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

Official HTML ↗ PDF DOCX

AM_Com_LegReport

Amendment 2001

Nicola Procaccini

Proposal for a regulation

Part IV – title

Text proposed by the Commission

Amendment

IV SOLIDARITY

IV COOPERATION MEASURES

Or. en

Amendment 2002

Charlie Weimers

Proposal for a regulation

Part IV – title

Text proposed by the Commission

Amendment

IV SOLIDARITY

IV VOLUNTARY CONTRIBUTIONS

Or. en

Amendment 2003

Nicola Procaccini

Proposal for a regulation

Part IV – Chapter I – title

Text proposed by the Commission

Amendment

I SOLIDARITY MECHANISMS

I DISTRIBUTION

Or. en

Amendment 2004

Charlie Weimers

Proposal for a regulation

Part IV – Chapter I – title

Text proposed by the Commission

Amendment

I SOLIDARITY MECHANISMS

I VOLUNTARY CONTRIBUTIONS

Or. en

Amendment 2005

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

Proposal for a regulation

Part IV – Chapter I – title

Text proposed by the Commission

Amendment

I SOLIDARITY MECHANISMS

I SOLIDARITY MECHANISM

Or. en

Amendment 2006

Damien Carême

Proposal for a regulation

Part IV – Chapter I – title

Text proposed by the Commission

Amendment

I SOLIDARITY MECHANISMS

I SOLIDARITY MECHANISM

Or. en

Amendment 2007

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

Proposal for a regulation

Article 45 – title

Text proposed by the Commission

Amendment

Solidarity contributions

Automatic solidarity mechanism

Or. en

Amendment 2008

Charlie Weimers

Proposal for a regulation

Article 45 – title

Text proposed by the Commission

Amendment

Solidarity contributions

Voluntary contributions

Or. en

Amendment 2009

Nicola Procaccini

Proposal for a regulation

Article 45 – title

Text proposed by the Commission

Amendment

Solidarity contributions

Distribution

Or. en

Amendment 2010

Nicola Procaccini

Proposal for a regulation

Article 45 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types:

1. Member States shall contribute to the distribution in their territories of those third-country national or a stateless persons who have been granted international protection in third country processing centres in accordance with the procedures established in partnership agreements with relevant third countries

Or. en

Amendment 2011

Charlie Weimers

Proposal for a regulation

Article 45 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types:

1. Voluntary contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following failed missions to return search and rescue vessels to the port of origin of the migrants on board can consist of the following types:

Or. en

Amendment 2012

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 45 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types:

1. The form of solidarity contributions should be based on the free and voluntary choice of each Member State taking into account their national specificities. Solidarity contributions for the benefit of a Member State may consist of the following types:

Or. en

Amendment 2013

Elissavet Vozemberg-Vrionidi, Loucas Fourlas, Juan Ignacio Zoido Álvarez

Proposal for a regulation

Article 45 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types:

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall reflect the needs of the benefitting Member State and shall consist of the following types:

Or. en

Amendment 2014

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 45 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types:

1. Solidarity contributions for the benefit of a Member State shall consist of the following types:

Or. it

Amendment 2015

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 45 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types:

1. Solidarity contributions for the benefit of a Member State of first entry or subject to disembarkation, including after search and rescue operations and activities shall be established according to the procedure provided in this Article.

Or. en

Amendment 2016

Annalisa Tardino

Proposal for a regulation

Article 45 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types:

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations carried out by national competent authorities shall consist of the following types:

Or. en

Amendment 2017

Damien Carême

Proposal for a regulation

Article 45 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types:

1. Solidarity contributions for the benefit of a Member State subject to disembarkations following search and rescue operations or the arrival of persons in a vulnerable situation shall consist of:

Or. en

Amendment 2018

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 45 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types:

1. Contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations may consist of the following types:

Or. en

Amendment 2019

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

Proposal for a regulation

Article 45 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types:

1. Solidarity contributions for the benefit of a Member State including subject to disembarkations following search and rescue operations shall consist of the following types:

Or. en

Amendment 2020

Proposal for a regulation

Article 45 – paragraph 1 – point a

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

The shadow Rapporteur has deleted this part for the sake of consistency with the new solidarity mechanism conceived in Articles 14 and 45 of this Regulation.

Amendment 2021

Nicola Procaccini

Proposal for a regulation

Article 45 – paragraph 1 – point a

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2022

Lukas Mandl

Proposal for a regulation

Article 45 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] irrespective of exceptions from the application of the border procedure foreseen in Article 41 paragraphs 4, 5 and 9 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

Or. en

Justification

Persons, who would be subject to the border procedure but fall under an exception provision should under no circumstances be relocated. Therefore, it should be clarified that any relocation activity does not apply to any person, originally covered by the border procedure, notwithstanding an applicable exception.

Amendment 2023

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 45 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) relocation of applicants;

Or. it

Amendment 2024

Damien Carême

Proposal for a regulation

Article 45 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) relocation of applicants for international protection;

Or. en

Amendment 2025

Charlie Weimers

Proposal for a regulation

Article 45 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) relocation of applicants to third country partner state reception centres;

Or. en

Amendment 2026

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 45 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) measures taken for the effective protection of the external borders of the European Union;

Or. en

Amendment 2027

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

Proposal for a regulation

Article 45 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) relocation of applicants for the examination of an application for international protection

Or. en

Amendment 2028

Damien Carême

Proposal for a regulation

Article 45 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) Relocation of beneficiaries of prima facie international protection;

Or. en

Amendment 2029

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 45 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) return sponsorship of illegally staying third-country nationals;

deleted

Or. it

Amendment 2030

Sophia in 't Veld, Karen Melchior

Proposal for a regulation

Article 45 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) return sponsorship of illegally staying third-country nationals;

deleted

Or. en

Amendment 2031

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

Proposal for a regulation

Article 45 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) return sponsorship of illegally staying third-country nationals;

deleted

Or. en

Amendment 2032

Damien Carême

Proposal for a regulation

Article 45 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) return sponsorship of illegally staying third-country nationals;

deleted

Or. en

Amendment 2033

Nicola Procaccini

Proposal for a regulation

Article 45 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) return sponsorship of illegally staying third-country nationals;

deleted

Or. en

Amendment 2034

Proposal for a regulation

Article 45 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) return sponsorship of illegally staying third-country nationals;

deleted

Or. en

Amendment 2035

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 45 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) assistance to protect the external border of the Union;

Or. en

Amendment 2036

Proposal for a regulation

Article 45 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1);

deleted

Or. en

Amendment 2037

Nicola Procaccini

Proposal for a regulation

Article 45 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1);

deleted

Or. en

Amendment 2038

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

Proposal for a regulation

Article 45 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1);

(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1) with the consent of the beneficiary of international protection;

Or. en

Amendment 2039

Damien Carême

Proposal for a regulation

Article 45 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1);

Or. en

Amendment 2040

Charlie Weimers

Proposal for a regulation

Article 45 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1);

(c) relocation of beneficiaries of international protection who have been granted international protection to third country partner state reception centres;

Or. en

Amendment 2041

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 45 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1);

(c) voluntary relocation of beneficiaries of international protection who have been granted international protection less than three years prior to the implementation of the solidarity contribution;

Or. en

Amendment 2042

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 45 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) relocation of illegally staying third-country nationals.

Or. it

Amendment 2043

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

Proposal for a regulation

Article 45 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) capacity-building measures in the field of asylum, reception and return, operational support and measures aimed at responding to migratory trends affecting the benefitting Member State through cooperation with third countries.

deleted

Or. en

Amendment 2044

Nicola Procaccini

Proposal for a regulation

Article 45 – paragraph 1 – point d

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2045

Proposal for a regulation

Article 45 – paragraph 1 – point d

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2046

Damien Carême

Proposal for a regulation

Article 45 – paragraph 1 – point d

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2047

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

Proposal for a regulation

Article 45 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) capacity-building measures;

Or. en

Justification

New Article 55a on capacity-building.

Amendment 2048

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 45 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) capacity-building contributions in the field of asylum, reception and return;

Or. en

Amendment 2049

Lukas Mandl

Proposal for a regulation

Article 45 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) the decision by a Member State to examine an application for international protection pursuant to Article 25.

Or. en

Amendment 2050

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

Proposal for a regulation

Article 45 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) capacity-building measures in the field of asylum, reception and return and operational support, when this is clearly in the interest of the benefitting Member State.

Or. en

Amendment 2051

Charlie Weimers

Proposal for a regulation

Article 45 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) capacity-building measures in the field of border protection, reception and return, operational support and measures aimed at mitigating migratory pressures through cooperation with third countries.

Or. en

Amendment 2052

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 45 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

(da) operational support to the benefitting Member State such as the joint processing of cases, support in asylum management and reception capacities, border protection, countering human smuggling and trafficking, return and readmission, communication and information;

Or. en

Amendment 2053

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

Proposal for a regulation

Article 45 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

(da) the decision by a Member State to examine an application for international protection pursuant to Article 25, including after a decision of transfer has been taken pursuant to Article 32.

Or. en

Amendment 2054

Lukas Mandl

Proposal for a regulation

Article 45 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

(da) protection sponsorships pursuant to Article 56a;

Or. en

Justification

There is a need for a mandatory but also flexible approach by introducing innovative and equally weighted solidarity contributions, for example in the external dimension, such as protection sponsorships. Furthermore, the taking over of responsibility for other Member States should equally be considered. The proposal by the EP to refer to Art. 25 decisions as a solidarity contribution is positive. The focus on relocation and/or return sponsorship as proposed by the European Commission is problematic.

Amendment 2055

Lukas Mandl

Proposal for a regulation

Article 45 – paragraph 1 – point d b (new)

Text proposed by the Commission

Amendment

(db) capacity-building measures and support in the field of asylum and migration management

– in the benefitting Member State, including joint processing of cases, reception, border protection and return

– or operational support and measures in third countries such as integrated border management, disembarkation following Search and Rescue operations, combatting human smuggling, strengthening protection capacities as well as fostering perspectives in regions of origin aimed at responding to and preventing illegal migration flows towards the European Union.

Or. en

Justification

Amendment 2056

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 45 – paragraph 1 – point d b (new)

Text proposed by the Commission

Amendment

(db) measures taken in the external dimension of migration, especially through cooperation with third countries and taking help to territories in need;

Or. en

Amendment 2057

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 45 – paragraph 1 – point d c (new)

Text proposed by the Commission

Amendment

(dc) any other form of solidarity agreed by the contributing and benefitting Member State.

Or. en

Amendment 2058

Proposal for a regulation

Article 45 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Where no meaningful links can be established, the Commission, assisted by the Asylum Agency, shall identify the Member State with the lowest number of applicants in relation to its share, calculated on the basis of the distribution key, as the Member State responsible. The European Commission will immediately notify this Member State which will be responsible for examining the application and the Member State of first entry.

Or. en

Amendment 2059

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

Proposal for a regulation

Article 45 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Relocation of applicants for the examination of an application of international protection shall be automatic and obligatory pursuant to the criteria set out in Chapter II and to the distribution key set out in Article 54.

Or. en

Amendment 2060

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 45 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The measures set out in paragraph 1, point (c) are offered in addition to the measure provided for in paragraph 1, point (a).

Or. it

Amendment 2061

Proposal for a regulation

Article 45 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. The Member State of first entry, in cooperation with the Asylum Agency, shall immediately inform the applicant about the determination of responsibility as referred to in paragraph2 of this Article, and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.

Or. en

Amendment 2062

Proposal for a regulation

Article 45 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

1c. The procedure established by this Article shall apply to applicants arrived in a Member State by land, air or sea, including after disembarkation and following search and rescue operations and activities.

Or. en

Amendment 2063

Proposal for a regulation

Article 45 – paragraph 1 d (new)

Text proposed by the Commission

Amendment

1d. The share calculated according to the distribution key may be adjusted when a Member State demonstrates that over the proceeding 10 years it has been responsible for twice the Union average per capita of applicants for international protection.

Or. en

Amendment 2064

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 45 – paragraph 2

Text proposed by the Commission

Amendment

2. Such contributions may, pursuant to Article 56, also consist of:

deleted

(a) relocation of applicants for international protection subject to the border procedure in accordance with Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

(b) relocation of illegally staying third-country nationals.

Or. it

Amendment 2065

Damien Carême

Proposal for a regulation

Article 45 – paragraph 2

Text proposed by the Commission

Amendment

2. Such contributions may, pursuant to Article 56, also consist of:

deleted

(a) relocation of applicants for international protection subject to the border procedure in accordance with Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

(b) relocation of illegally staying third-country nationals.

