntry and in agreement with the Commission, coordinate~~t in full compliance with the relevant rules established in the UNHCR Resettlement Handbook, without jeopardising eligibility anyd s~~uch exchange of information or other action between Member States and a third country, in the territory of that third count~~election of refugees for resettlement. Any Agency activity in the field of resettlement shall be carried out in close cooperation with UNHCR and include support for resettled refugees on the territory of Member States post arrival as relevant and necessary.

Amendment 283 #

Demetris PAPADAKIS

Proposal for a regulation
Article 35 – paragraph 4

4. The Agency shall coordinate actions on resettlement taken by Member States or by the Union, including the exchange of information, so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries. The Agency shall encourage and assist Member States to use to the full the other legal avenues available to persons in need of protection, including humanitarian visas and family reunification clauses. The Agency shall gather information, monitor resettlement to Member States and support Member States with capacity building on resettlement. The Agency may also, subject to the agreement of the third country and in agreement with the Commission, coordinate any such exchange of information or other action between Member States and a third country, in the territory of that third country.

Amendment 284 #

Proposal for a regulation
Article 35 – paragraph 4

Amendment 285 #

Proposal for a regulation
Article 35 – paragraph 4 a (new)

Amendment 286 #

Proposal for a regulation
Article 35 – paragraph 5

Amendment 287 #

Proposal for a regulation
Article 35 – paragraph 5

5. The Agency shall participate in the implementation of international agreements concluded by the Union with third countries, within the framework of the external relations policy of the Union, and in so doing take into account international (humanitarian) law, principles of human rights, democracy and the rule of law, and regarding matters covered by this Regulation.

Amendment 288 #

Proposal for a regulation
Article 35 – paragraph 6 a (new)

6 a. The Agency may deploy experts from its own staff to third countries where a more permanent presence of the Agency would help fulfil its tasks, in particular as regards resettlement. The management board, shall on a proposal of the executive director adopt the list of those countries on a yearly basis. The deployment of these representatives shall be approved by the management board and be subject to receiving the prior opinion of the Commission. Those experts shall coordinate closely with the Immigration Liaison Officers. The European Parliament shall be kept fully informed of those activities without delay.

Amendment 289 #

Proposal for a regulation
Article 37 – title

Cooperation with the UN~~HCR~~ entities and other international organisations

Amendment 29 #

Proposal for a regulation
Recital 5

(5) Having regard to structural weaknesses of the CEAS brought to the fore by large-scale and uncontrolled arrival of migrants and asylum seekers to the Union and the need for an efficient, high and uniform level of the application of Union and international asylum law in Member States, it is necessary to improve the implementation and functioning of the CEAS by building on the work of the European Asylum Support Office and further develop it into a fully-fledged agency which should be responsible for facilitating and improving the functioning of the CEAS, for enabling a sustainable and fair distribution of applications for international protection for ensuring convergence in the assessment of applications for international protection across the Union, and for monitoring the operational and technical application of Union and international law.

Amendment 290 #

Proposal for a regulation
Article 37 – paragraph 1

Amendment 291 #

Proposal for a regulation
Article 37 – paragraph 1

The Agency shall cooperate with UN entities and international organisations, in particular ~~UNHC~~the UNHCR and the OHCHR, in areas governed by this Regulation, within the framework of working arrangements concluded with those bodies, in accordance with the Treaty and the provisions on the competence of those bodies. The Management Board shall decide on the working arrangements which shall be subject to prior approval of the Commission.

Amendment 292 #

Proposal for a regulation
Article 39 – paragraph 1

1. The Management Board shall be composed of one representative from each Member State ~~and~~, two representatives of the Commission, and two representatives from the European Parliament which shall have the right to vote.

Amendment 293 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 39 – paragraph 1

1. The Management Board shall be composed of one representative from each Member State, one representative of the European Parliament and two representatives of the Commission, which shall have the right to vote.

Amendment 294 #

Proposal for a regulation
Article 39 – paragraph 1

1. The Management Board shall be composed of one representative from each Member State ~~and two representatives of the Commission, which shall have~~with the right to vote.

Amendment 295 #

Proposal for a regulation
Article 39 – paragraph 1

1. The Management Board shall be composed of one representative from each Member State and two representatives of the Commission, which shall all have the right to vote.

Amendment 296 #

Proposal for a regulation
Article 39 – paragraph 2

2. The Management Board shall include one representative of UNHCR, and one representative of the European Agency for Fundamental Rights (FRA) without the right to vote.

Amendment 297 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 39 – paragraph 2

2. The Management Board shall include one representative of UNHCR, and the European Agency for Fundamental Rights (FRA) without the right to vote.

Amendment 298 #

Proposal for a regulation
Article 40 – paragraph 1 – point b

(b) adopt the annual budget of the Agency by a majority of two-thirds of members entitled to vote and exercise other functions in respect of the Agency's budget pursuant to Chapter 10; accept the principle of its budget being controlled by Parliament’s finance committee;

Amendment 299 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 40 – paragraph 1 – point q

~~(q) adopt, having requested the opinion of the Commission, the programming document in accordance with Article 41;~~deleted

Amendment 30 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 5

(5) Having regard to structural weaknesses of the CEAS brought to the fore by large-scale and uncontrolled arrival of migrants and asylum seekers to the Union and the need for an efficient, high and ~~uniform~~targeted level of the application of Union asylum law in Member States, it is necessary to improve the implementation and functioning of the CEAS by building on the work of the European Asylum Support Office ~~and further develop it into a fully-fledged agency~~, which should be responsible for facilitating and improving the functioning of the CEAS, for enabling a sustainable and fair distribution of applications for international protection for ensuring convergence in the assessment of applications for international protection across the Union, and for monitoring the operational and technical application of Union law.

Amendment 300 #

Proposal for a regulation
Article 40 – paragraph 1 – point y

~~(y) set up and decide on the profiles and overall numbers of experts to be made available for the asylum support teams in accordance with Article 17(3);~~deleted

Amendment 301 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 40 – paragraph 1 – point aa

Amendment 302 #

Proposal for a regulation
Article 40 – paragraph 3

3. The Management Board may establish an Executive Board, composed of the Chairperson of the Management Board, the two representatives of the Commission to the Management Board, the two representatives of the European Parliament to the Management Board and three other members of the Management Board, to assist it and the Executive Director with regard to the preparation of decisions, ~~the~~in close collaboration with the Member States representatives when these decisions may concern one specific Member State; the proposal of annual and multi-annual programming and activities to be adopted by the Management Board. When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters. Any such decision should be put to the Management Board as soon as possible for final approval.

Amendment 303 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 40 – paragraph 3

3. The Management Board may 3. establish an Executive Board, composed of the Chairperson of the Management Board, the two representatives of the Commission to the Management Board and three other members of the Management Board, to assist it and the Executive Director with regard to the preparation of decisions, the annual and multi-annual programming and activities to be adopted by the Management Board. ~~When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters.~~

Amendment 304 #

Proposal for a regulation
Article 43 – paragraph 4

4. The Management Board shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of its Chairperson~~, at the request of the Commission,~~ or at the request of one- third of its members.

Amendment 305 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 45 – paragraph 8

8. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission or a Member State.

Amendment 306 #

Proposal for a regulation
Article 49 – paragraph 3 – point b

(b) Union funding in the form of delegation agreements or ad hoc grants in accordance with its financial rules referred to in Article 53 and with the provisions of the relevant instruments supporting the policies of the Union;deleted

Amendment 307 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 54 – paragraph 3

~~3. The Agency shall be independent in relation to operational and technical matters.~~deleted

Amendment 308 #

Proposal for a regulation
Article 54 a (new)

Article 54 a Protection of Fundamental Rights and Complaint Mechanism 1. The Agency shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union Law, in particular the Charter of Fundamental Rights, relevant international law, including the 1951 Convention, the 1967 Protocol, the legal norms adopted in the context of the CEAS and obligations related to access to and content of international protection. 2. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency and a complaint mechanism.

Amendment 309 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 60 – paragraph 1

1. The Agency shall apply the Commission's rules on security as set out in Commission Decisions (EU, Euratom) 2015/443 35 and 2015/444.36 as well as governing rules on personal data protection. Those rules shall apply, in particular, to the exchange, processing and storage of classified information. __________________ 35 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41). 36 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

Amendment 31 #

Proposal for a regulation
Recital 6

(6) The tasks of the European Asylum Support Office should be expanded, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, monitor the operational and technical application of Union law and standards as regards asylum, support the Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.deleted

Amendment 310 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 1

No later than ~~thre~~one years from the day of entry into force of this Regulation, and every ~~five~~two years thereafter, the ~~Commission~~European Parliament shall commission an evaluation to assess, in particular, the Agency's performance in relation to its objectives, mandate and tasks. That evaluation shall cover the Agency's impact on practical cooperation on asylum-related matters and on the CEAS. The evaluation shall take due regard of progress made, within its mandate, including assessing whether additional measures are necessary to ensure effective solidarity and sharing of responsibilities with Member States subject to particular pressure.

Amendment 311 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 66 – paragraph 2

2. ~~The Commission shall send the evaluation report together with its conclusions on the report to the European Parliament, the Council and the Management Board.~~ The findings of the evaluation shall be made public.

Amendment 312 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Article 66 – paragraph 3

3. ~~On the occasion of every second evaluation, the Commission~~Parliament shall consider whether continuation of the Agency is justified with regard to its objectives, mandate and tasks and it may propose that this Regulation be amended accordingly or repealed.

