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 735

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

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

In accordance with the principle of solidarity and fair sharing of responsibility, and with the objective of reinforcing mutual trust, this Regulation:

Acknowledging the sovereignty of the Member States, and in accordance with the duty of every Member State to protect its citizens and defend their freedom of movement under Article 45 TFEU, this Regulation:

Or. en

Amendment 736

Charlie Weimers

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

In accordance with the principle of solidarity and fair sharing of responsibility, and with the objective of reinforcing mutual trust, this Regulation:

In accordance with the principle of voluntary cooperation between Member States, and with the objective of reinforcing mutual trust and enhancing security of citizens, this Regulation:

Or. en

Amendment 737

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

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) sets out a common framework for the management of asylum and migration in the Union;

deleted

Or. en

Amendment 738

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

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) sets out a common framework for the management of asylum and migration in the Union;

(a) sets out a common framework for the management of asylum and migration in the Union and the proper implementation of the Common European Asylum System;

Or. en

Amendment 739

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

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) sets out a common framework for the management of asylum and migration in the Union;

(a) sets out a framework for the management of asylum applications in the Union and the prevention of illegal migration to the Union;

Or. en

Amendment 740

Charlie Weimers

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) sets out a common framework for the management of asylum and migration in the Union;

(a) sets out a common framework for the management of asylum and migration mitigation among the Member States of the European Union;

Or. en

Amendment 741

Damien Carême

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) sets out a common framework for the management of asylum and migration in the Union;

(a) sets out a common framework for ensuring access to asylum in the Union;

Or. en

Amendment 742

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) sets out a common framework for the management of asylum and migration in the Union;

(a) sets out a common framework for asylum and migration in the Union;

Or. en

Amendment 743

Nicola Procaccini

Proposal for a regulation

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) establishes a mechanism for solidarity;

(b) establishes cooperation measures to efficiently distribute among Member States beneficiaries of international protection whose eligibility has been established in third country processing centres, as well as to return illegally staying third-country nationals;

Or. en

Amendment 744

Charlie Weimers

Proposal for a regulation

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) establishes a mechanism for solidarity;

(b) establishes methods for voluntary cooperation between Member States and third country partner states;

Or. en

Amendment 745

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

Proposal for a regulation

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) establishes a mechanism for solidarity;

(b) establishes a sustainable mechanism for solidarity as enshrined in Article 80 of the TFEU;

Or. en

Amendment 746

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

Proposal for a regulation

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) establishes a mechanism for solidarity;

(b) establishes a mechanism for solidarity and fair-sharing of responsibility;

Or. en

Amendment 747

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

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) establishes a mechanism for solidarity;

(b) establishes a mechanism for voluntary solidarity;

Or. en

Amendment 748

Charlie Weimers

Proposal for a regulation

Article 1 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) lays down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection.

deleted

Or. en

Amendment 749

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

Article 1 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) lays down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection.

(c) determines that the Member State responsible for examining an application for international protection is ordinarily the Member State of first entry; provides guidelines for Commission support, if requested by a Member State, by ensuring that all funds allocated are used to prevent illegal mass-migration; facilitates the prompt return of illegal migrants.

Or. en

Amendment 750

Nicola Procaccini

Proposal for a regulation

Article 1 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) lays down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection.

(c) lays down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection made in a Member State by a person who has illegally arrived in the territory of the European Union

Or. en

Amendment 751

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

Proposal for a regulation

Article 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) of the Treaty and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53 ;

(a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) of the Treaty on the Functioning of the European Union (TFEU) and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53;

_________________

53 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p. 1.

Or. en

Amendment 752

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

Article 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) ‘third-country national’ means any person who is not a citizen of a Member State within the meaning of Article 20(1) of the Treaty and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53 ;

_________________

Or. en

Amendment 753

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

Article 2 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) ‘illegal migrant’ means any third-country national who enters the territory of the Member States without prior approval in the form of a visa or residence permit or who enters a Member State by force, or a person who enters a Member State and does not apply for protection at the first opportunity. A person who wishes to apply for international protection, must do so in a peaceful manner and at the first possible opportunity (at a border post, disembarkation point, or asylum processing facility). Should the third-country national enter a Member State by force or travel through a Member State without applying for protection, any application that is lodged will be denied, the person will be considered as an illegal migrant, and will be detained and returned to his or her country of origin.

Or. en

Amendment 754

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

Proposal for a regulation

Article 2 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) ‘stateless person’ shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954.

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

Or. en

Amendment 755

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

Article 2 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) ‘stateless person’ means a person who is not considered as a national by any State under the operation of its law;

Or. en

Amendment 756

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

Article 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) ‘application for international protection’ or ‘application’ means a request for protection made to a Member State by a third-country national or a stateless person, who can be understood as seeking refugee status, or a person seeking subsidiary protection status but only in cases where protection could not be granted in the region, 'international protection' as defined in this Regulation does not include humanitarian visas issued by a Member State on a discretionary basis;

Or. en

Amendment 757

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

Proposal for a regulation

Article 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) ‘application for international protection’ or ‘application’ means a request for protection made to a Member State by a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, who can be understood as seeking refugee status or subsidiary protection status;

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

Or. en

Amendment 758

Annalisa Tardino

Proposal for a regulation

Article 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

Or. en

Amendment 759

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point b – point 1 (new)

Text proposed by the Commission

Amendment

(1) 'stateless person’ shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954.

Or. en

Amendment 760

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 2 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) 'third country reception centres’ means centres located outside of the European Union, operated by third country partners and financially and logistically supported by Member States or the European Union with the purpose of distinguishing between illegal migrants who will be returned and those genuinely in need of international protection for whom international protection would be provided in third country partner states.

Or. en

Amendment 761

Nicola Procaccini

Proposal for a regulation

Article 2 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) “ third country processing centres” means centres located outside the Union, run by the European Union in close cooperation with the hosting third country with the purpose of distinguishing between illegal migrants, who will be returned, and those genuinely in need of international protection for whom distribution would apply;

Or. en

Amendment 762

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];

(c) ‘applicant’ means a third-country national or a stateless person who has come to the European Union directly from a country or territory where their life or freedom was threatened within the meaning of Article 1of the 1951 Convention Relating to the Status of Refugees (1951 Convention), and who has presented themselves without delay to Member State authorities, with an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy. Applicants are not to be taken to have presented themselves without delay to the authorities unless —

(i) in the case of a person who became a refugee while they were outside the European Union, they made a claim for asylum as soon as reasonably practicable after their arrival in a Member State of the European Union;

(ii) in the case of a person who became a refugee while they were in a Member State of the European Union —

(1) if their presence in the Member State was lawful at that time, they made a claim for asylum before the time when their presence in the Member State became unlawful;

(2) if their presence in the Member State was unlawful at that time, they made a claim for asylum as soon as reasonably practicable after they became aware of their need for international protection under the Refugee Convention.

Or. en

Amendment 763

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 764

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

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) ‘applicant’ means a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, who has made an application for international protection in respect of which a final decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned

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

Or. en

Amendment 765

Annalisa Tardino

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];

Or. en

Amendment 766

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 767

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

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], or a third-country national or a stateless person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];

Or. en

Amendment 768

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

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection without illegally entering a Member State, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];

Or. en

Amendment 769

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

Article 2 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) 'child' means a minor under the age of 13,

Or. en

Amendment 770

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

Article 2 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation], excluding procedures for determining the Member State responsible in accordance with this Regulation;

Or. en

Amendment 771

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] or national laws of Member States that have agreements with third country partner nations in place for the processing of applications and hosting those granted international protection;

Or. en

Amendment 772

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

Proposal for a regulation

Article 2 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) ‘examination of an application for international protection’ means examination of the merits of an application for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation], excluding procedures for determining the Member State responsible in accordance with this Regulation;

Or. en

Amendment 773

Nicola Procaccini

Proposal for a regulation

Article 2 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in Article 2(2) of Regulation (EU) XXX/XXX [Qualification Regulation];

(f) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection in a third country processing centre or on the territory of the Member States after having illegally arrived to the European Union and following criteria for determining the Member State responsible;

Or. en

Amendment 774

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

Proposal for a regulation

Article 2 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) ‘beneficiary of international protection’ means a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, who has been granted international protection as defined in Article 2(2) of Regulation (EU) XXX/XXX [Qualification Regulation];

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

Or. en

Amendment 775

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection in a third country or a Member State;

Or. en

Amendment 776

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

Article 2 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined by the respective Member State;

Or. en

Amendment 777

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the Member States:

deleted

(i) the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,

(ii) the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,

(iii) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,

(iv) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,

(v) the sibling or siblings of the applicant;

Or. en

Amendment 778

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

Proposal for a regulation

Article 2 – paragraph 1 – point g – introductory part

Text proposed by the Commission

Amendment

(g) ‘family members’ means the following members of the applicant’s family who are present on the territory of the Member States:

Or. en

Amendment 779

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point g – introductory part

Text proposed by the Commission

Amendment

(g) ‘family members’ means the following members of the applicant’s or beneficiary's family who are present on the territory of the Member States:

Or. en

Amendment 780

Proposal for a regulation

Article 2 – paragraph 1 – point g – introductory part

Text proposed by the Commission

Amendment

(g) ‘family members’ means, the following members of the applicant’s or beneficiaries' family who are present on the territory of the Member States:

Or. en

Amendment 781

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

Article 2 – paragraph 1 – point g – introductory part

Text proposed by the Commission

Amendment

Or. en

Amendment 782

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 1 – point g – introductory part

Text proposed by the Commission

Amendment

(g) ‘family members’ means, insofar as the family already existed in the country of origin before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the Member States:

Or. en

Amendment 783

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point g – point i

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 784

Proposal for a regulation

Article 2 – paragraph 1 – point g – point i

Text proposed by the Commission

Amendment

(i) the partner of the applicant or beneficiary;

Or. en

Amendment 785

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

Proposal for a regulation

Article 2 – paragraph 1 – point g – point i

Text proposed by the Commission

Amendment

(i) the spouse of the applicant or his or her unmarried partner in a stable relationship

Or. en

Amendment 786

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point g – point i

Text proposed by the Commission

Amendment

(i) the spouse of the applicant or beneficiary of international protection or his or her unmarried partner in a stable relationship, where the law or practice of the country of origin or of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,

Or. en

Amendment 787

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

Article 2 – paragraph 1 – point g – point i

Text proposed by the Commission

Amendment

(i) the spouse of the applicant, only where the country of origin and the Member State concerned recognises the marriage in accordance with its national legislation,

Or. en

Amendment 788

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point g – point ii

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 789

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point g – point ii

Text proposed by the Commission

Amendment

(ii) the minor children of couples referred to in the first indent or of the applicant and the adult children for whom they have charge, regardless of whether they were born in or out of wedlock or adopted as defined or recognised under national law, as well as the other children for whom they hold responsibility,

Or. en

Amendment 790

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

Proposal for a regulation

Article 2 – paragraph 1 – point g – point ii

Text proposed by the Commission

Amendment

(ii) the children of couples referred to in the first indent or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined or recognised under national law, as well as other children for whom they hold parental responsibility

Or. en

Amendment 791

Proposal for a regulation

Article 2 – paragraph 1 – point g – point ii

Text proposed by the Commission

Amendment

(ii) the children of partners referred to in the first indent or of the applicant or beneficiary, and regardless of whether they were born in or out of wedlock or adopted as defined under national law,

Or. en

Amendment 792

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

Article 2 – paragraph 1 – point g – point ii

Text proposed by the Commission

Amendment

(ii) the minor or adult dependent children of couples referred to in the first indent or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under national law

Or. en

Amendment 793

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point g – point iii

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 794

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

Article 2 – paragraph 1 – point g – point iii

Text proposed by the Commission

Amendment

(iii) where the applicant is a minor or an adult dependent child, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,

Or. en

Amendment 795

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

Article 2 – paragraph 1 – point g – point iii

Text proposed by the Commission

Amendment

(iii) where the applicant is a minor and unmarried, the father, mother or another adult legally responsible for the applicant,

