Sittings · Document

Draft report (COM(2020)0610 – C9-0309/2020 – 2020/0279(COD)) 2021-12-09

Asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]

Committee on Civil Liberties, Justice and Home Affairs

AM_Com_LegReport

Amendment 166

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Draft legislative resolution

Paragraph 1

Draft legislative resolution

Amendment

1. Adopts its position at first reading hereinafter set out;

1. Rejects the Commission's proposal and refers the text back to the Commission;

Or. en

Amendment 167

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Draft legislative resolution

Paragraph 1

Draft legislative resolution

Amendment

1. Adopts its position at first reading hereinafter set out;

1. Rejects the Commission's proposal;

Or. en

Amendment 168

Damien Carême

Proposal for a regulation

Title 1

Text proposed by the Commission

Amendment

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] (Text with EEA relevance)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on allocating responsibility and exercising solidarity for asylum and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] (Text with EEA relevance)

Or. en

Amendment 169

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Title 1

Text proposed by the Commission

Amendment

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on asylum responsibility-sharing and solidarity and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] (Text with EEA relevance)

(This amendment applies throughout the whole text. Adopting it will necessitate corresponding changes throughout.)

Or. en

Amendment 170

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Title 1

Text proposed by the Commission

Amendment

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on asylum and migration and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] (Text with EEA relevance)

Or. en

Amendment 171

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Citation 1

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79(2)(a)(b) and (c) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79(2)(a)(b) and (c) thereof, and Article 80,

Or. en

Amendment 172

Nicola Procaccini

Proposal for a regulation

Citation 1

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79(2)(a)(b) and (c) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79,

Or. en

Amendment 173

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity between Member States, which is fair towards third-country nationals.

(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum and immigration, based on solidarity between Member States, which fully respects and guarantees the rights of third-country nationals as well as stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons.

Or. en

Amendment 174

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity and fair sharing of responsibility between Member States, which is fair towards third-country nationals.

Or. en

Amendment 175

Nicola Procaccini

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on sincere cooperation between Member States and on the prevention and deterrence of illegal immigration, including illegal departures and transit.

Or. en

Amendment 176

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for citizens of the Member States and support Member States to coordinate and cooperate to stop illegal immigration and protect the integrity of the external borders to ensure the safety of the citizens in the Member States and to protect the European way of life.

Or. en

Amendment 177

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and, with full respect to national competences, frame a common policy on asylum, immigration and the effective protection of the external borders of the Union, based on solidarity between Member States, which is fair towards third-country nationals.

Or. en

Amendment 178

Charlie Weimers

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The Union, in constituting an area of freedom, security and justice, should permit flexible use of internal border controls for persons and assist Member States asylum and migration management at the external borders of the Union, based on national responsibility and a joint interest to preserve the European Way of Life, which is under threat.

Or. en

Amendment 179

Annalisa Tardino

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The Union, in constituting an area of freedom, security and justice, should ensure, where possible, the absence of internal border controls for persons and frame a common policy on asylum, prevention on illegal immigration and rigorous management of the external borders of the Union, based on solidarity between Member States.

Or. en

Amendment 180

Nadine Morano

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The Union, in constituting an area of freedom, security and justice, should limit internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity between Member States, which is fair towards third-country nationals.

Or. fr

Amendment 181

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 182

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 183

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and in an integrated manner. The primary objective of the Union should be to prevent migratory flows. For this, the cornerstone of the policy should be the effective protection of external borders. This is a prerequisite for any workable and sustainable migration policy in the Union.

Or. en

Amendment 184

Damien Carême

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States, ensuring the fair sharing of responsibility and the full respect of the rights of asylum-seekers, refugees and migrants.

Or. en

Amendment 185

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) To this end, a comprehensive approach is required with the objective of securing the external border and abolishing pull-factors that incentivise migrants from third countries to come to Member States, recognising that the effectiveness of such an approach depends on clear and concise communication to the rest of the world that those that illegally enter the EU will automatically relinquish their right to asylum.

Or. en

Amendment 186

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

Or. en

Amendment 187

Pietro Bartolo, Sylvie Guillaume, Juan Fernando López Aguilar, Bettina Vollath, Javier Moreno Sánchez, Domènec Ruiz Devesa, Giuliano Pisapia, Elena Yoncheva, Thijs Reuten, Franco Roberti, Cyrus Engerer, Caterina Chinnici

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

Or. en

Amendment 188

Annalisa Tardino

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

Or. en

Amendment 189

Charlie Weimers

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to return illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.

(3) This Regulation should contribute to that comprehensive approach by enabling unilateral as well as joint actions of the Member States in the field of asylum and migration management policies. Member States should therefore take all necessary measures, inter alia, to provide for internal security of its citizens by restricting conditions for reception of those seeking a better life in Europe, to return illegally staying third-country nationals quicker and at a higher rate, to prevent illegal migration and unauthorised movements between Member States, and to provide support to other Member States in the form of voluntary contributions.

Or. en

Amendment 190

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) This Regulation should contribute to a proposal for cooperation between the Member States of the Union in the field of illegal migration control. Member States should therefore consider to take measures to return illegal third-country nationals, to prevent illegal migration and unauthorised movements between and to provide support to other Member States to combat illegal migration, asylum fraud and other connected criminal acts.

Or. en

Amendment 191

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) In the light of the disproportionate responsibility being put on first Member States of entry under Regulation (EU) 604/2013, it is necessary to design a new system in full respect of Article 78(1) TFEU based on a fair share of responsibility and solidarity between Member States for applications for international protection. This Regulation should contribute to that aim by setting out a common framework for the automatic distribution of applicants for international protection across the European Union, including after a Search and Rescue operation. Member States should take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, and to share responsibility across the European Union for the processing of applications for international protection.

Or. en

Amendment 192

Damien Carême

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum, by upholding and elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.

Or. en

Amendment 193

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, promoting safe and legal pathways, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.

Or. en

Amendment 194

Nadine Morano

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to ensure the effective return of illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.