Amendment 32 #

Proposal for a regulation
Recital 6

(6) The tasks of the European Asylum Support Office should be ~~expand~~targeted, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure ~~a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, monitor the operational~~increased operational and technical support to Member States for the management of the asylum and trechnical application of Union law and standards as regards asylum, support the Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressureeption systems, in particular those whose systems are subject to disproportionate pressure, increased coordination between Frontex and Member States with a view to acting more effectively in the protection of the European Union’s external borders and with a view to preventing unmanageable situations of migratory pressure, strengthening the combating of trafficking in human beings and managing secondary movements in a regulated way.

Amendment 33 #

Proposal for a regulation
Recital 6

(6) The tasks of the European Asylum Support Office should be expanded, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity and equal treatment as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, monitor the operational and technical application of Union law and standards as regards asylum, support the Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.

Amendment 34 #

Proposal for a regulation
Recital 6

(6) The tasks of the European Asylum Support Office should be expanded, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main role should be to strengthen and encourage practical cooperation and information exchange on best practises among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity as regards asylum procedures~~, reception conditions~~ and the assessment of protection needs across the Union, monitor the operational and technical application of Union law and standards as regards asylum, support the Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.

Amendment 35 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 6

(6) The tasks of the European Asylum Support Office should be expanded, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, monitor the operational and technical application of Union law and standards as regards asylum, support the reformed Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.

Amendment 36 #

Proposal for a regulation
Recital 7

(7) The European Union Agency for Asylum should work in close cooperation with Member States’ asylum authorities, with national immigration and asylum services and other services, drawing on the capacity and expertise of those services, and with the Commission. Member States should cooperate with the Agency to ensure that it is able to fulfil itbe at the service of Member States’ asylum authorities mandate. It is important that the Agency and the Member States act in good faith and have a timely and accurate exchange of information. Any provision of statistical data should respect the technical and methodological specifications of Regulation (EC) No 862/20078 national immigration and asylum services. __________________ 8 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).

Amendment 37 #

Proposal for a regulation
Recital 7

(7) The European Union Agency for Asylum should work in close cooperation with Member States' asylum authorities, with national immigration and asylum services and other services, drawing on the capacity and expertise of those services, and with the Commission, EEAS and its delegations in countries of origin and transit. Member States should cooperate with the Agency to ensure that it is able to fulfil its mandate. It is important that the Agency and the Member States act in good faith and have a timely and accurate exchange of information. Any provision of statistical data should respect the technical and methodological specifications of Regulation (EC) No 862/2007.8 __________________ 8 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).

Amendment 38 #

Proposal for a regulation
Recital 8

(8) The European Union Agency for Asylum should gather and analyse information on the situation of asylum in the Union and in third countries, in cooperation with the UNHCR and the consultative forum, insofar as this may have an impact on the Union. That should enable the Agency to assist Member States in better understanding the factors for asylum-related migration towards and within the Union, as well as for the purpose of early warning and preparedness of Member States.

Amendment 39 #

Marielle DE SARNEZ

Proposal for a regulation
Recital 8

(8) The European Union Agency for Asylum should gather and analyse information on the situation of asylum in the Union, in third countries and in t~~hird~~ransit countries insofar as this may have an impact on the Union. That should enable the Agency to assist Member States in better understanding the factors for asylum-related migration towards and within the Union, as well as for the purpose of early warning and preparedness of Member States.

Amendment 40 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 8

(8) The European Union Agency for Asylum should gather and analyse information on the situation of asylum in the Union and in third countries insofar as this may have an impact on the Union and specifically on a Member State directly affected due to proximity with the third state. That should enable the Agency to assist Member States in better understanding the geo-political factors for asylum-related migration towards and within the Union, as well as for the purpose of early warning and preparedness of Member States.

Amendment 41 #

Proposal for a regulation
Recital 9

(9) Having regard to the reform of the Dublin system, the European Union Agency for Asylum should provide the necessary support to the Member States, in particular by operating and managing the corrective mechanism.deleted

Amendment 42 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 10

(10) The European Union Agency for Asylum should a~~ssis~~ct to support Member States with training of experts from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum. In addition, the Agency should ensure that all experts participating in asylum support teams or forming part of the asylum intervention pool receive specialist training before their participation in operational activities organised by the Agency.

Amendment 43 #

Proposal for a regulation
Recital 10

(10) The European Union Agency for Asylum should assist Member States with training of experts from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum. In addition, the Agency should ensure that all experts participating in asylum support teams or forming part of the asylum intervention pool receive specialist training before their participation in operational activities organised by the Agency. ‘Operational’ activities which can only be carried out under the auspices of the Member States’ authorities.

Amendment 44 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 11

Amendment 45 #

Proposal for a regulation
Recital 11

(11) The European Union Agency for Asylum should ensure a more structured and streamlined production of information on countries of origin at the level of the European Union. It is necessary for the Agency to gather information and draw up reports providing for country of origin information by making use of European networks on country of origin information so as to avoid duplication and create synergies with national reports. Furthermore, to ensure convergence and high standards in the assessment of applications for international protection and the nature and quality of protection granted, the Agency should, together with Member States, engage in and develop a common analysis providing guidance on the situation in specific countries of origin. Such common analysis should be developed taking fully into account the most recent, Fact-Finding Missions reports, relevant UNHCR information, country/situation specific position papers and eligibility guidelines relating to the specific country of origin concerned. Where there is a conflict between the common analysis and UNHCR guidance, the latter should be carefully taken into account by Member States when examining individual applications for international protection in accordance with the supervisory responsibility of the UNHCR as set out in paragraph 8 of the Statute of the Office of the High Commissioner for Refugees, read in conjunction with Article 35 of the 1951 Convention relating to the Status of Refugees (1951 Convention) and Article II of the 1967 Protocol relating to the Status of Refugees (1967 Protocol).

Amendment 46 #

Proposal for a regulation
Recital 11

(11) The European Union Agency for Asylum should ensure a more structured and streamlined production of information on countries of origin at the level of the European Union. It is necessary for the Agency to gather information and draw up reports providing for country of origin information by making use of European networks on country of origin information and UNHCR country/situation specific position papers, where available, as well as other relevant reports and information provided by international and national organisations and academics, so as to avoid duplication and create synergies with national and other existing reports. Furthermore, to ensure convergence in the assessment of applications for international protection and the nature and quality of protection granted, the Agency should~~, together with Member States, engage in and~~ develop a common analysis providing guidance on the situation in specific countries of origin. Such common analysis should be developed in consultation with the United Nations High Commissioner for Refugees (UNHCR), as well as in full respect of and in accordance with the most recent UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum Seekers from specific countries of origin.

Amendment 47 #

Proposal for a regulation
Recital 11

Amendment 48 #

Proposal for a regulation
Recital 11

Amendment 49 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 11

Amendment 50 #

Marielle DE SARNEZ

Proposal for a regulation
Recital 11

(11) The European Union Agency for Asylum should ensure a more structured and streamlined production of information on countries of origin and transit at the level of the European Union. It is necessary for the Agency to gather information and draw up reports providing for country of origin and transit information by making use of European networks on country of origin information so as to avoid duplication and create synergies with national reports. Furthermore, to ensure convergence in the assessment of applications for international protection and the nature and quality of protection granted, the Agency should, together with Member States, engage in and develop a common analysis providing guidance on the situation in specific countries of origin.

Amendment 51 #

Proposal for a regulation
Recital 12

(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX9 should be regularly reviewed by the Commission. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also, at the request of the Commission, provide it with information on specific third countries which could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the Member States apply the concepts of safe third country, first country of asylum or European safe third country, in conjunction with the Member States’ security services. __________________ 9 JO L […]

Amendment 52 #

Proposal for a regulation
Recital 12

(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX 9 should be regularly reviewed by the Commission, in cooperation with the EEAS. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also, at the request of the Commission, provide it with information on specific third countries which could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country, first country of asylum or European safe third country by Member States apply. Those countries with which the EU has concluded, or is in the process of concluding a 'migration compact' under the Partnership Framework with third countries under the European Agenda for migration, will not be automatically considered as safe, but will be assessed following the procedure set out herein. __________________ 9 OJ L […]

Amendment 53 #

Demetris PAPADAKIS

Proposal for a regulation
Recital 12

(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX 9 should be regularly reviewed by the Commission while ensuring that the principle of non - refoulement and the individual right to asylum, especially that of people belonging to vulnerable groups such as unaccompanied minors, are not undermined. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also, at the request of the Commission, provide it with information on specific third countries which could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country, first country of asylum or European safe third country by Member States apply. __________________ 9OJ L […] 9 OJ L […]

Amendment 54 #

Proposal for a regulation
Recital 12

(12) The ~~common~~ EU list of safe countries of origin established by Regulation (EU) No XXX/XXX9 9should be regularly reviewed by the Commission, as well as in special circumstances, whenever considered necessary. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also, at the request of the Commission, provide it with information on specific third countries which could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country, first country of asylum or European safe third country by Member States apply. This list may be different for each category of asylum seeker. __________________ 9 OJ L […].

Amendment 55 #

Proposal for a regulation
Recital 12

(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX9 should be regularly reviewed by the Commission. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also, at the request of the Commission, provide it with information on specific third countries which, in accordance with specific criteria, could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country, first country of asylum or European safe third country by Member States apply. ___________________ 9OJ L […]. 9 OJ L […].