Or. en

Amendment 796

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

Proposal for a regulation

Article 2 – paragraph 1 – point g – point iii

Text proposed by the Commission

Amendment

(iii) the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,

Or. en

Amendment 797

Proposal for a regulation

Article 2 – paragraph 1 – point g – point iii

Text proposed by the Commission

Amendment

(iii) where the applicant is a minor, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,

Or. en

Amendment 798

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point g – point iii

Text proposed by the Commission

Amendment

(iii) where the applicant is a minor, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,

Or. en

Amendment 799

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point g – point iv

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 800

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

Article 2 – paragraph 1 – point g – point iv

Text proposed by the Commission

Amendment

(iv) where the beneficiary of international protection is a minor or an adult dependent child, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,

Or. en

Amendment 801

Proposal for a regulation

Article 2 – paragraph 1 – point g – point iv

Text proposed by the Commission

Amendment

(iv) where the beneficiary of international protection is a minor, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,

Or. en

Amendment 802

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

Proposal for a regulation

Article 2 – paragraph 1 – point g – point iv

Text proposed by the Commission

Amendment

(iv) the father, mother or another adult responsible for the beneficiary of international protection whether by law or by the practice of the Member State where the beneficiary is present,

Or. en

Amendment 803

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point g – point iv

Text proposed by the Commission

Amendment

Or. en

Amendment 804

Jadwiga Wiśniewska, Joachim Stanisław Brudziński, Patryk Jaki, Beata Kempa

on behalf of the ECR Group

Proposal for a regulation

Article 2 – paragraph 1 – point g – point v

Text proposed by the Commission

Amendment

(v) the sibling or siblings of the applicant;

deleted

Or. pl

Amendment 805

Lukas Mandl

Proposal for a regulation

Article 2 – paragraph 1 – point g – point v

Text proposed by the Commission

Amendment

(v) the sibling or siblings of the applicant;

deleted

Or. en

Justification

Siblings should not be included in this definition inter alia considering that also half brothers and sisters could be covered. The definition of the current Dublin-Regulation should be maintained.

Amendment 806

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

Article 2 – paragraph 1 – point g – point v

Text proposed by the Commission

Amendment

(v) the sibling or siblings of the applicant;

deleted

Or. en

Amendment 807

Lena Düpont

Proposal for a regulation

Article 2 – paragraph 1 – point g – point v

Text proposed by the Commission

Amendment

(v) the sibling or siblings of the applicant;

deleted

Or. en

Amendment 808

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point g – point v

Text proposed by the Commission

Amendment

(v) the sibling or siblings of the applicant;

deleted

Or. en

Amendment 809

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 1 – point g – point v

Text proposed by the Commission

Amendment

(v) the sibling or siblings of the applicant;

(v) the sibling or siblings of the applicant provided that the applicant is a minor below the age of 14;

Or. en

Amendment 810

Proposal for a regulation

Article 2 – paragraph 1 – point g – point v

Text proposed by the Commission

Amendment

(v) the sibling or siblings of the applicant;

(v) the sibling or siblings, and the grandparent or grandparents of the applicant or beneficiary;

Or. en

Amendment 811

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

Article 2 – paragraph 1 – point g – point v a (new)

Text proposed by the Commission

Amendment

(va) As a derogation to points (ii), (ii) and (iv), where the minor is married, the adult spouse constitutes a member of family provided that the marriage is in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.

Or. en

Amendment 812

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

Proposal for a regulation

Article 2 – paragraph 1 – point g – point v a (new)

Text proposed by the Commission

Amendment

(va) the member of households that existed in the country of origin

Or. en

Amendment 813

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) ‘relative’ means the applicant’s adult aunt or uncle or grandparent who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;

deleted

Or. en

Amendment 814

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

Proposal for a regulation

Article 2 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) ‘relative’ means the applicant’s adult aunt or uncle or grandparent or cousin or nephew or niece who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;

Or. en

Amendment 815

Proposal for a regulation

Article 2 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) ‘relative’ means the applicant’s adult aunt or uncle, or cousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;

Or. en

Amendment 816

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years;

deleted

Or. en

Amendment 817

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

Proposal for a regulation

Article 2 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years;

(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years. This is to be assessed, where applicable, at the time his or her application for international protection is made;

Or. en

Amendment 818

Annalisa Tardino

Proposal for a regulation

Article 2 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years;

(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years; the age assessment may be verified using scientific criteria including Dental age estimation (DAE).

Or. en

Amendment 819

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

Proposal for a regulation

Article 2 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years;

(i) ‘minor’ means a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, below the age of 18 years;

Or. en

Amendment 820

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

Article 2 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years;

(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years but over the age of 13;

Or. en

Amendment 821

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

Article 2 – paragraph 1 – point i a (new)

Text proposed by the Commission

Amendment

(ia) 'unaccompanied child' means a minor under the age of 13 who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor under the age of 13 who is left unaccompanied after he or she has entered the territory of Member States;

Or. en

Amendment 822

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point j

Text proposed by the Commission

Amendment

(j) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor who is left unaccompanied after he or she has entered the territory of Member States;

deleted

Or. en

Amendment 823

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

Proposal for a regulation

Article 2 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary;

(k) ‘representative’ means a person or an organisation, including a public authority designated by the competent authorities or bodies, with the necessary skills and expertise, including regarding the treatment and specific needs of minors, to represent, assist and act on behalf of an unaccompanied minor, as applicable, in order to safeguard his or her best interests and general well-being and so that the unaccompanied minor can benefit from the rights under this Regulation.

Or. en

Amendment 824

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) ‘guardian’ means a person or an organisation appointed by the competent bodies with the necessary skills and expertise, including regarding the treatment and specific needs of minors, to represent, assist and act on behalf of an unaccompanied minor, as applicable, in order to safeguard his or her best interests and general well-being and so that the unaccompanied minor can benefit from the rights and comply with the obligations under this Regulation;

Or. en

Amendment 825

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

Article 2 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) ‘guardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to safeguarding the best interests of the child, and his or her well-being, and exercising legal capacity for the minor where necessary, as defined in Article 4(2)(f) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

Or. en

Amendment 826

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

Article 2 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor or child in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor or child where necessary;

Or. en

Amendment 827

Proposal for a regulation

Article 2 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) ‘guardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary;

Or. en

Amendment 828

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

Proposal for a regulation

Article 2 – paragraph 1 – point k a (new)

Text proposed by the Commission

Amendment

(ka) 'person of trust' means any person nominated by the applicant to accompany him or her to the personal interview.

Or. en

Amendment 829

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point l

Text proposed by the Commission

Amendment

(l) ‘residence document’ means any authorisation issued by the authorities of a Member State authorising a third-country national or a stateless person to stay on its territory, including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the Member State responsible as established in this Regulation or during the examination of an application for international protection or an application for a residence permit;

deleted

Or. en

Amendment 830

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

Proposal for a regulation

Article 2 – paragraph 1 – point l

Text proposed by the Commission

Amendment

(l) ‘residence document’ means any authorisation issued by the authorities of a Member State authorising a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, to stay on its territory, including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the Member State responsible as established in this Regulation or during the examination of an application for international protection or an application for a residence permit;

Or. en

Amendment 831

Proposal for a regulation

Article 2 – paragraph 1 – point m a (new)

Text proposed by the Commission

Amendment

(ma) “Meaningful links” means any of the following: the possession of a diploma or qualification, the lawful presence of relatives, being beneficiary of a sponsorship, strong linguistic and cultural ties, previous legal stays or residence;

Or. en

Amendment 832

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

Article 2 – paragraph 1 – point n

Text proposed by the Commission

Amendment

(n) ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a three months’ period of study in a recognised, state or regional programme of education or vocational training at least equivalent to level 2 of the International Standard Classification of Education, operated by an education establishment in accordance with national law or administrative practice of the Member States;

deleted

Or. en

Amendment 833

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 1 – point n

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 834

Fabienne Keller, Hilde Vautmans, Olivier Chastel, Michal Šimečka, Malik Azmani

Proposal for a regulation

Article 2 – paragraph 1 – point n

Text proposed by the Commission

Amendment

(n) ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a four months’ period of study achieved on the territory of a Member State in a recognised, state or regional programme of education or vocational training at least equivalent to level 1 of the International Standard Classification of Education, operated by an education establishment in accordance with national law or administrative practice of the Member States;

Or. en

Amendment 835

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

Proposal for a regulation

Article 2 – paragraph 1 – point n

Text proposed by the Commission

Amendment

(n) ‘diploma or qualification’ means a diploma or qualification which is obtained after a period of study in a recognised, state or regional programme of education or vocational training, operated by an education establishment in accordance with national law or administrative practice of the Member States;

Or. en

Amendment 836

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 1 – point o

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 837

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

Proposal for a regulation

Article 2 – paragraph 1 – point o

Text proposed by the Commission

Amendment

(o) ‘education establishment’ means any type of public or private education or vocational training establishment established in a Member State and recognised by that Member State or considered as such in accordance with national law or whose courses of study or training are recognised in accordance with national law or administrative practice, regardless of what such an establishment may be called, or any institution which, in accordance with national law or practice, offers vocational education or training;

Or. en

Amendment 838

Annalisa Tardino

Proposal for a regulation

Article 2 – paragraph 1 – point p

Text proposed by the Commission

Amendment

(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s control;

(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities;

Or. en

Amendment 839

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

Proposal for a regulation

Article 2 – paragraph 1 – point p

Text proposed by the Commission

Amendment

(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without authorisation from the competent authorities or by failing to appear when summoned by the competent authorities, for reasons which are not beyond the applicant’s control;

Or. en

Amendment 840

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

Proposal for a regulation

Article 2 – paragraph 1 – point p

Text proposed by the Commission

Amendment

(p) ‘absconding’ means the intentional action by which an applicant does not remain available to the competent administrative or judicial authorities, for reasons which are not beyond the applicant’s control;

Or. en

Amendment 841

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

Article 2 – paragraph 1 – point p

Text proposed by the Commission

Amendment

(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by repeatedly failing to respond to official requests or by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s control;

Or. en

Amendment 842

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 1 – point p

Text proposed by the Commission

Amendment

(p) ‘absconding’ means the action by which a person does not remain available to the competent administrative or judicial authorities, such as failure to notify absence from a particular accommodation centre, or assigned area or residence;

Or. en

Amendment 843

Lena Düpont

Proposal for a regulation

Article 2 – paragraph 1 – point p

Text proposed by the Commission

Amendment

(p) ‘absconding’ means the active or passive action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s control;

Or. en

Amendment 844

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

Proposal for a regulation

Article 2 – paragraph 1 – point q

Text proposed by the Commission

Amendment

(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national law to believe that an applicant who is subject to a transfer procedure may abscond;

(q) ‘risk of absconding’ means the proven existence of specific reasons and circumstances in an individual case, following an individual assessment which is based on an exhaustive list of objective and specific criteria defined by national law and in line with standards developed by the European Union Agency for Fundamental Rights to believe that an applicant who is subject to a transfer procedure may abscond, not including criteria of a general nature such as merely being an applicant within the meaning of [APR Regulation], or one's nationality;

Or. en

Amendment 845

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point q

Text proposed by the Commission

Amendment

(q) ‘risk of absconding’ means the proven existence of specific reasons and circumstances in an individual case, following an individual assessment based on objective and specific criteria in accordance with standards developed by the European Union Agency for Fundamental Rights and in line with national law, not including criteria of a general nature such as merely being an applicant within the meaning of Regulation (EU).../...[Procedures Regulation], or one’s nationality, to believe that an applicant who is subject to a transfer procedure may abscond;

Or. en

Amendment 846

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

Proposal for a regulation

Article 2 – paragraph 1 – point q

Text proposed by the Commission

Amendment

(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective and common criteria, clearly defined, to believe that an applicant who is subject to a transfer procedure may abscond. Such criteria shall be defined pursuant to the procedure in Article 2a;

Or. en

Amendment 847

Proposal for a regulation

Article 2 – paragraph 1 – point q

Text proposed by the Commission

Amendment

(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria clearly defined by law in the light of specific circumstances of the persons involved;

Or. en

Justification

For the sake of coherence with the recast Return Directive.

