European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund (COM(2011)0751 — C7-0443/2011 — 2011/0366(COD) — (2013/2504(RSP))
Date: 2013-01-17
Institutions: European Parliament
Subjects: area of freedom, security and justice, fund (EU), immigration, migration control, return migration, right of asylum




C_2015440EN.01023801.xml










30.12.2015   


EN


Official Journal of the European Union


C 440/238





P7_TA(2013)0020
Asylum and Migration Fund (Decision on the opening of interinstitutional negotiations)
European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund (COM(2011)0751 — C7-0443/2011 — 2011/0366(COD) — (2013/2504(RSP))
(2015/C 440/30)

The European Parliament,






—


having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs,










—


having regard to Rules 70(2) and 70a of its Rules of Procedure,




decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE


Amendment 1


Draft legislative resolution


Citation 6 a (new)








Draft legislative resolution




Amendment





 








—




having regard to its resolution of 18 May 2010 on the establishment of a joint EU resettlement programme



 (1)



namely the paragraphs on the creation of a European Resettlement Unit;











Amendment 2


Draft legislative resolution


Paragraph 1 a (new)








Draft legislative resolution




Amendment





 




1a.
   
Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020;







Amendment 3


Draft legislative resolution


Paragraph 1 b (new)








Draft legislative resolution




Amendment





 




1b.
   
Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’



 (2)



; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value;







Amendment 4


Draft legislative resolution


Paragraph 1 c (new)








Draft legislative resolution




Amendment





 




1c.
   
Emphasises that, in view of the tasks already identified and concluded by the Union, the Commission needs to reflect those policy priorities in a foresighted and adequate manner in the proposal;







Amendment 5


Proposal for a regulation


Citation 1








Text proposed by the Commission




Amendment





Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2) 
and
 79(2) and (4) thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2), 79(2) and (4)
, and 80
 thereof,





Amendment 6


Proposal for a regulation


Recital 2 a (new)








Text proposed by the Commission




Amendment





 










(2a)






In its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe



 (3)



, the European Parliament stressed the need for an integrated approach towards pressing immigration and asylum questions as well as towards the management of the external borders of the Union, with sufficient funding and support tools to handle emergency situations made available in a spirit of respect for human rights and solidarity amongst all Member States, respecting national responsibilities and a clear definition of tasks. It further noted that, in this regard, the increased challenges of FRONTEX, the European Asylum Support Office and the Funds on Solidarity and Management of Migration Flows need to be duly taken into consideration.











Justification


Paragraph 107 of the resolution of 8 June 2011‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’


Amendment 7


Proposal for a regulation


Recital 2 b (new)








Text proposed by the Commission




Amendment





 










(2b)






In its resolution of 8 June 2011

 (4)

, the European Parliament further emphasised the need to develop better synergies between different funds and programmes and points to the fact that the simplification of the management of funds and allowing cross-financing enable the allocation of more funds to common objectives, welcomed the Commission's intention to reduce the total number of budgetary instruments in home affairs in a two pillar structure and where possible under shared management and expressed its belief that this approach should contribute significantly to an increased simplification, rationalisation, consolidation and transparency of the current funds and programmes. It stressed, however, the need to ensure that the different objectives of home affairs policies will not be mixed up.











Justification


Paragraph 109 of the resolution of 8 June 2011‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’


Amendment 8


Proposal for a regulation


Recital 9 a (new)








Text proposed by the Commission




Amendment





 










(9a)






The fund should provide support for establishing measures which would enable asylum seekers to access Union asylum system in a safe manner without resorting to people smugglers or criminal networks and without putting their lives in danger.











Amendment 9


Proposal for a regulation


Recital 13 a (new)








Text proposed by the Commission




Amendment





 










(13a)






The resources of the Fund should be used consistently with the Common Basic Principles on Integration, as specified in the Common Programme for Integration.











Amendment 10


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment











(16)


The Fund should support Member States in setting up strategies organising legal migration, enhancing their capacity to develop, implement, monitor and evaluate in general all immigration and integration strategies, policies and measures for third country nationals, including Union legal instruments. The Fund should also support the exchange of information, best practices and co-operation between different departments of administration as well as with other Member States.












(16)


The Fund should support Member States in setting up strategies organising legal migration, enhancing their capacity to develop, implement, monitor and evaluate in general all immigration and integration strategies, policies and measures for third country nationals, including Union legal instruments. The Fund should also support the exchange of information, best practices and co-operation between different departments of administration as well as with other Member States. 
Technical assistance is essential to enable the Member States to support the implementation of their national programmes, assist beneficiaries in complying with their obligations and Union law and in turn to increase the visibility of and accessibility to EU funds.











Amendment 11


Proposal for a regulation


Recital 23








Text proposed by the Commission




Amendment











(23)


The Fund should complement and reinforce the activities undertaken by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex Agency) established by Council Regulation (EC) No 2007/2004 of 26 October 2004 , one of the tasks of which is to provide the necessary support for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and the removal of third country nationals illegally present in the territories of the Member States.












(23)


The Fund should complement and reinforce the activities undertaken by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex Agency) established by Council Regulation (EC) No 2007/2004 of 26 October 2004 , one of the tasks of which is to provide the necessary support for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and the removal of third country nationals illegally present in the territories of the Member States. 
It should also enable the Agency to fulfil its obligations and those of the Union and the Member States regarding sea rescue.











Amendment 12


Proposal for a regulation


Recital 24








Text proposed by the Commission




Amendment











(24)


The Fund should be implemented in full respect with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union. 
In particular,
 eligible actions should take account of the specific situation of vulnerable persons, 
in particular,
 with 
special attention and dedicated responses to
 unaccompanied minors and other minors at risk.












(24)


The Fund should be implemented in full respect with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union 
and in international instruments, in particular the Geneva Convention of 28 July 1951, the Universal Declaration of Human Rights of 10 December 1948, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on the Elimination of All Forms of Racial Discrimination, the United Nations Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
. Eligible actions should take account of the 
human-rights-based approach to the protection of migrants, refugees and asylum-seekers, and especially the
 specific situation of vulnerable persons, with 
women,
 unaccompanied minors and other minors at risk 
receiving special attention and dedicated responses
.









Amendment 13


Proposal for a regulation


Recital 25








Text proposed by the Commission




Amendment











(25)


Measures in and in relation to third countries supported through the Fund should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. 
Coherence
 will also be 
ensured with the Union humanitarian policy, in particular as regards
 the implementation of emergency assistance.












(25)


Measures in and in relation to third countries supported through the Fund should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions that are directly oriented towards development and they should complement, when appropriate, the financial assistance provided through external aid instruments 
while respecting the principle of policy coherence for development, as required by Article 35 of the Consensus on Development
. 
It
 will also be 
important to ensure that
 the implementation of emergency assistance 
is consistent with and complementary to the Union humanitarian policy and respects humanitarian principles as set out in the Consensus on Humanitarian Aid
.