Amendment 56 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 12

(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX 9 should be regularly reviewed by the Commission. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also~~, at the request of the Commission, provide i~~ provide the Commission and the European Parliament with information on specific third countries which could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country, first country of asylum or European safe third country by Member States apply. __________________ 9OJ L […] 9 OJ L […]

Amendment 57 #

Proposal for a regulation
Recital 13

(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law. For that purpose, the Agency should assist Member States by developing operational standards and indicators for monitoring compliance with those standards. The Agency should also develop guidelines on asylum-related matters and should enable the exchange of best practices among Member States.deleted

Amendment 58 #

Proposal for a regulation
Recital 13

(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law. For that purpose, the Agency should assist Member States by developing operational standards and indicators for monitoring compliance with those standards. The Agency should also develop guidelines on asylum-related matters and should enable the exchange of best practices among Member States., in collaboration with the Fundamental Rights Agency, the UNHCR and the consultative forum

Amendment 59 #

Proposal for a regulation
Recital 13

(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate regular activities ~~promoting Union law~~in cooperation with national and regional actors and authorities. For that purpose, the Agency should assist Member States by developing operational standards and indicators for monitoring compliance with those standards. The Agency should also develop basic guidelines on asylum-related matters and should enable and encourage the exchange of best practices among Member States.

Amendment 60 #

Proposal for a regulation
Recital 13

(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law. For that purpose, the Agency should assist Member States by developing operational standards and indicators for monitoring compliance with those standards, as well as with established international rules. The Agency should also develop guidelines on asylum-related matters and should ~~enabl~~coordinate the exchange of best practices among Member States.

Amendment 61 #

Proposal for a regulation
Recital 13

(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law. For that purpose, the Agency should a~~ssist~~ct as a support for Member States by developing operational standards and indicators for monitoring compliance with those standards. The Agency should also develop guidelines on asylum-related matters and should enable the exchange of best practices among Member States.

Amendment 62 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 13

(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law. For that purpose, the Agency should assist Member States by ~~develop~~proposing operational standards and indicators for monitoring compliance with those standards. The Agency should also develop guidelines on asylum-related matters and should enable the exchange of best practices among Member States.

Amendment 63 #

Proposal for a regulation
Recital 14

(14) The European Union Agency for Asylum, in close cooperation with the Commission and without prejudice to the Commission's responsibility as guardian of the Treaties, should establish a mechanism to monitor and assess the implementation of the CEAS, the compliance by Member States with operational standards, guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of Member States. The monitoring and assessment should be comprehensive and should be based, in particular, on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling. The Agency should report its findings to the Management Board which in turn should adopt the report. The Executive Director should, after consultation with the Commission, make draft recommendations to the Member State concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations.deleted

Amendment 64 #

Proposal for a regulation
Recital 14

(14) The European Union Agency for Asylum, in close cooperation with the Commission and without prejudice to the Commission's responsibility as guardian of the Treaties, should establish a mechanism to monitor and assess the implementation of the CEAS, the compliance by Member States with operational standards, guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of Member States. The monitoring and assessment should be comprehensive and should be based, in particular, on information provided by Member States, international and non- governmental organisations at national or Union level and relevant United Nations (UN) human rights treaty monitoring bodies and Council of Europe human rights monitoring mechanisms, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling. The Agency should report its findings to the Management Board which in turn should adopt the report. The Executive Director should, after consultation with the Commission, make draft recommendations to the Member State concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations.

Amendment 65 #

Proposal for a regulation
Recital 14

(14) The European Union Agency for Asylum, in close cooperation with the Commission and without prejudice to the Commission's responsibility as guardian of the Treaties, should establish a mechanism to monitor and assess the implementation of the CEAS, the compliance by Member States with operational standards, guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of Member States. The monitoring and assessment should be comprehensive and should be based, in particular, on information provided, inter alia, by Member States, the European Agency for Fundamental Rights (FRA), and civil society organisations, as well as information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling. The Agency should report its findings to the Management Board which in turn should adopt the report. The Executive Director should, after consultation with the Commission, make draft recommendations to the Member State concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations.

Amendment 66 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 14

(14) The European Union Agency for Asylum, in close cooperation with the Commission and without prejudice to the Commission's responsibility as guardian of the Treaties, should establish a mechanism to monitor and assess the implementation of the CEAS, the compliance by Member States with operational standards, guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of Member States. The monitoring and assessment should be comprehensive and should be based, in particular, on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits ~~and~~, exchange with national authorities and experts, as well as case sampling. The Agency should report its findings to the Management Board which in turn should adopt the report. The Executive Director should, after consultation with the Commission, ~~make draft recommendations to the Member State~~provide the Member State with recommendations concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations.

Amendment 67 #

Proposal for a regulation
Recital 15

Amendment 68 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 15

(15) The recommendations should be followed up on the basis of an action plan prepared by the Member State concerned. The Commission should also identify the measures that should be taken by the Union and the Agency in support of that Member State. If, within the set period of time, the Member State concerned does not take the necessary measures to address the recommendations, and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission should, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlining the measures needed to remedy the serious shortcomings. The Commission may need to organise on-site visits to the Member State concerned to verify the implementation of the action plan. ~~Where necessary, the Commission should also identify the measures that should be taken by the Agency in support of that Member State.~~ If the Member State should remain non- compliant for a certain period of time, the Commission may take further action requiring the Union and the Agency to intervene in support of that Member State and continue insisting on the need of compliance.

Amendment 69 #

Proposal for a regulation
Recital 16

(16) To facilitate and improve the proper functioning of the CEAS and to assist Member States in implementing their obligations within the framework of CEAS, the European Union Agency for Asylum should provide Member States with operational and technical assistance, in particular when their asylum and receptions systems are subject to disproportionate pressure. The Agency should provide the necessary operational and technical assistance through the deployment of asylum support teams consisting of experts from the Agency's own staff, experts from Member States or experts seconded by Member States to the Agency, and based on an operational plan. Those teams should support Member States with operational and technical measures, including by providing expertise relating to identification and registration of third countries nationals, interpreting services, information on countries of origin and knowledge of the handling and management of asylum cases, as well as by assisting national authorities competent for the examination of applications for international protection and by assisting with relocation. The arrangements for the asylum support teams should be governed by this Regulation in order to ensure their effective deployment.deleted

Amendment 70 #

Proposal for a regulation
Recital 16

(16) To facilitate and improve the proper functioning of the CEAS and to assist Member States in implementing their obligations within the framework of CEAS, the European Union Agency for Asylum should provide Member States with operational and technical assistance, in particular when their asylum and receptions systems are subject to disproportionate pressure. The Agency should provide the necessary operational and technical assistance through the deployment of asylum support teams consisting of experts from the Agency's own staff, experts from Member States or experts seconded by Member States to the Agency, and based on an operational plan. Those teams should support Member States with operational and technical measures, including by providing expertise relating to identification and registration of third countries nationals, interpreting services, information on countries of origin and knowledge of the handling and management of asylum cases, as well as by assisting national authorities competent for the examination of applications for international protection and by assisting with relocation. Experts deployed in asylum support teams must have been trained in the EASO Training Curriculum prior to assuming their functions. EASO staff to be deployed in order to assist in the examination of the asylum applications must have had relevant experience as caseworkers in RSD procedures. The arrangements for the asylum support teams should be governed by this Regulation in order to ensure their effective deployment.

Amendment 71 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 16

(16) To facilitate and improve the proper functioning of the CEAS and to assist Member States in implementing their obligations within the framework of CEAS, the European Union Agency for Asylum should provide Member States with operational and technical assistance, in particular when their asylum and receptions systems are subject to disproportionate pressure. The Agency should provide the necessary operational and technical assistance through the deployment of asylum support teams consisting of experts from the Agency's own staff, experts from Member States or experts seconded by Member States to the Agency, and based on an operational plan. Members of the asylum support teams should have been trained by the Agency and have a relevant experience. Those teams should support Member States with operational and technical measures, including by providing expertise relating to identification and registration of third countries nationals, interpreting services, information on countries of origin and knowledge of the handling and management of asylum cases, as well as by assisting national authorities competent for the examination of applications for international protection and by assisting with relocation. The arrangements for the asylum support teams should be governed by this Regulation in order to ensure their effective deployment.

Amendment 72 #

Proposal for a regulation
Recital 17

(17) In cases where a Member State'’s asylum and reception systems are subject to disproportionate pressure that places exceptionally heavy and urgent demands on their asylum or reception systems, the European Union Agency for Asylum should assist that Member State upon request ~~or on the Agency's own initiative~~, by means of a comprehensive set of measures, including the deployment of experts from the asylum intervention pool. To ensure the availability of those experts and their immediate deployment, the asylum intervention pool should constitute a reserve of experts from Member States amounting to a minimum of 500 persons. The Agency should itself be able to intervene in support of a Member State where despite the disproportionate pressure, the Member State concerned does not request for sufficient assistance from the Agency or the Member State does not take sufficient action to address that pressure with the consequence that the asylum and reception systems would be ineffective to the extent of jeopardising the functioning of the CEAS. A disproportionate number of applications for international protection for which a Member States is responsible may be an indication of disproportionate pressure.

Amendment 73 #

Proposal for a regulation
Recital 17

(17) In cases where a Member State's asylum and reception systems are subject to disproportionate pressure that places exceptionally heavy and urgent demands on their asylum or reception systems, the European Union Agency for Asylum should assist that Member State upon request or on the Agency's own initiative, by means of a comprehensive set of measures, including the deployment of experts from the asylum intervention pool. To ensure the availability of those experts and their immediate deployment, the asylum intervention pool should constitute a reserve of experts from Member States amounting to a minimum of 500 persons. The Agency should itself be able to intervene in support of a Member State where despite the disproportionate pressure, the Member State concerned does not request for sufficient assistance from the Agency or the Member State does not take sufficient action to address that pressure with the consequence that the asylum and reception systems would be ineffective to the extent of jeopardising the functioning of the CEAS. A disproportionate number of applications for international protection for which a Member States is responsible may be an indication of disproportionate pressure.