Or. en

Amendment 2066

Nicola Procaccini

Proposal for a regulation

Article 45 – paragraph 2

Text proposed by the Commission

Amendment

2. Such contributions may, pursuant to Article 56, also consist of:

deleted

(a) relocation of applicants for international protection subject to the border procedure in accordance with Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

(b) relocation of illegally staying third-country nationals.

Or. en

Amendment 2067

Proposal for a regulation

Article 45 – paragraph 2

Text proposed by the Commission

Amendment

2. Such contributions may, pursuant to Article 56, also consist of:

deleted

(a) relocation of applicants for international protection subject to the border procedure in accordance with Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

(b) relocation of illegally staying third-country nationals.

Or. en

Amendment 2068

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

Proposal for a regulation

Article 45 – paragraph 2

Text proposed by the Commission

Amendment

2. Such contributions may, pursuant to Article 56, also consist of:

deleted

(a) relocation of applicants for international protection subject to the border procedure in accordance with Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

(b) relocation of illegally staying third-country nationals.

Or. en

Amendment 2069

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 45 – paragraph 2

Text proposed by the Commission

Amendment

2. Such contributions may, pursuant to Article 56, also consist of:

deleted

(a) relocation of applicants for international protection subject to the border procedure in accordance with Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

(b) relocation of illegally staying third-country nationals.

Or. en

Amendment 2070

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

Proposal for a regulation

Article 45 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Such contributions may, pursuant to Article 56, also consist of:

2. Member States may also provide voluntary solidarity contributions to assist a Member State in addressing the migratory situation on its territory or prevent a migratory pressure. Such contributions may consist of:

Or. en

Justification

Moved from Article 56.

Amendment 2071

Charlie Weimers

Proposal for a regulation

Article 45 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Such contributions may, pursuant to Article 56, also consist of:

2. Such voluntary contributions may, pursuant to Article 56, also consist of:

Or. en

Amendment 2072

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

Proposal for a regulation

Article 45 – paragraph 2 – point -a (new)

Text proposed by the Commission

Amendment

(-a) solidarity contributions referred to in paragraph 1;

Or. en

Amendment 2073

Nicola Procaccini

Proposal for a regulation

Article 45 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) relocation of applicants for international protection subject to the border procedure in accordance with Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

deleted

Or. en

Amendment 2074

Charlie Weimers

Proposal for a regulation

Article 45 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) relocation of applicants for international protection subject to the border procedure in accordance with Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

(a) relocation of applicants for international protection to third country partner state reception centres;

Or. en

Amendment 2075

Nicola Procaccini

Proposal for a regulation

Article 45 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) relocation of illegally staying third-country nationals.

deleted

Or. en

Amendment 2076

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

Proposal for a regulation

Article 45 – paragraph 2 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

Where a Member State requests solidarity support from other Member States in accordance with this paragraph, it shall notify the Commission of that request.

Any Member State may, at any time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in the first subparagraph for the benefit of the Member State concerned and with its agreement. Contributions referred to in paragraph 1, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund].

Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on their own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation.

Or. en

Justification

Moved from Article 56.

Amendment 2077

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

Proposal for a regulation

Article 45 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. With a view to provide solidarity contributions as soon as possible to a benefiting Member State, solidarity pools shall be established every year to ensure an appropriate and predictive solidarity response at the European level.

Or. en

Amendment 2078

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 45 a (new)

Text proposed by the Commission

Amendment

Article 45a

Automatic solidarity mechanism

1. The solidarity mechanism set out in this article shall apply automatically for the benefit of a Member State where the redistribution criteria set out in Chapter II cannot be applied.

2. The solidarity mechanism shall include the measures set out in points (a), (b) and (c) of Article 45.

3. The mechanism set out in paragraph 1 shall be binding upon all Member States.

4. The number of applicants to be relocated for each Member State shall be determined by the Commission in an implementing act by applying the key indicated in Article 54 in the preceding 12 months.

Or. it

Amendment 2079

Annalisa Tardino

Proposal for a regulation

Article 45 a (new)

Text proposed by the Commission

Amendment

Article 45a

1. The European Commission in cooperation with the relevant EU agencies, mainly Frontex and EASO, shall set up asylum processing centres in third countries.

2. Staff serving in those facilities shall be adequately trained to swiftly process asylum applications in accordance with Union and national law.

3. Applicants that receive a positive application shall be relocated according to the conditions set out in Article 45 paragraph 2.

4. Applicants that do not receive a positive decision shall be immediately returned to their country of origins.

Or. en

Amendment 2080

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 46

Text proposed by the Commission

Amendment

Article 46

deleted

Solidarity Forum

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

Or. it

Amendment 2081

Annalisa Tardino

Proposal for a regulation

Article 46

Text proposed by the Commission

Amendment

Article 46

deleted

Solidarity Forum

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

Or. en

Amendment 2082

Nicola Procaccini

Proposal for a regulation

Article 46

Text proposed by the Commission

Amendment

Article 46

deleted

Solidarity Forum

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

Or. en

Amendment 2083

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 46

Text proposed by the Commission

Amendment

Article 46

deleted

Solidarity Forum

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

Or. en

Amendment 2084

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

Proposal for a regulation

Article 46

Text proposed by the Commission

Amendment

Article 46

deleted

Solidarity Forum

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

Or. en

Amendment 2085

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 46

Text proposed by the Commission

Amendment

Article 46

deleted

Solidarity Forum

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

Or. en

Amendment 2086

Proposal for a regulation

Article 46

Text proposed by the Commission

Amendment

Article 46

deleted

Solidarity Forum

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

Or. en

Amendment 2087

Charlie Weimers

Proposal for a regulation

Article 46 – title

Text proposed by the Commission

Amendment

Solidarity Forum

Voluntary Contribution Forum

Or. en

Amendment 2088

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 46 – paragraph 1

Text proposed by the Commission

Amendment

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

deleted

Or. it

Amendment 2089

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

Proposal for a regulation

Article 46 – paragraph 1

Text proposed by the Commission

Amendment

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

deleted

Or. en

Amendment 2090

Damien Carême

Proposal for a regulation

Article 46 – paragraph 1

Text proposed by the Commission

Amendment

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

A Solidarity Forum shall comprise all Member States, who shall be represented by officials with the power to take decisions on their behalf. The EU Relocation Coordinator shall convene and preside over the Solidarity Forum in order to ensure the smooth functioning of this Part. The Forum shall meet annually following the adoption of the Asylum Situation Report as well as according to need as identified in Part IV of this Regulation.

Or. en

Amendment 2091

Charlie Weimers

Proposal for a regulation

Article 46 – paragraph 1

Text proposed by the Commission

Amendment

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

A Voluntary Contribution Forum shall comprise all Member States and third country partner states hosting reception centres. The Council shall convene and preside over the Voluntary Contribution Forum in order to ensure its smooth functioning.

Or. en

Amendment 2092

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 46 – paragraph 1

Text proposed by the Commission

Amendment

A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.

The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of the solidarity between the Member States pursuant to this Regulation.

Or. en

Amendment 2093

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 46 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

The Solidarity Forum should comprise all Member States, whose representatives shall have the appropriate level of responsibility and decision-making for its purpose. Should one or several Member States decide not to participate, the Solidarity Forum shall still be convened within the margins of a qualified majority.

The Commission may request the Asylum Agency, the European Border and Coast Guard Agency, and the External Action Service to be represented.

Or. en

Amendment 2094

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

Proposal for a regulation

Article 46 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

The Solidarity Forum shall be convened at least once a year to establish the Annual solidarity pool referred to in Article 46a, and as much as necessary during the year to ensure an appropriate solidarity response in case of migratory pressure.

Or. en

Amendment 2095

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

Proposal for a regulation

Article 46 a (new)

Text proposed by the Commission

Amendment

Article 46a

Annual solidarity pool

1. Each year, the Commission shall set up an ‘Annual solidarity pool’ composed of the Member States’ contributions commitments for the upcoming year.

2. The Annual solidarity pool shall consist of:

(a) a specific solidarity pool for search and rescue operations which shall be activated for a Member State where search and rescue operations generate recurring arrivals of third-country nationals or stateless persons onto its territory, pursuant to Articles 47, 48 and 49. That pool shall consist of solidarity contributions referred to in Article 47(4);

(b) a general solidarity pool which shall be activated in the event a Member State is under migratory pressure, pursuant to Articles 49a. That pool shall consist of solidarity contributions referred to in Article 45(1);

3. Where at the end of the one year period referred to in the first paragraph the contributions commitments have not been used, or not entirely, that commitments shall be deleted.

Or. en

Amendment 2096

Nadine Morano

Proposal for a regulation

Article 47

Text proposed by the Commission

Amendment

[...]

deleted

Or. fr

Amendment 2097

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 47

Text proposed by the Commission

Amendment

[...]

deleted

Or. it

Justification

This specification is no longer necessary in view of the introduction of the permanent, compulsory solidarity mechanism set out in the previous article.

Amendment 2098

Annalisa Tardino

Proposal for a regulation

Article 47

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2099

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 47

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2100

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

Proposal for a regulation

Article 47

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2101

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 47

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2102

Nicola Procaccini

Proposal for a regulation

Article 47

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2103

Charlie Weimers

Proposal for a regulation

Article 47

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2104

Damien Carême

Proposal for a regulation

Article 47 – title

Text proposed by the Commission

Amendment

47 Solidarity for disembarkations following search and rescue operations

47 Solidarity for arrivals of persons in a vulnerable situation and disembarkations following search and rescue operations

Or. en

Amendment 2105

Proposal for a regulation

Article 47 – title

Text proposed by the Commission

Amendment

47 Solidarity for disembarkations following search and rescue operations

47 Solidarity for disembarkations following search and rescue activities and operations

Or. en

Amendment 2106

Nadine Morano

Proposal for a regulation

Article 47 – paragraph 1

Text proposed by the Commission

Amendment

1. This Article and Articles 48 and 49 shall apply to search and rescue operations that generate recurring arrivals of third-country nationals or stateless persons onto the territory of a Member State and to vulnerable persons as set out in Article 49(4).

deleted

Or. fr

Amendment 2107

Proposal for a regulation

Article 47 – paragraph 1

Text proposed by the Commission

Amendment

1. Articles 14 and 45 shall also apply to arrivals, connected to search and rescue activities as referred to in the 1979 International Convention Maritime on Search and Rescue adopted in Hamburg, Germany, on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No656/2014, leading to disembarkation of third-country nationals and stateless persons on to the territory of a Member State.

Or. en

Justification

The Shadow Rapporteur substantially amended this Article considering that the binding solidarity response, including relocation, which has to be implemented by Member States, who are not expected to be faced with recurring arrivals generated by search and rescue operations and activities, is clearly foreseen in the new mechanism, included in Article 14 and 45.

Amendment 2108

Damien Carême

Proposal for a regulation

Article 47 – paragraph 1

Text proposed by the Commission

Amendment

1. This Article and Articles 48 and 49 shall apply to search and rescue operations and to persons in a vulnerable situation as set out in Article 49(4).

Or. en

Amendment 2109

Nadine Morano

Proposal for a regulation

Article 47 – paragraph 2

Text proposed by the Commission

Amendment

2. Where the Migration Management Report referred to in Article 6(4) indicates that one or more Member States faced with the situations referred to in paragraph 1, it shall also set out the total number of applicants for international protection referred to in Article 45(1), point (a) that would need to be relocated in order to assist those Member States. The report shall also identify any capacity-building measures referred to in Article 45(1), point (d) which are necessary to assist the Member State concerned.

deleted

Or. fr

Amendment 2110

Damien Carême

Proposal for a regulation

Article 47 – paragraph 2

Text proposed by the Commission

Amendment

2. Where the Asylum Situation Report referred to in Article 6(4) indicates that one or more Member States are faced with the situations referred to in paragraph 1, it shall also set out the total number of persons referred to in Article 45(1), point (a), (a a) and (c) that would need to be relocated in order to assist those Member States.

Or. en

Amendment 2111

Charlie Weimers

Proposal for a regulation

Article 47 – paragraph 2

Text proposed by the Commission

Amendment

2. Where the Migration Mitigation Report referred to in Article 6(4) indicates that one or more Member States faced with the situations referred to in paragraph 1, Member States shall also set out the total number of applicants to be relocated to third country reception centres for processing of their request for international protection and its potential facilitation in the third country partner state.

Or. en

Amendment 2112

Proposal for a regulation

Article 47 – paragraph 2

Text proposed by the Commission

Amendment

2. In the context of disembarkations following search and rescue activities and operations, as defined in paragraph 1, the special needs of children, including unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, disabled persons, persons in need of international protection and other persons in a particularly vulnerable situation, shall be addressed as a matter of urgency and in a spirit of solidarity, pursuant to Articles 14 and 45.