Or. fr

Amendment 195

Annalisa Tardino

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Member States and of the Union in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take measures, inter alia, to prevent irregular migration and unauthorised movements between them, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to swiftly return illegally staying third-country nationals, to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach, and to provide access to international protection and adequate reception conditions only to those who are entitled.

Or. en

Amendment 196

Nicola Procaccini

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by reinforcing cooperation between Member States and partnership with third countries. Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to genuine refugees with the right to asylum, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to prevent and deter illegal immigration to the Union, to swiftly return illegally staying third-country nationals and to support the border management capacity of third countries of origin or transit to prevent illegal departures as their contribution to the comprehensive approach.

Or. en

Amendment 197

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to swiftly return illegally staying third-country nationals, to prevent illegal migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.

Or. en

Amendment 198

Damien Carême

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

deleted

Or. en

Amendment 199

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

deleted

Or. en

Amendment 200

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of applicants for international protection or of third-country nationals residing legally or those subject to a return decision, and the respect of their human rights in every Member States, the fair and efficient return of third-country nationals who do not fulfil the conditions for residence in the territory of the Member States, and the prevention of, and enhanced measures to combat, illegal migration, migrant smuggling and human trafficking.

Or. en

Amendment 201

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third-country nationals and the respect of their human rights in Member States and the prevention of irregular migration, migrant smuggling and trafficking, through the development of legal pathways. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons, as well as persons granted immediate protection.

Or. en

Amendment 202

Nicola Procaccini

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States, the swift return of those third-country nationals who do not fulfil the conditions for residence in the territory of Member States, and the prevention of, and enhanced measures to combat illegal migration, including illegal departures from third countries of origin and transit, migrant smuggling and trafficking in human beings.

Or. en

Amendment 203

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

(4) The framework should improve cooperation between the Member States on migration policy. The objective of migration policy should be to prevent and combat illegal migration and migrant smuggling.

Or. en

Amendment 204

Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Moritz Körner

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

Or. en

Amendment 205

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

(4) The objective of migration policy should be to ensure that illegal entry is not possible or rewarded, that pull-factors are minimized, and the prevention of illegal migration and migrant smuggling including by conducting communication campaigns in countries of origin and transit countries to stem migration flows in advance.

Or. en

Amendment 206

Jan-Christoph Oetjen, Sophia in 't Veld, Hilde Vautmans, Moritz Körner, Abir Al-Sahlani

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

Or. en

Amendment 207

Annalisa Tardino

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be primarily to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

Or. en

Amendment 208

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

(4) The common framework should bring together the Common European Asylum System and that of migration policy. The objective of migration policy should be principally to reduce and prevent migration flows by eliminating pull factors and by effectively protecting the external borders and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.

Or. en

Amendment 209

Charlie Weimers

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protection.

deleted

Or. en

Amendment 210

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 211

Damien Carême

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) The common framework is needed in recognition that the responsibility for arrivals of migrants and asylum seekers in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.

Or. en

Amendment 212

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

Or. en

Amendment 213

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) The common framework is needed in order to effectively prevent the increasing inflows and to address the phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of illegal arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively face this challenge in addition to applicants for international protection, migrants illegally crossing the borders should also fall within the scope of this Regulation.

Or. en

Amendment 214

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) A policy of non-interference with the right of Member States to protect their borders is needed. This will ensure an ability to effectively address the increasing levels of illegal mass-migration and hybrid warfare waged against the Member States. To ensure that Member States have the necessary tools to effectively manage this threat this Regulation shall ensure that the Commission and the European Parliament do not interfere with the sovereign rights of the Member States.

Or. en

Amendment 215

Charlie Weimers

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of illegal arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, illegal migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protection.

Or. en

Amendment 216

Nicola Procaccini

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons genuinely in need of international protection and those who are not and in recognition that the challenge of illegal arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, illegal migrants should also fall within the scope of this Regulation The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protection.

Or. en

Amendment 217

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) In order to reflect the whole of government approach and ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, there is a need for integrated policy-making in the field of asylum and migration management, including both its internal and external components, which is part of the comprehensive approach.

deleted

Or. en

Amendment 218

Damien Carême

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 219

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 220

Charlie Weimers

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 221

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

Or. en

Amendment 222

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) In order to reflect the whole of government approach and ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, there is a need for integrated policy-making in the field of asylum and migration, including both its internal and external components, which is part of the comprehensive approach.

Or. en

Amendment 223

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum and migration management policies and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.

(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum and migration management policies and should be able to adapt their resources to the variation of migratory flows. Member States should allocate adequate staff for their competent authorities, in terms of level, expertise, training and independence. They should also ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States, in particular thanks to common and secured communication channels as well as regular meetings.

Or. en

Amendment 224

Nicola Procaccini

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Member States should have sufficient human and financial resources and infrastructure, including physical barriers at their external borders, to effectively implement asylum, migration management and border protection policies and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.

Or. en

Amendment 225

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum policies and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.

Or. en

Amendment 226

Damien Carême

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

Or. en

Amendment 227

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum and migration policies and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.

Or. en

Amendment 228

Nicola Procaccini

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a) Physical barriers at the EU external borders should be adequately funded by the European Union since they serve the interests of not just Member States of first arrival but to the Union as a whole.

Or. en

Amendment 229

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) Taking a strategic approach, the Commission should adopt a European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies and on the national strategies of the Member States.

deleted

Or. en

Amendment 230

Annalisa Tardino

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 231

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 232

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The Commission should present every year a report on the implementation of EU asylum acquis. This report should be based on relevant reports and analyses produced by Union agencies, Member States, UNHCR, the Council of Europe and other international organisations as well as reports from Civil Society Organisations. This report should serve as a basis to carry out infringement procedures and ensure compliance with EU and international law.

Or. en

Amendment 233

Damien Carême

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The Commission should adopt a 5-year European Asylum Strategy on the implementation of asylum policies. The Strategy should be based on relevant reports and analyses produced by Union agencies and on the national strategies of the Member States, and should have as its objectives the continuous strengthening of access to asylum and the improvement of reception conditions in the EU.

