# C_2020363EN.01037101.xml

| 28.10.2020 | EN | Official Journal of the European Union | C 363/371 |
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28.10.2020

EN

Official Journal of the European Union

C 363/371

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P8_TA(2018)0468

Asylum, Migration and Integration Fund: Re-commitment of remaining amounts ***I

Amendments adopted by the European Parliament on 29 November 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 516/2014 of the European Parliament and the Council, as regards the re-commitment of the remaining amounts committed to support the implementation of the Council Decisions (EU) 2015/1523 and (EU) 2015/1601 or the allocation thereof to other actions under the national programmes (COM(2018)0719 — C8-0448/2018 — 2018/0371(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 363/40)

Amendment 1

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | The purpose of this Regulation is to enable the re-commitment of the remaining amounts committed to support the implementation of the Council Decisions (EU) 2015/1523 and (EU) 2015/1601 provided for under Regulation (EU) No 516/2014 of the European Parliament and the Council (8) or the allocation of them to other actions under the national programmes in line with Union priorities and Member States' needs in
  the
  areas of migration and asylum. |

Text proposed by the Commission

Amendment

(1)

The purpose of this Regulation is to enable the re-commitment of the remaining amounts committed to support the implementation of the Council Decisions (EU) 2015/1523 and (EU) 2015/1601 provided for under Regulation (EU) No 516/2014 of the European Parliament and the Council (8) or the allocation of them to other actions under the national programmes in line with Union priorities and Member States' needs in
  the
  areas of migration and asylum.

| (1) | The purpose of this Regulation is to enable the re-commitment of the remaining amounts committed to support the implementation of the Council Decisions (EU) 2015/1523 and (EU) 2015/1601 provided for under Regulation (EU) No 516/2014 of the European Parliament and the Council (8) or the allocation of them to other actions under the national programmes in line with Union priorities and Member States' needs in
  specific
  areas of migration and asylum
  . It is also to ensure that such re-commitment or allocation occurs in a transparent manner
  . |
| --- | --- |

(1)

The purpose of this Regulation is to enable the re-commitment of the remaining amounts committed to support the implementation of the Council Decisions (EU) 2015/1523 and (EU) 2015/1601 provided for under Regulation (EU) No 516/2014 of the European Parliament and the Council (8) or the allocation of them to other actions under the national programmes in line with Union priorities and Member States' needs in
  specific
  areas of migration and asylum
  . It is also to ensure that such re-commitment or allocation occurs in a transparent manner
  .

Amendment 2

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | Member States should have the possibility to use the above-mentioned amounts to continue implementing relocation by re-committing the amounts to the same action in the national programmes.
  In addition
  , it should be possible, duly justified in the revision of Member States' national programmes, to
  use this funding also to address other challenges
  in the area of migration and asylum, in line with the Asylum, Migration and Integration Fund Regulation. Member States' needs in
  these
  areas remain significant. Re-commitments of the above-mentioned amounts to the same action, or their transfer to other actions under the national programme should be possible only once and with the approval of the Commission. |

Text proposed by the Commission

Amendment

(4)

Member States should have the possibility to use the above-mentioned amounts to continue implementing relocation by re-committing the amounts to the same action in the national programmes.
  In addition
  , it should be possible, duly justified in the revision of Member States' national programmes, to
  use this funding also to address other challenges
  in the area of migration and asylum, in line with the Asylum, Migration and Integration Fund Regulation. Member States' needs in
  these
  areas remain significant. Re-commitments of the above-mentioned amounts to the same action, or their transfer to other actions under the national programme should be possible only once and with the approval of the Commission.

| (4) | Member States should have the possibility to use the above-mentioned amounts to continue implementing relocation by re-committing the amounts to the same action in the national programmes.
  As a minimum, Member States should re-commit 20 % of those amounts to actions in national programmes, for relocation of applicants for international protection or relocation of beneficiaries of international protection, or for resettlement and other ad-hoc humanitarian admission. For the remainder of those amounts
  , it should be possible,
  where
  duly justified in the revision of Member States' national programmes, to
  fund specific actions provided for in Chapters II and III
  in the area of migration and asylum, in line with the Asylum, Migration and Integration Fund Regulation,
  notably in developing aspects of the Common European Asylum System, in particular family reunification or for supporting legal migration to the Member States and promoting the effective integration of third-country nationals.
  Member States' needs in
  those
  areas remain significant. Re-commitments of the above-mentioned amounts to the same action, or their transfer to other actions under the national programme should be possible only once and with the approval of the Commission.
  Member States should ensure that the allocation of funds takes place in full respect of the principles set out in the Financial Regulation, in particular efficiency and transparency. |
| --- | --- |