Or. en

Amendment 2113

Nadine Morano

Proposal for a regulation

Article 47 – paragraph 3

Text proposed by the Commission

Amendment

3. Within two weeks of the adoption of the Migration Management Report, the Commission shall invite all other Member States that are not expected to be faced with arrivals on their territory as referred to in paragraph 1 to provide the solidarity contributions referred to in paragraph 2. In its request, the Commission shall indicate the total number of applicants to be relocated by each Member State in the form of solidarity contributions referred to in Article 45(1), point (a) by each Member State, calculated according to the distribution key set out in Article 54. The distribution key shall include the share of the benefitting Member States.

deleted

Or. fr

Amendment 2114

Proposal for a regulation

Article 47 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2115

Charlie Weimers

Proposal for a regulation

Article 47 – paragraph 3

Text proposed by the Commission

Amendment

3. Within two weeks of the adoption of the Migration Mitigation Report, the Commission shall invite all Member States expected to be faced with arrivals on their territory as referred to in paragraph 1 to provide the voluntary contributions referred to in paragraph 2. In its request for relocation to third country partner state reception centres, the Commission shall indicate the total number of applicants to be relocated to third country partner state reception centres.

Or. en

Amendment 2116

Damien Carême

Proposal for a regulation

Article 47 – paragraph 3

Text proposed by the Commission

Amendment

3. Within two weeks of the adoption of the Asylum Situation Report, the Commission shall invite all other Member States that are not expected to be faced with arrivals on their territory as referred to in paragraph 1 to provide the solidarity contributions referred to in paragraph 2. In its request, the Commission shall indicate the total number of persons to be relocated by each Member State in the form of solidarity contributions referred to in Article 45(1), point (a), (a a) and (c) by each Member State, calculated according to the reference key set out in Article 54. The reference key shall include the share of the benefitting Member States.

Or. en

Amendment 2117

Nadine Morano

Proposal for a regulation

Article 47 – paragraph 4

Text proposed by the Commission

Amendment

4. Within one month of the adoption of the Migration Management Report, Member States shall notify the Commission of the contributions they intend to make, by completing the SAR Solidarity Response Plan set out in Annex I. Member States shall indicate whether they intend to provide contributions in the form of:

deleted

(a) relocation in accordance with Article 45(1), point (a); or

(b) measures in accordance with Article 45(1), point (d) identified in the Migration Management Report; or

Or. fr

Amendment 2118

Proposal for a regulation

Article 47 – paragraph 4

Text proposed by the Commission

Amendment

deleted

(a) relocation in accordance with Article 45(1), point (a); or

(b) measures in accordance with Article 45(1), point (d) identified in the Migration Management Report; or

Or. en

Amendment 2119

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 47 – paragraph 4

Text proposed by the Commission

Amendment

deleted

(a) relocation in accordance with Article 45(1), point (a); or

(b) measures in accordance with Article 45(1), point (d) identified in the Migration Management Report; or

Or. en

Amendment 2120

Damien Carême

Proposal for a regulation

Article 47 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. Within one month of the adoption of the Asylum Situation Report, Member States shall notify the Commission of the total number of persons to be relocated, by completing the Solidarity Response Plan set out in Annex I.

Or. en

Amendment 2121

Charlie Weimers

Proposal for a regulation

Article 47 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. Within one month of the adoption of the Migration Mitigation Report, Member States shall notify each other of the voluntary contributions they intend to make and whether they intend to provide voluntary contributions in the form of:

Or. en

Amendment 2122

Damien Carême

Proposal for a regulation

Article 47 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) relocation in accordance with Article 45(1), point (a); or

deleted

Or. en

Amendment 2123

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 47 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) relocation in accordance with Article 45(1), point (a); or

deleted

Or. en

Amendment 2124

Charlie Weimers

Proposal for a regulation

Article 47 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) relocation in accordance with Article 45(1), point (a); or

(a) relocation to a third country partner state reception centre; or

Or. en

Amendment 2125

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 47 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) measures in accordance with Article 45(1), point (d) identified in the Migration Management Report; or

deleted

Or. en

Amendment 2126

Damien Carême

Proposal for a regulation

Article 47 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) measures in accordance with Article 45(1), point (d) identified in the Migration Management Report; or

deleted

Or. en

Amendment 2127

Charlie Weimers

Proposal for a regulation

Article 47 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) measures in accordance with Article 45(1), point (d) identified in the Migration Management Report; or

(b) measures in accordance with Article 45(1), point (d) identified in the Migration Mitigation Report; or

Or. en

Amendment 2128

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 47 – paragraph 4 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2129

Damien Carême

Proposal for a regulation

Article 47 – paragraph 4 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2130

Charlie Weimers

Proposal for a regulation

Article 47 – paragraph 4 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 2131

Nadine Morano

Proposal for a regulation

Article 47 – paragraph 5

Text proposed by the Commission

Amendment

5. Where the Commission considers that the solidarity contributions indicated by all the Member States pursuant to paragraph 4 fall significantly short of the total solidarity contributions set out in the Migration Management Report, the Commission shall convene the Solidarity Forum. The Commission shall invite Member States to adjust the number and, where relevant, the type of contributions. Member States that adjust their contributions shall submit revised SAR Solidarity Response Plans in the course of the Solidarity Forum.

deleted

Or. fr

Amendment 2132

Proposal for a regulation

Article 47 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2133

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 47 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2134

Charlie Weimers

Proposal for a regulation

Article 47 – paragraph 5

Text proposed by the Commission

Amendment

5. Where the Council by unanimity considers that the voluntary contributions indicated by all the Member States pursuant to paragraph 4 fall significantly short of the total voluntary contributions set out in the Migration Mitigation Report, the Council shall by unanimous decision convene the Voluntary Contribution Forum. The Member States are welcome to adjust the number of relocations to third country partner state reception centres or returns.

Or. en

Amendment 2135

Damien Carême

Proposal for a regulation

Article 47 – paragraph 5

Text proposed by the Commission

Amendment

5. Where the EU Relocation Coordinator identifies that the solidarity contributions indicated by all the Member States pursuant to paragraph 4 fall significantly short of the total solidarity contributions set out in the Asylum Situation Report, the EU Relocation Coordinator shall convene the Solidarity Forum. The Commission shall invite Member States to adjust the number of contributions. Member States that adjust their contributions shall submit revised Solidarity Response Plans in the course of the Solidarity Forum.

Or. en

Amendment 2136

Nadine Morano

Proposal for a regulation

Article 48

Text proposed by the Commission

Amendment

[...]

deleted

Or. fr

Amendment 2137

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

Proposal for a regulation

Article 48

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2138

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 48

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2139

Nicola Procaccini

Proposal for a regulation

Article 48

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2140

Proposal for a regulation

Article 48

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2141

Annalisa Tardino

Proposal for a regulation

Article 48

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2142

Charlie Weimers

Proposal for a regulation

Article 48

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2143

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 48

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2144

Damien Carême

Proposal for a regulation

Article 48 – title

Text proposed by the Commission

Amendment

Commission implementing acts for search and rescue operations

Commission implementing acts for solidarity contributions

Or. en

Amendment 2145

Nadine Morano

Proposal for a regulation

Article 48 – paragraph 1

Text proposed by the Commission

Amendment

1. Within two weeks from the submission of the SAR Solidarity Response Plans referred to in Article 47(4) or two weeks from the end of the Solidarity Forum referred to in Article 47(5), and where the total solidarity contributions indicated by all the Member States in their Plans corresponds to, or is considered by the Commission to be sufficiently close to the total solidarity contributions set out in the Migration Management Report, the Commission shall adopt an implementing act setting out the solidarity measures indicated by Member States pursuant to Article 47(4) or Article 47(5). Such measures shall constitute a solidarity pool for each Member State expected to be faced with disembarkations in the short term.

deleted

Or. fr

Amendment 2146

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 48 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Within two weeks from the presentation of the Solidarity Response Plans referred to in Article 47, the Commission shall adopt an implementing act setting out the solidarity measures.

Or. it

Amendment 2147

Damien Carême

Proposal for a regulation

Article 48 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Within two weeks from the submission of the Solidarity Response Plans referred to in Article 47(4) or two weeks from the end of the Solidarity Forum referred to in Article 47(5), and where the total solidarity contributions indicated by all the Member States in their Plans corresponds to, or is considered by the Commission to be sufficiently close to the total solidarity contributions set out in the Asylum Situation Report, the Commission shall adopt an implementing act setting out the solidarity measures indicated by Member States pursuant to Article 47(4) or Article 47(5). Such measures shall constitute a solidarity pool for each Member State expected to be faced with disembarkations or the arrival of persons in a vulnerable situation in the short term.

Or. en

Amendment 2148

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 48 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 2149

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 48 – paragraph 2

Text proposed by the Commission

Amendment

[...]

deleted

Or. it

Amendment 2150

Nadine Morano

Proposal for a regulation

Article 48 – paragraph 2

Text proposed by the Commission

Amendment

[...]

deleted

Or. fr

Amendment 2151

Damien Carême

Proposal for a regulation

Article 48 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Where the total number or type of solidarity contributions indicated by Member States pursuant to Article 47(5) still falls significantly short of the total solidarity contributions set out in the Migration Management Report leading to a situation where the solidarity pool is not able to provide a foreseeable basis of ongoing support to the Member States referred to in Article 47(2), the Commission shall, within two weeks after the end of the Solidarity Forum, adopt an implementing act establishing a solidarity pool for each Member State expected to be faced with disembarkations in the short term. That implementing act shall set out:

2. Where the total number of solidarity contributions indicated by Member States pursuant to Article 47(5) still falls more than 20% short of the total solidarity contributions set out in the Asylum Situation Report leading to a situation where the solidarity pool is not able to provide a foreseeable basis of ongoing support to the Member States referred to in Article 47(2), the Commission shall, within two weeks after the end of the Solidarity Forum, adopt an implementing act establishing a solidarity pool for each Member State expected to be faced with disembarkations or the arrival of persons in a vulnerable situation in the short term. That implementing act shall set out:

Or. en

Amendment 2152

Nadine Morano

Proposal for a regulation

Article 48 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the total number of third-country nationals to be covered by relocation to contribute to the needs of the Member States referred to in Article 47(2) as identified in the Migration Management Report;

deleted

Or. fr

Amendment 2153

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 48 – paragraph 2 – point a

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 2154

Charlie Weimers

Proposal for a regulation

Article 48 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the total number of third-country nationals to be relocated to third country partner state reception centres;

Or. en

Amendment 2155

Damien Carême

Proposal for a regulation

Article 48 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the total number of third-country nationals to be covered by relocation to contribute to the needs of the Member States referred to in Article 47(2) as identified in the Asylum Situation Report;

Or. en

Amendment 2156

Charlie Weimers

Proposal for a regulation

Article 48 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the number and share referred to in point (a) for each Member State, including the benefitting Member States calculated according to the distribution key set out in Article 54;

deleted

Or. en

Amendment 2157

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 48 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the number and share referred to in point (a) for each Member State, including the benefitting Member States calculated according to the distribution key set out in Article 54;

deleted

Or. it

Amendment 2158

Nadine Morano

Proposal for a regulation

Article 48 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the number and share referred to in point (a) for each Member State, including the benefitting Member States calculated according to the distribution key set out in Article 54;

deleted

Or. fr

Amendment 2159

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 48 – paragraph 2 – point c

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 2160

Damien Carême

Proposal for a regulation

Article 48 – paragraph 2 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2161

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Where Member States have indicated measures set out in Article 45(1), point (d), those measures shall be in proportion to the contributions that the Member States would have made by means of the relocations referred to in Article 45(1), point (a) as a result of the application of the distribution key set out in Article 54. They shall be set out in the implementing act except where the indications by Member States would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report. In those cases, the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures are required to cover 50% of their share calculated in accordance with the distribution key set out in Article 54 through relocation or return sponsorship as referred to in Article 45(1) point (b) or a combination of both. The Member States concerned shall immediately indicate to the Commission how they intend to cover their share in this regard. The Commission shall adjust the contributions set out in the implementing act regarding relocation, return sponsorship and the measures referred to in Article 45(1), point (d) for those Member States accordingly.

deleted

Or. it

Amendment 2162

Nadine Morano

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 2163

Damien Carême

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2164

Charlie Weimers

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2165

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

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Where Member States have indicated measures set out in Article 45(1), point (d), those measures shall be in proportion to the contributions that the Member States would have made by means of the relocations referred to in Article 45(1), point (a) and (da) as a result of the application of the distribution key set out in Article 54. They shall be set out in the implementing act except where the indications by Member States would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report. In those cases, the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures are required to cover 50% of their share calculated in accordance with the distribution key set out in Article 54 through relocation or return sponsorship as referred to in Article 45(1) point (b) or a combination of both. The Member States concerned shall immediately indicate to the Commission how they intend to cover their share in this regard. The Commission shall adjust the contributions set out in the implementing act regarding relocation, return sponsorship and the measures referred to in Article 45(1), point (d) for those Member States accordingly.