Amendment 848

Nadine Morano

Proposal for a regulation

Article 2 – paragraph 1 – point q a (new)

Text proposed by the Commission

Amendment

(qa) ‘unauthorised movement’ means an irregular movement by applicants while their applications are being examined by the Member State responsible;

Or. fr

Amendment 849

Nicola Procaccini

Proposal for a regulation

Article 2 – paragraph 1 – point r

Text proposed by the Commission

Amendment

(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in Chapters I-III of Part IV of this Regulation;

deleted

Or. en

Amendment 850

Nadine Morano

Proposal for a regulation

Article 2 – paragraph 1 – point r

Text proposed by the Commission

Amendment

(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure;

Or. fr

Amendment 851

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 1 – point r

Text proposed by the Commission

Amendment

(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure,

Or. en

Amendment 852

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

Proposal for a regulation

Article 2 – paragraph 1 – point r

Text proposed by the Commission

Amendment

(r) ‘benefitting Member State’ means the Member State benefitting from relocation including after disembarkations following search and rescue operations

Or. en

Amendment 853

Proposal for a regulation

Article 2 – paragraph 1 – point r

Text proposed by the Commission

Amendment

(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure, including following disembarkation and search and rescue activities and operations as set out in Chapters I-III of Part IV of this Regulation;

Or. en

Amendment 854

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point r

Text proposed by the Commission

Amendment

(r) ‘benefitting Member State’ means the Member State benefitting from the voluntary cooperation measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in Chapters I-III of Part IV of this Regulation;

Or. en

Amendment 855

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point r

Text proposed by the Commission

Amendment

(r) ‘benefitting Member State’ means the Member State benefitting from relocation including after the disembarkations following search and rescue operations as set out in Chapters I-III of Part IV of this Regulation;

Or. en

Amendment 856

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point s

Text proposed by the Commission

Amendment

(s) ‘contributing Member State’ means a Member State that contributes or is obliged to contribute to the solidarity measures to a benefitting Member State set out in Chapters I-III of Part IV of this Regulation;

deleted

Or. en

Amendment 857

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

Article 2 – paragraph 1 – point s

Text proposed by the Commission

Amendment

(s) ‘contributing Member State’ means a Member State that contributes;

Or. en

Amendment 858

Nicola Procaccini

Proposal for a regulation

Article 2 – paragraph 1 – point s

Text proposed by the Commission

Amendment

(s) ‘contributing Member State’ means a Member State that contributes to the distribution measure set out in Chapter I of Part IV of this Regulation;

Or. en

Amendment 859

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

Proposal for a regulation

Article 2 – paragraph 1 – point s

Text proposed by the Commission

Amendment

(s) ‘contributing Member State’ means a Member State that contributes, on a voluntary basis through the discretionary clause or additional pledges, or is obliged to contribute to relocation from a benefitting Member State

Or. en

Amendment 860

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point s

Text proposed by the Commission

Amendment

(s) ‘contributing Member State’ means a Member State that contributes or is obliged to contribute to relocation from a benefitting Member State set out in Chapters I-III of Part IV of this Regulation;

Or. en

Amendment 861

Proposal for a regulation

Article 2 – paragraph 1 – point t

Text proposed by the Commission

Amendment

(t) ‘sponsoring Member State’ means a Member State that commits to return illegally staying third-country nationals to the benefit of another Member State, providing the return sponsorship referred to in Article 55 of this Regulation;

deleted

Or. en

Amendment 862

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

Proposal for a regulation

Article 2 – paragraph 1 – point t

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 863

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point t

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 864

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

Proposal for a regulation

Article 2 – paragraph 1 – point t a (new)

Text proposed by the Commission

Amendment

(ta) ‘transfer’ means the action and practical arrangements to complete a decision of take charge or take back from the Member State where an applicant is present to the Member State responsible according to Article 26 of this Regulation.;

Or. en

Amendment 865

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 2 – paragraph 1 – point u

Text proposed by the Commission

Amendment

(u) ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting Member State to the territory of a contributing Member State;

(u) ‘relocation’ means the transfer of a third-country national or a stateless person to reception centres located in third country partner states, where their application for international protection will be assessed and where it will be realised in accordance with agreements between Member States and third country partner states;

Or. en

Amendment 866

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

Proposal for a regulation

Article 2 – paragraph 1 – point u

Text proposed by the Commission

Amendment

(u) ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting Member State to the territory of a contributing Member State;

(u) ‘relocation’ means the transfer of a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, from the territory of a benefitting Member State to the territory of a contributing Member State;

Or. en

Amendment 867

Nicola Procaccini

Proposal for a regulation

Article 2 – paragraph 1 – point u

Text proposed by the Commission

Amendment

(u) ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting Member State to the territory of a contributing Member State;

(u) ’distribution’ means the transfer of a third-country national or a stateless person, from processing centres located in partner third countries, where they have been granted the right to international protection, to the territory of a contributing Member State;

Or. en

Amendment 868

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 1 – point u

Text proposed by the Commission

Amendment

(u) ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting Member State to the territory of a contributing Member State;

(u) ‘relocation’ means the transfer of a person who was already granted international protection from the territory of a benefitting Member State to the territory of a contributing Member State with the explicit consent of the contributing Member State;

Or. en

Amendment 869

Proposal for a regulation

Article 2 – paragraph 1 – point u

Text proposed by the Commission

Amendment

(u) ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting Member State to the territory of a contributing Member State;

(u) ‘relocation’ means the transfer of a third-country national or a stateless person, or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State;

Or. en

Amendment 870

Proposal for a regulation

Article 2 – paragraph 1 – point u a (new)

Text proposed by the Commission

Amendment

(ua) the EU Relocation Coordinator is the person appointed by the Commission and defined in Article 13a of this Regulation and Article 2 (f) of the Crisis Regulation

Or. en

Amendment 871

Nadine Morano

Proposal for a regulation

Article 2 – paragraph 1 – point v

Text proposed by the Commission

Amendment

(v) ‘search and rescue operations’ means operations of search and rescue as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979;

deleted

Or. fr

Amendment 872

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point v

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 873

Nicola Procaccini

Proposal for a regulation

Article 2 – paragraph 1 – point v

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 874

Proposal for a regulation

Article 2 – paragraph 1 – point v

Text proposed by the Commission

Amendment

(v) ‘search and rescue operations’ means operations of search and rescue activities as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) 656/20141a;

_________________

1a Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.

Or. en

Amendment 875

Annalisa Tardino

Proposal for a regulation

Article 2 – paragraph 1 – point v

Text proposed by the Commission

Amendment

(v) ‘search and rescue operations’ means operations of search and rescue carried out by Member States competent authorities;

Or. en

Amendment 876

Nicola Procaccini

Proposal for a regulation

Article 2 – paragraph 1 – point w

Text proposed by the Commission

Amendment

(w) ‘migratory pressure’ means a situation where there is a large number of arrivals of third-country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action;

deleted

Or. en

Amendment 877

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point w

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 878

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

Proposal for a regulation

Article 2 – paragraph 1 – point w

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 879

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 2 – paragraph 1 – point w

Text proposed by the Commission

Amendment

(w) ‘migratory pressure’ means a situation whereby the arrival of third country nationals, including as a result of search and rescue operations, places a disproportionate burden on Member States.

Or. en

Amendment 880

Lukas Mandl

Proposal for a regulation

Article 2 – paragraph 1 – point w

Text proposed by the Commission

Amendment

(w) ‘migratory pressure’ means a situation, which generates migratory movements that place a disproportionate burden on Member States, even on well-prepared asylum and reception systems and requires immediate action;

Or. en

Justification

The definition of migratory pressure should not be dependent on the fulfilment of legal obligations or geographical locations but rather on the real situation on the ground.

Amendment 881

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

Proposal for a regulation

Article 2 – paragraph 1 – point w

Text proposed by the Commission

Amendment

(w) ‘migratory pressure’ means a situation where there is a certain number of arrivals of third-country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action and which causes the Member State concerned not to be able to fulfil its legal obligations under the Common European Asylum System;

Or. en

Amendment 882

Proposal for a regulation

Article 2 – paragraph 1 – point w

Text proposed by the Commission

Amendment

(w) ‘migratory pressure’ means a situation where one or more Member States face a constant level of arrival of third country nationals, including due to disembarkation in the context of search and rescue operations, which would undermine the efficient functioning of the procedures foreseen in Article 14 and 45 of this Regulation;

Or. en

Amendment 883

Damien Carême

Proposal for a regulation

Article 2 – paragraph 1 – point w

Text proposed by the Commission

Amendment

(w) ‘risk of pressure on the asylum or reception system’ means a situation where the capacity of a Member State’s asylum or reception system is nearing its limits, including where there is a likelihood of large number of arrivals of third-country nationals or stateless persons, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a disproportionate responsibility even on well-prepared asylum and reception systems and requires swift action;

Or. en

Amendment 884

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 2 – paragraph 1 – point w

Text proposed by the Commission

Amendment

(w) ‘migratory pressure’ means a situation whereby the arrival of third-country nationals, including as a result of search and rescue operations, places a disproportionate burden even on well-prepared asylum and migration systems, which may cause the Member State concerned not being able to fulfil its legal obligations, in particular those laid down in this Regulation, Regulation (EU) xxx/xxx [Screening Regulation], Regulation (EU) xxx/xxx [Asylum Procedure Regulation], and the Directive xxx/xxx [Return Directive];

Or. en

Amendment 885

Cyrus Engerer

Proposal for a regulation

Article 2 – paragraph 1 – point w

Text proposed by the Commission

Amendment

(w) ‘migratory pressure’ means a situation where one or more Member States face a constant, individual, level of arrivals of third country nationals, including due to disembarkation in the context of search and rescue operations, which would undermine the efficient functioning of procedures foreseen in Article 14 and 45 of this Regulation for an individual Member State;

Or. en

Amendment 886

Annalisa Tardino

Proposal for a regulation

Article 2 – paragraph 1 – point w

Text proposed by the Commission

Amendment

(w) ‘migratory pressure’ means a situation where there is a large number of arrivals of third-country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden at national or local level on asylum and reception systems and requires immediate action;

Or. en

Amendment 887

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 2 – paragraph 1 – point w a (new)

Text proposed by the Commission

Amendment

(wa) 'risk of migratory pressure' means the risk of a disproportionate burden even on well-prepared asylum and migration system in a Member State, following the anticipation of arrivals of third country nationals, which risk placing the Member State under migratory pressure;

Or. en

Amendment 888

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

Article 2 – paragraph 1 – point w a (new)

Text proposed by the Commission

Amendment

(wa) ‘massive illegal migration threat’ means a situation where there is a large number of illegal migrants, or a risk of such individuals appearing, in a Member State and the specific developments in third countries which generate mass illegal migration flows;

Or. en

Amendment 889

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point x

Text proposed by the Commission

Amendment

(x) ‘resettled or admitted person’ means a person who has been accepted by a Member State for admission pursuant to Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or under a national resettlement scheme outside the framework of that Regulation;

(x) ‘resettled or admitted person’ means a person who has been accepted by a Member State or a third country partner state for processing of claims of need for international protection;

Or. en

Amendment 890

Charlie Weimers

Proposal for a regulation

Article 2 – paragraph 1 – point y

Text proposed by the Commission

Amendment

(y) ‘Asylum Agency’ means the European Union Agency for Asylum as established by Regulation (EU) XXX/XXX [European Union Asylum Agency];

deleted

Or. en

Amendment 891

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

Proposal for a regulation

Article 2 – paragraph 1 – point y a (new)

Text proposed by the Commission

Amendment

(ya) ‘reception conditions’ means the reception conditions, as defined in Article 2(6) of Directive (EU) XXX/XXX [Reception Conditions Directive];

Or. en

Amendment 892

Proposal for a regulation

Article 2 – paragraph 1 – point z

Text proposed by the Commission

Amendment

(z) ‘return decision’ means an administrative or judicial decision or act stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to return that respects Directive 2008/115/EC of the European Parliament and of the Council54 ;

(z) ‘return decision’ means an administrative or judicial decision or act stating or declaring the stay of a third-country national to be irregular and imposing or stating an obligation to return pursuant to Directive 2008/115/EC of the European Parliament and of the Council54 ;

_________________

54 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.