Or. en

Amendment 234

Charlie Weimers

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) Taking a strategic approach, the Commission should adopt a European Asylum and Migration Mitigation Strategy complementing actions by Member States in the field of asylum and migration mitigation policies. The Strategy should be based on relevant reports and analyses produced by independent bodies and on the national strategies of the Member States.

Or. en

Amendment 235

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) Taking a strategic approach, the Commission should adopt a European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies, bodies and offices and on the national strategies of the Member States.

Or. en

Amendment 236

Nicola Procaccini

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) Taking a strategic approach, the Commission should adopt a long-term European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies and on the national strategies of the Member States.

Or. en

Amendment 237

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) National strategies of the Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarity and fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national level.

(9) National strategies to combat illegal migration and asylum fraud should include strict and practical measures to deter illegal migration and ensure that Europe can hit at the heart of the illegal migration industry. Furthermore, Member States shall be encouraged to ensure that any facilities for asylum claims are located in third countries, preferably in stable parts of the developing world so as to benefit both the applicants as well as the host nation that can benefit from providing this service to the asylum applicants.

Or. en

Amendment 238

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

Or. en

Amendment 239

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) Information provided by Member States should include information on contingency planning and on solidarity and fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national level.

Or. en

Amendment 240

Charlie Weimers

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) National strategies of the Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of voluntary contributions compatible with this Regulation and legal obligations stemming therefrom at national level.

Or. en

Amendment 241

Nicola Procaccini

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

Or. en

Amendment 242

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

(9a) The regulation sets out how the Commission may (1) provide support to the Member States, as warranted, thereby ensuring to stop illegal mass-migration, (2) curtail third-countries' ability to aggress against the Member States by weaponising third country nationals and labelling them migrants and refugees, (3) ensure to combat asylum fraud, (4) restore the sanctity of the concept of asylum, (5) resolutely support a Member State with regard to migratory movements and incursions, and (6) ensure not to interfere with the internal affairs of the Member States dealing with all threats and consequences linked to migration;

Or. en

Amendment 243

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) In order to ensure that an effective monitoring system is in place to ensure the application of the asylum acquis, the results of the monitoring undertaken by the European Union Asylum Agency and Frontex, of the evaluation carried out in accordance with Council Regulation No 1053/2013 as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation] should also be taken into account in these strategies.

deleted

Or. en

Amendment 244

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) In order to ensure that an effective monitoring system is in place to ensure the application of the asylum acquis, the results of the monitoring undertaken by the European Union Asylum Agency, and evaluations carried out by independent human rights bodies such as the Council of Europe, national ombudspersons, UNHCR should also be taken into account in these reports.

Or. en

Amendment 245

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should annually adopt a Migration Management Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it, ensuring their engagement and participation in solidarity and responsibility sharing. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent. Such results should be used by the Commission to propose concrete projections and make them immediately applicable for the year ahead, and Members States should make the necessary corrections and adapt to the results of the said report in the incoming year.

Or. en

Amendment 246

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Bearing in mind the importance of ensuring that the Member States are prepared to stop all illegal migration, the Commission should support Member States by providing a monthly update on possible illegal flows of third country nationals and asylum fraud trends.

Or. en

Amendment 247

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Bearing in mind the importance of identifying infringements of EU asylum acquis at the earliest stage possible, the Commission should also include the results of the reporting on monitoring the implementation of EU asylum acquis in each Member State, and initiate infringement procedures in case of non-compliance. Particular attention should be paid to the access to the asylum procedure on EU's territory as well as at the EU's external borders.

Or. en

Amendment 248

Nicola Procaccini

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

Or. en

Amendment 249

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration flows, the Commission should annually adopt a Migration Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it. The Report should build upon the inputs of Member States and should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent.

Or. en

Amendment 250

Damien Carême

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum, the Commission should annually adopt an Asylum Situation Report setting out the likely evolution of the asylum situation and the preparedness of the Union and the Member States to respond and adapt to it and assessing Member States’ compliance with relevant EU law. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent.

Or. en

Amendment 251

Charlie Weimers

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

Or. en

Amendment 252

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable persons.

deleted

Or. en

Amendment 253

Charlie Weimers

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 254

Nadine Morano

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

Or. fr

Amendment 255

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States have been providing effective access to international protection on their territory and comply with the principle of non-refoulement. Those Member States should be able to rely on an automatic distribution mechanism that will provide for the relocation of applicants.

Or. en

Amendment 256

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

Or. en

Amendment 257

Nicola Procaccini

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

Or. en

Amendment 258

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should always be able to rely on the binding solidarity contributions foreseen in Article 45 and, if under migratory pressure, on those provided for in Article 51 (3).

Or. en

Amendment 259

Annalisa Tardino

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable persons.

Or. en

Amendment 260

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

Or. it

Amendment 261

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) For the effective implementation of the common framework and to identify gaps, address challenges and prevent the building up of migratory pressure, the Commission should monitor and regularly report on the migratory situation.

(13) For the effective implementation of the common system based on solidarity and to identify gaps, address challenges, the Commission should monitor and regularly report on the implementation of the EU asylum acquis. The Commission should monitor and regularly report on the respect of fundamental rights of applicants for international protection in the Union.

Or. en

Amendment 262

Damien Carême

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) For the effective implementation of the common framework and to identify gaps, address challenges and prevent the building up of pressure on asylum and reception systems, the Commission should monitor and regularly report on the asylum situation.

Or. en

Amendment 263

Nicola Procaccini

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

Or. en

Amendment 264

Damien Carême

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

(13a) To ensure a smooth functioning of the relocation of applicants and beneficiaries under this Regulation, an EU Relocation Coordinator should be appointed by the Commission. The EU Relocation Coordinator should be tasked with monitoring and coordinating the operational aspects of relocations, should act as a central point of contact and information and should assist in solving conflicts arising between Member States in the implementation of this Regulation. The EU Relocation Coordinator should, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods for the verification of any meaningful links persons eligible for relocation might have with Member States of relocation. The office of the Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.