Or. en

Amendment 2166

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Where one or more Member States have not submitted an SAR Solidarity Response Plan within the time limits set out in Article 47(4) and Article 47(5), the Commission shall determine the amount and type of contributions to be made by those Member States.

deleted

Or. it

Amendment 2167

Nadine Morano

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 2168

Charlie Weimers

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2169

Damien Carême

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Where one or more Member States have not submitted a Solidarity Response Plan within the time limits set out in Article 47(4) and Article 47(5), the Commission shall determine the amount of contributions to be made by those Member States.

Or. en

Amendment 2170

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

Where the Asylum Agency notifies the Commission and the Member States that 80% of the solidarity pool in the first subparagraph has been used for one or more of the benefitting Member States, the Commission shall convene the Solidarity Forum to inform the Member States of the situation and the additional needs of the Member States. Following the Solidary Forum the Commission shall adopt an amendment to the implementing act establishing a solidarity pool referred to in the first subparagraph in relation to the benefitting Member State concerned to increase the total number of third-country nationals covered by the solidarity measures referred to in point (a) of the first subparagraph by a maximum of 50%. The share of each Member State referred to in point (b) of the first subparagraph shall be amended accordingly. Where the provisions of the second subparagraph are applied and Member States have indicated that they shall contribute through return sponsorship, the share of these measures shall be increased by 50%. The measures referred to in Article 45(1), point (d) shall also be increased by a share that is in proportion to a 50% increase of that Member States share calculated according to the distribution key set out in Article 54.

deleted

Or. it

Amendment 2171

Nadine Morano

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 2172

Charlie Weimers

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2173

Damien Carême

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

Or. en

Amendment 2174

Nadine Morano

Proposal for a regulation

Article 48 – paragraph 3

Text proposed by the Commission

Amendment

3. The implementing act referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 67(2).

deleted

Or. fr

Amendment 2175

Nadine Morano

Proposal for a regulation

Article 49

Text proposed by the Commission

Amendment

[...]

deleted

Or. fr

Amendment 2176

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 49

Text proposed by the Commission

Amendment

[...]

deleted

Or. it

Amendment 2177

Proposal for a regulation

Article 49

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Justification

This Article is redundant and it is not needed anymore. The binding solidarity response, including relocation, which has to be implemented by Member states who are not expected to be faced with recurring arrivals generated by search and rescue operations and activities is clearly provided in the new mechanism foreseen in Articles 14 and 45.

Amendment 2178

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 49

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2179

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

Proposal for a regulation

Article 49

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2180

Nicola Procaccini

Proposal for a regulation

Article 49

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2181

Charlie Weimers

Proposal for a regulation

Article 49

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2182

Annalisa Tardino

Proposal for a regulation

Article 49

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2183

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 49

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2184

Damien Carême

Proposal for a regulation

Article 49 – title

Text proposed by the Commission

Amendment

Solidarity pool for search and rescue operations

Solidarity pool for persons in a vulnerable situation and search and rescue operations

Or. en

Amendment 2185

Damien Carême

Proposal for a regulation

Article 49 – paragraph 1

Text proposed by the Commission

Amendment

1. Within two weeks of the adoption of the implementing act referred to in Article 48(1) or Article 48(2), the Member State referred to in Article 47(2) shall notify the Commission of its request for solidarity support. Following that request, the Commission shall draw on the solidarity pool and coordinate the implementation of the solidarity measures for each disembarkation or group of disembarkations taking place in a period of two weeks.

1. Within two weeks of the adoption of the implementing act referred to in Article 48(1) or Article 48(2), the Member State referred to in Article 47(2) shall notify the EU Relocation Coordinator of its request for solidarity support. Following that request, the EU Relocation Coordinator shall draw on the solidarity pool and coordinate the implementation of the solidarity measures for each arrival, disembarkation or group of disembarkations taking place in a period of two weeks.

Or. en

Amendment 2186

Damien Carême

Proposal for a regulation

Article 49 – paragraph 2

Text proposed by the Commission

Amendment

2. Under the coordination of the Commission, the Asylum Agency and the European Border and Coast Guard Agency shall draw up the list of eligible persons to be relocated and to be subject to return sponsorship. The list shall indicate the distribution of those persons among the contributing Member States taking into account the total number of persons to be relocated or to be subject to return sponsorship by each contributing Member State, the nationality of those persons and the existence of meaningful links between them and the Member State of relocation or of return sponsorship. Priority shall be given to the relocation of vulnerable persons. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in monitoring the use of the solidarity pool.

2. Under the coordination of the EU Relocation Coordinator, the Asylum Agency shall draw up the list of eligible persons to be relocated. The list shall indicate the distribution of those persons among the contributing Member States taking into account the total number of persons to be relocated by each contributing Member State, the nationality of those persons and the existence of meaningful links between them and the Member State of relocation. Eligible persons shall be consulted in the course of determining meaningful links and shall have the right to object to such categorisation. Priority shall be given to the relocation of unaccompanied minors and other persons in a vulnerable situation. Where a person has meaningful links to more than one Member State, the person’s preference shall prevail. Where no meaningful links can be determined, the procedure in Article 23b(b) and (c) shall apply. The Asylum Agency shall assist the Commission in monitoring the use of the solidarity pool.

Or. en

Amendment 2187

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 49 – paragraph 2

Text proposed by the Commission

Amendment

2. Under the coordination of the Commission and competent Member State agencies, the Asylum Agency and the European Border and Coast Guard Agency shall draw up the list of Member States that have concluded agreements with third countries enabling the relocation to third country partner state reception centres of eligible persons for relocation as well as a list of countries that comply with requirements to accept returns from the Member States. The list shall lay out all current agreements with regard to third country processing and facilitation of international protection as well as all third countries that comply or do not comply with requirements to accept returns or host reception centres in order for third countries to be eligible for any EU funding such as development aid.

Or. en

Amendment 2188

Charlie Weimers

Proposal for a regulation

Article 49 – paragraph 3

Text proposed by the Commission

Amendment

3. Where the Commission has adopted a report concluding that a Member State referred to in Article 47(2) is under migratory pressure as set out in Article 51(3), the remaining solidarity contributions from the solidarity pool established under Article 48(1) or Article 48(2) may be used for the purpose of immediately alleviating the migratory pressure on that Member State. In such cases, the provisions of paragraph 2 shall apply.

deleted

This paragraph shall not apply where an implementing act provided for in Article 53 is adopted. As from the adoption of that implementing act drawing on the list of eligible persons to be relocated and to be subject to return sponsorship as provided for in paragraph 2 shall cease.

Where the solidarity pool referred to in the first subparagraph is insufficient for the purpose of immediately alleviating the challenges faced by the Member State referred to in Article 47(2), solidarity contributions from the solidarity pool of the other Member States established under Article 48(1) or Article 48(2) may be used insofar as this does not jeopardize the functioning of the pool for those Member States.

Or. en

Amendment 2189

Damien Carême

Proposal for a regulation

Article 49 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Where the Commission has adopted a report concluding that a Member State referred to in Article 47(2) is at risk of pressure on its asylum or reception system as set out in Article 51(3), solidarity contributions from the solidarity pool established under Article 48(1) or Article 48(2) may be used for the purpose of immediately reducing the risk of pressure on that Member State. In such cases, the provisions of paragraph 2 shall apply.

Or. en

Amendment 2190

Damien Carême

Proposal for a regulation

Article 49 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2191

Charlie Weimers

Proposal for a regulation

Article 49 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2192

Charlie Weimers

Proposal for a regulation

Article 49 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2193

Damien Carême

Proposal for a regulation

Article 49 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Where the solidarity pool referred to in the first subparagraph is insufficient for the purpose of immediately alleviating the challenges faced by the Member State referred to in Article 47(2), solidarity contributions from the solidarity pool of the other Member States established under Article 48(1) may be used insofar as this does not jeopardize the functioning of the pool for those Member States.

Or. en

Amendment 2194

Damien Carême

Proposal for a regulation

Article 49 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the Migration Management Report identifies that a Member State referred to in Article 47(2) is faced with capacity challenges due to the presence of applicants who are vulnerable regardless of how they crossed the external borders, the solidarity pool established under Article 48(1) or Article 48(2) may also be used for the purpose of relocation of vulnerable persons. In such cases, the provisions of paragraph 2 shall apply.

deleted

Or. en

Amendment 2195

Charlie Weimers

Proposal for a regulation

Article 49 – paragraph 4

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2196

Charlie Weimers, Laura Huhtasaari, Peter Kofod

Proposal for a regulation

Article 49 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission shall support and facilitate the procedures leading to the relocation of applicants and the implementation of return sponsorship, paying particular attention to unaccompanied minors. It shall coordinate the operational aspects of relocation and return sponsorship, including with the assistance of experts or teams of experts to be deployed by the Asylum Agency or the European Border and Coast Guard Agency.

5. The Commission shall support and facilitate the procedures leading to the successful conclusion of agreements between Member States and third countries for the purposes of relocation to third country partner state reception centres of applicants for international protection and the facilitation of granted requests. In addition, the Commission shall also make it a priority to support by all means available, the successful implementation of return agreements, including by not providing any funds to beneficiary third countries that refuse to enter into return agreements with Member States of the European Union or refuse to host reception centres on their territory.

Or. en

Amendment 2197

Damien Carême

Proposal for a regulation

Article 49 – paragraph 5

Text proposed by the Commission

Amendment

5. The EU Relocation Coordinator shall support and facilitate the procedures leading to the relocation of applicants, paying particular attention to unaccompanied minors and other persons in a vulnerable situation. They shall coordinate the operational aspects of relocation, including with the assistance of experts or teams of experts to be deployed by the Asylum Agency or the European Border and Coast Guard Agency.

Or. en

Amendment 2198

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

Proposal for a regulation

Article 49 a (new)

Text proposed by the Commission

Amendment

Article 49a

Solidarity pool for a Member State under migratory pressure

1. Each year, on the basis of annual projection indicated in the Migration Management Report referred to in Article 6(4), third subparagraph, the Commission shall draw on a solidarity pool and coordinate the distribution of contributions when a Member State is under pressure.

2. Within two weeks of the adoption of the Migration Management Report, the Commission shall invite all other Member States that are not expected to be under migratory pressure to provide solidarity contributions referred to in Article45(1).

3. Within one month of the adoption of the Migration Management Report, Member States shall submit to the Commission their solidarity contributions commitments, including the share of each type of contribution where relevant.

Where the contributions includes return sponsorship, Member States shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the Member State concerned that they intend to sponsor.

Where Member States indicate capacity-building measures set out in Article 45(2), point (d) they shall also indicate the detailed arrangements and the time frame for their implementation.

4. Where the Commission considers that the contributions indicated by the Member States do not correspond to the needs identified in the Migration Management Report provided for in Article 6(4), it shall convene the Solidarity Forum within a maximum time of two weeks. In such cases, the Commission shall invite Member States to adjust their contributions in the course of the Solidarity Forum by submitting a revised version of their contributions.

Or. en

Justification

Partly moved from Article 52.

Amendment 2199

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

Proposal for a regulation

Article 49 b (new)

Text proposed by the Commission

Amendment

Article 49b

Commission implementing acts on solidarity in situations of migratory pressure

1. Within two weeks from the submission of Member States solidarity contributions commitments pursuant to Article 49a(3), first subparagraph or, where the Solidarity Forum is convened pursuant to Article 49a(4), within two weeks from the end of the Solidarity Forum, the Commission shall adopt an implementing act laying down the solidarity contributions commitments for the benefit of a Member State in the event of a migratory pressure to be taken by the other Member States and the timeframe for their implementation.

2. The types of contributions set out in the implementing act shall be those indicated by Member States. Where one or more Member States have not submitted their contributions, the Commission shall determine the types of contributions to be made by the Member State taking into account the needs identified in the Migration Management Report referred to in Article 6(4).

Where the measures proposed would lead to a shortfall greater than 30% of the total number of solidarity measures identified in the Migration Management Report under Article 45(1), points (a), (b), (a), (da), the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures would be required to cover 50% of their share calculated according to the distribution key set out in Article 54 through measures set out in Article 45(1), points (a), (b), (c), (da). The Commission shall adjust measures referred to in Article 45(1)(d) indicated by those Member States accordingly.

3. The implementing act shall set out:

(a) the total number of relocations pursuant to Article 45(1), points (a), (c) or (da);

(b) the total number of return sponsorships pursuant to Article 45(1), point (b);

(c) the distribution of persons to be relocated and/or those to be subject to return sponsorship among the Member States, on the basis of the distribution key set out in Article 54;

(d) the measures indicated by Member States pursuant to second subparagraph of paragraph 2.