Amendment 74 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 17

(17) In cases where a Member State's asylum and reception systems are subject to disproportionate pressure that places exceptionally heavy and urgent demands on their asylum or reception systems, the European Union Agency for Asylum should assist that Member State upon request or on the Agency's own initiative, by means of a comprehensive set of measures, including the deployment of experts from the asylum intervention pool. To ensure the availability of those experts and their immediate deployment, the asylum intervention pool should constitute a reserve of experts from Member States amounting to a minimum of 500 persons. If necessary, the Agency should be able to recruit personnel in order to be able to provide the required support to Member States. The Agency should itself be able to intervene in support of a Member State where despite the disproportionate pressure, the Member State concerned does not request for sufficient assistance from the Agency or the Member State does not take sufficient action to address that pressure with the consequence that the asylum and reception systems would be ineffective to the extent of jeopardising the functioning of the CEAS. A disproportionate number of applications for international protection for which a Member States is responsible may be an indication of disproportionate pressure.

Amendment 75 #

Proposal for a regulation
Recital 18

Amendment 76 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 19

(19) ~~For Member States that are faced with specific and disproportionate pressure on~~As a matter of national sovereignty, it is for Member States to determine their asylum and reception systems due, in particular, to their geographical or demographic situation, the European Union Agency for Asylum should support the development of solidarity within the Union and assist in the better relocation of beneficiaries of international protection among Member States, while ensuring that asylum and reception systems are not abusedin operation within their respective territories.

Amendment 77 #

Proposal for a regulation
Recital 19

(19) For Member States that are faced with specific and disproportionate pressure on their asylum and reception systems due, in particular, to their geographical or demographic situation, particularly for Italy and Greece, the European Union Agency for Asylum should support the development of solidarity ~~within~~between the countries of the Union and assist in the better relocation of beneficiaries of international protection among Member States, while ensuring that asylum and reception systems are not abused. With a view to managing and preventing further collapses of the system, the European Union Agency for Asylum should draw a clear distinction between the status of economic migrant and the status of beneficiary of international protection, and should be clear in making its selection.

Amendment 78 #

Proposal for a regulation
Recital 19

(19) For Member States that are faced with specific and disproportionate pressure on their asylum and reception systems due, in particular, to their geographical or demographic situation, the European Union Agency for Asylum should support the development of solidarity within the Union and assist in the better relocation of beneficiaries of international protection among Member States, while ensuring that asylum and reception systems are not abused and supporting Member States' affected in their efforts to prevent abuse through illegal migration.

Amendment 79 #

Proposal for a regulation
Recital 19

(19) For Member States that are faced with specific and disproportionate pressure on their asylum and reception systems due, in particular, to their geographical, economic or demographic situation, the European Union Agency for Asylum should support the development of solidarity within the Union and fair share of responsibility, assisting in the better relocation of applicants or beneficiaries of international protection among Member States, while ensuring that asylum and reception systems are not abused.

Amendment 80 #

Proposal for a regulation
Recital 19

(19) For Member States that are faced with specific and disproportionate pressure on their asylum and reception systems due, in particular, to their geographical or demographic situation, the European Union Agency for Asylum should support the development of solidarity within the Union and assist in the ~~better~~fastest possible relocation of beneficiaries of and applicants for international protection among Member States, while ensuring that asylum and reception systems are not abused.

Amendment 81 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 20

(20) At particular areas of the external borders where Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on increased operational and technical reinforcement by migration management support teams composed of teams of experts from Member States deployed through the European Union Agency for Asylum, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union and Europol or other relevant Union agencies, as well as experts from the staff of the European Union Agency for Asylum and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. The Agency should ensure coordination of its activities in the migration management support teams with the Commission and the other relevant Union agencies.deleted

Amendment 82 #

Proposal for a regulation
Recital 20

(20) ~~At particular areas of the external borders where Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as~~In hotspot areas, the Member States should be able to rely on increased operational and technical reinforcement by migration management support teams composed of teams of experts from Member States deployed through the European Union Agency for Asylum, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union and Europol or other relevant Union agencies, as well as experts from the staff of the European Union Agency for Asylum and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. The Agency should ensure coordination of its activities in the migration management support teams with the Commission and the other relevant Union agencies.

Amendment 83 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 20

(20) At particular areas of the external borders where Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on increased operational and technical reinforcement by migration management support teams composed of teams of experts from Member States deployed through the European Union Agency for Asylum, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union and Europol or other relevant Union agencies, as well as experts from the staff of the European Union Agency for Asylum and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. The Agency should ensure coordination of its activities in the migration management support teams with the ~~Commiss~~Member States in question and the other relevant Union agencies.

Amendment 84 #

Proposal for a regulation
Recital 21

(21) For the purpose of fulfilling its mission, and to the extent required for the accomplishment of its tasks, the European Union Agency for Asylum should cooperate with Union bodies, agencies and offices, in particular with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union and the European Union Agency for Fundamental Rights, in matters covered by this Regulation in the framework of working arrangements concluded in accordance with Union law and policy. Those working arrangements should receive the Commission's prior approval.deleted

Amendment 85 #

Proposal for a regulation
Recital 21

(21) For the purpose of fulfilling its mission, and to the extent required for the accomplishment of its tasks, the European Union Agency for Asylum should cooperate with national authorities, Union bodies, agencies and offices, in particular with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union and the European Union Agency for Fundamental Rights, in matters covered by this Regulation in the framework of working arrangements concluded in accordance with Union law and policy. Those working arrangements should receive the Commission's prior approval.

Amendment 86 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 21

(21) For the purpose of fulfilling its mission, and to the extent required for the accomplishment of its tasks, the European Union Agency for Asylum should cooperate with Union bodies, agencies and offices, in particular with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the European Migration Liaison Officers and the field offices proposed under the Migration Partnership Framework and the European Union Agency for Fundamental Rights, in matters covered by this Regulation in the framework of working arrangements concluded in accordance with Union law and policy and international law. Those working arrangements should receive the Commission's prior approval.

Amendment 87 #

Proposal for a regulation
Recital 22

(22) The European Union Agency for Asylum ~~should~~must cooperate with the European Migration Network, established by Council Decision 2008/381/EC10, to ~~ensure synergies and~~ avoid duplication of activities. __________________ 10 Decision of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).

Amendment 88 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 23

(23) The European Union Agency for Asylum ~~should~~must cooperate with international organisations, in particular the United Nations High Commissioner for Refugees (UNHCR) in matters covered by this Regulation in the framework of working arrangements so as to benefit from their expertise and support. To that end, the roles of UNHCR and the other relevant international organisations should be fully recognised and those organisations should be involved in the work of the Agency. The working arrangements should receive the Commission's prior approval.

Amendment 89 #

Proposal for a regulation
Recital 23

(23) The European Union Agency for Asylum should cooperate with international organisations, in particular the United Nations High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM) in matters covered by this Regulation in the framework of working arrangements so as to benefit from their expertise and support. To that end, the roles of UNHCR and the other relevant international organisations should be fully recognised and those organisations should be involved in the work of the Agency. The working arrangements should receive the Commission's prior approval and the European Parliament should be kept duly informed.

Amendment 90 #

Jean-Luc SCHAFFHAUSER, Edouard FERRAND, Marcel de GRAAFF, Laurenţiu REBEGA

Proposal for a regulation
Recital 23

(23) The European Union Agency for Asylum should cooperate with national and international organisations, in particular the United Nations High Commissioner for Refugees (UNHCR) in matters covered by this Regulation in the framework of working arrangements so as to benefit from their expertise and support. To that end, the roles of UNHCR and the other relevant international organisations should be fully recognised and those organisations should be involved in the work of the Agency. The working arrangements should receive the Commission's prior approval.

Amendment 91 #

Proposal for a regulation
Recital 24

(24) The European Union Agency for Asylum should facilitate operational cooperation between Member States in matters covered by this Regulation. It should also cooperate with authorities of third-countries in the framework of working arrangements which should receive the Commission's prior approval. The Agency should act in accordance with the Union's external relations policy and under no circumstances should it formulate any independent external policy. In their cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.deleted

Amendment 92 #

Proposal for a regulation
Recital 24

(24) The European Union Agency for Asylum should facilitate operational cooperation between Member States in matters covered by this Regulation. ~~It should~~Under conditions, including those principles set out in the EU's foreign policy, including, but not limited to, human rights, democracy and the rule of law, it can also cooperate with authorities of third- countries in the framework of working arrangements which should receive the Commission's ~~prior approval~~and the EEAS' prior approval. The relevant bodies of the European Parliament will be informed prior to the concluding of such arrangements. The Agency should act in accordance with the Union's external relations policy and under no circumstances should it formulate any independent external policy. In their cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation and international (humanitarian) law also when the cooperation with third countries takes place on the territory of those countries.

Amendment 93 #

Proposal for a regulation
Recital 24

(24) The European Union Agency for Asylum should facilitate operational cooperation between Member States in matters covered by this Regulation. It should also cooperate with authorities of third-countries in the framework of working arrangements which should receive the Commission's prior approval. The Agency should act in accordance with the Union's external relations policy and under no circumstances should it formulate any independent external policy. In their cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries. The European Parliament should be timely informed and be able to ask the Commission and the Agency to report on the state of cooperation with any particular third-country.