Or. en

Amendment 265

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

(13a) In light of the recent rapidly changing migratory situations, which have led to complex migratory challenges and considerable migratory pressure on individual Member States along the external border of the Union, there is a need to introduce a new mechanism when a Member State is at risk of migratory pressure. Such mechanism should include a rapid and comprehensive response by the Commission and the Union's bodies, offices and agencies to provide the Member State concerned with operational, legal, diplomatic and financial support in order to reduce the risk of migratory pressure.

Or. en

Amendment 266

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

(13a) In order to effectively manage the Union's external border, an independent border monitoring mechanism should be set up in view of ensuring its compliance with the European Convention on Human Rights, the EU Charter of Fundamental Rights, as well as the EU and International law.

Or. en

Amendment 267

Tomas Tobé, Lena Düpont, Jeroen Lenaers, Elissavet Vozemberg-Vrionidi

Proposal for a regulation

Recital 13 b (new)

Text proposed by the Commission

Amendment

(13b) To reduce the risk of migratory pressure, and in order to prevent and detect irregular migration, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.

Or. en

Amendment 268

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 269

Damien Carême

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 270

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) An effective implementation of the EU asylum acquis in full respect of the fundamental rights of applicants and a fair sharing of responsibility are essential elements of a well-functioning system of Union asylum.

Or. en

Amendment 271

Caterina Chinnici, Javier Moreno Sánchez

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need. Voluntary departure should always be preferred and facilitated above removal. The return of a child may only take place when it is found to be in the child’s best interest following a best interest’s procedure. It should not involve the use of force or physical restraints or other forms of coercion against them or their family members.

Or. en

Amendment 272

Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Moritz Körner, Abir Al-Sahlani

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need. Voluntary departure should always be preferred and facilitated above compulsory removal. Returns of unaccompanied children may only take place when it is in their best interest and should not involve the use of force or physical restraints or other forms of coercion against them.

Or. en

Amendment 273

Nicola Procaccini

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should be swiftly returned. Given that a significant number of applications for international protection are unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the number of returns of those illegally staying third-country nationals who are already present in the territory of Member States, preventing and deterring illegal departures of migrants from third countries of origin or transit, and granting access to the European Union just to those migrants who are genuinely in need of international protection, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those genuinely in need.

Or. en

Amendment 274

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) An effective robust and swift return policy is an essential element of a well-functioning protection for any nation state. Thus it is encouraged that all Member States ensure to arrange for processing of any asylum claims of third country nationals outside European soil; applicants who have registered within the Union could be detained, if deemed necessary; when there are reasonable grounds to consider the applicant a danger to national security or public order, the applicant shall be detained without delay.

Or. en

Amendment 275

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) An effective return policy is an essential element of a well-functioning system of asylum and migration management, whereby those who do not have the right to stay on territory of Member States should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy and eliminate incentives for economic or lifestyle migration to the European Union by way of implementing the Danish model of processing requests for and facilitating international protection in third country partner state reception centres. By increasing the efficiency of returns and not granting requests for international protection within the territory of Member States, the pressure on the asylum system would decrease, and effective access to international protection for those in need would be more widely available.

Or. en

Amendment 276

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy, while fully complying with fundamental rights and the principle of non-refoulement. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need and the quality of asylum and return decisions.

Or. en

Amendment 277

Annalisa Tardino

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) An effective return policy is an essential element of a fair and well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should swiftly return. Given that a significant share of applications for international protection are unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those genuinely in need.

Or. en

Amendment 278

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) An effective return policy is an essential element of a well-functioning asylum and migration system in the Union , whereby those who do not have the right to stay on Union territory should be swiftly returned. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need.

Or. en

Amendment 279

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) To strengthen cooperation with third countries in the area of return and readmission of illegally staying third-country nationals, it is necessary to develop a new mechanism, including all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship.

deleted

_________________

38 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.

Or. en

Amendment 280

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

deleted

_________________

38 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.

Or. en

Amendment 281

Damien Carême

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

deleted

_________________

38 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.

Or. en

Amendment 282

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) To strengthen cooperation with third countries in the area of return of illegal migrants it is necessary to focus funding and manpower at the disposal of the Commission on ensuring such migrants' prompt return.

_________________

38 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.

Or. en

Amendment 283

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) It is necessary to strengthen cooperation with third countries on asylum, migration and border management, including in the area of return and readmission of illegally staying third-country nationals. Therefore, the Union and the Member States should develop a new mechanism of cooperation, including by setting out tailored-made and mutually beneficial partnerships with third-countries, comprising all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. Such partnerships should provide a framework for better coordination of policies with third countries and create a win-win situation for both partners, and be based on human rights, rule of law and the respect of the Union’s common values. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship.

_________________

38 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.

Or. en

Amendment 284

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) To strengthen cooperation with third countries in the area of return and the establishment of reception centres in third country partner states where the request for international protection and its facilitation would take place would massively decrease incentives for economic and lifestyle migration to the Member States of the European Union.

_________________

38 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.

Or. en

Amendment 285

Nicola Procaccini

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) To strengthen cooperation with third countries in the areas of border control and migration management, in particular, for the swift return and readmission of illegally staying third-country nationals and the prevention of illegal departures, it is necessary to develop a new mechanism. That mechanism should include all relevant EU policies, instruments and tools, to improve the coordination of the different actions in various policy areas other than migration, including development and trade, that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available and based on conditional cooperation with the EU on migration management. That mechanism should also serve to support the implementation of return sponsorship.

_________________

38 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.

Or. en

Amendment 286

Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Moritz Körner

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) To strengthen cooperation with third countries in the area of return and readmission of illegally staying third-country nationals, it is necessary to develop a new mechanism, including all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country, human rights and the third countries ownership of their development priorities. That mechanism should also serve to support the implementation of return sponsorship.

_________________

38 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.

Or. en

Amendment 287

Annalisa Tardino

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) To strengthen cooperation with third countries in all areas of migration management including readmissions , it is necessary to develop a new mechanism, including all relevant EU policies and tools with a focus in the field of visa policy and development cooperation, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available. That mechanism should also serve to support the implementation of return sponsorship.