Or. en

Amendment 893

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

Article 2 – paragraph 1 – point aa

Text proposed by the Commission

Amendment

(aa) ‘illegally staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State.

Or. en

Amendment 894

Proposal for a regulation

Article 2 – paragraph 1 – point aa

Text proposed by the Commission

Amendment

(aa) ‘irregularly staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State.

Or. en

Amendment 895

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

Proposal for a regulation

Article 2 – paragraph 1 – point aa

Text proposed by the Commission

Amendment

Or. en

Amendment 896

Annalisa Tardino

Proposal for a regulation

Article 2 – paragraph 1 – point aa a (new)

Text proposed by the Commission

Amendment

(aaa) 'asylum processing centre' means a facility located in a third country where EU staff registers and processes asylum applications lodged by third country nationals in accordance with Union and national law.

Or. en

Amendment 897

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

Proposal for a regulation

Article 2 a (new)

Text proposed by the Commission

Amendment

Article 2a

Procedure for defining common criteria of the risk of absconding to a decision of transfer

1. The Commission shall determine common European criteria for determining the ‘risk of absconding’ to a decision of transfer, as referred to in Article 2(q), by means of a delegated act no later than four months after the entry into force of the present Regulation. Such criteria shall not include criteria of a general nature such as merely being an applicant or one’s nationality.

As a transitory measure, the Member States shall continue to use the criteria provided in their national law.

2. In application to the first paragraph, the Commission shall work closely with national competent authorities and the Asylum Agency.

Or. en

Amendment 898

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

Proposal for a regulation

Part II – title

Text proposed by the Commission

Amendment

II COMMON FRAMEWORK FOR ASYLUM AND MIGRATION MANAGEMENT

II COMMON ASYLUM POLICIES

Or. en

Amendment 899

Damien Carême

Proposal for a regulation

Part II – title

Text proposed by the Commission

Amendment

II COMMON FRAMEWORK FOR ASYLUM AND MIGRATION MANAGEMENT

II COMMON FRAMEWORK FOR ASYLUM

Or. en

Amendment 900

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Part II – title

Text proposed by the Commission

Amendment

II COMMON FRAMEWORK FOR ASYLUM AND MIGRATION MANAGEMENT

II COMMON FRAMEWORK FOR ASYLUM AND MIGRATION

Or. en

Amendment 901

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

Proposal for a regulation

Article 3 – title

Text proposed by the Commission

Amendment

Comprehensive approach to asylum and migration management

Comprehensive approach and integrated policy-making to asylum and migration management

Or. en

Amendment 902

Damien Carême

Proposal for a regulation

Article 3 – title

Text proposed by the Commission

Amendment

Comprehensive approach to asylum and migration management

Comprehensive approach to asylum

Or. en

Amendment 903

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – title

Text proposed by the Commission

Amendment

Comprehensive approach to asylum and migration management

Comprehensive approach to asylum and migration

Or. en

Amendment 904

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

Proposal for a regulation

Article 3 – title

Text proposed by the Commission

Amendment

Comprehensive approach to asylum and migration management

Common actions in the field of asylum

Or. en

Amendment 905

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

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Union and the Member States shall take actions in the field of asylum and migration management on the basis of a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components:

1. The Union and the Member States shall take actions in the field of asylum and migration management on the basis of a comprehensive approach as well as a principle of integrated policy-making, in order to address the entirety of the migratory routes of third-country nationals and to ensure coherence of asylum and migration management policies, including both the internal and external component.

2. This approach shall consist of the following components:

Or. en

Amendment 906

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

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Union and the Member States shall take common actions in the field of asylum, addressing in particular the following:

Or. en

Amendment 907

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Union and the Member States shall take actions in the field of asylum and migration management on the basis of compliance with its existing commitments under EU and international law and, a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components:

Or. en

Amendment 908

Juan Ignacio Zoido Álvarez

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Or. es

Amendment 909

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Union and the Member States shall take actions in the field of asylum and migration on the basis of a comprehensive approach and with full respect to national competences. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration flows to the European Union, and shall consist of the following components:

Or. en

Amendment 910

Damien Carême

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Union and the Member States shall take actions in the field of asylum on the basis of compliance with existing commitments under international and EU law and a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and shall consist of the following components:

Or. en

Amendment 911

Charlie Weimers

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States and the Union shall take actions in the field of asylum and migration management on the basis of a comprehensive and voluntary approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components:

Or. en

Amendment 912

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

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Each Member State should take firm action to combat illegal migration and to ensure the safe return of all illegal migrants, as well as to support to uphold the sanctity of the institution of asylum by ensuring to end asylum fraud. The support provided shall consist of the following components:

Or. en

Amendment 913

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmission;

deleted

Or. en

Amendment 914

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

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 915

Nadine Morano

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including measures to tackle irregular migration and its root causes, measures to combat migrant smuggling and measures on readmission;

Or. fr

Amendment 916

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

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) addressing illegal migration with relevant third countries, supporting countries hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting illegal migration and migrant trafficking and smuggling, and enhancing cooperation on readmission, including making development aid to third countries conditional upon the effective implementation of readmission agreements1a; the Commission shall, in this regard, ensure that, in all its dealings with the authorities of third countries, it supports all initiatives and policies of the Member States aimed at combatting illegal immigration, returning illegal migrants, countering the weaponisation of illegal migrants, and preventing asylum fraud;

_________________

1a Particularly in accordance with resolution of the European Parliament of 25 November 2020 on improving development effectiveness and the efficiency of aid.

Or. en

Amendment 917

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) cooperation with relevant third countries, in particular on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting smuggling and human trafficking, and enhancing cooperation on readmission, in full respect of international law and the objectives set out in Article 21 TEU, as well as the Global Compact on Refugees and the Global Compact for Safe Orderly and Regular Migration;

Or. en

Amendment 918

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) mutually-beneficial partnerships and close cooperation with relevant third countries, addressing the root causes of illegal migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting illegal migration and migrant smuggling, and enhancing cooperation on readmission;

Or. en

Amendment 919

Damien Carême

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) cooperation with relevant third countries, in particular on resettlement and other legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the drivers of irregular migration and forced displacement, supporting partners hosting large numbers of migrants and refugees in need of protection and building their reception capacity, and preventing and combatting smuggling, and human trafficking, in full respect of international law and the objectives set out in Article 21 TEU, as well as the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration;

Or. en

Amendment 920

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including setting up third country reception centres to process asylum requests and host those granted international protection and addressing the root causes of illegal migration, supporting non-aggressive partners hosting large numbers of migrants and refugees in need of protection, preventing and combatting illegal migration, migrant smuggling, human trafficking and enhancing cooperation on returns;

Or. en

Amendment 921

Juan Ignacio Zoido Álvarez

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their operational capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmission;

Or. es

Amendment 922

Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) Partnerships and close cooperation with relevant third countries, addressing the root causes of irregular migration and making aid and development funds conditional to clear commitments to contain irregular migratory flows as well supporting partners hosting large numbers of migrants and refugees and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, enhancing cooperation on readmission and preventing departures and illegal border crossings;

Or. en

Amendment 923

Nicola Procaccini

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for beneficiaries of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmission;

Or. en

Amendment 924

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

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) close cooperation and mutual partnership among Union institutions and bodies, Member States and international organisations;

(b) close cooperation between Member States, and if so requested, assisted where necessary by the Commission; the Commission shall ensure that it supports the Member States' efforts in all international fora such as, but not limited to, the United Nations and the OSCE;

Or. en

Amendment 925

Charlie Weimers

Proposal for a regulation

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) close cooperation and mutual partnership among Union institutions and bodies, Member States and international organisations;

(b) close voluntary cooperation and mutual partnership among Member States, assisted and supported by Union institutions and bodies, and other international organisations;

Or. en

Amendment 926

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) close cooperation and mutual partnership among Union institutions and bodies, Member States and international organisations;

(b) close cooperation and mutual partnership among Union institutions and bodies, Member States and international organisations with full respect to national competences;

Or. en

Amendment 927

Proposal for a regulation

Article 3 – paragraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 928

Charlie Weimers

Proposal for a regulation

Article 3 – paragraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 929

Damien Carême

Proposal for a regulation

Article 3 – paragraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 930

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

Proposal for a regulation

Article 3 – paragraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 931

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

Article 3 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) respect for the sovereignty of Member States and recognition that border protection and the decision to grant or refuse visas for third country nationals is a national competence;

Or. en

Amendment 932

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

Proposal for a regulation

Article 3 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) effective management and prevention of irregular migration;

deleted

Or. en

Amendment 933

Proposal for a regulation

Article 3 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) effective management and prevention of irregular migration;

deleted

Or. en

Amendment 934

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 3 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) effective management and prevention of irregular migration;

(d) effective measures to prevent illegal migration and illegal entry into the territories of Member States including by way of physically sealing the border, refusing asylum to those that enter illegally, Member States joint naval missions in the Mediterranean, aimed at deterring, preventing and stopping illegal departures and arrivals from third countries as well as to provide for immediate escort to ports of origin for any vessel enabling illegal entry of migrants into a Member State of the European Union;

Or. en

Amendment 935

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

Article 3 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) effective management and prevention of irregular migration;

(d) effective prevention of illegal migration and support from the Commission to ensure that any funds received including development and/or emergency aid is strictly conditioned on full compliance with all requests from Member States in their work to end illegal migration;

Or. en

Amendment 936

Nicola Procaccini

Proposal for a regulation

Article 3 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) effective management and prevention of irregular migration;

(d) effective combat and prevention of illegal migration based on migratory containment operations, including EU’s naval missions in the Mediterranean aimed at preventing and deterring illegal departures of migrants from third countries;

Or. en

Amendment 937

Damien Carême

Proposal for a regulation

Article 3 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) effective management and prevention of irregular migration;

(d) creation and expansion of safe routes to seek protection and the reduction of irregular and unsafe migration;

Or. en

Amendment 938

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

Proposal for a regulation

Article 3 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) effective management and prevention of irregular migration;

(d) effective management and prevention of irregular migration within and outside the EU;

Or. en

Amendment 939

Lena Düpont

Proposal for a regulation

Article 3 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) effective management and prevention of irregular migration;

(d) effective management and prevention of irregular migration and secondary movement;

Or. en

Amendment 940

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) effective management and prevention of irregular migration;

(d) effective prevention of illegal migration;

Or. en

Amendment 941

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

Proposal for a regulation

Article 3 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

(da) effective actions for preventing and combatting migrant smuggling and human trafficking within and outside the EU;

Or. en

Amendment 942

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

Proposal for a regulation

Article 3 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) effective management of the Union’s external borders, based on the European integrated border management;

deleted

Or. en

Amendment 943

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) effective management of the Union’s external borders, based on the European integrated border management;

(e) effective protection of the Union’s external borders, based on the European integrated border management, including search and rescue operations, and ensuring adequate Union funding to the protection of the EU’s external borders, also covering the additional costs of physical barriers;

Or. en

Amendment 944

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

Article 3 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) effective management of the Union’s external borders, based on the European integrated border management;

(e) effective management of the Union’s external borders, based on the European integrated border management which includes support to Member States that face severe migratory pressure and, as a result, need to erect physical barriers at the external border of the Union;

Or. en

Amendment 945

Proposal for a regulation

Article 3 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) effective management of the Union’s external borders, based on the European integrated border management;