The distribution referred to in paragraph 3 point (c) shall be adjusted where a Member State making a request pursuant to Article 52(4) demonstrates that over the preceding 5 years it has been responsible for twice the Union average per capita of applications for international protection. In such cases the Member State shall receive a deduction of 10/% of its share calculated according to the distribution key set out in Article 54. This deduction shall be distributed proportionately among the Member States making contributions referred to in Article 45(1) points (a), (b), (c) or (da);

4. On duly justified imperative grounds of urgency due to the migratory pressure present in a benefitting Member State, the Commission shall adopt immediately applicable implementing acts in accordance with the urgency procedure referred to in Article 67(3).

Those acts shall remain in force for a period not exceeding 1 year.

5. At the end of the one year period, the Commission shall report on the implementation of the solidarity contributions where relevant one month after the closure of the period. The report shall contain an analysis of the effectiveness of the measures undertaken.

Or. en

Justification

Partly moved from Article 53.

Amendment 2200

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 50

Text proposed by the Commission

Amendment

[...]

deleted

Or. it

Amendment 2201

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

Proposal for a regulation

Article 50

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2202

Nicola Procaccini

Proposal for a regulation

Article 50

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2203

Damien Carême

Proposal for a regulation

Article 50 – title

Text proposed by the Commission

Amendment

50 Assessment of migratory pressure

50 Assessment of pressure on the asylum or reception system

Or. en

Amendment 2204

Annalisa Tardino

Proposal for a regulation

Article 50 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Commission shall assess the migratory situation in a Member State where:

1. The Commission shall assess the migratory situation in a Member State following information by a:

Or. en

Amendment 2205

Damien Carême

Proposal for a regulation

Article 50 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Commission shall assess the migratory situation in a Member State where:

1. The Commission shall assess the asylum situation in a Member State where:

Or. en

Amendment 2206

Damien Carême

Proposal for a regulation

Article 50 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) that Member State has informed the Commission that it considers itself to be under migratory pressure;

(a) that Member State has informed the Commission that it considers its asylum or reception system to be at risk of pressure; or

Or. en

Amendment 2207

Proposal for a regulation

Article 50 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) that Member State has informed the Commission that it considers itself to be under migratory pressure;

(a) that Member State has informed the Commission that it considers itself to be under migratory pressure; and

Or. en

Amendment 2208

Annalisa Tardino

Proposal for a regulation

Article 50 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) that Member State has informed the Commission that it considers itself to be under migratory pressure;

(a) Member State that considers itself to be under migratory pressure;

Or. en

Amendment 2209

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) on the basis of available information, it considers that a Member State may be under migratory pressure.

deleted

Or. en

Amendment 2210

Annalisa Tardino

Proposal for a regulation

Article 50 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) on the basis of available information, it considers that a Member State may be under migratory pressure.

deleted

Or. en

Amendment 2211

Proposal for a regulation

Article 50 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) on the basis of available information, it considers that a Member State may be under migratory pressure.

(b) on the basis of available information, it considers that one or more Member States may be under migratory pressure, due to a constant level of arrivals, including after disembarkation, which would undermine the effective functioning of the procedures foreseen in Articles 14 and 45 of this Regulation.

Or. en

Amendment 2212

Damien Carême

Proposal for a regulation

Article 50 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) on the basis of available information, it considers that a Member State may be under migratory pressure.

(b) on the basis of available information, it considers that the asylum or reception system of a Member State may be at risk of pressure.

Or. en

Amendment 2213

Damien Carême

Proposal for a regulation

Article 50 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) The Council or European Parliament requests it to carry out such an assessment

Or. en

Amendment 2214

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 2

Text proposed by the Commission

Amendment

2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure. The Commission shall inform the European Parliament, the Council and the Member States, without delay, that it is undertaking an assessment.

2. The Asylum Agency and the European Border and Coast Guard Agency in close cooperation with competent Member State authorities, acting as equal partners, shall assist the Commission in drawing up the assessment of migratory pressure. The Commission shall inform the European Parliament, the Council and the Member States, without delay, that it is undertaking an assessment jointly with competent Member State authorities.

Or. en

Amendment 2215

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 50 – paragraph 2

Text proposed by the Commission

Amendment

2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure. The Member State concerned should also be involved in and be duly informed of all stages of such assessment. The Commission shall inform the European Parliament, the Council and the Member States, without delay, that it is undertaking an assessment.

Or. en

Amendment 2216

Proposal for a regulation

Article 50 – paragraph 2

Text proposed by the Commission

Amendment

2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure, in cooperation with the Member States in question. The Commission shall inform the European Parliament, the Council and the Member States concerned, without delay, that it is undertaking an assessment.

Or. en

Amendment 2217

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

Proposal for a regulation

Article 50 – paragraph 2

Text proposed by the Commission

Amendment

2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure in cooperation with the Member State in question. The Commission shall inform the European Parliament, the Council and the Member States, without delay, that it is undertaking an assessment.

Or. en

Amendment 2218

Damien Carême

Proposal for a regulation

Article 50 – paragraph 2

Text proposed by the Commission

Amendment

2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of pressure. The Commission shall inform the European Parliament, the Council and the Member States, without delay, that it is undertaking an assessment.

Or. en

Amendment 2219

Lukas Mandl

Proposal for a regulation

Article 50 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. The assessment of migratory pressure shall cover the situation in the Member State concerned during the preceding six months, compared to the overall situation in the Union, and shall be based in particular on the following information:

3. The assessment of migratory pressure shall cover the situation in the Member State concerned during the preceding five years, compared to the overall situation in the Union, and shall be based in particular on the following information:

Or. en

Justification

Pressure situations in Member States are often the result of long term developments such as a high number of asylum seeker over many years. Therefore, the assessment of developments of the previous 6 months is not sufficient and should be extended to 5 years.

Amendment 2220

Damien Carême

Proposal for a regulation

Article 50 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. The assessment of pressure shall cover the situation in the Member State concerned during the preceding twelve months, compared to the overall situation in the Union, and shall be based in particular on the following information:

Or. en

Amendment 2221

Proposal for a regulation

Article 50 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the number of applications for international protection by third-country nationals and the nationality of the applicants;

(a) the total number of applications for international protection by third-country nationals and the nationality of the applicants;

Or. en

Amendment 2222

Damien Carême

Proposal for a regulation

Article 50 – paragraph 3 – point a a (new)

Text proposed by the Commission

Amendment

(aa) the reception capacity of the Member State

Or. en

Amendment 2223

Proposal for a regulation

Article 50 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) the number of third-country nationals who have been detected by Member State authorities while not fulfilling, or no longer fulfilling, the conditions for entry, stay or residence in the Member State including overstayers within the meaning of Article 3(1)(19) of Regulation (EU) 2017/2226 of the European Parliament and of the Council58 ;

deleted

_________________

58 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011, OJ L 327, 9.12.2017, p. 20.

Or. en

Amendment 2224

Maria Walsh, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 50 – paragraph 3 – point b

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 2225

Damien Carême

Proposal for a regulation

Article 50 – paragraph 3 – point b

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 2226

Damien Carême

Proposal for a regulation

Article 50 – paragraph 3 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2227

Proposal for a regulation

Article 50 – paragraph 3 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2228

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 3 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 2229

Maria Walsh, Seán Kelly, Frances Fitzgerald, Colm Markey

Proposal for a regulation

Article 50 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) the number of third-country nationals who left the territory of the Member States following a return decision that respects Directive 2008/115/EC;

deleted

Or. en

Amendment 2230

Proposal for a regulation

Article 50 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) the number of third-country nationals who left the territory of the Member States following a return decision that respects Directive 2008/115/EC;

deleted

Or. en

Amendment 2231

Damien Carême

Proposal for a regulation

Article 50 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) the number of third-country nationals who left the territory of the Member States following a return decision that respects Directive 2008/115/EC;

deleted

Or. en

Amendment 2232

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) the number of third-country nationals who left the territory of the Member States following a return decision that respects Directive 2008/115/EC;

(d) the number of third-country nationals who left the territory of the Member States following a return decision;

Or. en

Amendment 2233

Damien Carême

Proposal for a regulation

Article 50 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) the number of third-country nationals admitted by the Member States through Union and national resettlement [or humanitarian admission] schemes;

deleted

Or. en

Amendment 2234

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) the number of third-country nationals admitted by the Member States through Union and national resettlement [or humanitarian admission] schemes;

(e) the number of third-country nationals admitted by the Member States;

Or. en

Amendment 2235

Proposal for a regulation

Article 50 – paragraph 3 – point f

Text proposed by the Commission

Amendment

(f) the number of incoming and outgoing take charge requests and take back notifications in accordance with Articles 34 and 36;

deleted

Or. en

Amendment 2236

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 3 – point f

Text proposed by the Commission

Amendment

(f) the number of incoming and outgoing take charge requests and take back notifications in accordance with Articles 34 and 36;

deleted

Or. en

Amendment 2237

Damien Carême

Proposal for a regulation

Article 50 – paragraph 3 – point f

Text proposed by the Commission

Amendment

(f) the number of incoming and outgoing take charge requests and take back notifications in accordance with Articles 34 and 36;

(f) the number of incoming and outgoing take charge requests in accordance with Articles 34 and 36;

Or. en

Amendment 2238

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 3 – point g

Text proposed by the Commission

Amendment

(g) the number of transfers carried out in accordance with Article 31;

deleted

Or. en

Amendment 2239

Proposal for a regulation

Article 50 – paragraph 3 – point g

Text proposed by the Commission

Amendment

(g) the number of transfers carried out in accordance with Article 31;

deleted

Or. en

Amendment 2240

Damien Carême

Proposal for a regulation

Article 50 – paragraph 3 – point h

Text proposed by the Commission

Amendment

(h) the number of persons apprehended in connection with an irregular crossing of the external land, sea or air border;

(h) the number of persons apprehended in connection with an irregular crossing of the external land, sea or air border who subsequently lodge an asylum claim;

Or. en

Amendment 2241

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

Proposal for a regulation

Article 50 – paragraph 3 – point h

Text proposed by the Commission

Amendment

(h) the number of persons apprehended in connection with an irregular crossing of the external land, sea or air border;

(h) the number of persons identified in connection with an irregular crossing of the external land, sea or air border;

Or. en

Amendment 2242

Proposal for a regulation

Article 50 – paragraph 3 – point h

Text proposed by the Commission

Amendment

(h) the number of persons apprehended in connection with an irregular crossing of the external land, sea or air border;

(h) the number of persons identified in connection with an irregular crossing of the external land, sea or air border;

Or. en

Amendment 2243

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 3 – point h

Text proposed by the Commission

Amendment

(h) the number of persons apprehended in connection with an irregular crossing of the external land, sea or air border;

(h) the number of persons apprehended in connection with an illegal crossing of the external land, sea or air border;

Or. en

Amendment 2244

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 50 – paragraph 3 – point h

Text proposed by the Commission

Amendment

(h) the number of persons apprehended in connection with an irregular crossing of the external land, sea or air border;

(h) the number of persons apprehended in connection with an illegal crossing of the external land, sea or air border;

Or. en

Amendment 2245

Proposal for a regulation

Article 50 – paragraph 3 – point i

Text proposed by the Commission

Amendment

(i) the number of persons refused entry in accordance with Article 14 of Regulation EU (No) 2016/399;

deleted

Or. en

Amendment 2246

Damien Carême

Proposal for a regulation

Article 50 – paragraph 3 – point i

Text proposed by the Commission

Amendment

(i) the number of persons refused entry in accordance with Article 14 of Regulation EU (No) 2016/399;

deleted

Or. en

Amendment 2247

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 3 – point i

Text proposed by the Commission

Amendment

(i) the number of persons refused entry in accordance with Article 14 of Regulation EU (No) 2016/399;

(i) the number of persons refused entry in accordance with national law;

Or. en

Amendment 2248

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 3 – point j

Text proposed by the Commission

Amendment

(j) the number and nationality of third-country nationals disembarked following search and rescue operations, including the number of applications for international protection;

(j) the number and nationality of third-country nationals disembarked after a failed mission to return migrants to the port of origin, including the number of applications for international protection;

Or. en

Amendment 2249

Proposal for a regulation

Article 50 – paragraph 3 – point j

Text proposed by the Commission

Amendment

(j) the number and nationality of third-country nationals disembarked following search and rescue operations, including the number of applications for international protection;

(j) the number and nationality of third-country nationals disembarked and following search and rescue operations and activities, including the number of applications for international protection;

Or. en

Amendment 2250

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

Proposal for a regulation

Article 50 – paragraph 3 – point k

Text proposed by the Commission

Amendment

(k) the number of unaccompanied minors.