_________________

38 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.

Or. en

Amendment 288

Annalisa Tardino

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

(15a) Such mechanism should be based on the principle that aid and development funds are conditional to third countries cooperation in the area of return and readmission of illegally staying third-country nationals as outlined in the resolution of the European Parliament of 25 November 2020.

Or. en

Amendment 289

Nicola Procaccini

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

(15a) The mechanism should be based on the precondition that development aid should be conditional on cooperation with the European Union on migration management.

Or. en

Amendment 290

Annalisa Tardino

Proposal for a regulation

Recital 15 b (new)

Text proposed by the Commission

Amendment

(15b) In order to implement the mechanism, the Union should primarily apply measures to prevent illegal border crossing, including the construction of physical barriers for land borders as well as naval blockage for maritime borders.

Or. en

Amendment 291

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member State.

deleted

Or. en

Amendment 292

Nicola Procaccini

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) In order to ensure a balance of effort between Member States efficient cooperation measures should be established, namely the distribution of migrants with the right to asylum and the return sponsorship.

Or. en

Amendment 293

Damien Carême

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for fast, fair and efficient relocation. Relocation shall be mandatory following disembarkations after search and rescue operations as well as the arrival of applicants in a vulnerable situation and automatic in cases where no Member State can be identified as responsible in line with the criteria set out in Chapter II.

Or. en

Amendment 294

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

Or. en

Amendment 295

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a binding solidarity mechanism, upon arrival and disembarkation, including following search and rescue activities and operations, should be established in order to ensure effective and swift access of applicants to the procedures for granting international protection. Such mechanism should provide for true solidarity as enshrined in Article 80 of the TFEU, among Member States, with third countries, and towards those seeking asylum according to the procedure foreseen in Article 14 and 45 of this Regulation.

Or. en

Amendment 296

Charlie Weimers

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) In order to ensure that incentives for economic and lifestyle migration to the Member States of the European Union are decreased and an effective return policy is implemented, a voluntary contribution mechanism should be established which respects national political priorities and ensures that Member States retain their remaining control of migration and asylum policy.

Or. en

Amendment 297

Annalisa Tardino

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that Member States of first arrival are not overburden by high numbers of simultaneous applications. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member State.

Or. en

Amendment 298

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) In order to ensure a fair sharing of responsibility between Member States, a solidarity mechanism based on relocation of applicants should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should ensure that family and other meaningful links of the applicant are taken into account.

Or. en

Amendment 299

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and predictable, and able to adapt quickly to the evolving nature of the migratory challenges facing a Member State.

Or. en

Amendment 300

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, an automatic solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide primarily for the relocation of asylum applicants and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member State.

Or. it

Amendment 301

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 302

Annalisa Tardino

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 303

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 304

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 305

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 306

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 307

Nicola Procaccini

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 308

Damien Carême

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) Given the need to ensure the smooth functioning of the solidarity mechanism established in this Regulation, a Solidarity Forum comprising the representatives of all Member States should be established and should be convened by the Commission and chaired by the Relocation Coordinator. To ensure effective decision-making, Member State representatives should be empowered to take decisions on behalf of Member States during Forum meetings.

Or. en

Amendment 309

Charlie Weimers

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) Given the need to ensure the smooth functioning of the voluntary contribution mechanism established in this Regulation, a Voluntary Contribution Forum comprising the representatives of all Member States should be established and convened by the Commission following unanimous approval by the Council.

Or. en

Amendment 310

Annalisa Tardino

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

(17a) In order to implement the mechanism in a sustainable manner and discourage illegal border crossings and landings on the EU territory, the Commission supported by the relevant EU agencies, should establish asylum processing centres in third countries, especially in those located on the southern side of the Mediterranean sea. In those facilities, adequately trained staff should swiftly process asylum applications in accordance with Union and national law and establish whether applicants should be granted international protection and thus safely relocated to a Member state according to the criteria set out in this regulation or returned to country of origins.

Or. en

Amendment 311

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

(17a) An EU relocation coordinator will be responsible for improving coordination between Member States in the implementation of the solidarity mechanism. The coordinator would work closely with the Asylum Agency who would provide the technical support by establishing the key reference key for the distribution of asylum seekers, developing information material and be responsible for the transfer of applicants for, and beneficiaries of international protection in all cases provided under this Regulation.

Or. en

Amendment 312

Nadine Morano

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure.

deleted

Or. fr

Amendment 313

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 314

Charlie Weimers

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 315

Nicola Procaccini

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 316

Annalisa Tardino

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States competent authorities persons disembarked should be distributed in a proportionate manner among the Member States. In order to implement the mechanism, it is necessary that Member States forbid private actors from interfering in the migratory processes by carrying out search and rescue operations which may act as a pull factor for migratory influxes. As recent investigations proved, there are well established links between criminal networks of smugglers and private organisations acting as facilitators of illegal migration in breach of existing national and EU law. Member States should foresee a set of criminal and administrative sanctions in case of violation of national law. Where, in violation of existing law, a third country national disembarks on the European territory following an illegal search and rescue operation carried out by private organisation, the Member State responsible for registering the application should be the one that provided a navigation permit to the disembarking vessel.

Or. en

Amendment 317

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) The automatic distribution mechanism foreseen in this Regulation should be also applicable to people disembarked following search and rescue operations.

Or. en

Amendment 318

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) The solidarity mechanism should also apply to disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration.

Or. it

Amendment 319

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Given the specific risk posed by so-called rescue operations conducted by private organisations, Member States shall be encouraged to criminalize these organizations and combat illegal search and rescue operations.

Or. en

Amendment 320

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations, especially taking into account the vulnerability of those persons, irrespective of whether there is a situation of migratory pressure.

Or. en

Amendment 321

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Given the specific characteristics and recurring nature of disembarkations arising in the context of search and rescue operations, this Regulation should especially take into account the vulnerability of persons arriving from such disembarkations. The mechanism to reduce the risk for migratory pressure should be applied also in this context, to prevent Member States from being overburdened by their legal obligations on search and rescue operations

Or. en

Amendment 322

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for an effective procedure applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure.