Amendment 94 #

Proposal for a regulation
Recital 24

(24) The European Union Agency for Asylum should facilitate operational cooperation between Member States in matters covered by this Regulation. It should also cooperate with authorities of third-countries on issues relating to asylum, protection and resettlement in the framework of working arrangements which should receive the Commission's prior approval. The Agency should act in accordance with the Union's external relations policy and under no circumstances should it formulate any independent external policy. In their cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.

Amendment 95 #

Proposal for a regulation
Recital 24

Amendment 96 #

Proposal for a regulation
Recital 24

(24) The European Union Agency for Asylum should facilitate operational cooperation between Member States in matters covered by this Regulation. It should also cooperate with authorities and regional actors of third-countries in the framework of working arrangements which should receive the Commission's prior approval. The Agency should act in accordance with the Union's external relations policy and under no circumstances should it formulate any independent external policy. In their cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.

Amendment 97 #

Proposal for a regulation
Recital 25

(25) The European Union Agency for Asylum should maintain a close dialogue with civil society with a view to exchanging information and pooling knowledge in the field of asylum. The Agency should set up a Consultative Forum which should constitute a mechanism for the exchange of information and the sharing of knowledge. The Consultative Forum should assist the Executive DirectorIn any cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation, as well as with the EU Charter of Fundamental Rights, also when cooperation with third countries takes place on the territory of those countries. Such cooperation should be strictly limited to the promotion of Union standards on asylum, assisting third countries as regards expertise and capacity building for their own asylum and reception systems, implementing regional development and protection programmes and the Mexchanage~~ment Board in mat~~ of information on resettlement between Member Staters ~~covered by this Regulation~~and a third country, while ensuring confidentiality of information relating to individual resettlement cases.

Amendment 98 #

Proposal for a regulation
Recital 26

(26) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and the 1951 Geneva Convention. All activities of the European Union Agency for Asylum shall be carried out in full respect of these fundamental rights and principles, including the right to asylum, the protection from refoulement, the right to respect for private and family life, the right to protection of personal data and the right to an effective remedy. The rights of the child and the special needs of vulnerable persons, in particular women and LGBTI people shall always being taken into account.

Amendment 99 #

Hilde VAUTMANS

Proposal for a regulation
Recital 26

(26) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. All activities of the European Union Agency for Asylum shall be carried out in full respect of these fundamental rights and principles, including the right to asylum, the protection from refoulement, the right to respect for private and family life, the right to protection of personal data and the right to an effective remedy. The rights of the child, the constant follow up on unaccompanied minors and the special needs of vulnerable persons shall ~~always being taken into account~~be a priority.

source: 592.422

2018/11/22 LIBE 71 amendments...

Amendment 1 #

(1) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In this respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows, notably through rapid processing to ensure access to protection of those in need, with swift returns for those who are not, including through controlled centres. Therefore, the Union should be able to provide the Member States concerned with full financial and operational support through the relevant Union Agencies including the European Union Agency for Asylum.deleted

Amendment 10 #

(1) Another objective of this Regulation is to ensure that Member States, at their request and according to their needs, can benefit from increased support of the Agency including its involvement in the procedure for international protection and in the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation] for them to process applications for international protection swiftly and in a timely manner allowing for the efficient and orderly functioning of the asylum and reception systems and to reinforce the elements of cooperation between the European Union Agency for Asylum and the European Border and Coast Guard.deleted

Amendment 11 #

(2) Since that objective cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. 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.deleted

Amendment 12 #

(a) at the request of the Member State ~~concerned~~ to the Agency with regard to the implementation of its obligations under the CEAS;

Amendment 13 #

~~(b) at the request of the Member State concerned to the Agency in accordance with Article 16a;~~deleted

Amendment 14 #

(c) at the request of the Member State ~~concerned~~ to the Agency where its asylum or reception systems are subject to disproportionate pressure;

Amendment 15 #

(d) at the request of the Member State ~~concerned to the Agency~~facing disproportionate migratory challenges and requesting operational and technical reinforcement through the deployment of migration management support teams in accordance with Article 21;

Amendment 16 #

2. The Agency shall organise and coordinate the appropriate operational and technical assistance which may entail taking one or more of the following operational and technical measures in full respect ofor fundamental rights:

Amendment 17 #

(a) ~~identify and register third-country nationals, take their biometric data and inform them of those procedure~~assist Member States with the identification and registration of third- country nationals, as appropriate, in close cooperation with other Union Agencies;

Amendment 18 #

(b) assist ~~with and carry out the registration of~~Member States with receiving and registering applications for international protection;

Amendment 19 #

~~(c) provide initial information to third-country nationals who wish to make an application for international protection and refer them to the competent national authorities;~~deleted

Amendment 2 #

(2) In this respect, at the request of a Member State, it should be possible for the Agency to provide an even more reinforced operational and technical assistance by carrying out the entire procedure for international protection or parts of that procedure at the administrative stage and assist with the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation], without prejudice to the competence of Member States to take decisions on individual applications.deleted

Amendment 20 #

(d) ~~assist with~~facilitate the examination of applications for international protection that are under examination by the competent national authorities or provide them with other necessary assistance in the procedure for international protection~~, in particular by~~;

Amendment 21 #

~~(i) assisting with or carrying out the admissibility interview and the substantive interview, as applicable, and the interview for determining the Member State responsible;~~deleted

Amendment 22 #

~~(ii) registering the application for international protection in the automated system referred to in Regulation (EU) No XXX/XXX [Dublin Regulation];~~deleted

Amendment 23 #

~~(iii) assisting with the provision of information to applicants on the procedure for international protection and with regard to reception conditions as appropriate;~~deleted

Amendment 24 #

~~(iv) assisting with the provision of information on allocation and providing the necessary assistance to applicants that could be subject to allocation;~~deleted

Amendment 25 #

(e) facilitate joint initiatives byof Member States in the processing of applications for international protection;

Amendment 26 #

(ea) assist with the provision of information on the international protection procedure;

Amendment 27 #

(g) assist with ~~the tasks and obligations set out in Regulation (EU) No XXX/XXX [the Dublin Regulation], including by~~, carry~~ing~~ out or coordinat~~ing~~e the alrelocation or transfer of ~~applicants or~~ beneficiaries of and applicants for international protection within the Union;

Amendment 28 #

~~(h) assist with the procedures applicable under Regulation (EU) No XXX/XXX [Dublin Regulation];~~deleted

Amendment 29 #

(l) assist with or support the coordination between relevant national authorities to follow-up on the procedure for international protection with possible return procedures in case of a negative final decision;deleted

Amendment 3 #

(3) The Agency’s involvement in the procedure for international protection and in the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation] would ensure that Member States receive all the required support to process applications for international protection swiftly and in a timely manner allowing for the efficient and orderly functioning of the asylum and reception systems. For that purpose, the Agency should also be able to assist national competent authorities at the administrative stage of the procedure with preparing decisions on applications for international protection. Those national competent authorities should be able to take into account the draft decisions prepared by the Agency without prejudice to their competence to take decisions on individual applications.deleted

Amendment 30 #

~~(m) prepare decisions on applications for international protection without prejudice to the competence of the national competent authority to take decisions on individual applications;~~deleted

Amendment 31 #

~~(n) assist with handling appeals by, among others, performing legal research, analysis and other legal support;~~deleted

Amendment 32 #

(o) form part of the migration management support teams ~~referred to in Article 21,~~at hotspot areas referred to in Regulation (EU) No 2016/1624 in close cooperation with other relevant Union Agencies;

Amendment 33 #

(q) ~~advise where appropriate, and deploy the adequate infrastructure and~~deploy technical equipment ~~necessary~~ for the asylum support teams ~~and to assist the competent national authorities, including the judiciary~~, as appropriate.

Amendment 34 #

~~Enhanced assistence with the procedure for international protection and the Dublin procedure~~deleted

Amendment 35 #

1. A Member State may request the Agency to provide it with enhanced assistance to assist it with the implementation of its policy on asylum including of its obligations under the CEAS. For that purpose, the Agency shall deploy asylum support teams, including from the asylum reserve pool as appropriate, to:deleted

Amendment 36 #

(a) carry out the entire procedure or parts of the procedure for international protection at the administrative stage in accordance with Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], without prejudice to the competence of Member States to take decisions on individual applications and/or;deleted

Amendment 37 #

~~(b) assist with the swift implementation of or carry out procedures applicable under Regulation (EU) No XXX/XXX [Dublin Regulation], and/or;~~deleted

Amendment 38 #

~~(c) assist with the handling of appeals regarding the procedures referred to in points (a) and (b).~~deleted

Amendment 39 #

~~For the purposes of point (a) of paragraph 1, the experts from the asylum support teams shall, as appropria~~delete:d

Amendment 4 #

(4) The Agency and the European Border and Coast Guard Agency should cooperate closely in order to address effectively the migratory challenges, in particular at external borders characterised by often large inward mixed migratory flows. In particular, both Agencies should coordinate their activities and support Member States to facilitate the procedure for international protection and the return procedure with regard to third country nationals whose applications for international protection have been rejected or who are otherwise illegally present in the Member States. The Agency and the European Border and Coast Guard Agency should also closely cooperate in other common operational activities such as shared risk analysis, collection of statistical data, training and support to Member States on contingency planning.deleted

Amendment 40 #

~~(a) provide information to applicants on the procedure for international protection and with regard to reception conditions, as applicable;~~deleted

Amendment 41 #

~~(b) register applications for international protection;~~deleted

Amendment 42 #

~~(c) take biometric data and transmit that data in accordance with Article 10 of Regulation (EU) No XXX/XXX [Eurodac Regulation];~~deleted

Amendment 43 #

~~(d) assist applicants with lodging their application for international protection;~~deleted