(4)

Member States should have the possibility to use the above-mentioned amounts to continue implementing relocation by re-committing the amounts to the same action in the national programmes.
  As a minimum, Member States should re-commit 20 % of those amounts to actions in national programmes, for relocation of applicants for international protection or relocation of beneficiaries of international protection, or for resettlement and other ad-hoc humanitarian admission. For the remainder of those amounts
  , it should be possible,
  where
  duly justified in the revision of Member States' national programmes, to
  fund specific actions provided for in Chapters II and III
  in the area of migration and asylum, in line with the Asylum, Migration and Integration Fund Regulation,
  notably in developing aspects of the Common European Asylum System, in particular family reunification or for supporting legal migration to the Member States and promoting the effective integration of third-country nationals.
  Member States' needs in
  those
  areas remain significant. Re-commitments of the above-mentioned amounts to the same action, or their transfer to other actions under the national programme should be possible only once and with the approval of the Commission.
  Member States should ensure that the allocation of funds takes place in full respect of the principles set out in the Financial Regulation, in particular efficiency and transparency.

Amendment 3

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | The target group eligible for relocation should be expanded to give more flexibility to Member States in carrying out relocations. |

Text proposed by the Commission

Amendment

(5)

The target group eligible for relocation should be expanded to give more flexibility to Member States in carrying out relocations.

| (5) | The target group eligible for relocation
  as well as the countries from where relocation takes place
  should be expanded to give more flexibility to Member States in carrying out relocations.
  Priority should be given to the relocation of unaccompanied minors, other vulnerable applicants and family members of beneficiaries of international protection. |
| --- | --- |

(5)

The target group eligible for relocation
  as well as the countries from where relocation takes place
  should be expanded to give more flexibility to Member States in carrying out relocations.
  Priority should be given to the relocation of unaccompanied minors, other vulnerable applicants and family members of beneficiaries of international protection.

Amendment 4

Proposal for a regulation

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | Member States should also have sufficient time to use the amounts re-committed to the same action or transferred to other actions prior to the decommitment of these amounts. Therefore, when such re-commitments or transfers of amounts under the national programme are approved by the Commission, the amounts concerned should be considered to have been committed in the year of the revision of the national programme that approves the re-commitment or the transfer concerned. |

Text proposed by the Commission

Amendment

(7)

Member States should also have sufficient time to use the amounts re-committed to the same action or transferred to other actions prior to the decommitment of these amounts. Therefore, when such re-commitments or transfers of amounts under the national programme are approved by the Commission, the amounts concerned should be considered to have been committed in the year of the revision of the national programme that approves the re-commitment or the transfer concerned.

| (7) | Member States should also have sufficient time to use the amounts re-committed to the same action or transferred to other
  specific
  actions prior to the decommitment of these amounts. Therefore, when such re-commitments or transfers of amounts under the national programme are approved by the Commission, the amounts concerned should be considered to have been committed in the year of the revision of the national programme that approves the re-commitment or the transfer concerned. |
| --- | --- |

(7)

Member States should also have sufficient time to use the amounts re-committed to the same action or transferred to other
  specific
  actions prior to the decommitment of these amounts. Therefore, when such re-commitments or transfers of amounts under the national programme are approved by the Commission, the amounts concerned should be considered to have been committed in the year of the revision of the national programme that approves the re-commitment or the transfer concerned.

Amendment 5

Proposal for a regulation

Recital 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | The Commission should report annually to the European Parliament and to the Council as regards the application of resources for the transfer of applicants for international protection and of beneficiaries of international protection, in particular as regards transfers to other actions under the national programme and re-commitments. |

Text proposed by the Commission

Amendment

(7a)

The Commission should report annually to the European Parliament and to the Council as regards the application of resources for the transfer of applicants for international protection and of beneficiaries of international protection, in particular as regards transfers to other actions under the national programme and re-commitments.