Or. en

Amendment 323

Damien Carême

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for the immediate relocation of persons in a vulnerable situation including people disembarked following those operations.

Or. en

Amendment 324

Nadine Morano

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.

deleted

Or. fr

Amendment 325

Nicola Procaccini

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 326

Annalisa Tardino

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 327

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 328

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 329

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 330

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

Or. en

Amendment 331

Charlie Weimers

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Mitigation Report should set out the short-term projections of disembarkations anticipated for such operations and the voluntary contribution that would alleviate migratory pressure on Member States while respecting national political priorities.

Or. en

Amendment 332

Damien Carême

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) The annual Asylum Situation Report should set out the short-term projections of arrivals of persons in a vulnerable situation, including disembarkations anticipated for search and rescue operations and the solidarity response that would be required to contribute to the needs of respective Member States. The Commission should adopt an implementing act establishing a pool of relocation places (‘the solidarity pool’) with the aim of assisting the Member State to address the challenges following such arrivals.

Or. en

Amendment 333

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Abir Al-Sahlani

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool for SAR operations’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.

Or. en

Amendment 334

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing solidarity measures with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure and measures in the field of strengthening of capacity in the field of asylum, reception and return, and operational support, and measures in the external dimension.

Or. it

Amendment 335

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

(19a) In view of coordinating and optimising all relocation efforts, an EU Relocation Coordinator, to be appointed by the Commission, should assist and supervise the relocation coordination of applicants and beneficiaries found eligible for relocation. The EU Relocation Coordinator should endeavour to prioritise vulnerable persons, in particular unaccompanied minors in the relocation and transfers. The EU Relocation Coordinator should, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods, for the verification of any meaningful links that the persons eligible for relocation might have with Member States of relocation.

Or. en

Amendment 336

Nadine Morano

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the Commission, with the assistance of Union Agencies, should facilitate the swift relocation of eligible applicants for international protection who are not in the border procedure. Under the coordination of the Commission, the European Union Asylum Agency and the European Border and Coast Guard Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member States.

deleted

Or. fr

Amendment 337

Charlie Weimers

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 338

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 339

Annalisa Tardino

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 340

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 341

Nicola Procaccini

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 342

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the Commission, and the EU Relocation Coordinator, with the assistance of Union Agencies, should facilitate the swift relocation and transfer of eligible applicants for international protection, according to Article 14.

Or. en

Amendment 343

Damien Carême

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The EU Relocation Coordinator, with the assistance of the Asylum Agency, should facilitate the swift relocation of eligible applicants for international protection. Under the coordination of the EU Relocation Coordinator, the European Union Asylum Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member States.

Or. en

Amendment 344

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, there should be a swift relocation of applicants for international protection. The European Union Asylum Agency should assist by determining the Member States responsible based on the criteria set out in Chapter II and ensuring the transfer to the Member State responsible.

Or. en

Amendment 345

Nadine Morano

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) Persons disembarked should be distributed in a proportionate manner among the Member States.

deleted

Or. fr

Amendment 346

Charlie Weimers

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) Persons disembarked should be distributed in a proportionate manner among the Member States.

deleted

Or. en

Amendment 347

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) Persons disembarked should be distributed in a proportionate manner among the Member States.

deleted

Or. en

Amendment 348

Annalisa Tardino

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) Persons disembarked should be distributed in a proportionate manner among the Member States.

deleted

Or. en

Amendment 349

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) Persons disembarked should be distributed in a proportionate manner among the Member States.

(21) Any illegal migrants that are disembarked should be detained and processed as soon as possible for return to their homeland by the Member State that allowed the disembarkation to take place. Member States that allow disembarkation should be made aware of the fact that they themselves will have to take the burden for allowing illegal migrants to enter into the EU area and it is their responsibility to prevent that the illegal migrants move to other the Member States at their own will. Member States failing this will have to face responsibility to take back illegal migrants for processing and return to their homelands.

Or. en

Amendment 350

Nicola Procaccini

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) Persons disembarked should be distributed in a proportionate manner among the Member States.

(21) Just those migrants whose eligibility for international protection has been established in the territory of a third country should be granted legal access to the territory of the European Union and be distributed in a proportionate manner among the Member States in accordance with a distribution key based on the population, the GDP and the unemployment rate of each Member State.

Or. en

Amendment 351

Damien Carême

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) Persons disembarked should be distributed in a proportionate manner among the Member States.

(21) Persons in a vulnerable situation including persons disembarked following search and rescue operations should be distributed in a proportionate manner among the Member States in a way that allows any meaningful links to a given Member State, or the applicant’s preferences when there are no such links, to be taken into account.

Or. en

Amendment 352

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) Persons disembarked should be distributed in a proportionate manner among the Member States.

(21) All applicants for international protection should be distributed in a proportionate manner among the Member States while fully taking into account family and other meaningful links of the applicants in the determination of the Member State responsible.

Or. en

Amendment 353

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third-country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorship.

deleted

Or. en

Amendment 354

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 355

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 356

Nicola Procaccini

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 357

Annalisa Tardino

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 358

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 359

Charlie Weimers

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) The voluntary contribution of each Member State should take into account indications by Member States under migratory pressure of the types of means by which they require assistance with returns or relocation to third country partner state reception centres.

Or. en

Amendment 360

Nadine Morano

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

Or. fr

Amendment 361

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

Or. it

Amendment 362

Charlie Weimers

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third-country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where Member States contributions are insufficient the Commission should be empowered to adopt an implementing act setting out the total number of third-country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the inverse of the proportion of the population born in a third country of each Member State.

Or. en

Amendment 363

Damien Carême

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the number of relocation places which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third-country nationals to be covered by relocation and the share of this number for each Member State calculated according to a reference key based on the population and the GDP of each Member State, as well as the number of asylum applications processed and the number of refugees admitted or resettled per capita. Where the indications from Member States would lead to a shortfall of greater than 20% of the total number of relocations identified in the Asylum Situation Report, the Commission should be able to adjust the contributions of those Member States whose contributions fall short of their fair share.

