[ParlTrack]

Proposal for a decision
Title

Proposal for a ~~COUNCIL DECISION~~regulation of the European Parliament and of the Council amending Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(3)2) and Article 80 thereof,

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Citation 3

~~Hav~~Acting ~~regard to the opinion of the European Parliament9, _________________ 9~~in accordance with the ordinary legislative procedure9, _________________ 9 Position of the European Parliament of …. Council decision OJ C , , p. . of ….

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Recital 1

(1) ~~On the basis of~~ Article 78(32) TFEU, the Council adopted two Decisions establishing provisional measures in the area of international protection for the benefit of Italy and Greece. Under Council Decision (EU) 2015/152310, 40 000 applicants for international protection are to be relocated from Italy and Greece to the other Member States. Under Council Decision (EU) 2015/160111 , 120 000 applicants for international protection are to be relocated from Italy and Greece to other Member States. _________________ 10Council Decision (EU) 2015/ 1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece, OJ L 239, 15.9.2015, p. 146. 11Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece, OJ L 248, 24.9.2015, p. 80 provides that the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, are to adopt measures developing a common European asylum system.

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST, Marina ALBIOL GUZMÁN

Proposal for a decision
Recital 1 a (new)

(1a) According to Article 80 TFEU, the policies of the Union in the area of border checks, asylum and immigration and their implementation are to be governed by the principle of solidarity and fair sharing of responsibility between the Member States, and Union acts adopted in this area are to contain appropriate measures to give effect to that principle.

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Recital 1 b (new)

(1b) Pursuant to Article 78(3) TFEU, the European Parliament is only consulted. That article provides that the Council, on a proposal from the Commission and after consulting the European Parliament, may adopt provisional measures for the benefit of Member States, in the event of those Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries.

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Recital 1 c (new)

(1c) The European Parliament approved a statement attached to its legislative resolution of 9 September 2015 on the proposal for a Council Decision establishing provisional measures in the area of international protection for the benefit of Italy and Greece in which it insisted that Article 78(2) jointly with Article 80 TFEU is the correct legal basis. The European Parliament accepted Article 78(3) only in light of the need to adopt immediate emergency measures for the benefit of Greece and Italy. The European Parliament further stressed the fact that the adoption of the Council Decision was without prejudice to the range of legal bases available to the co- legislator in the future, in particular with regard to Article 78 jointly with Article 80 TFEU. In its legislative resolution of 17 September 2015 on the proposal for a Council Decision establishing provisional measures in the area of international protection for the benefit of Italy, Greece and Hungary, the European Parliament referred to its legislative resolution of 9 September and repeated that its approval of the Commission proposal has to be seen in light of the exceptional situation of urgency and the need to address the situation with no further delay.

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Recital 1 d (new)

(1d) This legislative proposal however does not come in light of an exceptional situation of urgency as the situation has remained stable since 26 September 2015.

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST, Marina ALBIOL GUZMÁN

Proposal for a decision
Recital 4

~~(4)~~ The EU Heads of State or ~~(4)~~ Government ~~agreed~~, who have no formal co- legislative powers, agreed through a "statement" on 7 March to work on the basis of a series of principles for an agreement with Turkey, including to resettle, for every Syrian readmitted by Turkey from Greek islands, another Syrian from Turkey to the Member States, within the framework of the existing commitments. Those principles were further developed in the Commission's Communication on next operational steps in EU-Turkey cooperation in the field of migration12 which called for taking the necessary steps to transfer some of the commitments under the existing relocation decisions, notably all or part of the currently unallocated 54 000 places, to the so called 1:1 scheme. _________________ 12Under such a 1:1 scheme, the protection of persons fleeing war and persecution is not guaranteed. The right to seek asylum and the principle of non- refoulement enshrined in Union law, in the Geneva Convention of 28 July 1951 and in the Protocol of 31 January 1967 relating to the status of refugees are the centrepiece of Union and international refugee protection. They should not be undermined by a statement of the EU Heads of State or Government on cooperation with Turkey. COM(2016)166 final.