(e) effective management of the Union’s external borders, through the creation and development of an adequately resourced independent monitoring mechanism in line with Article 18 and 19 of the Charter of Fundamental Rights and the principle of non-refoulement;

Or. en

Amendment 946

Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) effective management of the Union’s external borders, based on the European integrated border management;

(e) effective management of the Union’s external borders, based on the European integrated border management including the construction of new facilities to prevent illegal border crossings and where applicable maritime operations;

Or. en

Amendment 947

Nicola Procaccini

Proposal for a regulation

Article 3 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) effective management of the Union’s external borders, based on the European integrated border management;

(e) effective protection of the Union’s external borders;

Or. en

Amendment 948

Damien Carême

Proposal for a regulation

Article 3 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) effective management of the Union’s external borders, based on the European integrated border management;

(e) effective management of the Union’s external borders which upholds fundamental rights including the right to seek asylum;

Or. en

Amendment 949

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 3 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) effective management of the Union’s external borders, based on the European integrated border management;

(e) effective protection of the Union’s external borders, including by erecting physical barriers where needed;

Or. en

Amendment 950

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) full respect of the obligations laid down in international and European law concerning persons rescued at sea;

deleted

Or. en

Amendment 951

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

Proposal for a regulation

Article 3 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) full respect of the obligations laid down in international and European law concerning persons rescued at sea;

(f) full respect of the obligations laid down in international and European law concerning persons rescued at sea, including through the funding of a proactive transnational civil Search and Rescue operation in the Central Mediterranean;

Or. en

Amendment 952

Charlie Weimers

Proposal for a regulation

Article 3 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) full respect of the obligations laid down in international and European law concerning persons rescued at sea;

(f) full respect for the national laws of EU Member States in the interpretation of any obligations relating to or stemming from this regulation or European or international law concerning persons rescued at sea;

Or. en

Amendment 953

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

Article 3 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) full respect of the obligations laid down in international and European law concerning persons rescued at sea;

(f) full respect of the obligations laid down in legally binding international instruments concerning persons rescued at sea;

Or. en

Amendment 954

Nadine Morano

Proposal for a regulation

Article 3 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) full respect of the obligations laid down in international and European law concerning persons rescued at sea;

(f) full respect of the obligations laid down in international and European law;

Or. fr

Amendment 955

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 3 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) access to procedures for granting and withdrawing international protection on Union territory and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;

(g) access to procedures for granting and withdrawing international protection on territory of Member States or third country partner states and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection, unless the individual has entered the territory of a Member State illegally or through a safe country;

Or. en

Amendment 956

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

Proposal for a regulation

Article 3 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) access to procedures for granting international protection on Union territory and recognition of third-country nationals or stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Person as refugees or beneficiaries of subsidiary protection;

Or. en

Amendment 957

Damien Carême

Proposal for a regulation

Article 3 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) access to procedures for granting and withdrawing international protection on Union territory and at Union borders, and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;

Or. en

Amendment 958

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

Article 3 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) access to procedures for granting and withdrawing international protection on Union territory and recognition of third-country nationals or stateless persons as refugees;

Or. en

Amendment 959

Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) access to swift procedures for granting and withdrawing international protection on Union territory and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;

Or. en

Amendment 960

Nicola Procaccini

Proposal for a regulation

Article 3 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) access to procedures for granting and withdrawing international protection and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;

Or. en

Amendment 961

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

Proposal for a regulation

Article 3 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

(ga) ensure through proactive measures, that any third-country national or stateless person on their territory, including at the external border, in the territorial sea or in their transit zones or at border crossing points, including transit zones at external borders, can reasonably be expected to apply for international protection in a Member State and are given the effective possibility to be registered in accordance with the provisions of Regulation (EU) XXXX/XX [Asylum procedures Regulation]

Or. en

Amendment 962

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

Article 3 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity;

(h) determination of the Member State responsible for the examination of an application for international protection; if a Member State fails in their primary duty to uphold the integrity of the national border, any and all third country nationals that enter the EU zone for the first time will be that Member Sate's responsibility. If other Member States would like to show solidarity in the defence of that Member State's border, they are encouraged to do so; Member States are especially encouraged to provide support if that Member State's border coincides at any distance with the external border, and that Member State has applied active and robust preparatory measures against illegal migration, the weaponisation of illegal migration, and asylum fraud;

Or. en

Amendment 963

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 3 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity;

(h) determination of the Member State or if Member States or the Union have conducted agreements to this end, the third country partner state responsible for the processing and facilitation of international protection for those granted such status;

Or. en

Amendment 964

Nicola Procaccini

Proposal for a regulation

Article 3 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity;

(h) determination of the Member State responsible for the examination of an application for international protection by a person who has illegally arrived to the territory of the European Union based on predictable rules and criteria;

Or. en

Amendment 965

Proposal for a regulation

Article 3 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity;

(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity, as enshrined in Article 80 the TFEU;

Or. en

Amendment 966

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

Proposal for a regulation

Article 3 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity;

(h) determination of the Member State responsible for the examination of an application for international protection, based on family and other meaningful links, and the automated distribution mechanism for solidarity;

Or. en

Amendment 967

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity;

(h) determination of the Member State responsible for the examination of an application for international protection, based on a fair balance between responsibility and solidarity;

Or. en

Amendment 968

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 3 – paragraph 1 – point h a (new)

Text proposed by the Commission

Amendment

(ha) effective and wide-reaching communication campaigns targeting diaspora communities in the European Union representing the highest proportions of illegal arrivals and strategic communication campaigns targeting potential illegal migrants in source and transit countries with messages deterring potential migrants from considering illegal means of arrival to the Member States of the European Union;

Or. en

Amendment 969

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

Article 3 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) access for applicants to adequate reception conditions;

(i) access for applicants to adequate reception conditions; Member States are encouraged to outsource and locate any asylum reception facilities to an appropriate third country; preferably, the third country shall be located geographically so that the carbon footprint of the facility used is as light as possible and that the investment can benefit the development of the hosting nation; where possible, the location should also be in the proximity of the country of origin to facilitate their return home;

Or. en

Amendment 970

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 3 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) access for applicants to adequate reception conditions;

(i) access for applicants to adequate reception conditions, including housing, food, clothing, health care, education for minors and access to employment as outlined in the Reception Conditions Directive, with specific attention to be made to the needs of vulnerable groups;

Or. en

Amendment 971

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 3 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) access for applicants to adequate reception conditions;

(i) enable Member States to relocate the entire process of application for international protection and the facilitation of such protection to third country partner states by way of bilateral or multilateral agreements;

Or. en

Amendment 972

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

Proposal for a regulation

Article 3 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) access for applicants to adequate reception conditions;

(i) access for applicants to adequate reception conditions, in particular for minors and applicant with specific needs;

Or. en

Amendment 973

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

Proposal for a regulation

Article 3 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) access for applicants to adequate reception conditions;

(i) access for applicants to adequate reception conditions in accordance with the Reception Conditions Directive;

Or. en

Amendment 974

Damien Carême

Proposal for a regulation

Article 3 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) access for applicants to adequate reception conditions;

(i) access for applicants to adequate reception conditions in accordance with [Reception Conditions Directive];

Or. en

Amendment 975

Nicola Procaccini

Proposal for a regulation

Article 3 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) access for applicants to adequate reception conditions;

(i) access for beneficiaries of international protection to adequate reception conditions;

Or. en

Amendment 976

Proposal for a regulation

Article 3 – paragraph 1 – point j

Text proposed by the Commission

Amendment

(j) effective management of the return of illegally staying third-country nationals;

deleted

Or. en

Amendment 977

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

Proposal for a regulation

Article 3 – paragraph 1 – point j

Text proposed by the Commission

Amendment

(j) effective management of the return of illegally staying third-country nationals;

deleted

Or. en

Amendment 978

Damien Carême

Proposal for a regulation

Article 3 – paragraph 1 – point j

Text proposed by the Commission

Amendment

(j) effective management of the return of illegally staying third-country nationals;

deleted

Or. en

Amendment 979

Charlie Weimers

Proposal for a regulation

Article 3 – paragraph 1 – point j

Text proposed by the Commission

Amendment

(j) effective management of the return of illegally staying third-country nationals;

(j) effective measures to assist Member States in their efforts to return illegally staying third-country nationals;

Or. en

Amendment 980

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

Article 3 – paragraph 1 – point j

Text proposed by the Commission

Amendment

(j) effective management of the return of illegally staying third-country nationals;

(j) effective and swift return of illegally staying third-country nationals;

Or. en

Amendment 981

Balázs Hidvéghi

Proposal for a regulation

Article 3 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the Member States;

deleted

Or. en

Amendment 982

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

Article 3 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the Member States;

(k) effective measures to ensure that refugees are hosted in the region close to their country of origin, and in cases where refugees have been granted asylum in a Member State, effective measures to ensure that those who have been granted international protection can return to their country of origin once it is safe to do so;

Or. en

Amendment 983

Charlie Weimers

Proposal for a regulation

Article 3 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the Member States;

(k) effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the Member States or third country partner states;

Or. en

Amendment 984

Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the Member States;

(k) effective measures to support to the integration of beneficiaries of international protection in the Member States;

Or. en

Amendment 985

Proposal for a regulation

Article 3 – paragraph 1 – point l

Text proposed by the Commission

Amendment

(l) measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the Union, including illegal employment;

deleted

Or. en

Amendment 986

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

Proposal for a regulation

Article 3 – paragraph 1 – point l

Text proposed by the Commission

Amendment

(l) measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the Union, including illegal employment;

deleted

Or. en

Amendment 987

Damien Carême

Proposal for a regulation

Article 3 – paragraph 1 – point l

Text proposed by the Commission

Amendment

(l) measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the Union, including illegal employment;

deleted

Or. en

Amendment 988

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 3 – paragraph 1 – point l

Text proposed by the Commission

Amendment

(l) measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the Union, including illegal employment;

(l) measures aimed at eliminating the enabling factors of illegal migration to and illegal stay in the Member States of the European Union, including smuggling facilitators and illegal employment as well as wide-reaching anti-people smuggling campaigns informing migrants that no-one who enters the EU illegally will ever make the EU their home as all asylum applications from those having entered illegally will automatically be rejected;

Or. en

Amendment 989

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

Article 3 – paragraph 1 – point l

Text proposed by the Commission

Amendment

(l) measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the Union, including illegal employment;

(l) measures aimed at reducing and tackling the enabling and pull factors of illegal migration to and illegal stay in the Union, including illegal employment, asylum fraud, as well as conditions that enable third countries to weaponise migration;

Or. en

Amendment 990

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – paragraph 1 – point l

Text proposed by the Commission

Amendment

(l) measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the Union, including illegal employment;

(l) measures aimed at reducing and tackling the enabling factors of illegal migration to and illegal stay in the Union, including illegal employment;

Or. en

Amendment 991

Proposal for a regulation

Article 3 – paragraph 1 – point m

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 992

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

Article 3 – paragraph 1 – point m

Text proposed by the Commission

Amendment

(m) full deployment and use of the operational tools set up at Union level, notably the European Border and Coast Guard Agency, the Asylum Agency, EU-LISA and Europol, as well as large-scale Union Information Technology systems to offer any assistance requested by the Member States to combat illegal migration, asylum fraud and hybrid attacks on the Member States;

Or. en

Amendment 993

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

Proposal for a regulation

Article 3 – paragraph 1 – point m

Text proposed by the Commission

Amendment

(m) full deployment and use of the operational tools of the Asylum Agency

Or. en

Amendment 994

Damien Carême

Proposal for a regulation

Article 3 – paragraph 1 – point m

Text proposed by the Commission

Amendment

(m) full deployment and use of the operational tools of the Asylum Agency;

Or. en

Amendment 995

Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 1 – point m

Text proposed by the Commission

Amendment

(m) full deployment and use of the operational and physical tools set up at Union level, notably the European Border and Coast Guard Agency, the Asylum Agency, EU-LISA and Europol, as well as large-scale Union Information Technology systems;

Or. en

Amendment 996

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

Proposal for a regulation

Article 3 – paragraph 1 – point n

Text proposed by the Commission

Amendment

(n) full implementation of the European framework for preparedness and management of crisis.

deleted

Or. en

Amendment 997

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 3 – paragraph 1 – point n a (new)

Text proposed by the Commission

Amendment

(na) Full implementation of agreements under which every state receiving any funds from the European Union must agree in advance of receipt of any funds to accept returning migrants from the Member States of the European Union and any partner states with which Member States have concluded agreements to facilitate such returns.