Or. en

Amendment 364

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Abir Al-Sahlani

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) The overall contribution of each Member State to the solidarity pool for SAR operations should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third-country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorship.

Or. en

Amendment 365

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

(22a) Where no meaningful links can be established, the share of solidarity contribution for each Member State shall follow the size of the population, the total GDP and its unemployment rate, according to the latest available Eurostat data.

Or. en

Amendment 366

Charlie Weimers

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to ensure that support measures are available at all times to address the specific situation of disembarkations from search and rescue operations, where the number of disembarkations following search and rescue operation have reached 80% of the solidarity pools for one or more of the benefitting Member States, the Commission should adopt amended implementing acts increasing the total number of contributions by 50%.

deleted

Or. en

Amendment 367

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 368

Annalisa Tardino

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 369

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 370

Nicola Procaccini

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 371

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 372

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 373

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 374

Damien Carême

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to ensure that relocation places are available at all times to address the specific situation of persons in a vulnerable situation including after disembarkations from search and rescue operations, where the number of arrivals have reached 80% of the solidarity pools for one or more of the benefitting Member States, the Commission should adopt amended implementing acts increasing the total number of contributions by 50%.

Or. en

Amendment 375

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 376

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 377

Damien Carême

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 378

Nicola Procaccini

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 379

Charlie Weimers

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 380

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) The solidarity mechanism should also address situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Commission should establish an annual solidarity pool based on the projections of the evolution of the migratory flows in the annual Migration Management Report. The pool shall be used only where a Member State is under migratory pressure during the one year period. The unused contributions should be deleted at the end of that period. Such a mechanism enables appropriate predictability for all Member States, both benefiting and contributing, and ensures a timely implementation of the solidarity at the Union level

Or. en

Amendment 381

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) A specific solidarity mechanism should address the situations where one or more Member States, in particular, due to their geographical location and a constant level of arrivals, including after disembarkation and search and rescue activities and operations are under migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.

Or. en

Amendment 382

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) This solidarity mechanism should be adapted in situations of crisis linked to a disproportionate arrival of applicants for international protection to a Member State. For this purpose, a prima facie procedure for international protection has been set up in the Crisis Regulation.

Or. en

Amendment 383

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) The solidarity mechanism should address situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Council, based upon the proposal of the Commission, should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.

Or. en

Amendment 384

Annalisa Tardino

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) The solidarity mechanism should also address situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Member State under migratory pressure should ask the Commission to set out the measures that could support that Member State in addressing the situation of migratory pressure. The definition of migratory pressure should take into account potential crisis at local or regional level.

Or. en

Amendment 385

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 24 a (new)

Text proposed by the Commission

Amendment

(24a) For the establishment of that solidarity pool, Member States should notify to the Commission the type of solidarity contributions that they commit for. Where Member States are themselves expected to be benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a proportional reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be then shared proportionately among the other Member States taking such measures.

Or. en

Amendment 386

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior, Abir Al-Sahlani

Proposal for a regulation

Recital 24 b (new)

Text proposed by the Commission

Amendment

(24b) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to contribute to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.

Or. en

Amendment 387

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

deleted

Or. it

Amendment 388

Nicola Procaccini

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 389

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 390

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 391

Damien Carême

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 392

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the number of asylum applicants, vulnerabilities of asylum applicants and migrants, irregular border crossings, the capacity of a Member State in managing its asylum and reception caseload. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

Or. en

Amendment 393

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) When assessing whether a Member State is under migratory pressure the Commission in its proposal for a report, based on a broad qualitative assessment, should take account of a broad range of factors, including the number of asylum applicants, illegal border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question and building on the national specificities and individual capabilities of contributing Member States.

Or. en

Amendment 394

Caterina Chinnici, Javier Moreno Sánchez

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the number of asylum applicants, countries of origin, vulnerabilities of asylum applicants and migrants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

Or. en

Amendment 395

Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Moritz Körner

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the number of asylum applicants, countries of origin, vulnerabilities of asylum applicants and migrants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

Or. en

Amendment 396

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani, Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) On its own initiative or on a request from a Member State, the Commission should assess whether a Member State is under migratory pressure, based on a broad qualitative assessment, taking account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

Or. en

Amendment 397

Charlie Weimers

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative assessment, should take account of a broad range of factors, including the number of asylum applicants, illegal border crossings, return decisions issued and enforced, and relations with relevant third countries. The voluntary contribution should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

Or. en

Amendment 398

Charlie Weimers

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative assessment, should take account of a broad range of factors, including the number of asylum applicants, illegal border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

Or. en

Amendment 399

Annalisa Tardino

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) When declaring itself under migratory pressure a Member State should provide a broad qualitative assessment, taking into account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

Or. en

Amendment 400

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 25 a (new)

Text proposed by the Commission

Amendment

(25a) When it comes to solidarity, Member States should be able to choose the form of solidarity through which they wish to contribute. The border protection efforts of Member States should be considered as solidarity contributions. Relocation as well as return sponsorship should remain only voluntary instruments of solidarity. Capacity building contributions, operational support as well as measures taken in the external dimension of migration should be taken into account as solidarity contributions.

Or. en

Amendment 401

Nadine Morano

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Only persons who are more likely to have a right to stay in the Union should be relocated. Therefore, the scope of relocation of applicants for international protection should be limited to those who are not subject to the border procedure set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation].

deleted

Or. fr

Amendment 402

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 403

Damien Carême

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 404

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 405

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 406

Nicola Procaccini

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Only persons whose right to stay in the Union has been established in third countries should be distributed among Member States. Therefore, the scope of distribution should be limited to those migrants whose eligibility for international protection has been established in third countries before they have been granted legal access to the European Union.

Or. en

Amendment 407

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Persons who claim a right to international protection in the Union should be relocated to third country partner reception centres for processing of their application and facilitation of international protection if such status is granted.