(k) the number of vulnerable applicants, in particular unaccompanied minors.

Or. en

Amendment 2251

Proposal for a regulation

Article 50 – paragraph 3 – point k

Text proposed by the Commission

Amendment

(k) the number of unaccompanied minors.

(k) the number of vulnerable migrants, in particular unaccompanied minors.

Or. en

Amendment 2252

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 50 – paragraph 3 – point k

Text proposed by the Commission

Amendment

(k) the number of unaccompanied minors.

(k) the number of unaccompanied minors and children.

Or. en

Amendment 2253

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 50 – paragraph 3 – point k a (new)

Text proposed by the Commission

Amendment

(ka) the actions taken by the Member State to protect the external borders, in particular the financial and human expenditures for the protection of external borders;

Or. en

Amendment 2254

Proposal for a regulation

Article 50 – paragraph 3 – point k a (new)

Text proposed by the Commission

Amendment

(ka) the capacity of the Member States under migratory pressure, in particular in its overall needs in managing its asylum and reception caseload.

Or. en

Amendment 2255

Damien Carême

Proposal for a regulation

Article 50 – paragraph 3 – point k a (new)

Text proposed by the Commission

Amendment

(ka) the number of applicants in a vulnerable situation and the nature of their special procedural or reception needs

Or. en

Amendment 2256

Annalisa Tardino

Proposal for a regulation

Article 50 – paragraph 3 – point k a (new)

Text proposed by the Commission

Amendment

(ka) the number of third country nationals in specific areas or regions;

Or. en

Amendment 2257

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 50 – paragraph 3 – point k b (new)

Text proposed by the Commission

Amendment

(kb) a comparison of actions and expenditures for the protection of external borders by Member States at each external border section.

Or. en

Amendment 2258

Damien Carême

Proposal for a regulation

Article 50 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. The assessment of migratory pressure shall also take into account the following:

4. The assessment of risk of pressure shall also take into account the following:

Or. en

Amendment 2259

Annalisa Tardino

Proposal for a regulation

Article 50 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) the information presented by the Member State, where the assessment is carried out pursuant to paragraph 1, point (a);

deleted

Or. en

Amendment 2260

Proposal for a regulation

Article 50 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) the level of cooperation on migration with third countries of origin and transit, first countries of asylum, and safe third countries as defined in Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

deleted

Or. en

Amendment 2261

Damien Carême

Proposal for a regulation

Article 50 – paragraph 4 – point b

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2262

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) the level of cooperation on migration with third countries of origin and transit, first countries of asylum, and safe third countries as defined by Member States individually;

Or. en

Amendment 2263

Proposal for a regulation

Article 50 – paragraph 4 – point f

Text proposed by the Commission

Amendment

(f) the Migration Management Report referred to in Article 6(4);

deleted

Or. en

Amendment 2264

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 4 – point f

Text proposed by the Commission

Amendment

(f) the Migration Management Report referred to in Article 6(4);

(f) the Migration Mitigation Report referred to in Article 6(4);

Or. en

Amendment 2265

Damien Carême

Proposal for a regulation

Article 50 – paragraph 4 – point f

Text proposed by the Commission

Amendment

(f) the Migration Management Report referred to in Article 6(4);

(f) the Asylum Situation Report referred to in Article 6(4);

Or. en

Amendment 2266

Damien Carême

Proposal for a regulation

Article 50 – paragraph 4 – point h

Text proposed by the Commission

Amendment

(h) information from the visa liberalisation reporting process and dialogues with third countries;

deleted

Or. en

Amendment 2267

Proposal for a regulation

Article 50 – paragraph 4 – point h

Text proposed by the Commission

Amendment

(h) information from the visa liberalisation reporting process and dialogues with third countries;

deleted

Or. en

Amendment 2268

Charlie Weimers

Proposal for a regulation

Article 50 – paragraph 4 – point i

Text proposed by the Commission

Amendment

(i) quarterly bulletins on migration, and other reports, of the European Union Agency for Fundamental Rights.

(i) regular bulletins on migration, and other reports, of relevant Member State bodies.

Or. en

Amendment 2269

Damien Carême

Proposal for a regulation

Article 50 – paragraph 4 – point i a (new)

Text proposed by the Commission

Amendment

(ia) information and data from international organisations, NGOs and independent bodies.

Or. en

Amendment 2270

Damien Carême

Proposal for a regulation

Article 50 – paragraph 4 – point j

Text proposed by the Commission

Amendment

(j) the support provided by Union Agencies to the benefitting Member State.

(j) the support provided by Union Agencies and through the Union budget to the benefitting Member State.

Or. en

Amendment 2271

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 51

Text proposed by the Commission

Amendment

Article 51

deleted

Report on migratory pressure

1. The Commission shall consult the Member State concerned during its assessment undertaken pursuant to Article 50(1).

The Commission shall submit the report on migratory pressure to the European Parliament and to the Council within one month after the Commission informed them that it was carrying out an assessment pursuant to Article 50(2).

2. In the report, the Commission shall state whether the Member State concerned is under migratory pressure.

3. Where the Commission concludes that the Member State concerned is under migratory pressure, the report shall identify:

(a) the capacity of the Member State under migratory pressure in the field of migration management, in particular asylum and return as well as its overall needs in managing its asylum and return caseload;

(b) measures that are appropriate to address the situation and the expected timeframe for their implementation consisting, as appropriate, of:

(i) measures that the Member State under migratory pressure should take in the field of migration management, and in particular in the field of asylum and return;

(ii) measures referred to in Article 45(1), points (a), (b) and (c) to be taken by other Member States;

(iii) measures referred to in Article 45(1), point (d) to be taken by other Member States.

4. Where the Commission considers that a rapid response is required due to a developing situation in a Member State, it shall submit its report within two weeks at the latest from the date on which it informed the European Parliament, the Council and the Member States pursuant to Article 50(2) that it was carrying out an assessment.

Or. it

Amendment 2272

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

Proposal for a regulation

Article 51

Text proposed by the Commission

Amendment

Article 51

deleted

Report on migratory pressure

1. The Commission shall consult the Member State concerned during its assessment undertaken pursuant to Article 50(1).

2. In the report, the Commission shall state whether the Member State concerned is under migratory pressure.

3. Where the Commission concludes that the Member State concerned is under migratory pressure, the report shall identify:

(b) measures that are appropriate to address the situation and the expected timeframe for their implementation consisting, as appropriate, of:

(i) measures that the Member State under migratory pressure should take in the field of migration management, and in particular in the field of asylum and return;

(ii) measures referred to in Article 45(1), points (a), (b) and (c) to be taken by other Member States;

(iii) measures referred to in Article 45(1), point (d) to be taken by other Member States.

Or. en

Amendment 2273

Nicola Procaccini

Proposal for a regulation

Article 51

Text proposed by the Commission

Amendment

Article 51

deleted

Report on migratory pressure

1. The Commission shall consult the Member State concerned during its assessment undertaken pursuant to Article 50(1).

2. In the report, the Commission shall state whether the Member State concerned is under migratory pressure.

3. Where the Commission concludes that the Member State concerned is under migratory pressure, the report shall identify:

(b) measures that are appropriate to address the situation and the expected timeframe for their implementation consisting, as appropriate, of:

(i) measures that the Member State under migratory pressure should take in the field of migration management, and in particular in the field of asylum and return;

(ii) measures referred to in Article 45(1), points (a), (b) and (c) to be taken by other Member States;

(iii) measures referred to in Article 45(1), point (d) to be taken by other Member States.

Or. en

Amendment 2274

Damien Carême

Proposal for a regulation

Article 51 – title

Text proposed by the Commission

Amendment

Report on migratory pressure

Report on pressure on the asylum or reception system

Or. en

Amendment 2275

Proposal for a regulation

Article 51 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Commission shall consult the Member State concerned during its assessment undertaken pursuant to Article 50(1).

1. The Commission shall consult the Member States concerned during its assessment undertaken pursuant to Article 50(1).

Or. en

Amendment 2276

Charlie Weimers

Proposal for a regulation

Article 51 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2277

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 51 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission shall submit the proposal for a report on migratory pressure to the Council within one month after the Commission informed them that it was carrying out an assessment pursuant to Article 50(2). The Commission shall communicate the proposal for a report on migratory pressure to the European Parliament.

Or. en

Amendment 2278

Damien Carême

Proposal for a regulation

Article 51 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission shall submit the report on pressure to the European Parliament and to the Council within one month after the Commission informed them that it was carrying out an assessment pursuant to Article 50(2).

Or. en

Amendment 2279

Charlie Weimers

Proposal for a regulation

Article 51 – paragraph 2

Text proposed by the Commission

Amendment

2. In the report, the Commission shall state whether the Member State concerned is under migratory pressure.

deleted

Or. en

Amendment 2280

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 51 – paragraph 2

Text proposed by the Commission

Amendment

2. In the report, the Commission shall state whether the Member State concerned is under migratory pressure.

2. In the report, the Commission shall state whether it considers that the Member State concerned is under migratory pressure. The Council shall adopt the report on migratory pressure.

Or. en

Amendment 2281

Proposal for a regulation

Article 51 – paragraph 2

Text proposed by the Commission

Amendment

2. In the report, the Commission shall state whether the Member State concerned is under migratory pressure.

2. In the report, the Commission shall state and explain whether the Member States concerned are under migratory pressure.

Or. en

Amendment 2282

Damien Carême

Proposal for a regulation

Article 51 – paragraph 2

Text proposed by the Commission

Amendment

2. In the report, the Commission shall state whether the Member State concerned is under migratory pressure.

2. In the report, the Commission shall state whether the Member State concerned is at risk of pressure.

Or. en

Amendment 2283

Annalisa Tardino

Proposal for a regulation

Article 51 – paragraph 2

Text proposed by the Commission

Amendment

2. In the report, the Commission shall state whether the Member State concerned is under migratory pressure.

2. In the report, the Commission shall list elements related to migratory pressure.

Or. en

Amendment 2284

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 51 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Where the Commission concludes that the Member State concerned is under migratory pressure, the report shall identify:

3. Where the Council concludes that the Member State concerned is under migratory pressure, the report of the Council shall identify:

Or. en

Amendment 2285

Proposal for a regulation

Article 51 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Where the Commission concludes that the Member State concerned is under migratory pressure, the report shall identify:

3. Where the Commission concludes that the Member States concerned are under migratory pressure, the report shall identify:

Or. en

Amendment 2286

Damien Carême

Proposal for a regulation

Article 51 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Where the Commission concludes that the Member State concerned is under migratory pressure, the report shall identify:

3. Where the Commission concludes that the Member State concerned is at risk of pressure, the report shall identify:

Or. en

Amendment 2287

Damien Carême

Proposal for a regulation

Article 51 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the asylum and reception capacity of the Member State at risk of pressure as well as its overall needs in managing its asylum caseload;

Or. en

Amendment 2288

Proposal for a regulation

Article 51 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the capacity of the Member States under migratory pressure, in particular in its overall needs in managing its asylum and reception caseload;

Or. en

Amendment 2289

Damien Carême

Proposal for a regulation

Article 51 – paragraph 3 – point a a (new)

Text proposed by the Commission

Amendment

(aa) measures that the Member State has taken to reduce the risk of pressure;

Or. en

Amendment 2290

Damien Carême

Proposal for a regulation

Article 51 – paragraph 3 – point b – point i

Text proposed by the Commission

Amendment

(i) measures that the Member State under migratory pressure should take in the field of migration management, and in particular in the field of asylum and return;

(i) measures that the Member State at risk of pressure should take to enhance its reception capacity or address shortcomings in its ability to fulfil its obligations in compliance with EU and international law;

Or. en

Amendment 2291

Charlie Weimers

Proposal for a regulation

Article 51 – paragraph 3 – point b – point i

Text proposed by the Commission

Amendment

(i) measures that the Member State under migratory pressure should take in the field of migration management, and in particular in the field of asylum and return;

(i) measures that the Member State under migratory pressure should take in the field of migration mitigation, and in particular in the field of returns and third country reception as well as processing and facilitation of asylum;

Or. en

Amendment 2292

Proposal for a regulation

Article 51 – paragraph 3 – point b – point i

Text proposed by the Commission

Amendment

(i) measures that the Member State under migratory pressure should take in the field of migration management, and in particular in the field of asylum and return;

(i) measures that the Member States under migratory pressure should take in the field of asylum and reception;

Or. en

Amendment 2293

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 51 – paragraph 3 – point b – point i

Text proposed by the Commission

Amendment

(i) measures that the Member State under migratory pressure should take in the field of migration management, and in particular in the field of asylum and return;

(i) measures and actions that the Member State under migratory pressure should take, in particular in the field of asylum and return;

Or. en

Amendment 2294

Proposal for a regulation

Article 51 – paragraph 3 – point b – point ii

Text proposed by the Commission

Amendment

(ii) measures referred to in Article 45(1), points (a), (b) and (c) to be taken by other Member States;

(ii) measures identified by the Commission to support the Member States concerned, including:

(a) capacity building measures in the field of asylum and reception, corresponding to the needs of the Member States under pressure;

(b) relocation of beneficiaries of international protection who have been granted protection less than two years prior to the relocation.