Or. en

Amendment 998

Juan Ignacio Zoido Álvarez

Proposal for a regulation

Article 3 – paragraph 1 – point n a (new)

Text proposed by the Commission

Amendment

(na) full deployment and use of the EU’s financial instruments in a flexible manner and tailored to the circumstances that might arise, in order to take the measures needed to apply this common framework.

Or. es

Amendment 999

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

Proposal for a regulation

Article 4

Text proposed by the Commission

Amendment

Article 4

deleted

Principle of integrated policy-making

1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.

3. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure.

Or. en

Justification

Moved to Articles 3 and 5a

Amendment 1000

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

Proposal for a regulation

Article 4 – title

Text proposed by the Commission

Amendment

Principle of integrated policy-making

Better integrated policy-making

Or. en

Amendment 1001

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

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.

deleted

Or. en

Amendment 1002

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.

1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies in consultation with and with full respect for the competencies of the EU and Member State institutions and agencies responsible for external policies.

Or. en

Amendment 1003

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

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.

1. The Union and Member States shall, as far as possible and within the limits of proportionality and subsidiarity, with full respect for the sovereignty of Member States, ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.

Or. en

Amendment 1004

Damien Carême

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.

1. The Union and Member States shall ensure the coherence of asylum policies.

Or. en

Amendment 1005

Charlie Weimers

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.

1. The Union shall do its utmost to always respect Member States competences with regard to asylum and migration management policies, including both the internal and external components of such policies.

Or. en

Amendment 1006

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.

1. The Union and Member States shall ensure coherence of asylum and migration policies, including both the internal and external components of those policies with full respect to national competences.

Or. en

Amendment 1007

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

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member States shall ensure the protection of their external borders against any and all foreign incursions, including illegal migration, hybrid attacks and asylum fraud.

Or. en

Amendment 1008

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.

deleted

Or. en

Amendment 1009

Juan Ignacio Zoido Álvarez

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3.

Or. es

Amendment 1010

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

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum policies that comply fully with EU and international law, including with regard to fundamental rights.

Or. en

Amendment 1011

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

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.

2. The Member States, assisted by the Union and in full respect of the sovereignty of the Member States, shall be responsible for the implementation of the asylum and migration management policies.

Or. en

Amendment 1012

Charlie Weimers

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.

2. Member States and the Union acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.

Or. en

Amendment 1013

Damien Carême

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of asylum policies.

Or. en

Amendment 1014

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.

2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration policies.

Or. en

Amendment 1015

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

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States, shall ensure that they have the capacity to effectively prevent illegal migration, as well as to deter asylum fraud and the weaponisation of migration;

Or. en

Amendment 1016

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

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States, with the support of the Asylum Agency, shall ensure that they have the capacity to effectively implement asylum policies, including the necessary human and financial resources and infrastructure.

Or. en

Amendment 1017

Damien Carême

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum policies, in full compliance with their obligations under EU and international law, including with regard to fundamental rights, including the necessary human and financial resources and infrastructure.

Or. en

Amendment 1018

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure.

Or. en

Amendment 1019

Nicola Procaccini

Proposal for a regulation

Article 5 – title

Text proposed by the Commission

Amendment

Principle of solidarity and fair sharing of responsibility

Principle of sincere cooperation

Or. en

Amendment 1020

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

Article 5 – title

Text proposed by the Commission

Amendment

Principle of solidarity and fair sharing of responsibility

Principle of voluntary solidarity

Or. en

Amendment 1021

Charlie Weimers

Proposal for a regulation

Article 5 – title

Text proposed by the Commission

Amendment

Principle of solidarity and fair sharing of responsibility

Principle of voluntary cooperation

Or. en

Amendment 1022

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

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:

1. In implementing their obligations, the Member States shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:

Or. en

Amendment 1023

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility, as enshrined in Article 80 of the TFEU, and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:

Or. en

Amendment 1024

Charlie Weimers

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. In implementing their voluntary obligations, the Member States shall assist by voluntary means, each other in carrying out tasks including some aspects of asylum and migration mitigation policies. Member States shall:

Or. en

Amendment 1025

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

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility referred to in Article 80 TFEU and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies.

Or. en

Amendment 1026

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

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Or. en

Amendment 1027

Damien Carême

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Or. en

Amendment 1028

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Or. en

Amendment 1029

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

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

Moved to Article 5a.

Amendment 1030

Lena Düpont

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally staying; ensure that sufficient funding and qualified and well-trained staff is allocated in all circumstances; request support from Union bodies, offices and agencies for that purpose.

Or. en

Amendment 1031

Charlie Weimers

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, either in Member States or third country partner states, facilitate protection in third country reception centres for those who are genuinely in need of international protection and ensure the return of those who are illegally staying;

Or. en

Amendment 1032

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

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures as well as national protection procedures if those provide better protection, grant such protection to those who are in need and ensure the return of those who are irregularly staying;

Or. en

Amendment 1033

Damien Carême

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) establish and maintain national asylum systems that provide access to international protection procedures, grant such protection to those who are in need and provide and invest in adequate reception, including measures to protect those with special reception needs;

Or. en

Amendment 1034

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) establish and maintain national asylum and migration management systems that provide access to international and national protection procedures, grant such protection to those who are in need and ensure the dignified return to those who are irregularly staying;

Or. en

Amendment 1035

Annalisa Tardino

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

Or. en

Amendment 1036

Caterina Chinnici, Javier Moreno Sánchez

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

Or. en

Amendment 1037

Nadine Morano

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

Or. fr

Amendment 1038

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

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) establish and maintain national asylum and migration management systems that provide access to asylum procedures, grant such protection to those who are in need and ensure the effective and immediate return of those who are illegally staying;

Or. en

Amendment 1039

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) establish and maintain national asylum and migration systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the swift return of those who are illegally staying;

Or. en

Amendment 1040

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

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) establish and maintain national asylum systems that provide access to international protection procedures, and other national protection procedures offering a right to stay for compassionate, humanitarian or other reasons;

Or. en

Amendment 1041

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

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling;

deleted

Or. en

Justification

Moved to Article 5a.

Amendment 1042

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

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1043

Damien Carême

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1044

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) take all measures necessary and proportionate, in full compliance with the legal obligation to provide access to asylum procedures, to reduce and prevent irregular migration to the territories of the Member States, with a particular focus given to the creation of safe and legal pathways, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against the smuggling of migrants and human trafficking, while protecting the rights of smuggled and trafficked people;

Or. en

Amendment 1045

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

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) take all measures necessary and proportionate to reduce and prevent illegal migration to the territories of the Member States, in close cooperation and partnership with relevant third countries by making development aid conditional upon the effective implementation of readmission agreements, including as regards the prevention and fight against migrant smuggling, particularly by NGOs operating under the guise of "search and rescue";

Or. en

Amendment 1046

Annalisa Tardino

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) take all measures necessary to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling; such measures may include criminal law and/or administrative sanctions toward private entities acting as facilitators for illegal migration;

Or. en

Amendment 1047

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) take all measures necessary to ensure genuine and effective access to means of legal entry in cooperation with relevant third countries;

Or. en

Amendment 1048

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

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

Or. en

Amendment 1049

Nicola Procaccini

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) take all measures necessary and proportionate to prevent and deter illegal migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and human trafficking;

Or. en

Amendment 1050

Caterina Chinnici, Javier Moreno Sánchez

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

Or. en

Amendment 1051

Charlie Weimers

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) take all measures necessary to prevent illegal migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and human trafficking;

Or. en

Amendment 1052

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) take all measures necessary and proportionate to prevent illegal migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling;

Or. en

Amendment 1053

Cyrus Engerer

Proposal for a regulation

Article 5 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) inform the European Commission immediately by means of a formal letter when the Member State identifies serious shortcomings in its ability to ensure a national asylum and migration management system of appropriate standard due to migratory pressure following an influx of arrivals into an individual Member State in a short period

Or. en

Amendment 1054

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

Article 5 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) remove any pull factors that attract more illegal migration to the Union or that create migratory pressure on another Member States ' external borders by adapting their domestic law as appropriate;

Or. en

Amendment 1055

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

Proposal for a regulation

Article 5 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) Provide and invest in adequate reception, including measures to protect those with special needs such as children.

Or. en

Amendment 1056

Proposal for a regulation

Article 5 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) provide and invest in adequate reception conditions, including measures to protect those with special needs;

Or. en

Amendment 1057

Caterina Chinnici, Javier Moreno Sánchez

Proposal for a regulation

Article 5 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) Provide and invest in adequate reception, including measures to protect those with special needs.

Or. en

Amendment 1058

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

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III;

deleted

Or. en

Justification

Moved to Article 5a.

Amendment 1059

Charlie Weimers

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1060

Nicola Procaccini

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection to a person who has illegally arrived to the territory of the European Union and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III;

Or. en

Amendment 1061

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 1062

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

Proposal for a regulation

Article 5 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

deleted

Or. en

Justification

Moved to Article 5a.

Amendment 1063

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 5 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

(d) provide support to other Member States in the form of flexible solidarity contributions tailored to the individual capabilities of the Member States, taking into account their national specificities and on the basis of needs set out in Chapters I-III of Part IV;

Or. en

Amendment 1064

Juan Ignacio Zoido Álvarez

Proposal for a regulation

Article 5 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

(d) provide effective support to other Member States in the form of solidarity contributions on the basis of needs set out in Part IV and, where appropriate, the needs of the Member States, ensuring flexible solidarity;

Or. es

Amendment 1065

Charlie Weimers

Proposal for a regulation

Article 5 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

(d) cooperate in the relocation of applicants for international protection to third country reception centres as well as in the return of illegally staying third country nationals;

Or. en

Amendment 1066

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

Article 5 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

(d) provide voluntary support to other Member States in the form of financial or other contributions on the basis of needs set out in Chapters I-III of Part IV;

Or. en

Amendment 1067

Damien Carême

Proposal for a regulation

Article 5 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

(d) provide support to other Member States through solidarity contributions in the form of relocation;

Or. en

Amendment 1068

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

Proposal for a regulation

Article 5 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

(d) provide support to other Member States in the form of relocation on the basis of criteria set out in Chapter II;

Or. en

Amendment 1069

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

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.

deleted

Or. en

Justification

Moved to Article 5a.

Amendment 1070

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

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.

deleted

Or. en

Amendment 1071

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.

deleted

Or. en

Amendment 1072

Damien Carême

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.

(e) take all reasonable and proportionate measures to improve and invest in adequate integration of beneficiaries of international protection.

Or. en

Amendment 1073

Lena Düpont

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.

(e) take all reasonable and proportionate measures to prevent and correct unauthorised and secondary movements between Member States.

Or. en

Amendment 1074

Nadine Morano

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.

(e) take all useful measures to put an end to unauthorised movements between Member States.

Or. fr

Amendment 1075

Charlie Weimers

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.

(e) take all necessary measures to prevent and correct unauthorised movements between Member States.

Or. en

Amendment 1076

Charlie Weimers

Proposal for a regulation

Article 5 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

(ea) ensure that any applicant for international protection shall have their application automatically rejected if they have not come to the European Union directly from a country where their life or freedom was threatened or if in coming from that country, they stopped in another country outside the European Union and they can show that they could not reasonably be expected to have sought protection under the Refugee Convention in that country.

Or. en

Amendment 1077

Juan Ignacio Zoido Álvarez

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [Integrated Border Management Fund].