Or. en

Amendment 408

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Only persons already granted international protection can be relocated. Therefore, the scope of relocation of applicants for international protection should be limited to those who were already granted international protection. Furthermore, relocation can only be a voluntary measure based on the explicit agreement of Member States.

Or. en

Amendment 409

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039. Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

deleted

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. it

Amendment 410

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

deleted

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 411

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

(27) The solidarity mechanism should include measures to ensure a fair sharing of responsibility between Member States.

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 412

Damien Carême

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

(27) The solidarity mechanism should ensure a fair sharing of responsibility and a balance of effort between Member States.

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 413

Charlie Weimers

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

(27) Return sponsorship and relocation to third country partner state reception centres should form an integral part of any asylum and migration system which takes into account that future migratory pressure on Europe will reach unprecedented levels as the population in Sub-Saharan Africa is projected to grow 10-fold between 1960 and 2050.39a UNICEF estimates that by the end of this century the continent's population will increase from 1.2 billion today to more than 4 billion by 2100.40a Any sustainable asylum and migration system must take into account that an estimated 1.4 billion would like to migrate if given the chance,41a 35 - 40% of whom would prefer to make Europe their home.42a

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

39a https://blogs.worldbank.org/opendata/worlds-population-will-continue-grow-and-will-reach-nearly-10-billion-2050

40a https://data.unicef.org/resources/generation-2030-africa-2-0/

41a https://archive-yaleglobal.yale.edu/content/prepare-21st-century-exodus-migrants

42a https://www.afd.fr/en/ressources/global-migration-20th-and-21st-centuries-unstoppable-force-demography

Or. en

Amendment 414

Nicola Procaccini

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

(27) The cooperation measures should consist in a balance of effort between Member States also in the area of return of illegally staying third-country nationals . Through return sponsorship, a Member State should commit to carry out the necessary activities to return illegally staying third-country nationals that are present in other Member States. Member States should recognise the return decision issued by another Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 415

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 416

Abir Al-Sahlani, Fabienne Keller, Yana Toom, Hilde Vautmans, Jan-Christoph Oetjen, Moritz Körner, Sophia in 't Veld

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. The European Border and Coast Guard Agency shall continue to, throughout the entire return and readmission process, respect human dignity as well as fundamental rights.

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 417

Hilde Vautmans, Jan-Christoph Oetjen, Sophia in 't Veld, Moritz Körner

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. Unaccompanied minors should be exempt from return sponsorships unless it is in their best interests.

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 418

Caterina Chinnici, Javier Moreno Sánchez

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return irregularly residing third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. Children and their families should be exempt from return sponsorships.

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 419

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Jan-Christoph Oetjen, Malik Azmani

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States should recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039. Return sponsorship should be in line and complementary with the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 420

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

(27) The voluntary solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 421

Nadine Morano

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States in particular in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039. Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. fr

Amendment 422

Annalisa Tardino

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 2 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

_________________

39 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 423

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be shared proportionately among the other Member States taking such measures.

deleted

Or. it

Amendment 424

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 425

Nicola Procaccini

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 426

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 427

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 428

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) The European Asylum Agency should set up an automated distribution system that would ensure a fair sharing of responsibility among Member States. Where Member States are themselves benefitting Member States they should not be obliged to be a contributing Member State.

Or. en

Amendment 429

Charlie Weimers

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) Member States should notify the type of voluntary contributions that they will take through the completion of a voluntary contribution plan. Where Member States are themselves benefitting Member States they should not be expected to make voluntary contributions to other Member States.

Or. en

Amendment 430

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves Member States under pressure, they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure.

Or. en

Amendment 431

Charlie Weimers

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous decades, due to a high number of applications for international protection it should be possible for a Member State to request an exemption from solidarity contributions to Member States under migratory pressure where such contribution consists of relocation.

Or. en

Amendment 432

Nadine Morano

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure. That reduction should be shared proportionately among the other Member States.

Or. fr

Amendment 433

Damien Carême

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) Member States should notify the number of relocations that they will undertake through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory responsibility in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States in need of assistance. That reduction should be shared proportionately among the other Member States.

Or. en

Amendment 434

Damien Carême

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission

Amendment

(28a) When assessing whether the asylum system of a Member State is at risk of migratory pressure the Commission, based on detailed assessment, should take account of specific and measurable factors, including the number of asylum applicants, and the reception capacity of the Member State concerned.

Or. en

Amendment 435

Nadine Morano

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.

deleted

Or. fr

Amendment 436

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 437

Cornelia Ernst, Konstantinos Arvanitis, Sira Rego, Pernando Barrena Arza, Malin Björk, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 438

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 439

Nicola Procaccini

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 440

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Jan-Christoph Oetjen, Malik Azmani

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 441

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) Where the Migration Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs.

Or. en

Amendment 442

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

Or. it

Amendment 443

Damien Carême

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) Where the assessment by the Commission or the annual Asylum Situation Report identifies needs in a Member State at risk of pressure in the field of capacity measures in asylum and reception, support should immediately be provided to the Member State by the relevant EU Agencies acting within their respective mandates and available EU funding should be used to its full potential.

Or. en

Amendment 444

Charlie Weimers

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) Where the Migration Mitigation Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs in addition to or in place of relocation to third country partner state reception centres or return sponsorship.

Or. en

Amendment 445

Juan Ignacio Zoido Álvarez

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

Or. es

Amendment 446

Annalisa Tardino

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) Where a Member State under migratory pressure has needs in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.

Or. en

Amendment 447

Nicolaus Fest, Jaak Madison, Bernhard Zimniok, Gunnar Beck, Tom Vandendriessche, Peter Kofod, Roman Haider, Georg Mayer, Harald Vilimsky, Laura Huhtasaari, Philippe Olivier

Proposal for a regulation

Recital 29 a (new)

Text proposed by the Commission

Amendment

(29a) Member States should be able to make voluntary contributions if a Member State experiences migratory pressure, for example by providing assistance for protecting their external borders.

Or. en

Amendment 448

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the contributions to be made by each Member State. Such contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.

deleted

Or. it

Amendment 449

Charlie Weimers

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

deleted

Or. en