European Parliament legislative resolution on the Commission proposal for a Council decision establishing the European Refugee Fund for the period 2005-2010 (COM(2004) 102 — C5-0096/2004 — 2004/0032(CNS))
Date: 2004-04-20
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: admission of aliens, aid to refugees, fund (EU), refugee

30.4.2004

EN

Official Journal of the European Union

C 104 E/395

Part B

Checks at the premises of undertakings

Tuesday 20 April 2004

The elements of checks at the premises of undertakings, in addition to those for roadside checks, are:

1) weekly rest periods and driving periods between these rest periods;

2)

two-weekly limitation of driving hours;

3) maximum average weekly working time over a four-month reference period, or six-month reference

period, if national legislation so permits;

4)

the use of record sheets, digital tachograph data and/or the organisation of drivers’ working times;

5)

6)

average maximum weekly working time of 48 hours over the reference period in Article 4(a) of Direc-
tive 2002/15/EC;

check on co-liability of other instigators or accessories in the transport chain, such as shippers, freight
forwarders or contractors, if an infringement is detected, including verification that contracts for the
provision of transport permit compliance with the rules contained in Regulation (EEC) Nos 3820/85
and 3821/85 or Directive 2002/15/EC.

ANNEX II

Standard equipment to be available to enforcement staff

Member States shall ensure that the following standard equipment is available to enforcement inspectors
carrying out the duties set out in Annex I:

1) portable computer with software capable of downloading data from the vehicle unit and driver card of
the digital tachograph and analysing data or transmitting findings to a central database for analysis.
This equipment must be interoperable between Member State competent enforcement authorities;

2)

equipment to check the old tachograph sheets.

P5_TA(2004)0307

European Refugee Fund 2005-2010 *

European Parliament legislative resolution on the Commission proposal for a Council decision
establishing the European Refugee Fund for the period 2005-2010 (COM(2004) 102 (cid:1) C5-0096/
2004 (cid:1) 2004/0032(CNS))

(Consultation procedure)

The European Parliament,

(cid:1) having regard to the Commission proposal (COM(2004) 102) (1),

(cid:1) having regard to Article 63(2)(b) of the EC Treaty,

(1) Not yet published in the OJ.

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(cid:1) having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament

(C5-0096/2004),

(cid:1) having regard to Rule 67 of its Rules of Procedure,

(cid:1) having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home

Affairs and the opinion of the Committee on Budgets.(A5-0267/2004),

1.

Approves the Commission proposal as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC

2.
Treaty;

3.
Considers that the financial statement of the Commission proposal for the period 2005-2006 is
compatible with the ceiling of heading 3 of the current Financial Perspective without restricting other
policies; asks the Commission to reassess the appropriations for the period 2007-2010 in the light of the
new Financial Perspective for the period commencing in 2007;

4.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal sub-

5.
stantially;

6.

Instructs its President to forward its position to the Council and the Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
Recital 3

It is necessary to continue this process and establish a
(3)
European Refugee Fund for the period 2005-2010 to ensure
solidarity between the Member States in the light of new Com-
munity asylum legislation and taking account of the experience
acquired when implementing the first phase of the Fund for the
period 2000-2004.

It is necessary to continue this process and establish a
(3)
European Refugee Fund for the period 2005-2010 to ensure
solidarity between the Member States in the light of new Com-
munity asylum legislation and taking account of the experience
acquired when implementing the first phase of the Fund for the
period 2000-2004, and the recent and ongoing discussions at
EU and international level on the reform and possible streng-
thening of international protection regimes.

Amendment 2
Recital 3a (new)

(3a) The second phase of the Fund goes beyond the current
Financial Perspective. A re-assessment of the Fund’s financial
endowment in view of its compatibility with the new finan-
cial framework is therefore required.

Amendment 3
Recital 4

It is necessary to support the efforts made by the Member
(4)
States to grant appropriate reception conditions to refugees and
displaced persons and to apply fair and effective asylum pro-
cedures so as to protect the rights of persons requiring inter-
national protection and enable asylum systems
to work
smoothly.

It is necessary to support and improve the efforts made
(4)
by the Member States to grant appropriate reception conditions
to refugees and displaced persons so as to take account of the
special needs of the most vulnerable groups (such as unac-
companied minors, victims of torture or rape, victims of traf-
ficking or forms of sexual abuse, individuals in need of spe-

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TEXT PROPOSED
BY THE COMMISSION

Tuesday 20 April 2004

AMENDMENTS
BY PARLIAMENT

cial medical treatment), and to apply fair and effective asylum
procedures and promote good practice so as to protect the
rights of persons requiring international protection and enable
asylum systems to work smoothly.

