Amendments adopted by the European Parliament on 29 November 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 516/2014 of the European Parliament and the Council, as regards the re-commitment of the remaining amounts committed to support the implementation of the Council Decisions (EU) 2015/1523 and (EU) 2015/1601 or the allocation thereof to other actions under the national programmes (COM(2018)0719 — C8-0448/2018 — 2018/0371(COD))
Date: 2018-11-29
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU Member State, EU migration policy, aid to refugees, external border of the EU, foreign national, fund (EU), illegal migration, integration of migrants, right of asylum, transfer of population




C_2020363EN.01037101.xml










28.10.2020   


EN


Official Journal of the European Union


C 363/371






P8_TA(2018)0468
Asylum, Migration and Integration Fund: Re-commitment of remaining amounts ***I
Amendments adopted by the European Parliament on 29 November 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 516/2014 of the European Parliament and the Council, as regards the re-commitment of the remaining amounts committed to support the implementation of the Council Decisions (EU) 2015/1523 and (EU) 2015/1601 or the allocation thereof to other actions under the national programmes (COM(2018)0719 — C8-0448/2018 — 2018/0371(COD)) (1)

(Ordinary legislative procedure: first reading)
(2020/C 363/40)

Amendment 1


Proposal for a regulation


Recital 1








Text proposed by the Commission




Amendment











(1)


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












(1)


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









Amendment 2


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


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












(4)


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











Amendment 3


Proposal for a regulation


Recital 5








Text proposed by the Commission




Amendment











(5)


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












(5)


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











Amendment 4


Proposal for a regulation


Recital 7








Text proposed by the Commission




Amendment











(7)


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












(7)


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









Amendment 5


Proposal for a regulation


Recital 7 a (new)








Text proposed by the Commission




Amendment





 










(7a)






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











Amendment 6


Proposal for a regulation


Recital 12 a (new)








Text proposed by the Commission




Amendment





 










(12a)






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











Amendment 7


Proposal for a regulation


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

Regulation (EU) No 516/2014
Article 18 — title







Present text




Amendment





 










(-1)





The title is replaced by the following:









Resources for the transfer of beneficiaries of international protection


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





Amendment 8


Proposal for a regulation


Article 1 — paragraph 1 — point 1

Regulation (EU) No 516/2014
Article 18 — paragraph 1







Text proposed by the Commission




Amendment













(1)





In paragraph 1, the words ‘beneficiary of international protection’ are replaced by the words ‘applicant for international protection or beneficiary of international protection’;









deleted







Amendment 9


Proposal for a regulation


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

Regulation (EU) No 516/2014
Article 18 — paragraph 1







Present text




Amendment





 










(1a)





Paragraph 1 is replaced by the following:











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






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







Amendment 10


Proposal for a regulation


Article 1 — paragraph 1 — point 2

Regulation (EU) No 516/2014
Article 18 — paragraph 3







Text proposed by the Commission




Amendment






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




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







 




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







Amendment 11


Proposal for a regulation


Article 1 — paragraph 1 — point 3

Regulation (EU) No 516/2014
Article 18 — paragraph 3a







Text proposed by the Commission




Amendment






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




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






Amendment 12


Proposal for a regulation


Article 1 — paragraph 1 — point 3

Regulation (EU) No 516/2014
Article 18 — paragraph 3 c (new)







Text proposed by the Commission




Amendment





 





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








Amendment 13


Proposal for a regulation


Article 1 — paragraph 1 — point 4

Regulation (EU) No 516/2014
Article 18 — paragraph 4







Text proposed by the Commission




Amendment













(4)





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









deleted







Amendment 14


Proposal for a regulation


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

Regulation (EU) No 516/2014
Article 18 — paragraph 4







Present text




Amendment





 










(4a)





Paragraph 4 is replaced by the following:










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




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







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

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

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