Or. en

Amendment 2295

Damien Carême

Proposal for a regulation

Article 51 – paragraph 3 – point b – point ii

Text proposed by the Commission

Amendment

(ii) measures referred to in Article 45(1), points (a), (b) and (c) to be taken by other Member States;

(ii) The number of relocation places needed to reduce the risk of pressure

Or. en

Amendment 2296

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 51 – paragraph 3 – point b – point ii

Text proposed by the Commission

Amendment

(ii) measures referred to in Article 45(1), points (a), (b) and (c) to be taken by other Member States;

(ii) measures referred to in Article 45(1) to be taken by other Member States;

Or. en

Amendment 2297

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 51 – paragraph 3 – point b – point iii

Text proposed by the Commission

Amendment

(iii) measures referred to in Article 45(1), point (d) to be taken by other Member States.

deleted

Or. en

Amendment 2298

Damien Carême

Proposal for a regulation

Article 51 – paragraph 3 – point b – point iii

Text proposed by the Commission

Amendment

(iii) measures referred to in Article 45(1), point (d) to be taken by other Member States.

deleted

Or. en

Amendment 2299

Proposal for a regulation

Article 51 – paragraph 3 – point b – point iii

Text proposed by the Commission

Amendment

(iii) measures referred to in Article 45(1), point (d) to be taken by other Member States.

deleted

Or. en

Amendment 2300

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 51 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the Commission considers that a rapid response is required due to a developing situation in a Member State, it shall submit its proposal for a report to the Council within two weeks at the latest from the date on which it informed the European Parliament, the Council and the Member States pursuant to Article 50(2) that it was carrying out an assessment.

Or. en

Amendment 2301

Damien Carême

Proposal for a regulation

Article 51 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the Commission concludes that the Member State concerned is no longer merely at risk but actively under pressure and a rapid response is required, it shall submit its report within two weeks at the latest from the date on which it informed the European Parliament, the Council and the Member States pursuant to Article 50(2) that it was carrying out an assessment.

Or. en

Amendment 2302

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 52

Text proposed by the Commission

Amendment

[...]

deleted

Or. it

Amendment 2303

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

Proposal for a regulation

Article 52

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2304

Nicola Procaccini

Proposal for a regulation

Article 52

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2305

Charlie Weimers

Proposal for a regulation

Article 52 – title

Text proposed by the Commission

Amendment

Solidarity Response Plans in situations of migratory pressure

Voluntary Contribution Plans to respond to situations of migratory pressure

Or. en

Amendment 2306

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 52 – title

Text proposed by the Commission

Amendment

Solidarity Response Plans in situations of migratory pressure

Situations of migratory pressure

Or. en

Amendment 2307

Damien Carême

Proposal for a regulation

Article 52 – title

Text proposed by the Commission

Amendment

Solidarity Response Plans in situations of migratory pressure

Response in situations of pressure

Or. en

Amendment 2308

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

Proposal for a regulation

Article 52 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means of the solidarity contributions referred to in Article 45(1), points (a), (b) and (c). Member States shall prioritise the relocation of unaccompanied minors.

1. Within two weeks after the report referred to in Article 51 indicates that a Member State is under migratory pressure, the Commission shall coordinate the distribution of contributions under the solidarity pool referred to in Article 49a.

Or. en

Amendment 2309

Charlie Weimers

Proposal for a regulation

Article 52 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States are encouraged to contribute by means of the voluntary contributions referred to in Article 45(1), points (a), (b) and (c). Member States shall prioritise the relocation of unaccompanied minors to third country partner state reception centres.

Or. en

Amendment 2310

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 52 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves Member States under pressure, shall contribute by means of the solidarity contributions referred to in Article 45(1).

Or. en

Amendment 2311

Damien Carême

Proposal for a regulation

Article 52 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the report referred to in Article 51 indicates that the asylum or reception system of a Member State is at risk of pressure, Article 25(b) and 49(3) shall apply. Member States shall prioritise the relocation of unaccompanied minors and other persons in a vulnerable situation.

Or. en

Amendment 2312

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

Proposal for a regulation

Article 52 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 2313

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 52 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States can contribute by means of the voluntary contributions referred to in Article 45(1), points (a), (b) and (c). Member States shall prioritise the relocation of unaccompanied minors.

Or. en

Amendment 2314

Proposal for a regulation

Article 52 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means of the solidarity contributions referred to in Article 51(3) (b) (ii). Member States shall prioritise the relocation of unaccompanied minors.

Or. en

Amendment 2315

Damien Carême

Proposal for a regulation

Article 52 – paragraph 2

Text proposed by the Commission

Amendment

2. Where the report referred to in Article 51 identifies measures referred to in paragraph 3, point (b)(iii) of that Article, other Member States may contribute by means of those measures instead of measures referred to in Article 51(3)(b)(ii). Such measures shall not lead to a short fall of more than 30% of the total contributions identified in the report on migratory pressure under Article 51(3)(b)(ii).

deleted

Or. en

Amendment 2316

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 52 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2317

Proposal for a regulation

Article 52 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2318

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 52 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2319

Charlie Weimers

Proposal for a regulation

Article 52 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 2320

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

Proposal for a regulation

Article 52 – paragraph 2

Text proposed by the Commission

Amendment

2. The effort of contributions shall be shared proportionately between the contributing Member States, taking into account the distribution key and specific needs of the benefiting Member States identified in the report on migratory pressure. Member States shall prioritise the relocation of unaccompanied minors, unless it is not in their best interests.

Or. en

Amendment 2321

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

Proposal for a regulation

Article 52 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Where the solidarity pool falls short of the needs identified in the migratory pressure report, the Commission shall convene the Member States to adjust their contributions, pursuant to Article 49b.

Or. en

Amendment 2322

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

Proposal for a regulation

Article 52 – paragraph 3

Text proposed by the Commission

Amendment

3. Within two weeks from the adoption of the report referred to in Article 51, Member States shall submit to the Commission a Solidarity Response Plan by completing the form in Annex II. The Solidarity Response Plan shall indicate the type of contributions from among those set out in Article 51(3)(b)(ii) or, where relevant, the measures set out in Article 51(3)(b)(iii) that Member States propose to take. Where Member States propose more than one type of contribution set out in Article 51(3)(b)(ii), they shall indicate the share of each.

deleted

Where the Solidarity Response Plan includes return sponsorship, Member States shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the Member State concerned that they intend to sponsor.

Where Member States indicate measures set out in Article 51(3)(b)(iii) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.

Or. en

Justification

Moved to Article 49a.

Amendment 2323

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 52 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Where Member States indicate measures set out in Article 51(3)(b)(iii) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.

Or. en

Amendment 2324

Damien Carême

Proposal for a regulation

Article 52 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Where Member States indicate measures set out in Article 51(3)(b)(iii) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.

Or. en

Amendment 2325

Proposal for a regulation

Article 52 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Within two weeks from the adoption of the report referred to in Article 51, Member States shall submit to the Commission a Solidarity Response Plan by completing the form in Annex II. The Solidarity Response Plan shall indicate the type of contributions from among those set out in Article 51(3)(b)(ii) . Where Member States propose more than one type of contribution set out in Article 51(3)(b)(ii), they shall indicate the share of each.

Or. en

Amendment 2326

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 52 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Within two weeks from the adoption of the report referred to in Article 51, Member States shall submit to the Commission a Solidarity Response Plan by completing the form in Annex II. The Solidarity Response Plan shall indicate the type of contributions from among those set out in Article 45(1) that Member States propose to take. Where Member States propose more than one type of contribution set out in Article 45(1) they shall indicate the share of each.

Or. en

Amendment 2327

Charlie Weimers

Proposal for a regulation

Article 52 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Within two weeks from the adoption of the report referred to in Article 51, Member States are encouraged but not obliged to submit to the Commission a Voluntary Contribution Plan by completing the form in Annex II. The Solidarity Response Plan shall indicate the type of contributions from among those set out in Article 51(3)(b)(ii) or, where relevant, the measures set out in Article 51(3)(b)(iii) that Member States propose to take. Where Member States propose more than one type of contribution set out in Article 51(3)(b)(ii), they are encouraged to indicate the share of each.

Or. en

Amendment 2328

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

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

Moved to Article 49a.

Amendment 2329

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2330

Charlie Weimers

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where the Voluntary Contribution Plan includes return sponsorship or relocation to a third country partner state reception centre, Member States shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the Member State concerned that they intend to return or relocate to a third country partner state reception centre.

Or. en

Amendment 2331

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

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Where Member States indicate measures set out in Article 51(3)(b)(iii) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.

deleted

Or. en

Justification

Moved to Article 49a.

Amendment 2332

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Where Member States indicate measures set out in Article 51(3)(b)(iii) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.

deleted

Or. en

Amendment 2333

Charlie Weimers

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Where Member States indicate measures set out in Article 51(3)(b)(iii) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.

Where Member States indicate measures set out in Article 51(3)(b)(iii) in the Voluntary Contribution Plan they are also encouraged to indicate the detailed arrangements and the time-frame for their implementation.

Or. en

Amendment 2334

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Where Member States indicate measures set out in Article 51(3)(b)(iii) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.

Where Member States indicate measures set out in Article 45(1) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.

Or. en

Amendment 2335

Damien Carême

Proposal for a regulation

Article 52 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the Commission considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall convene the Solidarity Forum. In such cases, the Commission shall invite Member States to adjust the type of contributions in their Solidarity Response Plans in the course of the Solidarity Forum by submitting revised Solidarity Response Plans.

deleted

Or. en

Amendment 2336

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

Proposal for a regulation

Article 52 – paragraph 4

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

Moved to Article 49a.

Amendment 2337

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 52 – paragraph 4

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2338

Charlie Weimers

Proposal for a regulation

Article 52 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the Commission considers that the solidarity contributions indicated in the Voluntary Contribution Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall recommend to the Council to convene the Voluntary Contribution Forum by way of unanimous decision. In such cases, the Commission shall invite Member States to adjust the type of contributions in their Voluntary Contribution Plans in the course of the Voluntary Contribution Forum by submitting revised Voluntary Contribution Plans.

Or. en

Amendment 2339

Proposal for a regulation

Article 52 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the Commission considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51. In such cases, the Commission shall invite Member States to adjust the type of contributions by submitting revised Solidarity Response Plans.

Or. en

Amendment 2340

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 52 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the Council considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall convene a special Council meeting. In such cases, the Council shall invite Member States to adjust their contributions in their Solidarity Response Plans.

Or. en

Amendment 2341

Proposal for a regulation

Article 52 – paragraph 5

Text proposed by the Commission

Amendment

5. A Member State proposing solidarity contributions set out in Article 51(3)(b)(ii), may request a deduction of 10% of its share calculated according to the distribution key set out in Article 54 where it indicates in the Solidarity Response Plans that over the preceding five years it has examined twice the Union average per capita of applications for international protection.

deleted

Or. en

Amendment 2342

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 52 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2343

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 52 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2344

Lukas Mandl

Proposal for a regulation

Article 52 – paragraph 5

Text proposed by the Commission

Amendment

5. A Member State proposing solidarity contributions set out in Article 51(3)(b)(ii), shall be given a deduction of 50% of its share calculated according to the distribution key set out in Article 54 where it indicates in the Solidarity Response Plans that over the preceding five years it has examined twice the Union average per capita of first instance recognitions of international protection.

Or. en

Amendment 2345

Charlie Weimers

Proposal for a regulation

Article 52 – paragraph 5

Text proposed by the Commission

Amendment

5. A Member State proposing voluntary contributions set out in Article 51(3)(b)(ii), may request a deduction of 100% of its share calculated according to the distribution key set out in Article 54 where it indicates in the Voluntary Contribution Plan that over the preceding four decades it has examined above the Union average per capita of applications for international protection.

Or. en

Amendment 2346

Damien Carême

Proposal for a regulation

Article 52 – paragraph 5

Text proposed by the Commission

Amendment

5. A Member State proposing solidarity contributions may request a deduction of 10% of its share calculated according to the distribution key set out in Article 54 where it indicates in the Solidarity Response Plans that over the preceding five years it has examined twice the Union average per capita of applications for international protection.