Amendment 4
Recital 8

Practical support is needed to create or improve con-
(8)
ditions enabling refugees and displaced persons to take an
informed decision to leave the territory of the Member States
and return home, should they so wish.

Practical support is needed to create or improve con-
(8)
ditions enabling refugees and displaced persons who wish to
leave the territory of the Member States and return home, to
do so in full knowledge of the considerations involved and in
safety and dignity.

Amendment 5
Recital 13

(13)
It is fair to allocate resources proportionately to the
burden on each Member State by reason of its efforts in receiv-
ing refugees and displaced persons.

(13) Whilst it is appropriate to increase the fixed amount
awarded to each Member State in order to contribute to
improving their asylum system, it remains fair to allocate a
large part of the resources proportionately to the burden on
each Member State by reason of its efforts in receiving refugees
and displaced persons.

Amendment 6
Recital 15

(15) The Member States should provide sufficient guarantees
as regards arrangements for implementation and quality of
execution, as regards the results of action implementation and
assessment and as regards proper financial management and
supervision.

(15) The Member States should provide sufficient guarantees
as regards arrangements for implementation and quality of
execution, as regards the results of action implementation and
its transparency and as regards assessment and proper finan-
cial management and supervision.

Amendment 7
Recital 19

(19) The effectiveness and impact of actions supported by the
European Refugee Fund also depend on their evaluation. The
responsibilities of the Member States and the Commission in
this regard, and arrangements to ensure the reliability of evalu-
ation, should be formalised.

(19) The effectiveness and impact of actions supported by the
European Refugee Fund also depend on their evaluation and
the dissemination of the results. The responsibilities of the
Member States and the Commission in this
regard, and
arrangements to ensure the reliability of evaluation and the
quality of the related information (ex-ante and ex-post),
should be formalised.

Amendment 8
Article 2, paragraph 2

In the context of the budgetary procedure for 2008, the
2.
Commission shall
the latest,
indicate, by 1 May 2007 at
whether the amount for 2008-2010 is sufficient for the new
financial perspectives. If necessary, the Commission shall take
steps in the course of the 2008-2010 budgetary procedures to
ensure that the annual appropriations are consistent with the
financial perspectives.

In the context of the budgetary procedure for 2007, the
2.
Commission shall
the latest,
indicate, by 1 May 2006 at
whether the indicative amounts for 2007-2010 are compat-
ible with the new financial perspectives. If necessary, and tak-
ing account of the real needs established at that time, the
Commission shall submit to the budgetary authority a pro-
posal to revise the appropriations to be made available to
the Fund.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 9
Article 3, points (4) and (5)

(4) any third-country nationals or stateless persons who have
applied for one of the forms of protection described in
points 1 and 3;

(4) any third-country nationals or stateless persons enjoying
temporary protection within the meaning of Directive
2001/55/EC;

(5) any third-country nationals or stateless persons enjoying
temporary protection within the meaning of Directive
2001/55/EC.

(5) any third-country nationals or stateless persons who have
applied for one of the forms of protection described in
points 1 and 3.

(b)

integration of persons referred to in Article 3 whose stay
in the Member State is of a lasting and/or stable nature;

(b)

integration of persons referred to in Article 3;

Amendment 10
Article 4, paragraph 1, point (b)

Amendment 28
Article 4, paragraph 1, point (c)

(c) voluntary return of persons referred to in Article 3, pro-
vided they have not acquired a new nationality and have
not left the territory of the Member State.

(c) voluntary return of persons referred to in Article 3, pro-
vided they have not acquired a new nationality and have
not left the territory of the Member State. The Fund shall
not support the forced return of rejected asylum seekers.

Amendment 12
Article 4, paragraph 3

Actions shall take account of gender-related issues and of
3.
the specific needs of the most vulnerable, including persons
who have been tortured or subjected to inhuman and degrad-
ing treatment and shall give priority to the best interests of
children. The actions provided for in paragraph 1(a), (b) and (c)
may be carried out on a joint basis.

Actions shall take account of gender-related issues, the
3.
best interests of children and of the specific needs of the
most vulnerable (such as unaccompanied minors, victims of
torture or rape, victims of trafficking or forms of sexual
abuse, individuals in need of special medical treatment). The
actions provided for in paragraph 1(a), (b) and (c) may be car-
ried out on a joint basis.