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Recital 5

(5) Resettlement, humanitarian admission, or other forms of legal admission from Turkey under national and multilateral schemes ~~can be expected~~are the only legal and dignified way to relieve the migratory pressure on Member States ~~which are beneficiaries of relocation under Decision (EU) 2015/1601~~ by providing a legal and safe pathway to enter the Union and by discouraging so called irregular entries. Therefore, the ~~solidarity ef~~fortms of ~~Member States consisting in admitting to their territory Syrian nationals present in Turkey who are in clear need of internationa~~legal admission should be extended. In its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration, the European Parliament called for developing more safe and lawful proute~~ction should be taken into account in relation to the 54 000 applicants for internat~~s for asylum seekers and refugees into the Union, including a binding and mandatory Union legislative approach to resettlement, the establishment of humanitarian admissional pro~~tection referred to above. The number of pers~~grammes by all Member States and a more extensive use of humanitarian visas. Those measures should be complementary to the relocations s~~o admitted from Turkey by a Member State should be deducted from the number of persons to be relocated to that Member State under~~chemes adopted under Decisions (EU) 2015/15231a and (EU) 2015/16011b. __________________ 1a Council Decision (EU) 2015/ 1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece( OJ L 239, 15.9.2015, p. 146). 1b Council Decision (EU) 2015/1601 ~~in relation to those 54 000 applicants~~of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece( OJ L 248, 24.9.2015, p. 80).

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Recital 6

(6) Mechanisms for admission complementary to the relocation schemes adopted under Council Decision (EU) 2015/15231a and Council Decision (EU) 2015/16011b may include resettlement, humanitarian admission or other legal pathways for admission of persons in clear need of international protection, such as humanitarian visa programmes, humanitarian transfer, family reunification programmes, private sponsorship projects, scholarship programmes, labour mobility schemes, and others. __________________ 1a Council Decision (EU) 2015/ 1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece( OJ L 239, 15.9.2015, p. 146). 1b Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece( OJ L 248, 24.9.2015, p. 80).

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST, Marina ALBIOL GUZMÁN

Proposal for a decision
Recital 6 a (new)

(6a) Family reunification is therefore not conditional on ad hoc Union policies, solidarity or emergency measures, and should be respected and promoted by Member States in all cases. Family reunification visas should not be limited in number or subject to financial incentives.

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Recital 6 b (new)

(6b) According to recital 34 of Council Decision (EU) 2015/16011a the integration of applicants in clear need of international protection into the host society is the cornerstone of a properly functioning Common European Asylum System; in order to decide which specific Member State should be the Member State of relocation, specific account should therefore be given to the specific qualifications and characteristics of the applicants concerned, such as their language skills and other individual indications based on demonstrated family, cultural or social ties which could facilitate their integration into the Member State of relocation; in the case of particularly vulnerable applicants including minors and unaccompanied minors, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants and to the necessity of ensuring a fair distribution of those applicants among Member States; and with due respect for the principle of non- discrimination, Member States of relocation should be able to indicate their preferences for applicants based on the above information on the basis of which Italy and Greece, in consultation with EASO and, where applicable, liaison officers, may compile lists of possible applicants identified for relocation to that Member State. __________________ 1aCouncil Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece( OJ L 248, 24.9.2015, p. 80).

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST, Marina ALBIOL GUZMÁN

Proposal for a decision
Recital 6 c (new)

(6c) Member States should not require applicants for relocation to provide certain personal information, such as religion, sex or age, on the basis of which discrimination could occur. Exceptions from this rule must comply with the obligations under the Geneva Convention of 28 July 1951 relating to the status of refugees and the European Charter of Fundamental Rights of the European Union.