Amendment 14


Proposal for a regulation


Recital 26








Text proposed by the Commission




Amendment











(26)


A large part of the available resources under the Fund should be allocated proportionally to the responsibility borne by each Member State through its efforts in managing migration flows on the basis of objective criteria. For that purpose, the latest available statistical data relating to the migration flows, such as the number of first asylum applications, the number of positive decisions granting refugee or subsidiary protection, the number of resettled refugees, the number of legally residing third-country nationals, the number of third-country nationals who have obtained an authorisation issued by a Member State to reside, the number of return decisions issued by the national authorities and the number of effected returns should be used.












(26)


A large part of the available resources under the Fund should be allocated proportionally to the responsibility borne by each Member State through its efforts in managing migration flows on the basis of objective criteria. For that purpose, the latest available statistical data relating to the migration flows, such as the number of first asylum applications, the number of positive decisions granting refugee or subsidiary protection, the number of resettled refugees, the number of legally residing third-country nationals, the number of third-country nationals who have obtained an authorisation issued by a Member State to reside, 
the number of irregular migrants apprehended at the external borders of the Member States,
 the number of return decisions issued by the national authorities and the number of effected returns should be used. 
In addition, however, it is important to take account of the economic resources of each Member State as well as its geographical size. In-depth research is also necessary to identify and quantify actual costs for the Member States.











Amendment 15


Proposal for a regulation


Recital 29








Text proposed by the Commission




Amendment











(29)


In the light of the progressive establishment of a Union Resettlement Programme, the Fund should provide targeted assistance in the form of financial incentives (lump sums) for each resettled refugee.












(29)


In the light of the progressive establishment of a Union Resettlement Programme, the Fund should provide targeted assistance in the form of financial incentives (lump sums) for each resettled refugee. 
The Commission in cooperation with the EASO and according to their respective competences should monitor the effective implementation of resettlement operations supported under the Fund.











Amendment 16


Proposal for a regulation


Recital 33








Text proposed by the Commission




Amendment











(33)


To enhance the solidarity and share better the responsibility between the Member States, in particular towards those most affected by asylum flows, a similar mechanism based on financial incentives should also be established for relocation of beneficiaries of international protection.












(33)


To enhance the solidarity and share better the responsibility between the Member States, in particular towards those most affected by asylum flows, a similar mechanism based on financial incentives should also be established for relocation of beneficiaries of international protection. 
The mechanism should have sufficient resources to compensate Member States receiving higher numbers of asylum seekers and beneficiaries of international protection, either in absolute or proportional terms, and to help those with less-developed asylum systems.











Amendment 17


Proposal for a regulation


Recital 35 a (new)








Text proposed by the Commission




Amendment





 










(35a)






To this end, technical assistance is essential to enable Member States to implement their national programmes, assist beneficiaries, meet their obligations, comply with Union law and hence enhance the visibility and accessibility of EU funding.











Amendment 18


Proposal for a regulation


Recital 35 b (new)








Text proposed by the Commission




Amendment





 










(35b)






While meeting flexibility criteria, the structural simplification of instruments and expenditure should continue to fulfil requirements in terms of predictability and reliability and ensure a fair and transparent distribution of resources under the Asylum and Migration Fund.











Amendment 19


Proposal for a regulation


Recital 35 c (new)








Text proposed by the Commission




Amendment





 










(35c)






The simplification of the funding structures — while providing flexibility — should maintain predictability and reliability and a balanced share should be ensured for each objective of the fund through the national programmes. Therefore, a fair share of financial resources should be allocated under the Asylum and Migration Fund in the 2014-2020 Multiannual Financial Framework to ensure continuity in supporting the objectives of the Refugee Fund and Integration Fund of the 2007-2013 Financial Framework.











Amendment 20


Proposal for a regulation


Recital 36








Text proposed by the Commission




Amendment











(36)


It is important for enhanced solidarity that the Fund provides additional support to address emergency situations of heavy migratory pressure in Member States or third-countries or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, through emergency assistance.












(36)


It is important for enhanced solidarity that the Fund provides
, in coordination and synergy with the humanitarian assistance managed by the European Community Humanitarian Aid Office (ECHO),
 additional support to address emergency situations of heavy migratory pressure in Member States or third countries or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, through emergency assistance.









Amendment 21


Proposal for a regulation


Recital 37








Text proposed by the Commission




Amendment











(37)


This Regulation should ensure the continuation of the European Migration Network set up by Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network and provide financial assistance necessary for its activities in line with its objectives and tasks as set out in this Regulation.












(37)


This Regulation should ensure the continuation of the European Migration Network set up by Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network and provide financial assistance necessary for its activities in line with its objectives and tasks as set out in this Regulation. 
In this respect, safeguards should be included within the asylum and migration fund in order to prevent the excessive allocation of funds to only one policy area at the expense of the Common European Asylum System as a whole.











Amendment 22


Proposal for a regulation


Recital 42 a (new)








Text proposed by the Commission




Amendment





 










(42a)






Spending of funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies.











Amendment 23


Proposal for a regulation


Recital 42 b (new)








Text proposed by the Commission




Amendment





 










(42b)






There is a need to maximise the impact of EU funding by mobilising, pooling and leveraging public and private financial resources.











Amendment 24


Proposal for a regulation


Recital 42 c (new)








Text proposed by the Commission




Amendment





 










(42c)






Utmost transparency, accountability and democratic scrutiny for innovative financial instruments and mechanisms that involve the Union budget should be ensured.











Amendment 25


Proposal for a regulation


Recital 42 d (new)








Text proposed by the Commission




Amendment





 










(42d)






Better implementation and quality of spending should constitute guiding principles for achieving the objectives of the Fund while ensuring optimal use of the financial resources.











Amendment 26


Proposal for a regulation


Recital 42 e (new)








Text proposed by the Commission




Amendment





 










(42e)






It is important to ensure the sound financial management of the Fund and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the Fund to all participants.











Amendment 27


Proposal for a regulation


Recital 42 f (new)








Text proposed by the Commission




Amendment





 










(42f)






The Commission should annually monitor the implementation of the Fund with the aid of key indicators for assessing results and impacts. These indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the Fund have been achieved.











Amendment 28


Proposal for a regulation


Recital 43








Text proposed by the Commission




Amendment











(43)


For the purpose of its management and implementation, the Fund should form part of a coherent framework consisting of this Regulation and Regulation (EU) No […/…] of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument of financial support for police cooperation, preventing and combating crime, and crisis management.