Amendment 13
Article 5, indent 3

(cid:1) social assistance, information or help with administrative

(cid:1) social assistance, information or help with administrative

formalities;

and/or judicial formalities;

Amendment 14
Article 5, indent 5

(cid:1) education, language training, help with finding work;

(cid:1) meeting the special needs of the most vulnerable, particu-

larly in terms of children’s schooling;

(cid:1) education, vocational
cations and diplomas;

training,

recognition of qualifi-

(cid:1) education and training, help with finding work, recogni-

tion of qualifications and diplomas;

Amendment 15
Article 6, indent 4

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TEXT PROPOSED
BY THE COMMISSION

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AMENDMENTS
BY PARLIAMENT

Amendment 16
Article 6, indent 5

(cid:1) actions designed to enable these persons to provide for

themselves;

(cid:1) employment

support

actions
designed to enable these persons to provide for them-
selves;

and, more

generally,

Amendment 17
Article 6, indent 5a (new)

(cid:1) actions designed to enable these persons to learn the lan-

guage commonly used in their place of residence;

Amendment 18
Article 8, paragraph 2a (new)

2a.
Projects that involve the persons referred to in Arti-
cle 3 directly in developing and implementing actions shall
be deemed particularly innovative.

Amendment 19
Article 8, paragraph 2b (new)

Community actions may finance short innovative pro-

2b.
jects.

Amendment 20
Article 9, paragraph 1

1.
In the event of temporary protection mechanisms within
the meaning of Council Directive 2001/55/EC being imple-
mented,
the Fund shall also finance measures to help the
Member States which are separate from and in addition to the
actions referred to in Article 4.

1.
In the event of temporary protection mechanisms within
the meaning of Council Directive 2001/55/EC being imple-
mented,
the Fund shall also finance measures to help the
Member States concerned which are separate from and in addi-
tion to the actions referred to in Article 4.

Amendment 21
Article 12, paragraph 4, point (b)

(b) organising and advertising calls for tenders and proposals;

(b) organising and advertising calls for tenders and proposals
taking due account of the need for administrative sim-
plification;

Amendment 22
Article 12, paragraph 6a (new)

The responsible authority shall call on a national advi-
6a.
sory committee to define the objectives and priorities of the
Fund and its general strategy. The advisory committee shall
be composed of representatives of the government, local auth-
orities, voluntary organisations, social partners, the UNHCR
and higher-education institutes.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 23

Article 14, paragraph 2, point (d)

(d)

indication of whether this strategy is compatible with
other regional, national and Community instruments;

(d)

indication of whether this strategy is compatible with and
complementary to other regional, national and Commun-
ity instruments;

Amendment 24

Article 16, paragraph 1

Each Member State shall receive a fixed amount of
1.
EUR 300 000 from the Fund’s annual allocation. This amount
shall be fixed at EUR 500 000 per annum for 2005, 2006 and
2007 for the states which accede to the European Union on
1 May 2004.

Each Member State shall receive a fixed amount of
1.
EUR 150 000 from the Fund’s annual allocation. This amount
shall be fixed at EUR 500 000 per annum for a minimum of
three consecutive years for the states which accede to the
European Union on 1 May 2004 and after that date.

Amendment 25

Article 19, paragraph 3

3.
Fund appropriations shall be complementary to public or
equivalent expenditure allocated by the Member States to the
measures covered by this Decision.

3.
Fund appropriations shall be complementary, and shall
add value, to public or equivalent expenditure allocated by
the Member States to the measures covered by this Decision.

Amendment 26

Article 19, paragraph 4, point (a)

(a) as regards actions implemented in the Member States
under Articles 5, 6 and 7, 50 % of the total cost of a spe-
cific action. This may be increased to 60 % for particularly
innovative actions or actions carried out by transnational
partnerships, and to 75 % in the Member States covered by
the Cohesion Fund;

(a) as regards actions implemented in the Member States
under Articles 5, 6 and 7, 50 % of the total cost of a spe-
cific action. This may be increased to 60 % for actions car-
ried out by transnational partnerships, and to 75 % in the
Member States covered by the Cohesion Fund;

Amendment 27

Article 22, paragraph 3

3.
A second pre-financing payment shall be made no more
than three months after the Commission has approved a report
the annual work programme and a
on implementation of
declaration of expenditure accounting for at least 70 % of the
amount of the initial payment. The amount of the second pre-
financing payment made by the Commission shall not exceed
50 % of the total amount allocated by the co-financing deci-
sion or, in any event, the balance of the amount of Commun-
ity funds actually committed by the Member State for selected
projects under the annual programme minus the first pre-
financing payment.

3.
A second pre-financing payment shall be made no more
than three months after the Commission has approved a report
the annual work programme and a
on implementation of
declaration of expenditure accounting for at least 70 % of the
amount of the initial payment. The amount of the second pre-
financing payment made by the Commission shall be equal to
the balance of the amount of Community funds actually com-
mitted by the Member State for selected projects under the
annual programme minus the first pre-financing payment.