2. Financial and operational support by the Union, including operational support for its agencies, for the implementation of the obligations shall be provided in accordance with Regulation (EU) XXX/XXX (European Union Asylum Agency), Regulation (EU) 2019/1896 (European Border and Coast Guard), Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [Integrated Border Management Fund].

Or. es

Amendment 1078

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

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) XXX/XXX [Asylum and Migration Fund].

Or. en

Amendment 1079

Damien Carême

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) XXX/XXX [Asylum and Migration Fund].

Or. en

Amendment 1080

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

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) 2021/1147 [Asylum, Migration and Integration Fund] and Regulation (EU) 2021/1148 [Integrated Border Management Fund].

Or. en

Amendment 1081

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

Proposal for a regulation

Article 5 a (new)

Text proposed by the Commission

Amendment

Article 5a

Duties of the Member States and the Union offices, bodies and agencies

The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.

Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure.

In particular, Member States shall:

(d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

(e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.

Or. en

Amendment 1082

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 5 a (new)

Text proposed by the Commission

Amendment

Article 5a

Flexibility with regard to Member States who have agreements in place to relocate the processing of requests for and facilitation of international protection to a third country partner state

1. A third country national claiming need for international protection, that is not registered as an applicant for asylum, shall be transferred to a third country reception centre for processing of his asylum request and possible continued protection in accordance with agreement or praxis established by a Member State and a hosting third country partner state.

2. The Council shall approve by unanimity detailed regulations covering any exemptions of third country nationals from such rules.

3. The cost of transferring the third country national to the partner country shall be borne by the Member State in which the individual currently is located.

Or. en

Amendment 1083

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

Proposal for a regulation

Article 6 – title

Text proposed by the Commission

Amendment

Governance and monitoring of the migratory situation

Monitoring of the implementation of EU asylum acquis and fundamental rights

Or. en

Amendment 1084

Damien Carême

Proposal for a regulation

Article 6 – title

Text proposed by the Commission

Amendment

Governance and monitoring of the migratory situation

Governance and monitoring of the asylum situation

Or. en

Amendment 1085

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall adopt a European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part. The Commission shall transmit the Strategy to the European Parliament and the Council.

deleted

Or. en

Amendment 1086

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

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission should present every year a report on the implementation of EU asylum acquis. The Commission shall transmit the report to the European Parliament and the Council.

Or. en

Amendment 1087

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall adopt a European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part and in EU primary legislation and applicable international law. The Commission shall transmit the Strategy to the European Parliament and the Council.

Or. en

Amendment 1088

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall adopt a long-term European Asylum and Migration Mitigation Strategy on the implementation of Member State cooperation in the field of asylum and migration setting out the ways in which the Union can assist Member States in managing asylum and migration. The Commission shall transmit the Strategy to the European Parliament and the Council as well as to the Nordic Council.

Or. en

Amendment 1089

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

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall adopt a European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and preventing illegal migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part. The Commission shall transmit the Strategy to the European Parliament and the Council.

Or. en

Amendment 1090

Damien Carême

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall adopt a 5-year European Asylum Strategy setting out the strategic approach to ensure access to asylum at Union level and on the implementation of asylum policies in accordance with the principles set out in this Part and in EU primary legislation and applicable international law. The Commission shall transmit the Strategy to the European Parliament and the Council.

Or. en

Amendment 1091

Nicola Procaccini

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall adopt a long-term European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies and setting out the approach to managing asylum and migration at Union level in accordance with the principles set out in this Part. The Commission shall transmit the Strategy to the European Parliament and the Council.

Or. en

Amendment 1092

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2. The European Asylum and Migration Management Strategy shall take into account the following:

deleted

(a) the national strategies of the Member States referred to paragraph 3 of this Article;

(b) information gathered by the Commission under the Commission Recommendation No XXX on an EU Migration Preparedness and Crisis Management Mechanism hereinafter referred to as Migration Preparedness and Crisis Blueprint; the reports issued under that framework as well as the activities of the Migration Preparedness and Crisis Management Network;

(d) information gathered in the course of evaluations undertaken in the Schengen evaluation and monitoring mechanism in accordance with Article 4 of Regulation (EU) No 1053/201355 .

_________________

55 Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen, OJ L 295, 6.11.2013, p. 27.

Or. en

Amendment 1093

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

Proposal for a regulation

Article 6 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The European Asylum and Migration Management Strategy shall take into account the following:

2. The European Asylum report shall take into account the following:

Or. en

Amendment 1094

Damien Carême

Proposal for a regulation

Article 6 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The European Asylum and Migration Management Strategy shall take into account the following:

2. The European Asylum Strategy shall take into account the following:

Or. en

Amendment 1095

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

Article 6 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the national strategies of the Member States referred to paragraph 3 of this Article;

deleted

Or. en

Amendment 1096

Charlie Weimers

Proposal for a regulation

Article 6 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the national strategies of the Member States referred to paragraph 3 of this Article;

(a) the national strategies of the Member States referred to paragraph 3 of this Article and any efforts endorsed by national parliaments to address migration pressures such as a zero-vision or net-minus for migration;

Or. en

Amendment 1097

Damien Carême

Proposal for a regulation

Article 6 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the national strategies of the Member States referred to paragraph 3 of this Article;

(a) the national strategies of the Member States referred to paragraph 3 of this Article, and their compliance with EU and international law;

Or. en

Amendment 1098

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 6 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the national strategies of the Member States referred to paragraph 3 of this Article;

(a) the national strategies of the Member States referred to paragraph 3 of this Article and their compliance with EU and international law;

Or. en

Amendment 1099

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

Proposal for a regulation

Article 6 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the national strategies of the Member States referred to paragraph 3 of this Article;

(a) the national legislations of the Member States;

Or. en

Amendment 1100

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

Proposal for a regulation

Article 6 – paragraph 2 – point b

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1101

Damien Carême

Proposal for a regulation

Article 6 – paragraph 2 – point b

Text proposed by the Commission

Amendment

Or. en

Amendment 1102

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 6 – paragraph 2 – point b

Text proposed by the Commission

Amendment

Or. en

Amendment 1103

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

Article 6 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) relevant reports and analyses from Union and other international agencies; in this regard the Member States shall consider setting up a migratory observatory as a permanent function within the OSCE in order to have a better understanding of illegal flows of third country nationals and hybrid warfare preparations that weaponise third country nationals through asylum fraud and other methods in relation to illegal migration.

Or. en

Amendment 1104

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

Proposal for a regulation

Article 6 – paragraph 2 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 1105

Charlie Weimers

Proposal for a regulation

Article 6 – paragraph 2 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 1106

Proposal for a regulation

Article 6 – paragraph 2 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 1107

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

Proposal for a regulation

Article 6 – paragraph 2 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 1108

Proposal for a regulation

Article 6 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) information gathered in the course of evaluations undertaken in the Schengen evaluation and monitoring mechanism in accordance with Article 4 of Regulation (EU) No 1053/201355 .

deleted

_________________

Or. en

Amendment 1109

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 6 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) information gathered in the course of evaluations undertaken in the Schengen evaluation and monitoring mechanism in accordance with Article 4 of Regulation (EU) No 1053/201355 .

(d) information gathered in the course of evaluations undertaken in the Schengen evaluation and monitoring mechanism in accordance with Article 4 of Regulation (EU) No 1053/201355 ;

_________________

Or. en

Amendment 1110

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

Proposal for a regulation

Article 6 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) information gathered in the course of evaluations undertaken in the Schengen evaluation and monitoring mechanism in accordance with Article 4 of Regulation (EU) No 1053/201355 .

(d) relevant reports and analyses produced by UNHCR, the Council of Europe and other international organisations as well as reports from Civil Society Organisations.

_________________

Or. en

Amendment 1111

Proposal for a regulation

Article 6 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

(da) the information provided by competent international organizations and independent monitoring authorities concerning the respect of the principles and obligations at the EU and international level and the protection of the fundamental rights of applicants to international protection;

Or. en

Amendment 1112

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

Proposal for a regulation

Article 6 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

(da) the evolving jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights

Or. en

Amendment 1113

Damien Carême

Proposal for a regulation

Article 6 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

(da) relevant reports and analyses from international organisations, NGOs and independent bodies

Or. en

Amendment 1114

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 6 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

(da) the evolving jurisprudence of the European courts.

Or. en

Amendment 1115

Damien Carême

Proposal for a regulation

Article 6 – paragraph 2 – point d b (new)

Text proposed by the Commission

Amendment

(db) the evolving jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights

Or. en

Amendment 1116

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

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, 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

_________________

56 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.

Or. en

Amendment 1117

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

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall have national strategies in place to ensure sufficient capacity to protect their borders and for a robust response to illegal migration.

_________________

Or. en

Amendment 1118

Juan Ignacio Zoido Álvarez

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall have national strategies in place that establish the strategic approach to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part, taking into account the specific situation of the Member States, especially their geographical location. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive]. When drawing up these strategies, the Member States will take into account the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, 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.

_________________

Or. es

Amendment 1119

Damien Carême

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency]. Member states shall consult local and regional authorities when establishing their national strategies. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, 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.

_________________

Or. en

Amendment 1120

Charlie Weimers

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States are free to establish national strategies to ensure sufficient capacity for the implementation of an effective asylum and migration mitigation system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies are encouraged to include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming from legislation at national level. They are encouraged to take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, 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], can also be taken into account in these strategies.

_________________

Or. en

Amendment 1121

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

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU) 2021/1147 [Asylum, Migration and Integration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, 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.

_________________

Or. en

Amendment 1122

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

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and the Report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate.

deleted

Or. en

Amendment 1123

Nicola Procaccini

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall adopt annual situational reports setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States.

Or. en

Amendment 1124

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

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States.

Or. en

Amendment 1125

Charlie Weimers

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall adopt a Migration Mitigation Report each year setting out the anticipated evolution of the migratory situation and the actions planned by the Union and the Member States to meet the challenge of increased migratory pressure.

Or. en

Amendment 1126

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

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

The Commission shall also set out the total number of projected solidarity contributions for the upcoming year that would be required to contribute to the needs of the Member States, which are or could be in a situation of migratory pressure, on the basis of the anticipated evolutions of the migratory situation. The report shall indicate the type and share of solidarity contributions required.

Or. en

Amendment 1127

Damien Carême

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall adopt an Asylum Situation Report each year setting out the anticipated evolution of the asylum situation and the preparedness of the Union and the Member States, including any indications that the asylum or reception system of one or more Member States may be at risk of pressure or may become at risk of such pressure in the following 12 months. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and any organisations involved in such operations, and the Report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of unaccompanied minors and other third-country nationals who are in a vulnerable situation and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate. In case an assessment of pressure is subsequently carried out in one or more Member States in line with Article 50, the Asylum Situation Report shall be updated accordingly.

Or. en

Amendment 1128

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall adopt a Migration Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States with regard to external and internal factors influencing migratory flows. The Commission shall build on the inputs by Member States when drawing up the report. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate.

Or. en

Amendment 1129

Juan Ignacio Zoido Álvarez

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States, whose assessments shall be given due consideration, and the Report shall include an indicative estimate of the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate.

Or. es

Amendment 1130

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

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5. The Member States shall establish the national strategies by [one year after the entry into force of this Regulation] at the latest. The first European Asylum and Migration Management Strategy shall be adopted by [18 months after the entry into force of this Regulation] at the latest and the first Migration Management Report shall be issued by [one year after the entry into force of this Regulation] at the latest.

deleted

Or. en

Amendment 1131

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5. The Member States shall establish the national strategies by [one year after the entry into force of this Regulation] at the latest. The first Migration Management Report shall be issued by [one year after the entry into force of this Regulation] at the latest.

Or. en

Amendment 1132

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

Proposal for a regulation

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5. Based on the report, the European Commission should initiate infringement procedures to ensure compliance. The Member States shall present a timeline by which they will ensure compliance with the EU acquis by one year after the publication of the report at the latest.