(43)


For the purpose of its management and implementation, the Fund should form part of a coherent framework consisting of this Regulation and Regulation (EU) No […/…] of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument of financial support for police cooperation, preventing and combating crime, and crisis management. 
For the purpose of this Fund, however, the partnership referred to in Article 12 of Regulation (EU) No …/… [Horizontal Regulation] should include amongst the participating authorities the competent regional, local and municipal authorities, international organisations and bodies representing civil society, such as non-governmental organisations and social partners.











Amendment 29


Proposal for a regulation


Article 1 — paragraph 3








Text proposed by the Commission




Amendment





3.   This Regulation provides for the application of the the rules set out in Regulation (EU) No … [Horizontal Regulation].


3.   This Regulation provides for the application of the rules set out in Regulation (EU) No … [Horizontal Regulation]
, without prejudice to Article 4(a) of this Regulation
.





Amendment 30


Proposal for a regulation


Article 2 — paragraph 1 — point a — introductory part








Text proposed by the Commission




Amendment











(a)


‘resettlement’ means the process whereby, on a request from the United Nations High Commissioner for Refugees (UNHCR) based on a person’s need for international protection, third-country nationals or stateless persons 
having the status defined by the Geneva Convention of 28 July 1951 and who are permitted to reside as refugees in one of the Member States
 are transferred from a third-country and established in a Member State where they are permitted to reside with one of the following statuses:












(a)


‘resettlement’ means the process whereby, on a request from the United Nations High Commissioner for Refugees (UNHCR) based on a person’s need for international protection, third-country nationals or stateless persons are transferred from a third-country and established in a Member State where they are permitted to reside with one of the following statuses:









Amendment 31


Proposal for a regulation


Article 2 — paragraph 1 — point a — point i








Text proposed by the Commission




Amendment











(i)


refugee status within the meaning of point 2(
d
) of Article 2 of Directive 
2004/83/EC
 or












(i)


refugee status within the meaning of point 2(
e
) of Article 2 of Directive 
2011/95/EU
 or









Amendment 32


Proposal for a regulation


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








Text proposed by the Commission




Amendment





 










(ia)






subsidiary protection status within the meaning of Article 2(g) of Directive 2011/95/EU or











Amendment 33


Proposal for a regulation


Article 2 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


‘relocation’ means the process whereby persons referred to in points (a) and (b) of Article 4(1) are transferred from the Member State which granted them international protection to another Member State where they will be granted equivalent protection, or persons falling within the category referred to in point (c) of Article 4(1), are transferred from the Member State which is responsible for examining their application to another Member State where their application for international protection will be examined.












(b)


‘relocation’ means the process whereby persons referred to in points (a) and (b) of Article 4(1) are transferred from the Member State which granted them international protection to another Member State where they will be granted 
immediately
 equivalent protection, or persons falling within the category referred to in point (c) of Article 4(1), are transferred from the Member State which is responsible for examining their application to another Member State where their application for international protection will be examined.









Amendment 34


Proposal for a regulation


Article 2 — paragraph 1 — point f — point i








Text proposed by the Commission




Amendment











(i)




heavy migratory pressure
 in one or more Member States characterised by 
a large and disproportionate inflow
 of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum systems and procedures,












(i)




specific pressures
 in one or more Member States characterised by 
the sudden arrival of a large number
 of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum systems and procedures, 
or











Amendment 35


Proposal for a regulation


Article 3 — paragraph 1








Text proposed by the Commission




Amendment





1.   The general objective of the Fund 
shall be to contribute to an effective management of migration flows in the Union
 as part of the area of freedom, security and justice, 
in accordance with the
 common policy on asylum, subsidiary protection and temporary protection and the common immigration policy.


1.   The general objective of the Fund, as part of the area of freedom, security and justice, 
shall be to strengthen and develop
 common policy on asylum, subsidiary protection and temporary protection and 
to strengthen and develop
 the common immigration policy
, while respecting policy coherence for development and the human-rights-based approach to the protection of migrants, refugees and asylum-seekers
.





Amendment 36


Proposal for a regulation


Article 3 — paragraph 2 — point a — subparagraph 2








Text proposed by the Commission




Amendment





The achievement of this objective shall be measured by indicators, inter alia, the level of improvement in asylum reception conditions, in the quality of asylum procedures, in the 
convergence of recognition rates across Member States
 and in 
Member States’
 resettlement efforts.


The achievement of this objective shall be measured by 
the Commission against both qualitative and quantitative
 indicators, inter alia, the level of improvement in asylum reception conditions, in the quality of asylum procedures 
and increased convergence of decision-making in similar case profiles
, in the 
provision of reliable, objective and up-to-date information on countries of origin
 and in resettlement efforts.





Amendment 37


Proposal for a regulation


Article 3 — paragraph 2 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






to support measures for safe access to Europe's asylum system;



The achievement of this objective shall be measured by indicators, inter alia, the opportunities that asylum seekers have to access Union asylum system in a safe manner without resorting to people smugglers and criminal networks and without putting their lives in danger.










Amendment 38


Proposal for a regulation


Article 3 — paragraph 2 — point b — subparagraph 1








Text proposed by the Commission




Amendment











(b)


to support legal migration to the Union in line with the economic and social needs of Member States 
and
 promote the effective integration of third-country nationals, including 
of
 asylum seekers and beneficiaries of international protection;












(b)


to support legal migration to the Union in line with the economic and social needs of Member States, promote the effective integration of third-country nationals 
and strengthen respect for the fundamental rights of migrants
, including asylum seekers and beneficiaries of international protection;









Amendment 39


Proposal for a regulation


Article 3 — paragraph 2 — point b — subparagraph 2








Text proposed by the Commission




Amendment





The achievement of this objective shall be measured by indicators, inter alia, the level of increased participation of third-country nationals in employment, education and in democratic processes.


The achievement of this objective shall be measured by 
the Commission against both qualitative and quantitative
 indicators, inter alia, the level of increased participation of third-country nationals 
and stateless persons
 in employment, education and in democratic processes
, access to housing and healthcare
.





Amendment 40


Proposal for a regulation


Article 3– paragraph 2 — point c — subparagraph 2








Text proposed by the Commission




Amendment





The achievement of this objective shall be measured by indicators, inter alia, the number of returnees.


The achievement of this objective shall be measured by 
the Commission against both qualitative and quantitative
 indicators 
such as
, inter alia, the number of returnees
, the number of persons having benefited from reintegration measures (either prior or subsequent to their return), the number of voluntary returns, and the quality of the systems for monitoring enforced returns
.





Amendment 41


Proposal for a regulation


Article 3 — paragraph 2 — point d — subparagraph 1








Text proposed by the Commission




Amendment











(d)


to enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows.












(d)


to enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows
, including through practical cooperation
.









Amendment 42


Proposal for a regulation


Article 3– paragraph 2 — point d — subparagraph 2








Text proposed by the Commission




Amendment





The achievement of this objective shall be measured by indicators, inter alia, the level of increased mutual assistance between Member States including through practical cooperation and relocation.