Amendment 6

Proposal for a regulation

Recital 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12a) | Without amendment of Regulation (EU) No 516/2014 before the end of 2018, the relevant funding will no longer be available for Member States' use under the national programmes supported by the Asylum, Migration and Integration Fund. Given the urgency of amending Regulation (EU) No 516/2014, it is appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community. |

Text proposed by the Commission

Amendment

(12a)

Without amendment of Regulation (EU) No 516/2014 before the end of 2018, the relevant funding will no longer be available for Member States' use under the national programmes supported by the Asylum, Migration and Integration Fund. Given the urgency of amending Regulation (EU) No 516/2014, it is appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

Amendment 7

Proposal for a regulation

Article 1 — paragraph 1 — point - 1 (new)

Regulation (EU) No 516/2014

Article 18 — title

| Present text | Amendment |
| --- | --- |
| | (-1) | The title is replaced by the following: |

Present text

Amendment

(-1)

Resources for the transfer of beneficiaries of international protection

‘Resources for the transfer of
  applicants for international protection or of
  beneficiaries of international protection’;

Amendment 8

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Regulation (EU) No 516/2014

Article 18 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | In paragraph 1, the words ‘beneficiary of international protection’ are replaced by the words ‘applicant for international protection or beneficiary of international protection’; |

Text proposed by the Commission

Amendment

(1)

deleted

Amendment 9

Proposal for a regulation

Article 1 — paragraph 1 — point 1 a (new)

Regulation (EU) No 516/2014

Article 18 — paragraph 1

| Present text | Amendment |
| --- | --- |
| | (1a) | Paragraph 1 is replaced by the following: |

Present text

Amendment

(1a)

‘1.   With a view to implementing the principle of solidarity and fair sharing of responsibility and in the light of Union policy developments within the implementation period of the Fund, Member States shall receive, in addition to their allocation calculated in accordance with point (a) of Article 15(1), an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR
  6 000
  for each beneficiary of international protection transferred from another Member State.’;

‘1.   With a view to implementing the principle of solidarity and fair sharing of responsibility and in the light of Union policy developments within the implementation period of the Fund, Member States shall receive, in addition to their allocation calculated in accordance with point (a) of Article 15(1), an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR
  10 000
  for each
  applicant for international protection and
  beneficiary of international protection transferred from another Member State.’;

Amendment 10

Amendment 10

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2

Article 1 — paragraph 1 — point 2

Regulation (EU) No 516/2014

Article 18 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The additional amounts referred to in paragraph 1 of this Article shall be allocated to the Member States for the first time in the individual financing decisions approving their national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) No 514/2014 and later in a financing decision to be annexed to the decision approving their national programme. Re-commitments of those amounts to the same action under the national programme or transfers thereof to other actions under the national programme shall be possible where duly justified in the revision of the respective national programme. An amount may only be re-committed or transferred once. The Commission shall approve the re-commitment or transfer through the revision of the national programme. | 3.   The additional amounts referred to in paragraph 1 of this Article shall be allocated to the Member States for the first time in the individual financing decisions approving their national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) No 514/2014 and later in a financing decision to be annexed to the decision approving their national programme. Re-commitments of those amounts to the same action under the national programme or transfers thereof to other
  specific
  actions
  provided for under Chapter II and Chapter III of this Regulation
  under the national programme shall be possible where duly justified in the revision of the respective national programme. An amount may only be re-committed or transferred once. The Commission shall approve the re-commitment or transfer through the revision of the national programme.
  The funding shall be allocated transparently and efficiently in line with the objectives of the national programme. |
| | In respect of amounts stemming from the provisional measures established by Decisions (EU) 2015/1523 and (EU) 2015/1601, at least 20 % of the amounts to be re-committed shall be re-committed to actions under the national programmes for relocation of applicants for international protection or relocation of beneficiaries of international protection, or for resettlement and other ad-hoc humanitarian admission. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The additional amounts referred to in paragraph 1 of this Article shall be allocated to the Member States for the first time in the individual financing decisions approving their national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) No 514/2014 and later in a financing decision to be annexed to the decision approving their national programme. Re-commitments of those amounts to the same action under the national programme or transfers thereof to other actions under the national programme shall be possible where duly justified in the revision of the respective national programme. An amount may only be re-committed or transferred once. The Commission shall approve the re-commitment or transfer through the revision of the national programme.

3.   The additional amounts referred to in paragraph 1 of this Article shall be allocated to the Member States for the first time in the individual financing decisions approving their national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) No 514/2014 and later in a financing decision to be annexed to the decision approving their national programme. Re-commitments of those amounts to the same action under the national programme or transfers thereof to other
  specific
  actions
  provided for under Chapter II and Chapter III of this Regulation
  under the national programme shall be possible where duly justified in the revision of the respective national programme. An amount may only be re-committed or transferred once. The Commission shall approve the re-commitment or transfer through the revision of the national programme.
  The funding shall be allocated transparently and efficiently in line with the objectives of the national programme.

In respect of amounts stemming from the provisional measures established by Decisions (EU) 2015/1523 and (EU) 2015/1601, at least 20 % of the amounts to be re-committed shall be re-committed to actions under the national programmes for relocation of applicants for international protection or relocation of beneficiaries of international protection, or for resettlement and other ad-hoc humanitarian admission.