Amendment 44 #

~~(e) identify and assess any needs for special procedural guarantees or any special reception needs;~~deleted

Amendment 45 #

~~(f) carry out the admissibility interview and the substantive interview, as applicable;~~deleted

Amendment 46 #

~~(g) assess the evidence related to applications for international protection;~~deleted

Amendment 47 #

(h) prepare decisions on applications for international protection and provide those decisions to the competent national authorities, who would be responsible for taking decisions on individual applications in accordance with the basic principles and guarantees provided for in Regulation No (EU) XXX/XXX [Asylum Procedure Regulation];deleted

Amendment 48 #

(i) assist with or support the coordination between relevant national authorities to follow-up on the procedure for international protection with possible return procedures in case of a negative final decision;deleted

Amendment 49 #

~~paragraph 1, the experts from the asylum support teams shall, as appropria~~For the purposes of point (b) of delete:d

Amendment 5 #

(5) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of teams of experts from Member States deployed by the Agency, the European Border and Coast Guard Agency and Europol or other relevant Union agencies, as well as experts from the staff of the Agency and the European Border and Coast Guard Agency. The Commission should ensure the necessary coordination in the assessment of needs and of the operations on the ground notably in view of the involvement of several Union agencies and possibly other stakeholders.deleted

Amendment 50 #

~~(a) register the application for international protection in the automated system referred to in Regulation (EU) No XXX/XXX [Dublin Regulation]~~deleted

Amendment 51 #

~~(b) provide information to the applicants on the procedures applicable under Regulation (EU) No XXX/XXX [Dublin Regulation];~~deleted

Amendment 52 #

~~(c) carry out family tracing and matching with the Member State responsible for examining the application for international protection;~~deleted

Amendment 53 #

~~(d) carry out family tracing and matching with the Member State responsible for examining the application for international protection~~deleted

Amendment 54 #

~~(e) determine which applicants are eligible for allocation or transfer;~~deleted

Amendment 55 #

~~(f) assist with, carry out or coordinate the allocation or transfer of applicants for international protection or beneficiaries of international protection;~~deleted

Amendment 56 #

~~(g) assist with or carry out the procedure for determining which Member State is responsible for examining an application for international protection;~~deleted

Amendment 57 #

~~(h) assist with or carry out take charge procedures and take back notifications in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].~~deleted

Amendment 58 #

4. For the purposes of point (c) of paragraph 1, the experts from the asylum support teams shall, as appropriate, assist the courts or tribunals upon their request and with full respect of judicial independence and impartiality with handling appeals by, among others, performing legal research, analysis and other legal support.deleted

Amendment 59 #

~~5. The Agency shall ensure the provision of translation of relevant documents as well as the necessary interpretation.~~deleted

Amendment 6 #

(6) In this regard, the Agency should be able to deploy the adequate infrastructure and technical equipment necessary for the asylum support teams and to assist the competent national authorities, including the judiciary.deleted

Amendment 60 #

1. ~~Migration management support teams may be deployed at the request of a Member State, or upon the initiative of the Agency and~~Where a Member State requests operational and technical reinforcement by migration management support teams as referred to in Article 18 of Regulation (EU) No 2016/1624 or where migration management support teams are deployed at hotspot areas based on Article 19 of Regulation (EU) No 2016/1624, the Executive Director shall work closely with the European Border and Coast Guard Agency when, as provided for in Article 18(2) of Regulation 2016/1624, in coordination with othe ~~agreement of the Member State concerned, to provide technical and operational reinforcement to that~~r relevant Union agencies, he or she assesses a Member State’s request for reinforcement and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union agencies to be agreed upon by the Member State concerned.

Amendment 61 #

2. ~~Migration management support teams shall be composed of asylum support~~The Commission shall, in cooperation with the host Member State and the relevant Union agencies, establish the tearms, of cooperation~~al staff from the European Border and Coast Guard standing corps, as well as experts from Europol or other relevant Union agencie~~ at the hotspot area and be responsible for the coordination of the activities of the migration management support teams.

Amendment 62 #

3. The Member State referred to in paragraph 1 shall submit a request for reinforcement by the migration management support teams and an assessment of its needs to the Commission. The Commission shall, based on the assessment of needs of that Member State, transmit the request to the Agency, to the European Border and Coast Guard Agency, to Europol and to other relevant Union agencies, as appropriate and it shall ensure the overall coordination of that assessment.Executive Director shall in the cases referred to in paragraph 1 of this Article, launch the procedure for deployment of asylum support teams as part of migration management support teams, including experts from the asylum reserve pool as appropriate. The operational and technical reinforcement provided by the asylum support teams in the framework of the migration management support teams may include:

Amendment 63 #

(a) assistance in screening of third- country nationals, including their identification, registration, and where requested by the host Member State, their fingerprinting and provision of information of the purpose of those procedures;

Amendment 64 #

(b) the provision of initial information to third-country nationals who wish to make an application for international protection and their referral to the competent national authorities of the Member States;

Amendment 65 #

(c) the provision of information to applicants on the procedure for international protection and with regard to reception conditions as appropriate, relocation and the provision of necessary assistance to applicants or potential applicants that could be subject to relocation;

Amendment 66 #

(d) the registration of applications for international protection and, where requested by the host Member State, the facilitation of the examination of such applications.

Amendment 67 #

4. The relevant Union agencies shall, under the coordination of the Commission, assess a Member State's request for reinforcement and needs so as to define the necessary measures, including the deployment of technical equipment, to be agreed upon by the Member State concerned.deleted

Amendment 68 #

5. The Commission shall, in cooperation with the host Member State and the relevant Union agencies, establish the terms of cooperation for the deployment of the migration management support teams as well as the deployment of technical equipment, and be responsible for the coordination of the activities of those teams.deleted

Amendment 69 #

~~6. The asylum support teams deployed by the Agency in the framework of the migration management support teams may carry out the tasks referred to in Article 16(2) and 16a.~~deleted

Amendment 7 #

(7) In hotspot areas or controlled centers, the Member States should cooperate with relevant Union agencies, which should act within their respective mandates and powers, and under the coordination of the Commission.deleted

Amendment 70 #

7. Migration management support teams shall, where necessary, include staff with expertise in child protection, trafficking in human beings, fundamental rights, gender equality and protection against gender-based violence.”deleted

Amendment 71 #

2. The Deputy Executive Director shall be appointed by the Management Board ~~from a list of candidates proposed by the Commission, following an open and transparent selection procedure~~on a proposal of the Executive Director. The Deputy Executive Director shall be appointed on the grounds of merit and appropriate administrative and management skills, including relevant professional experience in the field of ~~migration and~~ asylum. The Executive Director ~~Commission~~ shall propose at least three candidates for the post of the Deputy Executive Director. The Management Board shall have the power to extend the term of office or to remove the Deputy Executive Director from office acting on the proposal from the Executive Director. The provisions of Article 45 (1), (4), (~~5), (7), (8~~7) and (9) shall apply to the Deputy Executive Director.

Amendment 8 #

(8) In these cases, the Union agencies should, at the request of the Member State and under the coordination of the Commission, act in support of the host Member State to apply rapid procedures for international protection and/or return. It should be possible to distinguish quickly between third-country nationals in need of international protection and those who are not in need of such protection, to carry out security checks and to carry out the entire or part of the procedure for international protection and/or return.deleted

Amendment 9 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(9) It should be possible for Member States to request the assistance of the Agency not only to reinforce their national administrations but also to assist the courts and tribunals dealing with asylum cases, without prejudice to judicial independence and with full respect for the organisation of the judiciary in each Member State. For that purpose, when defining the profiles of the experts, the Agency should foresee profiles for experts who are independent of the national administrative authorities and who are able to assist the courts or tribunals upon their request to perform, among others, legal research, analysis and other legal support.deleted

source: 592.076

2018/12/03 LIBE 27 amendments...

Amendment 72 #

(1) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In this respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows, ~~notably~~including through rapid processing to ensure access to protection of those in need, with swift returns for those who are not in need of protection, including through controlled centres established in the territory of all Member States and only on a voluntary basis. These centres should not be closed centres and should fully respect the EU asylum legislation and migrants’ fundamental rights. Therefore, the Union should be able to provide the Member States concerned with full financial and operational support through the relevant Union Agencies including the European Union Agency for Asylum.

Amendment 73 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(2) In this respect, ~~at t~~whe re~~quest of~~ a Member State~~, it should be possible for~~ requests the support of the Agency, t~~o provide an even more reinforced operational and technical assistance by~~he latter should be able to provide an enhanced operational and technical assistance including by assisting Member States’ competent authorities in carrying out the ~~entire~~ procedure for international protection or parts of that procedure at the administrative stage ands well as provide assistance with the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation], without prejudice to the competence of Member States to take decisions on individual applications.

Amendment 74 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(3) The Agency’s involvement in the procedure for international protection and in the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation] would ensure that Member States receive all the required support to process applications for international protection swiftly and in a timely manner allowing for the efficient and orderly functioning of the asylum and reception systems. For that purpose, the Agency should also be able to assist national competent authorities at the administrative stage of the procedure with preparing decisions on applications for international protection. Those national competent authorities should be able to take into account the draft decisions prepared by the Agency, without prejudice to their competence to take decisions on individual applications.