The achievement of this objective shall be measured by 
the Commission against both qualitative and quantitative
 indicators, inter alia, the level of increased mutual assistance between Member States including through practical cooperation and relocation
, and the level of human resources made available through EASO
.





Amendment 43


Proposal for a regulation


Article 3 — paragraph 2 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured by the indicators.







Amendment 44


Proposal for a regulation


Article 3 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
The achievement of the specific objectives referred to in paragraph 2 shall be measured by both qualitative and quantitative cross-cutting indicators, inter alia improvement of child protection provisions, promotion of respect for family life, access to basic services and assistance to unaccompanied minors regardless of their residence status.







Amendment 45


Proposal for a regulation


Article 3 — paragraph 2 b (new)








Text proposed by the Commission




Amendment





 




2b.
   
Measures taken to achieve the objectives defined in paragraphs 1 and 2 shall be fully coherent with and complementary to measures supported through the external financing instruments of the Union and comply with the objectives and principles of the Union external action.







Amendment 46


Proposal for a regulation


Article 3 — paragraph 2 c (new)








Text proposed by the Commission




Amendment





 




2c.
   
The objectives laid down in paragraphs 1 and 2 shall be achieved with due regard for the principles and objectives of the Union’s humanitarian policy. Consistency and complementarity with the measures funded by the Union’s external financing instruments shall be ensured in accordance with Article 24a.







Amendment 47


Proposal for a regulation


Article 4 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive 
2004
/
83
/
EC
;












(b)


any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive 
2011
/
95
/
EU
;









Amendment 48


Proposal for a regulation


Article 4 — paragraph 1 — point f








Text proposed by the Commission




Amendment











(f)


any third-country national who is residing legally in a Member State or who is in the process of acquiring legal residence in a Member State;












(f)


any third-country national 
or stateless person
 who is residing legally in a Member State or who is in the process of acquiring legal residence in a Member State;









Amendment 49


Proposal for a regulation


Article 4 — paragraph 1 — point g








Text proposed by the Commission




Amendment











(g)


any third-country national who is on the territory of a third country, who intend to migrate to the Union and who comply with specific pre-departure measures and/or conditions set out in national law, including those relating to the ability to integrate in the society of a Member State;












(g)


any third-country national 
or stateless person
 who is on the territory of a third country, who intend to migrate to the Union and who comply with specific pre-departure measures and/or conditions set out in national law, including those relating to the ability to integrate in the society of a Member State;









Amendment 50


Proposal for a regulation


Article 4 — paragraph 1 — point h








Text proposed by the Commission




Amendment











(h)


any third-country national who has not yet received a final negative decision in relation to their request to stay, legal residence and/or international protection in a Member State and who may choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;












(h)


any third-country national 
or stateless person
 who has not yet received a final negative decision in relation to their request to stay, legal residence and/or international protection in a Member State and who may choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;









Amendment 51


Proposal for a regulation


Article 4 — paragraph 1 — point i








Text proposed by the Commission




Amendment











(i)


any third-country national enjoying the right to stay, legal residence or a form of international protection within the meaning of Directive 
2004
/
83
/
EC
 or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who has chosen to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;












(i)


any third-country national 
or stateless person
 enjoying the right to stay, legal residence or a form of international protection within the meaning of Directive 
2011
/
95
/
EU
 or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who has chosen to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;









Amendment 52


Proposal for a regulation


Article 4 — paragraph 1 — point j








Text proposed by the Commission




Amendment











(j)


any third-country national who does not or no longer fulfil the conditions for entry and/or stay in a Member State.












(j)


any third-country national 
or stateless person present on the territory of a Member State
 who does not or no longer fulfil the conditions for entry and/or stay in a Member State 
including third country nationals whose return process has been formally or informally postponed
.









Amendment 53


Proposal for a regulation


Article 4 a (new)








Text proposed by the Commission




Amendment





 




Article 4a






 




Partnership






 




For the purposes of this Fund, the partnership referred to in Article 12 of Regulation (EU) No …/… [Horizontal Regulation] shall include amongst the participating authorities the competent regional, local and municipal authorities, international organisations and bodies representing civil society, such as non-governmental organisations and social partners.







Amendment 54


Proposal for a regulation


Article 5 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


provision of material aid, education, training, support services, health and psychological care;












(a)


provision of material aid, 
including humanitarian assistance at the border,
 education, training, support services, health and psychological care;









Amendment 55


Proposal for a regulation


Article 5 — paragraph 1 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






setting up and improvement of administrative structures, systems and training for staff and relevant administrative and judicial authorities so as to ensure smooth and easy access to asylum procedures for asylum seekers and ensure efficient and high-quality asylum procedures;











Amendment 56


Proposal for a regulation


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








Text proposed by the Commission




Amendment





 










(ab)






improvement and maintenance of existing accommodation infrastructure and services;











Amendment 57


Proposal for a regulation


Article 5 — paragraph 1 — point d








Text proposed by the Commission




Amendment











(d)


specific assistance for vulnerable persons such as minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons with serious physical illnesses, mental illnesses or post-traumatic disorders, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence;












(d)


specific assistance for vulnerable persons such as minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons with serious physical illnesses, mental illnesses or post-traumatic disorders, 
persons at risk of violence due to a personal characteristic referred to in Article 21 of the Charter of Fundamental Rights,
 and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence;









Amendment 58


Proposal for a regulation


Article 5 — paragraph 1 — point e








Text proposed by the Commission




Amendment











(e)


information for local communities as well as training for the staff of local authorities, who will be interacting with those being received;












(e)


information for local communities as well as training for the staff of local authorities, who will be interacting with those being received
, especially on compliance with fundamental rights of asylum seekers
; 
this includes training for staff who will be interacting with vulnerable persons referred to in point (d);











Amendment 59


Proposal for a regulation


Article 5 — paragraph 1 — point f a (new)








Text proposed by the Commission




Amendment





 










(fa)






establishment, development and improvement of alternative measures to detention.











Amendment 60


Proposal for a regulation


Article 5 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


establishment, development and improvement of accommodation infrastructure and services;












(a)


establishment, development 
running
 and improvement of accommodation infrastructure and services;









Amendment 61


Proposal for a regulation


Article 5 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


setting up of administrative structures, systems and training of staff and relevant judicial authorities to ensure smooth and easy access to asylum procedures for asylum seekers and efficient and quality asylum procedures.












(b)


setting up of administrative structures, systems and training of staff and relevant 
administrative and
 judicial authorities to ensure smooth and easy access to asylum procedures for asylum seekers and efficient and quality asylum procedures.