In respect of amounts stemming from the provisional measures established by Decisions (EU) 2015/1523 and (EU) 2015/1601, at least 20 % of the amounts to be re-committed shall be re-committed to actions under the national programmes for relocation of applicants for international protection or relocation of beneficiaries of international protection, or for resettlement and other ad-hoc humanitarian admission.

Amendment 11

Amendment 11

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3

Article 1 — paragraph 1 — point 3

Regulation (EU) No 516/2014

Article 18 — paragraph 3a

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3a.   For the purpose of Article 50(1) of Regulation (EU) No 514/2014, where amounts stemming from the provisional measures established by Decisions (EU) No 2015/1523 and (EU) No 2015/1601 are re-committed to the same action under the national programme or transferred to other actions under the national programme in accordance with paragraph 3, the amounts concerned shall be considered to have been committed in the year of the revision of the national programme that approves the re-commitment or transfer in question. | 3a.   For the purpose of Article 50(1) of Regulation (EU) No 514/2014, where amounts stemming from the provisional measures established by Decisions (EU) No 2015/1523 and (EU) No 2015/1601 are re-committed to the same action under the national programme or transferred to other
  specific
  actions under the national programme in accordance with paragraph 3, the amounts concerned shall be considered to have been committed in the year of the revision of the national programme that approves the re-commitment or transfer in question. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.   For the purpose of Article 50(1) of Regulation (EU) No 514/2014, where amounts stemming from the provisional measures established by Decisions (EU) No 2015/1523 and (EU) No 2015/1601 are re-committed to the same action under the national programme or transferred to other actions under the national programme in accordance with paragraph 3, the amounts concerned shall be considered to have been committed in the year of the revision of the national programme that approves the re-commitment or transfer in question.

3a.   For the purpose of Article 50(1) of Regulation (EU) No 514/2014, where amounts stemming from the provisional measures established by Decisions (EU) No 2015/1523 and (EU) No 2015/1601 are re-committed to the same action under the national programme or transferred to other
  specific
  actions under the national programme in accordance with paragraph 3, the amounts concerned shall be considered to have been committed in the year of the revision of the national programme that approves the re-commitment or transfer in question.

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3

Article 1 — paragraph 1 — point 3

Regulation (EU) No 516/2014

Article 18 — paragraph 3 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3c.
     
  The Commission shall report annually to the European Parliament and to the Council on the application of this Article, in particular as regards the transfers of amounts to other actions under national programmes and re-commitments. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3c.
     
  The Commission shall report annually to the European Parliament and to the Council on the application of this Article, in particular as regards the transfers of amounts to other actions under national programmes and re-commitments.

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 4

Article 1 — paragraph 1 — point 4

Regulation (EU) No 516/2014

Article 18 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | In paragraph 4, the words ‘beneficiaries of international protection’' are replaced by the words ‘applicants for international protection or beneficiaries of international protection’. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4)

(4)

In paragraph 4, the words ‘beneficiaries of international protection’' are replaced by the words ‘applicants for international protection or beneficiaries of international protection’.

deleted

deleted

Amendment 14

Amendment 14

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 4 a (new)

Article 1 — paragraph 1 — point 4 a (new)

Regulation (EU) No 516/2014

Article 18 — paragraph 4

| Present text | Amendment |
| --- | --- |
| | (4a) | Paragraph 4 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(4a)

(4a)

Paragraph 4 is replaced by the following:

4.   To effectively pursue the objectives of solidarity and responsibility sharing between the Member States referred to in Article 80 TFEU, and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 26 of this Regulation to adjust the lump sum referred to in paragraph 1 of this Article, in particular taking into account the current rates of inflation, relevant developments in the field of transfer of beneficiaries of international protection from one Member State to another, as well as factors which can optimise the use of the financial incentive brought by the lump sums.

4.   To effectively pursue the objectives of solidarity and responsibility sharing between the Member States referred to in Article 80 TFEU, and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 26 of this Regulation to adjust the lump sum referred to in paragraph 1 of this Article, in particular taking into account the current rates of inflation, relevant developments in the field of transfer of
  applicants for international protection and
  beneficiaries of international protection from one Member State to another
  and for resettlement and other ad-hoc humanitarian admission
  , as well as factors which can optimise the use of the financial incentive brought by the lump sums.

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(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0370/2018).

1

(8)  Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (OJ L 150, 20.5.2014, p. 168).

8

(8)  Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (OJ L 150, 20.5.2014, p. 168).

8

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