Amendment 75 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(4) The Agency and the European Border and Coast Guard Agency should cooperate closely ~~in order to address effectively the migratory challenges, in particular at external borders characterised by often large inward mixed~~within their respective mandates and powers in order to address effectively the migratory ~~flow~~challenges. In particular, both Agencies should coordinate their activities and support requesting Member States to facilitate the procedure for international protection and the return procedure with regard to third country nationals whose applications for international protection have been rejected or who are otherwise illegally present ~~in the Member States~~. The Agency and the European Border and Coast Guard Agency should also closely cooperate in other common operational activities such as shared risk analysis, collection of statistical data, training and support to Member States on contingency planning with their agreement.

Amendment 76 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(5) Member States should be able to rely on ~~increas~~enhanced operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of teams of experts from Member States deployed by the Agency, the European Border and Coast Guard Agency and Europol or other relevant Union agencies, as well as experts from the staff of the Agency and the European Border and Coast Guard Agency. The Commission should ensure the necessary coordination in the assessment of needs and of the operations on the ground notably in view of the involvement of several Union agencies and possibly other stakeholders.

Amendment 77 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(6) In this regard, the Agency should be able to deploy the adequate infrastructure and technical equipment necessary for the asylum support teams, in consultation with the Member States concerned and subject to its agreement and to assist the competent national authorities~~, including the judiciary~~.

Amendment 78 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(7) In hotspot areas or controlled centers, the Member States should cooperate with relevant Union agencies, which should act within their respective mandates and powers in close cooperation with the competent national authorities, and under the overall coordination of the Commission.

Amendment 79 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(8) In these cases, the Union agencies should, at the request of the Member State and under the coordination of the Commission, act in support of the host Member State to apply rapid procedures for international protection and/or return, fully respecting the fundamental rights of the applicants and the relevant EU asylum aquis and international obligations. It should be possible to distinguish quickly between third-country nationals in need of international protection and those who are not in need of such protection, to carry out security checks and to ~~carry out the entire or~~support Member States in carrying out part of the procedure for international protection and/or return.

Amendment 80 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

Amendment 81 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(1) Another objective of this Regulation is to ensure that Member States, at their request and according to their needs, can benefit from ~~increas~~enhanced support of the Agency including its involvement in the procedure for international protection and in the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation] for them to process applications for international protection swiftly and in a timely manner ~~allowing for the efficient and orderly functioning of the asylum and reception systems~~ and to reinforce the elements of cooperation between the European Union Agency for Asylum and the European Border and Coast Guard.

Amendment 82 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

~~(b) at the request of the Member State concerned to the Agency in accordance with Article 16a;~~deleted

Amendment 83 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

2. The Agency shall organise and coordinate, for a limited period of time, the appropriate operational and technical assistance which may entail taking one or more of the following operational and technical measures in accordance with the agreed operational plan and in full respect of fundamental rights:.

Amendment 84 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(a) ~~identify~~assist with the identification and registeration of third-country nationals, take their biometric data, in accordance with national law, and inform them of those procedures, as appropriate, in close cooperation with other Union Agencies;

Amendment 85 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(b) assist with ~~and carry out the registration of~~receiving and registering applications for international protection;

Amendment 86 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

~~(m) prepare decisions on applications for international protection without prejudice to the competence of the national competent authority to take decisions on individual applications;~~deleted

Amendment 87 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

~~(n) assist with handling appeals by, among others, performing legal research, analysis and other legal support;~~deleted

Amendment 88 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(p) deploy asylum support teams, upon the agreement of the Member State concerned;

Amendment 89 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(q) advise where appropriate, and deploy the adequate infrastructure and technical equipment necessary for the asylum support teams and to assist the competent national authorities, ~~including the judiciary~~upon the agreement of the Member State concerned.

Amendment 90 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

1. A Member State may request, for a limited period of time, the Agency to provide it with enhanced assistance ~~to assist it with~~in the implementation of its ~~policy on asylum including of its ob~~obligations under the CEAS and in accordance with the agreed operational plan. This shall be done without prejudice to the competence of Member States to take decisions on individual appligcations ~~under the CEAS~~for international protection. For that purpose, the Agency shall deploy asylum support teams, including from the asylum reserve pool as appropriate, to carry out one or more of the following activities:

Amendment 91 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

(a) carry out ~~the entire procedure or~~ parts of the procedure for international protection at the administrative stage in accordance with Regulation (EU) No XXX/XXX [Asylum Procedure Regulation]~~, without prejudice to the competence of Member States to take decisions on individual applications~~ and applicable national law and/or;

Amendment 92 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

~~(c) assist with the handling of appeals regarding the procedures referred to in points (a) and (b).~~deleted

Amendment 93 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

Amendment 94 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

Amendment 95 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

1. Migration management support teams may be deployed only at the request of athe concerned Member State, or upon the initiative of the Agency and with the agreement of the Member State concerned, to provide technical and operational reinforcement to that Member State.

Amendment 96 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

Amendment 97 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

Amendment 98 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA

6. The asylum support teams deployed by the Agency in the framework of the migration management support teams may carry out only the tasks referred to in Article 16(2) and 16a.

source: 630.740

2018/12/12 LIBE 71 amendments...

Amendment 1 #

Amendment 10 #

Amendment 11 #

Amendment 12 #

(a) at the request of the Member State ~~concerned~~ to the Agency with regard to the implementation of its obligations under the CEAS;

Amendment 13 #

~~(b) at the request of the Member State concerned to the Agency in accordance with Article 16a;~~deleted

Amendment 14 #

(c) at the request of the Member State ~~concerned~~ to the Agency where its asylum or reception systems are subject to disproportionate pressure;

Amendment 15 #

Amendment 16 #

Amendment 17 #

Amendment 18 #

(b) assist ~~with and carry out the registration of~~Member States with receiving and registering applications for international protection;

Amendment 19 #

~~(c) provide initial information to third-country nationals who wish to make an application for international protection and refer them to the competent national authorities;~~deleted

Amendment 2 #

Amendment 20 #

Amendment 21 #

~~(i) assisting with or carrying out the admissibility interview and the substantive interview, as applicable, and the interview for determining the Member State responsible;~~deleted

Amendment 22 #

~~(ii) registering the application for international protection in the automated system referred to in Regulation (EU) No XXX/XXX [Dublin Regulation];~~deleted

Amendment 23 #

~~(iii) assisting with the provision of information to applicants on the procedure for international protection and with regard to reception conditions as appropriate;~~deleted

Amendment 24 #

~~(iv) assisting with the provision of information on allocation and providing the necessary assistance to applicants that could be subject to allocation;~~deleted

Amendment 25 #

(e) facilitate joint initiatives byof Member States in the processing of applications for international protection;

Amendment 26 #

(ea) assist with the provision of information on the international protection procedure;

Amendment 27 #

Amendment 28 #

~~(h) assist with the procedures applicable under Regulation (EU) No XXX/XXX [Dublin Regulation];~~deleted

Amendment 29 #

Amendment 3 #

Amendment 30 #

~~(m) prepare decisions on applications for international protection without prejudice to the competence of the national competent authority to take decisions on individual applications;~~deleted

Amendment 31 #

~~(n) assist with handling appeals by, among others, performing legal research, analysis and other legal support;~~deleted

Amendment 32 #

Amendment 33 #

Amendment 34 #

~~Enhanced assistence with the procedure for international protection and the Dublin procedure~~deleted

Amendment 35 #

Amendment 36 #

Amendment 37 #

~~(b) assist with the swift implementation of or carry out procedures applicable under Regulation (EU) No XXX/XXX [Dublin Regulation], and/or;~~deleted

Amendment 38 #

~~(c) assist with the handling of appeals regarding the procedures referred to in points (a) and (b).~~deleted

Amendment 39 #

~~For the purposes of point (a) of paragraph 1, the experts from the asylum support teams shall, as appropria~~delete:d

Amendment 4 #

Amendment 40 #

~~(a) provide information to applicants on the procedure for international protection and with regard to reception conditions, as applicable;~~deleted

Amendment 41 #

~~(b) register applications for international protection;~~deleted

Amendment 42 #

~~(c) take biometric data and transmit that data in accordance with Article 10 of Regulation (EU) No XXX/XXX [Eurodac Regulation];~~deleted

Amendment 43 #

~~(d) assist applicants with lodging their application for international protection;~~deleted

Amendment 44 #

~~(e) identify and assess any needs for special procedural guarantees or any special reception needs;~~deleted

Amendment 45 #

~~(f) carry out the admissibility interview and the substantive interview, as applicable;~~deleted

Amendment 46 #

~~(g) assess the evidence related to applications for international protection;~~deleted

Amendment 47 #

Amendment 48 #

Amendment 49 #

~~For the purposes of point (b) of paragraph 1, the experts from the asylum support teams shall, as appropria~~delete:d

Amendment 5 #

Amendment 50 #

~~(a) register the application for international protection in the automated system referred to in Regulation (EU) No XXX/XXX [Dublin Regulation]~~deleted

Amendment 51 #

~~(b) provide information to the applicants on the procedures applicable under Regulation (EU) No XXX/XXX [Dublin Regulation];~~deleted

Amendment 52 #

~~(c) carry out the interview for determining the Member State responcible for the examination of an application for international protection;~~deleted

Amendment 53 #

~~(d) carry out family tracing and matching with the Member State responsible for examining the application for international protection~~deleted

Amendment 54 #

~~(e) determine which applicants are eligible for allocation or transfer;~~deleted

Amendment 55 #

~~(f) assist with, carry out or coordinate the allocation or transfer of applicants for international protection or beneficiaries of international protection;~~deleted

Amendment 56 #

~~(g) assist with or carry out the procedure for determining which Member State is responsible for examining an application for international protection;~~deleted

Amendment 57 #

~~(h) assist with or carry out take charge procedures and take back notifications in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].~~deleted

Amendment 58 #

Amendment 59 #

~~5. The Agency shall ensure the provision of translation of relevant documents as well as the necessary interpretation.~~deleted

Amendment 6 #

Amendment 60 #

Amendment 61 #

Amendment 62 #

Amendment 63 #

Amendment 64 #

Amendment 65 #

Amendment 66 #

(d) the registration of applications for international protection and, where requested by the host Member State, the facilitation of the examination of such applications.