Amendment 62


Proposal for a regulation


Article 6 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


actions enhancing the capacity of Member States to collect, analyse and disseminate data 
and statistics
 on asylum procedures, reception capacities, resettlement and relocation actions;












(a)


actions enhancing the capacity of Member States 
- including in relation to the mechanism for early warning, preparedness and crisis management established in Regulation (EU) No […/…] [the Dublin Regulation] -
 to collect, analyse and disseminate 
qualitative and quantitative
 data on asylum procedures, reception capacities, resettlement and relocation actions;









Amendment 63


Proposal for a regulation


Article 6 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


actions directly contributing to the evaluation of asylum policies, such as national impact assessments, surveys amongst target groups, the development of indicators and benchmarking.












(b)


actions directly contributing to the evaluation of asylum policies, such as national impact assessments, surveys amongst target groups 
and other relevant stakeholders
, the development of indicators and benchmarking.









Justification


Assessment practices must be as inclusive as possible.


Amendment 64


Proposal for a regulation


Article 7 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement and relocation actions;












(b)


establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement and relocation actions
, including language assistance and complying with the fundamental rights of the persons concerned
;









Amendment 65


Proposal for a regulation


Article 7 — paragraph 1 — point f a (new)








Text proposed by the Commission




Amendment





 










(fa)






actions for family reunification purposes for persons being resettled in a Member State;











Amendment 66


Proposal for a regulation


Article 7 — paragraph 1 — point g








Text proposed by the Commission




Amendment











(g)


strengthening of infrastructure and services in the countries designated for the implementation of Regional Protection Programmes.












(g)


strengthening of 
migration and asylum relevant
 infrastructure and services in the countries designated for the implementation of Regional Protection Programmes;









Amendment 67


Proposal for a regulation


Article 7 — paragraph 1 — point g a (new)








Text proposed by the Commission




Amendment





 










(ga)






establishment and development of strategies on resettlement and relocation, including needs analysis, improvement of indicators and evaluation.











Amendment 68


Proposal for a regulation


Article 7 — paragraph 1 — point g b (new)








Text proposed by the Commission




Amendment





 










(gb)






creating conditions conductive to the integration, autonomy and self-reliance of resettled refugees on a long-term basis.











Amendment 69


Proposal for a regulation


Article 8 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





In order to facilitate legal migration to the Union and better to prepare persons referred to in point (g) of Article 4(1) for their integration into the receiving society within the specific objective defined in point (b) of Article 3(2) and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of the Regulation (EU) No …/… [Horizontal Regulation], the following actions taking place in the country of origin, shall in particular be eligible:


In order to facilitate legal migration to the Union and better to prepare persons referred to in point (g) of Article 4(1) for their integration into the receiving society within the specific objective defined in point (b) of Article 3(2) and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of the Regulation (EU) No …/… [Horizontal Regulation], the following actions taking place in the country of origin shall in particular be eligible
, while respecting policy coherence for development and, in particular, EU commitments in support of combating the brain drain
:





Amendment 70


Proposal for a regulation


Article 8 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


information packages and awareness-raising campaigns, including via user friendly communication and information technology and websites;












(a)


information packages and awareness-raising campaigns, including via user friendly communication and information technology and websites
, disseminated in the different countries in a coordinated way and in accordance with a common European message
;









Amendment 71


Proposal for a regulation


Article 9 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





1.   Within the specific objective defined in point (b) of Article 3(2), eligible actions shall take place in the framework of consistent strategies, implemented by non-governmental organisations, local and/or regional authorities and specifically designed for the integration, at the local and/or regional level, as appropriate, of persons referred to in points (a) to (g) of Article 4(1). In this context, eligible actions shall in particular include the following:


1.   Within the specific objective defined in point (b) of Article 3(2), eligible actions shall take place in the framework of consistent strategies, implemented by 
international organisations,
 non-governmental organisations and local and/or regional authorities and specifically designed for the integration, at local and/or regional level, as appropriate, of persons referred to in points (a) to (g) of Article 4(1). In this context, eligible actions shall in particular include the following:





Amendment 72


Proposal for a regulation


Article 9 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


setting up and developing such integration strategies, including needs analysis, the improvement of indicators and evaluation;












(a)


setting up and developing such integration strategies 
with the participation of local and/or regional actors
, including needs analysis, the improvement of 
integration
 indicators, and evaluation 
of the conditions particular to asylum-seekers, including participatory assessments, in order to identify best practices
;









Amendment 73


Proposal for a regulation


Article 9 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


advice and assistance in areas such as housing, means of subsistence, administrative and legal guidance, medical, psychological and social care, 
and
 child care;












(b)


advice and assistance in areas such as housing, means of subsistence, 
integration into the labour market
, administrative and legal guidance, medical, psychological and social care, child care 
and family reunification
;









Amendment 74


Proposal for a regulation


Article 9 — paragraph 2








Text proposed by the Commission




Amendment





2.   Actions referred to in paragraph 1 shall take into account the specific needs of different categories of third-country nationals and their family members, including those entering or residing for employment or self-employment and family reunification purposes, beneficiaries of international protection, asylum seekers, resettled or relocated persons and vulnerable groups of migrants, in particular, minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.


2.   Actions referred to in paragraph 1 shall take into account the specific needs of different categories of third-country nationals and their family members, including those entering or residing for employment or self-employment and family reunification purposes, beneficiaries of international protection, asylum seekers, resettled or relocated persons and vulnerable groups of migrants, in particular, minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, 
persons at risk of violence due to a personal characteristic referred to in Article 21 of the Charter of Fundamental Rights,
 and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.





Amendment 75


Proposal for a regulation


Article 10 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


reinforcing the capacity of Member States to develop, implement, monitor and evaluate their immigration strategies, policies and measures across the different levels and departments of administrations, in particular enhancement of their capacity to collect, analyse and disseminate data and statistics on migration procedures and flows, residence permits and development of monitoring tools, evaluation schemes, indicators and benchmarking for measuring achievements of these strategies;












(b)


reinforcing the capacity of Member States to develop, implement, monitor and evaluate their immigration strategies, policies and measures across the different levels and departments of administrations, in particular enhancement of their capacity to collect, analyse and disseminate 
detailed and systematic
 data and statistics on migration procedures and flows, residence permits and development of monitoring tools, evaluation schemes, indicators and benchmarking for measuring achievements of these strategies;









Amendment 76


Proposal for a regulation


Article 10 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


furthering 
intercultural
 capacities of implementing organisations providing public and private services, including educational institutions, promoting the exchange of experience and good practices, cooperation and networking;












(c)


furthering capacities of implementing organisations providing public and private services, including educational institutions, 
in the field of interculturality and of human rights;
 promoting the exchange of experience and good practices, cooperation and networking;









Amendment 77


Proposal for a regulation


Article 11 — paragraph 1 — point a a(new)