Or. en

Amendment 2347

Lena Düpont

Proposal for a regulation

Article 52 – paragraph 5

Text proposed by the Commission

Amendment

5. A Member State proposing solidarity contributions set out in Article 51(3)(b)(ii), may request a deduction of 20% of its share calculated according to the distribution key set out in Article 54 where it indicates in the Solidarity Response Plans that over the preceding 10 years it has examined twice the Union average per capita of applications for international protection.

Or. en

Amendment 2348

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 53

Text proposed by the Commission

Amendment

[...]

deleted

Or. it

Amendment 2349

Nicola Procaccini

Proposal for a regulation

Article 53

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2350

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 53

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2351

Charlie Weimers

Proposal for a regulation

Article 53

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2352

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

Proposal for a regulation

Article 53

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Justification

Moved to Article 49b.

Amendment 2353

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 53

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2354

Damien Carême

Proposal for a regulation

Article 53

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2355

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

Proposal for a regulation

Article 53

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 2356

Proposal for a regulation

Article 53 – paragraph 1

Text proposed by the Commission

Amendment

1. Within two weeks from the submission of the Solidarity Response Plans referred to in Article 52(3) or, where the Solidarity Forum is convened pursuant to Article 52(4), within two weeks from the end of the Solidarity Forum, the Commission shall adopt an implementing act laying down the solidarity contributions for the benefit of the Member State under migratory pressure to be taken by the other Member States and the timeframe for their implementation.

1. Within two weeks from the submission of the Solidarity Response Plans referred to in Article 52, the Commission shall adopt an implementing act laying down the solidarity contributions for the benefit of the Member States under migratory pressure to be taken by the other Member States and the timeframe for their implementation.

Or. en

Amendment 2357

Proposal for a regulation

Article 53 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Where the type of contribution indicated by Member States in their solidarity response plans is that referred to in Article 45(1), point (d), the Commission shall assess whether the measures proposed are in proportion to the contributions that the Member States would have made by means of the measures referred to in Article 45(1), points (a), (b) or (c) as a result of the application of the distribution key set out in Article 54.

deleted

Or. en

Amendment 2358

Lukas Mandl

Proposal for a regulation

Article 53 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2359

Lukas Mandl

Proposal for a regulation

Article 53 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Where the measures proposed are not in proportion to the contributions that the contributing Member State would have made by means of the measures referred to in Article 45(1), points (a), (b) or (c), the Commission shall set out in the implementing act the measures proposed while adjusting their level.

deleted

Or. en

Amendment 2360

Proposal for a regulation

Article 53 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2361

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

on behalf of the ECR Group

Proposal for a regulation

Article 53 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. pl

Amendment 2362

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

on behalf of the ECR Group

Proposal for a regulation

Article 53 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

Where the measures proposed would lead to a shortfall greater than 30% of the total number of solidarity measures identified in the report on migratory pressure under Article 51(3)(b)(ii), the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures would be required to cover 50% of their share calculated according to the distribution key set out in Article 54 through measures set out in Article 51(3)(b)(ii). The Commission shall adjust measures referred to in Article 51(3)(b)(iii) indicated by those Member States accordingly.

deleted

Or. pl

Amendment 2363

Proposal for a regulation

Article 53 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

Where the Commission considers the measures proposed are inadequate, it shall adjust measures referred to in Article 51(3)(b)(ii) indicated by those Member States accordingly.

Or. en

Amendment 2364

Proposal for a regulation

Article 53 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the total number of persons to be relocated from the requesting Member State pursuant to Article 45(1), points (a) or (c), taking into account the capacity and needs of the requesting Member States in the area of asylum identified in the report referred to in Article 51(3)(b)(ii);

(a) the set of measures foreseen in Article 51 (3) (b) (ii) of this Regulation, including the total number of beneficiaries of international protection pursuant to Article 51 (3) (b) (ii) (b), that shall be relocated;

Or. en

Amendment 2365

Proposal for a regulation

Article 53 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) the total number of persons to be subject to return sponsorship from the requesting Member State pursuant to Article 45(1), point (b), taking into account the capacity and needs of the requesting Member States on return identified in the report referred to in Article 51(3)(b)(ii);

deleted

Or. en

Amendment 2366

Proposal for a regulation

Article 53 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) the distribution of persons to be relocated and/or those to be subject to return sponsorship among the Member States including the benefitting Member State, on the basis of the distribution key set out in Article 54;

deleted

Or. en

Amendment 2367

Proposal for a regulation

Article 53 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) the measures indicated by Member States pursuant to second, third and fourth subparagraph of paragraph 2.

deleted

Or. en

Amendment 2368

Lukas Mandl

Proposal for a regulation

Article 53 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) the measures indicated by Member States pursuant to second, third and fourth subparagraph of paragraph 2.

(d) the number of cases deducted according to Art 45 (1) (d).

Or. en

Amendment 2369

Lukas Mandl

Proposal for a regulation

Article 53 – paragraph 3 – point d a (new)

Text proposed by the Commission

Amendment

(da) the number and profile of persons to be subject to protection sponsorships according to Art. 45 (1) and 56 and determine the benefitting Member State as identified in the report on migratory pressure pursuant to Article 51 (5).

Or. en

Amendment 2370

Proposal for a regulation

Article 53 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The distribution referred to in paragraph 3 point (c) shall be adjusted where a Member State making a request pursuant to Article 52(5) demonstrates in the Solidarity Response Plan that over the preceding 5 years it has been responsible for twice the Union average per capita of applications for international protection. In such cases the Member State shall receive a deduction of 10/% of its share calculated according to the distribution key set out in Article 54. This deduction shall be distributed proportionately among the Member States making contributions referred to in Article 45(1) points (a), (b) and (c);

deleted

Or. en

Amendment 2371

Charlie Weimers

Proposal for a regulation

Article 53 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The distribution referred to in paragraph 3 point (c) shall be adjusted where a Member State making a request pursuant to Article 52(5) demonstrates in the Voluntary Contribution Plan that over the preceding four decades it has been responsible for above Union average per capita of applications for international protection. In such cases the Member State shall receive a deduction of 100% of its share calculated according to the distribution key set out in Article 54;

Or. en

Amendment 2372

Lukas Mandl

Proposal for a regulation

Article 53 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The distribution referred to in paragraph 3 point (c), (d) and (e) shall be adjusted where a Member State making a request pursuant to Article 52(5) demonstrates in the Solidarity Response Plan that over the preceding 5 years it has been responsible for twice the Union average per capita number of first instance asylum decisions. In such cases the Member State shall receive a deduction of 10/% of its share calculated according to the distribution key set out in Article 54. This deduction shall be distributed proportionately among the Member States making contributions referred to in Article 45(1) points (a), (b), (c), (d), (d a) and (d b);

Or. en

Justification

It is important to acknowledge pressure on national asylum and migration systems from the past, so that previous burdens allow for higher deductions in the solidarity contributions. There are Member States that have disproportionately contributed to the protection system in the EU, which should be properly acknowledged.

Amendment 2373

Proposal for a regulation

Article 53 – paragraph 4

Text proposed by the Commission

Amendment

4. Where contributions have been made in response to a request by a Member State for solidarity support from other Member States to assist it in addressing the migratory situation on its territory to prevent migratory pressure pursuant to Article 56(1) within the preceding year, and where they correspond to the type of measures set out in the implementing act, the Commission shall deduct these contributions from the corresponding contributions set out in the implementing act.

deleted

Or. en

Amendment 2374

Charlie Weimers

Proposal for a regulation

Article 53 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

Those acts shall remain in force for a period not exceeding 1 year.

Those acts shall remain in force for a period not exceeding three months.

Or. en

Amendment 2375

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 54

Text proposed by the Commission

Amendment

Article 54

deleted

Distribution key

The share of solidarity contributions referred to in Article 45(1), points (a), (b) and (c) to be provided by each Member State in accordance with Articles 48 and 53 shall be calculated in accordance with the formula set out in Annex III and shall be based on the following criteria for each Member State, according to the latest available Eurostat data:

(a) the size of the population (50% weighting);

(b) the total GDP (50% weighting).

Or. en

Amendment 2376

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 54

Text proposed by the Commission

Amendment

Article 54

deleted

Distribution key

(a) the size of the population (50% weighting);

(b) the total GDP (50% weighting).

Or. en

Amendment 2377

Damien Carême

Proposal for a regulation

Article 54 – title

Text proposed by the Commission

Amendment

Distribution key

Reference key

Or. en

Amendment 2378

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

on behalf of the ECR Group

Proposal for a regulation

Article 54 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The share of solidarity contributions referred to in Article 45(1), points (a), (b) and (c) to be provided by each Member State in accordance with Articles 48 and 53 should take into account the actual efforts of the Member States in the field of asylum, migration and border management, their effectiveness in terms of returns, their external dimension actions, the overall capacity of their own systems and potential migratory pressure on their territory. The Member States whose burden of responsibility is greater should have the option of reducing their solidarity contribution.

Or. pl

Amendment 2379

Nicola Procaccini

Proposal for a regulation

Article 54 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The share of contributions referred to in Article 45(1),to be provided by the contributing Member State, shall be calculated taking into account the following criteria:

Or. en

Amendment 2380

Proposal for a regulation

Article 54 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The share of solidarity contributions referred to in Articles 45 and 50 to 53 shall be based on the following criteria for each Member State, according to the latest available Eurostat data:

Or. en

Amendment 2381

Damien Carême

Proposal for a regulation

Article 54 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The share of solidarity contributions referred to in Article 45(1), points (a), (aa) and (c) to be provided by each Member State in accordance with Article 48 shall be calculated in accordance with the formula set out in Annex III and shall be based on the following criteria for each Member State, according to the latest available Eurostat data:

Or. en

Amendment 2382

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

on behalf of the ECR Group

Proposal for a regulation

Article 54 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the size of the population (50% weighting);

deleted

Or. pl

Amendment 2383

Proposal for a regulation

Article 54 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the size of the population (50% weighting);

(a) the size of the population (40% weighting);

Or. en

Amendment 2384

Damien Carême

Proposal for a regulation

Article 54 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the size of the population (50% weighting);

(a) the size of the population (35% weighting);

Or. en

Amendment 2385

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 54 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the size of the population (50% weighting);

(a) the size of the population (40% weighting);

Or. it

Amendment 2386

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

Proposal for a regulation

Article 54 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the size of the population (50% weighting);

(a) the size of the population (40% weighting);

Or. en

Amendment 2387

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

on behalf of the ECR Group

Proposal for a regulation

Article 54 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the total GDP (50% weighting).

deleted

Or. pl

Amendment 2388

Charlie Weimers

Proposal for a regulation

Article 54 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the total GDP (50% weighting).

(b) the inverse of the proportion of the population born in a third country (50% weighting).

Or. en

Amendment 2389

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 54 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the total GDP (50% weighting).

(b) the total GDP (40% weighting).

Or. it

Amendment 2390

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

Proposal for a regulation

Article 54 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the total GDP (50% weighting).

(b) the total GDP (40% weighting).

Or. en

Amendment 2391

Damien Carême

Proposal for a regulation

Article 54 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the total GDP (50% weighting).

(b) the total GDP (35% weighting).

Or. en

Amendment 2392

Proposal for a regulation

Article 54 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the total GDP (50% weighting).

(b) the total GDP (40% weighting).

Or. en

Amendment 2393

Lukas Mandl

Proposal for a regulation

Article 54 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the total GDP (50% weighting).

(b) the total GDP (25% weighting);

Or. en

Amendment 2394

Lukas Mandl

Proposal for a regulation

Article 54 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) the number of first instance decisions as an outcome of asylum procedures over the preceding 5 years (25% weighting).

Or. en

Justification

The distribution key should not only focus on population and GDP but also take into account the burden on national asylum system in the past. The best indicator for previous pressure situations is the number of taken asylum decisions.

Amendment 2395

Damien Carême

Proposal for a regulation

Article 54 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) the average number of asylum requests processed per one million inhabitants (15% weighting)

Or. en

Amendment 2396

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

Proposal for a regulation

Article 54 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) the unemployment rate (20%)

Or. en

Amendment 2397

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 54 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) the unemployment rate (20% weighting)

Or. it

Amendment 2398

Proposal for a regulation

Article 54 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) unemployment rate (20% weighting)

Or. en

Amendment 2399

Nicola Procaccini

Proposal for a regulation

Article 54 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) the unemployment rate

Or. en

Amendment 2400

Damien Carême

Proposal for a regulation

Article 54 – paragraph 1 – point b b (new)

Text proposed by the Commission

Amendment

(bb) the average number of resettled or admitted refugees per one million inhabitants (15% weighting)

Or. en