Amendment 67 #

Amendment 68 #

Amendment 69 #

~~6. The asylum support teams deployed by the Agency in the framework of the migration management support teams may carry out the tasks referred to in Article 16(2) and 16a.~~deleted

Amendment 7 #

Amendment 70 #

Amendment 71 #

2. The Deputy Executive Director shall be appointed by the Management Board from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Deputy Executive Director shall be appointed on the grounds of merit and appropriate administrative and management skills, including relevant professional experience in the field of migration and asylum. The Executive Director Commission shall propose at least three candidates for the post of the Deputy Executive Director. The provisions of Article 45 (1), (4), (5), (7), (8) and (9) shall apply to the Deputy Executive Director. EXPLANATORY STATEMENT I. Introduction On 4 May 2016, the Commission submitted its proposal for a regulation on the European Union Agency for Asylum, which was repealing Regulation (EU) No 439/2010 establishing EASO. The speedy adoption of the concerned regulation has always been high on the agenda of the European Parliament, as the Agency would play a central role in contributing to ensure the efficient and uniform application of the Common European Asylum System (hereinafter ‘CEAS’) in Member States in full respect for fundamental rights. More particularly, it would facilitate and support the activities of Member States in the implementation Union law on asylum, including by enabling the convergence in the assessment of applications for international protection across the Union and by coordinating and strengthening practical cooperation and information exchange. Moreover, the Agency would improve the functioning of the CEAS, including through a monitoring mechanism and by providing operational and technical assistance to Member States, in particular where their asylum and reception systems are under disproportionate pressure. Hence, the LIBE Committee adopted a negotiating mandate very swiftly after the submission of the Commission proposal, on 8 December 2016, in view of the urgency of establishing a fully-fledged EU Asylum Agency. The negotiations between the European Parliament’s negotiating team and the Maltese Presidency started back in January 2017 and, as a result, the co-legislators reached a broad political agreement on the enacting terms of the text on 28 June 2017. Further work at technical level was carried out under the Estonian Presidency in order to align the recitals with the enacting terms as provisionally agreed. The text of all recitals was, during this technical exercise, updated and agreed at technical level. On 6 December 2017, Coreper took note of the agreement reached on the full text (recitals and enacting terms), excluding the text placed in square brackets referring to other CEAS files under negotiation, which was the only text pending before a possible final adoption. Despite the urgency in establishing a fully-fledged EU Asylum Agency as a key pillar of CEAS, subsequent presidencies showed no willingness to engage with the European Parliament to continue working on the proposal at technical level in order to explore the technical solutions to the different square-bracketed provisions, also in view of the progress of the other CEAS files. On 12 September 2018, the European Commission submitted a new proposal under the same procedure, which amended its proposal of 4 May 2016 (COM(2018) 633 final, hereinafter ‘the amended Commission proposal’), with a view to, as stated in the explanatory memorandum, reinforce the operational capacity of the EU Agency for Asylum–. The amended proposal was presented during the LIBE Committee meeting of 10 October where the overwhelming majority of our Committee evoked several problematic points relating to the time of submission, aim and content of the said Commission proposal. No precedent is known to the European Parliament, and for good reasons, of a Commission amended proposal being submitted under the same procedure number after the point where Parliament had already adopted its mandate. In order for the European Parliament to be able to formally react to the Commission proposal, the Parliament had to overcome considerable procedural difficulties and was forced to act on the limits of its own internal rules. As already stated, a provisional agreement was reached between the co-legislators in June 2017. Regardless of the fact that the text was reworked at technical level resulting in a consolidated text including recitals, and therefore a full text has been since a year now ready for adoption save the square brackets, the Commission re-opens parts of this provisional agreement with its proposal. The Rapporteur believes that the amended Commission proposal does not bring the co- legislators any closer to the adoption of the new EUAA Regulation under the current parliamentary term. Instead, it multiplies the links to currently pending proposals, thus making its adoption more dependent on the progress of other files, even outside the CEAS package. For the future EU Asylum Agency to become operational as soon as possible, the provisional agreement reached with the Maltese Presidency is the only solid basis. Further, preparatory technical work should urgently resume in order to re-examine the square brackets of the provisionally agreed consolidated text, in view of developments in the other CEAS files during the past year and with a view to a final adoption. In its explanatory memorandum, the Commission claims to have included the text of the provisional agreement, but, in fact, the proposed amendments go beyond and change the substance and the spirit of those provisions significantly. What is even more important, already by the Commission’s own words, and by the Rapporteur’s own assessment, the amended proposal is an incomplete proposal. Should the proposed changes be accepted and incorporated by the co-legislators, the Commission already foresees other parts of the provisional agreement to be re-opened, namely “the procedure for providing operational and technical assistance, the deployment of asylum support teams and the data protection provisions, as well as other related instruments”. In that light, the Rapporteur believes that the amended proposal risks to trigger the re-opening of the entire text and lead to the renegotiation of the full text of the provisional agreement. II. Detailed remarks on the amended Commission proposal Article 16 The Commission proposal substantially expands the scope of the operational and technical assistance through the deployment of migration management support teams while delinking the deployment of these teams from disproportionate migratory challenges. The proposal changes the spirit of the operational and technical assistance provided by the Agency. Major concerns regarding the new text are, among others, the involvement of the Asylum Agency in returns, especially in view of an enhanced Frontex mandate adopted in 2016. There is lack of clarity on what preparing decisions on applications for international protection, handling appeals or providing other legal support would entail in practical terms. Moreover, under this paragraph the Agency would also be able to assist the judiciary of the Member States under a very open-ended wording, which raises question marks. Article 16a This article, as proposed, would essentially reshape the mandate of the Agency compared to the provisional agreement. The procedure for launching this type of assistance and relevant deployment, in view of this provision’s links with other non-amended provisions, is very unclear and its goals are questionable. More importantly, it strengthens the link between this regulation and the currently pending proposals on Dublin and the Asylum Procedure Regulation, thus making its adoption more dependent on the progress of these files. In view of the Rapporteur, this contradicts the goal of and the urgency in establishing a fully-fledged Agency. Article 21 As expressed in the explanatory memorandum of the Commission, the aim of this amendment is to align the text with the Commission’s new proposal on the European Border and Coast Guard Agency, thereby linking the fate of the EU Asylum Agency to yet another pending proposal. According to Article 21 of the proposed text, migration management support teams could provide all operational and technical measures listed in Article 16 and 16a in contrast to the text of the provisional agreement. Likewise, the migration management support teams could also be deployed where Member States do not face disproportionate migratory challenges, which for the Rapporteur is not purely a technical issue, and reopens therefore the essence of what was provisionally agreed in June 2017. Article 47 The co-legislators agreed in June 2017 to deviate from the common approach on Union decentralised agencies in the appointment of the Deputy Executive Director and decided to follow the same approach taken during the negotiations on the European Border and Coast Guard Agency in 2016. III. Conclusion The above-mentioned reflections led the Rapporteur to the conclusion that the Commission proposal presents a major shift regarding the mandate and the functioning of the Agency. Given the necessity and urgency to establish this Agency, the Rapporteur is convinced that such a major policy shift could fatally jeopardise the future of this regulation. The text of the provisional agreement emerged as a result political choices made by the two co-legislators and as part of a political compromise, so the Rapporteur is astonished that the Commission is bringing this issue back on the table. In sum, the Rapporteur would reiterate his position that the provisional agreement reached with the Maltese Presidency is the only solid basis for the future EU Asylum Agency and that the work on the square brackets should commence as soon as possible. Therefore, the draft updated mandate contains, in form of amendments, the text of the provisional agreement on all the provisions touched by the amended Commission proposal. Vote on the text as modified - update to the original negotiating mandate (Final vote to be taken by roll–call (pursuant to Rules 208(3) and 180(2)) ALDE ECR GUE/NGL PPE S&D VERTS/ALE ENF Key to symbols: + : in favour - : against 0 : abstentionon a proposal of the Executive Director. The Deputy Executive Director shall be appointed on the grounds of merit and appropriate administrative and management skills, including relevant professional experience in the field of asylum. The Executive Director shall propose at least three candidates for the post of the Deputy Executive Director. The Management Board shall have the power to extend the term of office or to remove the Deputy Executive Director from office acting on the proposal from the Executive Director. The provisions of Article 45 (1), (4), (7) and (9) shall apply to the Deputy Executive Director. Or. en FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE 30 + Nathalie Griesbeck, Sophia in 't Veld, Angelika Mlinar, Maite Pagazaurtundúa Ruiz Jussi Halla-aho, Anthea McIntyre, Helga Stevens Martina Anderson, Cornelia Ernst, Barbara Spinelli Michał Boni, Monika Hohlmeier, Roberta Metsola, Csaba Sógor, Axel Voss Lucy Anderson, Monika Beňová, Caterina Chinnici, Dietmar Köster, Juan Fernando López Aguilar, Andrejs Mamikins, Claude Moraes, Péter Niedermüller, Ivari Padar, Birgit Sippel, Josef Weidenholzer Margrete Auken, Romeo Franz, Jean Lambert, Bodil Valero 2 - Giancarlo Scottà, Harald Vilimsky 0 0

Amendment 8 #

Amendment 9 #