Text proposed by the Commission




Amendment





 










(aa)






introduction, development and improvement of alternative measures to detention;











Amendment 78


Proposal for a regulation


Article 11 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


setting up of administrative structures, systems and training of staff to ensure 
smooth
 return procedures;












(b)


setting up of administrative structures, systems and training of staff to ensure 
that
 return procedures 
are smooth and fully protect the fundamental rights of migrants
;









Amendment 79


Proposal for a regulation


Article 11 — paragraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






supporting the independent assessment and monitoring of return operations by civil society organisations, in order to ensure compliance with human rights;











Amendment 80


Proposal for a regulation


Article 11 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


provision of material aid, health and psychological care;












(c)


provision of material aid, health and psychological care
, including for third-country nationals whose removal has been postponed in accordance with Article 9 and Article 14(1) of Directive 2008/115/EC
;









Amendment 81


Proposal for a regulation


Article 11 — paragraph 1 — point f a (new)








Text proposed by the Commission




Amendment





 










(fa)






introduction and improvement of independent and effective systems for monitoring enforced return, as laid down in Article 6 of Directive 2008/115/EC.











Amendment 82


Proposal for a regulation


Article 12 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


measures to launch the progress of reintegration for the returnee's personal development, such as cash-incentives, training, placement and employment assistance and start-up support for economic activities;












(c)


measures to launch the progress of reintegration for the returnee's personal development, such as cash-incentives, training, placement and employment assistance and start-up support for economic activities
, including pre-return measures
;









Amendment 83


Proposal for a regulation


Article 13 — paragraph 1 — point d








Text proposed by the Commission




Amendment











(d)


actions enhancing the capacity to collect, analyse and disseminate data and statistics on return procedures and measures, reception and detention capacities, enforced and voluntary returns, monitoring and reintegration;












(d)


actions enhancing the capacity to collect, analyse and disseminate 
detailed and systematic
 data and statistics on return procedures and measures, reception and detention capacities, enforced and voluntary returns, monitoring and reintegration;









Amendment 84


Proposal for a regulation


Article 14 — paragraph 1








Text proposed by the Commission




Amendment





1.   The 
global resources
 for the implementation of this Regulation shall be EUR 3,869 million.


1.   The 
prime reference financial envelope as defined in point [17] of the Interinstitutional Agreement of XX/201Z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
 for the implementation of this Regulation 
for the years 2014 — 2020
 shall be EUR 3,869 million.





Amendment 85


Proposal for a regulation


Article 14 — paragraph 2








Text proposed by the Commission




Amendment





2.   The annual appropriations for the Fund shall be authorised by the budgetary authority 
within
 the 
limits
 of the financial framework.


2.   The annual appropriations for the Fund shall be authorised by the budgetary authority 
without prejudice to
 the 
provisions
 of the 
Regulation laying down the multiannual
 financial framework 
for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
.





Amendment 86


Proposal for a regulation


Article 14 — paragraph 3 — introductory part








Text proposed by the Commission




Amendment





3.   The 
global resources
 shall be implemented through the following means:


3.   The 
prime reference financial envelope
 shall be implemented through the following means:





Amendment 87


Proposal for a regulation


Article 14 — paragraph 4








Text proposed by the Commission




Amendment





4.   The global resources available under this Regulation shall be implemented under shared management in accordance with [point (b) of Article 55(1) of the New Financial Regulation] (5)

, with the exception of Union actions referred to in Article 21, the emergency assistance referred to in Article 22, the European Migration Network referred to in Article 23, and technical assistance referred to in Article 24
.


4.   The 
prime reference financial envelope
 available under this Regulation shall be implemented 
under direct management (in particular the Union actions referred to in Article 21, the emergency assistance referred to in Article 22, the European Migration Network referred to in Article 23, and technical assistance referred to in Article 24) or
 under shared management in accordance with point (c) of Article 58(1) of the New Financial Regulation (6).





Justification


Implementation of the EU's budget under shared management should be the exception, not the rule.


Amendment 88


Proposal for a regulation


Article 14 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 




4a.
   
The Commission remains responsible for the implementation of the Union budget in accordance with Article 317 TFEU and shall inform the European Parliament and the Council on the operations carried out by entities other than Member States.







Amendment 89


Proposal for a regulation


Article 14 — paragraph 5 — introductory part








Text proposed by the Commission




Amendment





5.   
The global resources
 shall be used indicatively as follows:


5.   
Without prejudice to the prerogatives of the budgetary authority, the prime reference financial envelope
 shall be used indicatively as follows:





Amendment 90


Proposal for a regulation


Article 14 — paragraph 5 — point a








Text proposed by the Commission




Amendment











(a)




EUR 3,232 million
 for national programmes of Member States;












(a)




83 %
 for national programmes of Member States;









Justification


For technical reasons, the amounts have been expressed as percentages.


Amendment 91


Proposal for a regulation


Article 14 — paragraph 5 — point b








Text proposed by the Commission




Amendment











(b)




EUR 637 million
 for Union actions, emergency assistance, European Migration Network and technical assistance of the Commission.












(b)




17 %
 for Union actions, emergency assistance, European Migration Network and technical assistance of the Commission.









Amendment 92


Proposal for a regulation


Article 15 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





1.   
EUR 3,232 million
 shall be allocated to the Member States indicatively as follows:


1.   
Without prejudice to the prerogatives of the budgetary authority, resources earmarked for national programmes
 shall be allocated to the Member States indicatively as follows:





Amendment 93


Proposal for a regulation


Article 15 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)




EUR 2 372 million
 as indicated in Annex I;












(a)




73 %
 as indicated in Annex I;









Amendment 94


Proposal for a regulation


Article 15 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)




EUR 700 million
 based on the distribution mechanism for specific actions as referred to in Article 16, for the Union Resettlement Programme as referred to in Article 17 and for relocation as referred to in Article 18;












(b)




22 %
 based on the distribution mechanism for specific actions as referred to in Article 16, for the Union Resettlement Programme as referred to in Article 17 and for relocation as referred to in Article 18;









Amendment 95


Proposal for a regulation


Article 15 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)




EUR 160 million
 in the framework of the mid-term review and from the period as of budget year 
2018
, to take into account important changes in migration flows and/or address the specific needs established by the Commission provided for in Article 19.












(c)




5 %
 in the framework of the mid-term review and from the period as of budget year 
2017
, to take into account important changes in migration flows and/or address the specific needs established by the Commission provided for in Article 19.









Amendment 96


Proposal for a regulation


Article 15 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
The funding allocated for the achievement of the objectives laid down in Article 3(2) shall be apportioned on a fair, balanced and transparent basis. Member States shall ensure that all actions financed by the Fund are compatible with the acquis of the Union in the areas of asylum and immigration, even if they are not bound by associated measures or subject to their application.