Or. en

Amendment 1133

Charlie Weimers

Proposal for a regulation

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5. The Member States shall establish the national strategies in a timely fashion taking into account national political priorities. The first European Asylum and Migration Mitigation Strategy shall be adopted by [18 months after the entry into force of this Regulation] at the latest and the first Migration Mitigation Report shall be issued by [one year after the entry into force of this Regulation] at the latest.

Or. en

Amendment 1134

Damien Carême

Proposal for a regulation

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5. The Member States shall establish the national strategies by [one year after the entry into force of this Regulation] at the latest. The first European Asylum Strategy shall be adopted by [18 months after the entry into force of this Regulation] at the latest and the first Asylum Situation Report shall be issued by [one year after the entry into force of this Regulation] at the latest.

Or. en

Amendment 1135

Proposal for a regulation

Article 6 – paragraph 6

Text proposed by the Commission

Amendment

6. The Commission shall monitor and provide information on the migratory situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the Fundamental Rights Agency and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its Network.

Or. en

Amendment 1136

Damien Carême

Proposal for a regulation

Article 6 – paragraph 6

Text proposed by the Commission

Amendment

6. The Commission shall monitor and provide information on the asylum situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the Fundamental Rights Agency, international organisations, NGOs, and independent bodies and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its Network.

Or. en

Amendment 1137

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

Proposal for a regulation

Article 6 – paragraph 6

Text proposed by the Commission

Amendment

6. The Commission shall monitor and provide information on the asylum situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the Fundamental Rights Agency, international organisations such as UNHCR and the Council of Europe, Civil Society Organisations and independent international and national human rights mechanism.

Or. en

Amendment 1138

Cyrus Engerer

Proposal for a regulation

Article 6 a (new)

Text proposed by the Commission

Amendment

Article 6a

Procedure in the event of migratory pressure

1. A Member State, which considers itself to be under excess migratory pressure due to an influx of arrivals into an individual Member State which renders its national migration and reception facilities inadequate, shall immediately notify the European Parliament, Council and Commission thereof.

Within one week of the notification, the Commission shall initiate an assessment of the migratory situation within that individual Member State.

Within two weeks of the notification, the Commission shall coordinate and facilitate necessary measures, in cooperation with the Member States and relevant Union bodies, offices and agencies to reduce the migratory pressure on the individual Member State.

The Commission shall also hold consultations with the Member State on the solidarity contributions pursuant to Article 52(2).

2. The Commission shall also adopt a Solidarity Response Plan in consultation with the Member State in need, outlining measures taken at Union level, in accordance with Article 52.

Or. en

Amendment 1139

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

Proposal for a regulation

Article 7

Text proposed by the Commission

Amendment

Article 7

deleted

Cooperation with third countries to facilitate return and readmission

1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country.

4. The Commission shall keep the European Parliament regularly informed of the implementation of this Article.

_________________

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

Or. en

Amendment 1140

Proposal for a regulation

Article 7

Text proposed by the Commission

Amendment

Article 7

deleted

Cooperation with third countries to facilitate return and readmission

4. The Commission shall keep the European Parliament regularly informed of the implementation of this Article.

_________________

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

Or. en

Amendment 1141

Damien Carême

Proposal for a regulation

Article 7

Text proposed by the Commission

Amendment

Article 7

deleted

Cooperation with third countries to facilitate return and readmission

4. The Commission shall keep the European Parliament regularly informed of the implementation of this Article.

_________________

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

Or. en

Amendment 1142

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 7 – title

Text proposed by the Commission

Amendment

7 Cooperation with third countries to facilitate return and readmission

7 Cooperation with third countries on migration mitigation, the establishment of reception centres and the facilitation of returns

Or. en

Amendment 1143

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

Proposal for a regulation

Article 7 – title

Text proposed by the Commission

Amendment

Cooperation with third countries to facilitate return and readmission

Cooperation with third countries on asylum, migration and border management

Or. en

Amendment 1144

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 7 – title

Text proposed by the Commission

Amendment

Cooperation with third countries to facilitate return and readmission

Cooperation with third countries on border and migration management

Or. en

Amendment 1145

Nicola Procaccini

Proposal for a regulation

Article 7 – title

Text proposed by the Commission

Amendment

7 Cooperation with third countries to facilitate return and readmission

7 Cooperation with third countries on migration management

Or. en

Amendment 1146

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

Proposal for a regulation

Article 7 – paragraph -1 (new)

Text proposed by the Commission

Amendment

-1. In accordance with Article 3(2)(a), the Commission, in cooperation with the Member States as well as Union bodies, offices and agencies, shall build tailor-made and mutually beneficial partnerships with relevant third-countries in view of better achieving the Union’s objectives in the field of asylum and migration.

Such partnerships shall 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 on the respect of the Union’s common values.

They shall primarily be based on a ‘more for more’ approach, whereby more cooperation from the side of a third-country should result in more support from the Union in various policy areas.

This may include cooperation on capacity-building for the reception of refugees, visa policies, development assistance, return and readmission agreements, border management, fighting human trafficking and smuggling networks, protection of human rights, especially the rights of the child.

Or. en

Amendment 1147

Annalisa Tardino

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

deleted

_________________

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

Or. en

Amendment 1148

Charlie Weimers

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission and the Member States shall promote mutually beneficial partnerships and close cooperation with relevant third countries on migration management and the establishment of reception centres.

_________________

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

Or. en

Amendment 1149

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

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall engage a high level dialogue with that third-country and the Member States to find common and fair solutions for a better functioning of the partnership.

If the high-level dialogue does not generate sufficient improvements, the Commission shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country.

_________________

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

Or. en

Amendment 1150

Nicola Procaccini

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission and the Member States shall promote mutually beneficial partnerships and close cooperation with relevant third countries on migration management. In addition, the Commission and Member States shall ensure the integration of migration management in all relevant Union policies, including the full application of the visa policy, as well as conditionality of development aid to promote readmission cooperation.

_________________

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

Or. en

Amendment 1151

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account and without prejudice to the Union’s overall relations with the third country and in consultation with all relevant Commission services and the European External Action Service.

_________________

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

Or. en

Amendment 1152

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission and the Member States shall promote mutually-beneficial partnerships and close cooperation with relevant third countries om border and migration management. The Commission and Member States shall also promote the integration of border and migration management in all relevant Union policies and the assessment of the full application of the visa policy and other measures designed to promote cooperation with third countries to facilitate the return and readmission of illegally staying third-country nationals.

_________________

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

Or. en

Amendment 1153

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

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

_________________

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

Or. en

Amendment 1154

Annalisa Tardino

Proposal for a regulation

Article 7 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The Commission and the Member States shall promote partnerships and cooperation with relevant third countries on migration management. The Commission and Member States shall assess the integration of migration management in all relevant Union policies and in particular they should fully apply the principle that development aid is conditional to strong commitments in the field of migration management.

Or. en

Amendment 1155

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

Proposal for a regulation

Article 7 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Measures undertaken should always respect human rights, in particular the rights of the child.

Or. en

Amendment 1156

Annalisa Tardino

Proposal for a regulation

Article 7 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. The Commission and Member States shall make full use of the visa policy and related measures designed to incentivise cooperation with third countries to facilitate the swift return of illegally staying third-country nationals.

Or. en

Amendment 1157

Annalisa Tardino

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1158

Nicola Procaccini

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission, the Council and the Member States shall, within their respective competences, take actions that promote joint objectives and cooperation with third countries to address causes and drivers of illegal migration and forced displacement, and to establish a system that provides access to international protection procedures from third country processing centres as well as to facilitate the return of illegal staying third-country nationals.

Or. en

Amendment 1159

Charlie Weimers

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission and Member States shall ensure the integration of migration mitigation policies in all relevant Union policies, including the application of visa policy, as well as, conditionality of development aid to promote readmission, the establishment of reception centres for processing and facilitation of granted requests for international protection and return cooperation.

Or. en

Amendment 1160

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

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. Where the Commission considers it appropriate, it shall also identify in its report measures designed to promote cooperation among the Member States to facilitate the return of illegal staying third-country nationals, including withholding development aid and other forms of financial and non-financial assistance from a third country as long cooperation is lacking.

Or. en

Amendment 1161

Annalisa Tardino

Proposal for a regulation

Article 7 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The Commission, the Council, and the Member States shall, within their respective competences, take actions to foster cooperation with third countries to address causes and drivers of irregular migration and forced displacement, applying fully the principle of aid conditionality outlined in paragraph 1.

Or. en

Amendment 1162

Charlie Weimers

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1163

Nicola Procaccini

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1164

Annalisa Tardino

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1165

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. On the basis of the report referred to in paragraph 1, the Commission and the Council, within their respective competencies, shall consider the appropriate actions taking into account the Union’s overall relations with the third country, including respect for the objectives of external policies as elaborated in Article 21 TEU and assessment of the impact these potential actions may have in the fields of migration, peace and security, development and poverty eradication.

Or. en

Amendment 1166

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

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

Or. en

Amendment 1167

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

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall keep the European Parliament regularly informed of the implementation of this Article.

4. On an annual basis, the Commission shall evaluate the efficiency and fundamental rights compliance of the cooperation referred to under this Article, and report to the European Parliament and the Council. Relevant EU agencies and bodies shall report to the Commission for this annual evaluation, such as the European Border and Coast Guard Agency, the Fundamental Rights Agency, the European Court of Auditors and the EU Asylum Agency.

Or. en

Amendment 1168

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

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall keep the European Parliament regularly informed of the implementation of this Article.

4. On an annual basis, the Commission shall evaluate the efficiency of the partnerships referred to in the first paragraph, as well as the implementation of this Article, and report to the European Parliament and the Council.

Or. en

Amendment 1169

Maria Walsh, Deirdre Clune, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall keep the European Parliament regularly informed of the implementation of this Article.

4. The Commission shall consult the European Parliament during the preparation of the report and keep it informed of the implementation of this Article.

Or. en

Amendment 1170

Charlie Weimers

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall keep the European Parliament regularly informed of the implementation of this Article.

4. The Commission shall keep national parliaments and the European Parliament regularly informed of the implementation of this Article.

Or. en

Amendment 1171

Sophia in 't Veld, Hilde Vautmans, Jan-Christoph Oetjen, Michal Šimečka, Moritz Körner, Karen Melchior

Proposal for a regulation

Article 7 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. All relations and cooperation with third countries referred to in this Article shall take place under formal EU international agreements; informal arrangements shall be avoided.

Or. en

Amendment 1172

Damien Carême

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission

Amendment

Article 7a

EU Relocation Coordinator

1. With a view to supporting the mandatory relocation established in this Regulation, the Commission shall appoint an EU Relocation Coordinator, who will act as a contact point, in order to coordinate the relocation activities from the benefitting Member State to the contributing Member States implementing their obligations referred to in Part IV of this Regulation.

2. The EU Relocation Coordinator shall:

(a) coordinate and support communication between the Member States involved;

(b) keep an overview of the persons eligible for relocation, and follow up on the ongoing relocations, and on the contributions of the Member States involved;

(c) organise, at regular intervals, meetings between the authorities of the benefitting Member State, and the contributing Member States, to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States, in the interest of the persons eligible for relocation and the efficiency of the mandatory relocation mechanism;

(d) chair the meetings of the Solidarity Forum;

(e) promote best practices in the field of relocation;

(f) encourage Member States to take into consideration the capacities and willingness of regional and local authorities to take part in relocation efforts.

Or. en

Amendment 1173

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

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission

Amendment

Article 7a

EU Relocation coordinator

1. With a view to supporting the implementation of the distribution mechanism under this Regulation, the Commission shall appoint an EU Relocation coordinator, who will coordinate the relocation from the benefitting Member State to the contributing Member States.

2. In its tasks, the EU Relocation coordinator should be assisted by an Office in order to support coordination between the Member States to ensure the streamlining of procedures.

3. The EU relocation coordinator would be supported by the Asylum Agency who is tasked to calculate the distribution key, to set up and manage the Automated software to distribute applicants for international protection according to the criteria set in this Regulation.

Or. en