Amendment 97


Proposal for a regulation


Article 17 — paragraph 1








Text proposed by the Commission




Amendment





1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive every two years an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR 
6,000
 for each resettled person.


1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive every two years an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR 
4 000
 for each resettled person 
spent on resettlement activities referred to in Article 7. The effective implementation of the activities shall be monitored and evaluated by the EASO Resettlement Unit
.





Amendment 98


Proposal for a regulation


Article 17 — paragraph 1 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




The lump sum referred to in paragraph 1 shall be increased by EUR 3 000 for each person resettled in addition to the previous resettlement quota of the Member State, or in case the resettled person is resettled to a Member State that has not previously performed Union funded resettlement.







Amendment 99


Proposal for a regulation


Article 17 — paragraph 2








Text proposed by the Commission




Amendment





2.   The lump sum referred to in paragraph 1 shall be increased 
to EUR 10,000
 for each person resettled according to the common Union resettlement priorities established pursuant to paragraphs 3 and 4 and listed in Annex III.


2.   The lump sum referred to in paragraph 1 shall 
also
 be increased 
by EUR 3 000
 for each person resettled according to the common Union resettlement priorities established pursuant to paragraphs 3 and 4 and listed in Annex III.





Amendment 100


Proposal for a regulation


Article 17 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




3a.
   
Member States pooling their pledges in an open ended commitment shall get additional sums and support per each person resettled in order to achieve the quantitative and qualitative goals of the Union Resettlement Programme, by reaching at least 20 000 resettlements per year until the year 2020 and setting good practices and common standards for the integration of refugees. These Member States will work closely with the EASO's Resettlement Unit in order to establish and regularly improve and review the guidelines for these quantitative and qualitative goals.







Amendment 101


Proposal for a regulation


Article 17 — paragraph 4 — indent 2 a (new)








Text proposed by the Commission




Amendment





 








—




persons who have been subjected to acts of violence and/or torture;











Amendment 102


Proposal for a regulation


Article 17 — paragraph 4 — indent 4








Text proposed by the Commission




Amendment











—


persons 
in need of
 emergency resettlement for legal 
or
 physical protection needs.












—


persons 
needing
 emergency resettlement for legal 
and/or
 physical protection needs.









Amendment 103


Proposal for a regulation


Article 17 — paragraph 4 — indent 4 a (new)








Text proposed by the Commission




Amendment





 








—




persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.











Amendment 104


Proposal for a regulation


Article 17 — paragraph 8








Text proposed by the Commission




Amendment





8.   To effectively pursue the objectives of the Union Resettlement Programme and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 26 to adjust, if deemed appropriate, the lump sums referred to in paragraphs 1 
and 2
.


8.   To effectively pursue the objectives of the Union Resettlement Programme and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 26 to adjust, if deemed appropriate, the lump sums referred to in paragraphs 1
, 2 and 3a
.





Amendment 105


Proposal for a regulation


Article 18 — paragraph 1








Text proposed by the Commission




Amendment





1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive, when deemed appropriate, an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR 
6,000
 for each person relocated from another Member State.


1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive, when deemed appropriate, an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR 
4 000
 for each person relocated from another Member State.





Amendment 106


Proposal for a regulation


Article 18 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
The Commission shall establish strict procedural guarantees and clear criteria for relocation measures. These procedural guarantees include, inter alia, the establishment of transparent, non-discriminatory selection criteria; the information to be provided to the potential beneficiaries of relocation; the communication in writing of the selection or non-selection of the applicants interviewed; reasonable time limits for candidates for relocation to take their decisions and, if necessary, make suitable preparations for their departure; the requirement for their voluntary consent to benefit from relocation measures.







Amendment 107


Proposal for a regulation


Article 18 — paragraph 2 b (new)








Text proposed by the Commission




Amendment





 




2b.
   
Relocation measures shall be accompanied by an action plan to maintain and/or improve the quality of asylum systems and reception and integration conditions in the Member State of departure concerned.







Amendment 108


Proposal for a regulation


Article 19 — paragraph 1 — subparagraph 1








Text proposed by the Commission




Amendment





1.   In order to allocate the amount indicated in point (c) of Article 15(1), by 31 May 
2017
 the Commission shall assess the needs of Member States as regards their asylum and reception systems, their situation concerning migration flows in the period 2014 to 
2016
 and the expected developments.


1.   In order to allocate the amount indicated in point (c) of Article 15(1), by 31 May 
2016
 the Commission shall assess the needs of Member States as regards their asylum and reception systems, their situation concerning migration flows in the period 2014 to 
2015
 and the expected developments.





Amendment 109


Proposal for a regulation


Article 19 — paragraph 1 — subparagraph 3 — point b








Text proposed by the Commission




Amendment











(b)




migratory pressure:














(b)




specific pressures
:









Amendment 110


Proposal for a regulation


Article 19 — paragraph 2








Text proposed by the Commission




Amendment





2.   On the basis of that pattern, the Commission shall determine by way of 
implementing
 acts the Member States which shall receive an additional amount and establish a distribution matrix for allocation of the available resources amongst those Member States 
in accordance with the procedure referred to in Article 27(3)
.


2.   On the basis of that pattern, the Commission shall determine by way of 
delegated
 acts 
adopted in accordance with Article 26,
 the Member States which shall receive an additional amount and establish a distribution matrix for allocation of the available resources amongst those Member States.





Amendment 111


Proposal for a regulation


Article 21 — paragraph 1








Text proposed by the Commission




Amendment





1.   At the Commission’s initiative, the Fund may be used to finance transnational actions or actions of particular interest to the Union, concerning the general and specific objectives referred to in Article 3.


1.   At the Commission’s initiative, the Fund may be used to finance transnational actions or actions of particular interest to the Union, concerning the general and specific objectives referred to in Article 3
, while respecting policy coherence for development
.





Amendment 112


Proposal for a regulation


Article 21 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


the furthering of Union cooperation in implementing Union law and good practices in the field of asylum, including resettlement and relocation, legal migration, including integration of third-country nationals, and return;












(a)


the furthering of Union cooperation in implementing Union law and good practices in the field of asylum, including resettlement and relocation, legal migration, including integration of third-country nationals 
or stateless persons
, and return;









Amendment 113


Proposal for a regulation


Article 21 — paragraph 2 — point f








Text proposed by the Commission




Amendment











(f)


cooperation with third-countries, in particular in the framework of the implementation of readmission agreements, mobility partnerships and regional protection programmes.












(f)


cooperation with third-countries 
on the basis of the Global Approach on Migration
, in particular in the framework of the implementation of readmission agreements, mobility partnerships, regional protection programmes 
and safe access to Union asylum system, in accordance with Article 24a
.









Amendment 114


Proposal for a regulation


Article 21 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




3a.
   
Where Union actions are carried out through indirect centralised management by Union agencies active in home affairs, the Commission shall ensure the fair, equitable and transparent allocation of funding between the various agencies. These actions shall be included in the responsibilities of these agencies in addition to their working programmes.







Amendment 115


Proposal for a regulation


Article 21 — paragraph 3 b (new)








Text proposed by the Commission




Amendment





 




3b.
   
The Commission shall ensure a fair and equitable distribution of funds in respect of each of the objectives referred in Article 3(2).







Amendment 116


Proposal for a regulation


Article 22 — paragraph 1








Text proposed by the Commission




Amendment





1.   The Fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation.


1.   The Fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation 
as defined in Article 2(f)
. 
Measures implemented in third countries in line with this Article shall be consistent with and complementary to the Union humanitarian policy and respect humanitarian principles as set out in the Consensus on Humanitarian Aid.







Amendment 117


Proposal for a regulation


Article 23 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


to serve as an Union advisory council for migration and asylum through co-ordination and cooperation at both national and Union level with representatives of Member States, academia, civil society, think-tanks and other Union/international entities;












(a)


to serve as an Union advisory council for migration and asylum through co-ordination and cooperation at both national and Union level with representatives of Member States, academia, civil society, think-tanks and other Union/international entities
, particularly those specialised in asylum and immigration issues
;









Amendment 118


Proposal for a regulation


Article 23 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


to provide the general public with the information referred to in point (b).












(c)


to provide the general public with the information referred to in point (b) 
in conjunction with civil society and non-governmental organisations involved in immigration and asylum
.









Amendment 119


Proposal for a regulation


Article 23 — paragraph 5 — point b








Text proposed by the Commission




Amendment











(b)


a Steering Board to provide political guidance on and approve the activities of the European Migration Network, comprising of the Commission plus experts from Member States, the European Parliament and from other relevant entities;












(b)


a Steering Board to provide political guidance on and approve the activities of the European Migration Network, comprising of the Commission plus experts from Member States, the European Parliament and from other relevant 
independent
 entities;









Amendment 120


Proposal for a regulation


Article 23 — paragraph 7








Text proposed by the Commission




Amendment





7.   The amount made available for the European Migration Network under the annual appropriations of the Fund and the work programme laying down the priorities for its activities shall be adopted in accordance with the procedure referred to in Article 
27(3)
 and, if possible, combined with the work programme for Union actions and emergency assistance.


7.   The amount made available for the European Migration Network under the annual appropriations of the Fund and the work programme laying down the priorities for its activities shall be adopted in accordance with the procedure referred to in Article 
26
 and, if possible, combined with the work programme for Union actions and emergency assistance.





Amendment 121


Proposal for a regulation


Article 24 a (new)








Text proposed by the Commission




Amendment





 




Article 24a






 




Coordination






 




The Commission and the Members States, together with the European External Action Service, shall ensure coordination as regards actions in and in relation to third countries. They shall notably ensure that those actions:






 










(a)






comply with the EU external policy and in particular with the principle of Policy Coherence for development and be coherent with the strategic programming documents for the region or country in question;










 










(b)






focus on non-development-oriented measures;










 










(c)






are part of a short or possibly medium-term approach, depending on the nature of the actions and priorities;










 










(d)






essentially serve the interests of the Union, have a direct impact on the Union and its Member States, and provide the necessary continuity with activities undertaken inside the Union.











Amendment 122


Proposal for a regulation


Article 25 — indent 2 a (new)








Text proposed by the Commission




Amendment





 








—




used for the benefit of resettlement or relocation actions
.









Amendment 123


Proposal for a regulation


Article 29 — paragraph 1








Text proposed by the Commission




Amendment





The provisions of Regulation (EU) No …/… [Horizontal Regulation] shall apply to this Fund.


The provisions of Regulation (EU) No …/… [Horizontal Regulation] shall apply to this Fund, 
without prejudice to Article 4(a) of this Regulation.






Amendment 124


Proposal for a regulation


Annex II — point 2 a (new)








Text proposed by the Commission




Amendment





 










(2a)





Establishment of a Resettlement Unit within the EASO with proper staff allocated to carry out the necessary coordination between all the ongoing resettlement activities in the Member States, conduct missions to the third countries and/or other Member States, to assist in the carrying out of interviews, medical and security screenings, to gather expertise, enable information collecting and sharing, to establish close contact with the UNHCR and local NGOs, to play an important role in the monitoring and evaluation of the effectiveness and quality of the programmes, to promote awareness and to ensure Union wide networking and exchange of good practices among resettling stakeholders, including partnerships between international organizations, public authorities and civil society.










Amendment 125


Proposal for a regulation


Annex II — point 2 b (new)








Text proposed by the Commission




Amendment





 










(2b)





To allow the possibility for local authorities and local partners of Member States to ask for financial support from the Fund in the context of local integration programmes which includes arrival support, follow-up on arrivals, planning and coordination structures and activities to inform and promote resettlement with the communities that are to welcome resettled refugees.










Amendment 126


Proposal for a regulation


Annex II — point 3 a (new)








Text proposed by the Commission




Amendment





 










3a.





Initiatives in the area of integration in order to improve the coordination of relevant policies at several levels between the Member States, regions and municipalities.










Amendment 127


Proposal for a regulation


Annex II — point 4








Text proposed by the Commission




Amendment











(4)


Joint initiatives aimed at identification and implementation of new approaches concerning the procedures at first encounter 
and
 standards of protection of unaccompanied minors












(4)


Joint initiatives aimed at identification and implementation of new approaches concerning the procedures at first encounter, standards of protection of 
and assistance for
 unaccompanied minors









Amendment 128


Proposal for a regulation


Annex II — point 7








Text proposed by the Commission




Amendment











(7)


Joint initiatives aimed at restoring family unity and reintegration of unaccompanied minors in their countries of origin












(7)


Joint initiatives aimed at restoring family unity and reintegration of unaccompanied minors in their countries of origin 
if that is in their best interests











Amendment 129


Proposal for a regulation


Annex III — point 6 a (new)








Text proposed by the Commission




Amendment





 










(6a)





Syrian refugees in Turkey, Jordan and Lebanon











(1)  

OJ C 161 E, 31.5.2011, p. 1.



(2)  
Texts adopted, P7_TA(2011)0266.



(3)  
Texts adopted, P7_TA(2011)0266.



(4)  

1 Texts adopted, P7_TA(2011)0266.



(5)  
Commission proposal — Regulation on the financial rules applicable to the annual budget of the Union (COM(2010)815 final of 22.12.2010). This proposal constitutes a formal withdrawal by the Commission of the previous legislative proposals COM(2010)71 final and COM(2010)260 final.



(6)  
Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (OJ L 298, 26.10.2012, p. 1).