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST, Marina ALBIOL GUZMÁN

Proposal for a decision
Recital 7

(7) The commitments that Member States undertook as part of the resettlement scheme agreed in the Conclusions of the Representatives of the Governments of the Member States meeting within the Council of 20 July 2015 should not be affected by this Decision and should not count towards meeting the obligations under Decision 2015/1601. Therefore, a Member State which chooses to meet its obligations under Decision (EU) 2015/1601 by admitting Syrians present in Turkey through resettlement, cannot count this effort as constituting part of its commitment under the 20 July 2015 resettlement scheme. Member States should urgently comply with their resettlement commitments.

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST, Marina ALBIOL GUZMÁN

Proposal for a decision
Recital 8

(8) ~~To ensure a proper monitoring of the situation,~~Every month Member States should report ~~on a monthly basis~~ to the Commission on Syrians present in Turkey admitted to their territory under the option provided for in this amendment specifying under which scheme, national or multilateral, the person has been admitted and the form of legal admissthe number of persons legally admitted and relocated to their territory, indicating the type of scheme under which the admission has taken place, the form of legal admission used and the Member State of relocation.

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST, Marina ALBIOL GUZMÁN

Proposal for a decision
Recital 14

(14) ~~In view of the urgency of the situation, t~~This Decision should enter into force on the date following that of its publication in the Official Journal of the European Union,

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Article 1 – paragraph -1 (new)

Council Decision (EU) 2015/1601
Article 3 – paragraph 2

~~2. Relocation pursuant to this Decision shall be applied only in respect of an applicant~~In Article 3 of Decision (EU) 2015/1601, paragraph 2 is replaced by the following: “2. Relocation pursuant to this Decision shall be applied only in respect of applicants with Syrian, Iraqi, Eritrean, Somalian, Sudanese, Iranian or Afghan nationality or of those belonging to a nationality for which the proportion of decisions granting international protection among decisions taken at first instance on applications for international protection as referred to in Chapter III of Directive 2013/32/EU of the European Parliament and of the Council13 is, according to the latest available updated quarterly Union- wide average Eurostat data, 750 % or higher and in respect of vulnerable people in need of international protection independently of their nationality, as identified by the UNHCR. In the case of stateless persons, the country of former habitual residence shall be taken into account. Quarterly updates shall be taken into account only in respect of applicants who have not already been identified as applicants who could be relocated in accordance with Article 5(3) of this Decision. ~~__________________ 13 Directive Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).~~” 2013/32/EU of the European

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Article 1 – introductory part

~~In Article 4 of Decision (EU) 2015/1601 the following paragraph 3a is inser~~deleted:

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST, Marina ALBIOL GUZMÁN

Proposal for a decision
Article 1 – paragraph 1

Council Decision (EU) 2015/1601
Article 4 – paragraph 3a – subparagraph 1

3a. In relation to the relocation of applicants referred to in point (c) of paragraph 1, the admission by Member States to their territory of Syrian nationals present in Turkey under national or multilateral legal admission schemes for persons in clear need of international protection other than the resettlement scheme which was the subject of the Conclusions of the Representatives of the Governments of the Member States meeting within the Council of 20 July 2015 shall lead to a corresponding reduction of the obligation of the respective Member State.deleted

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Article 1 – paragraph 1

Council Decision (EU) 2015/1601
Article 4 – paragraph 3 a – subparagraph 2

~~Article 10 shall apply mutatis mutandis for every such legal admission leading to a reduction of the relocation obligation.~~deleted

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Article 1 – paragraph 1

Council Decision (EU) 2015/1601
Article 4 – paragraph 3 a – subparagraph 3

Every month Member States shall report to the Commission on the number of persons legally admitted for the purposes of this paragraph, indicating the type of scheme under which the admission has taken place and the form of legal admission used.deleted

2016/06/27
Committee: LIBE

Barbara SPINELLI, Cornelia ERNST

Proposal for a decision
Article 1 – paragraph 1 a (new)

Council Decision (EU) 2015/1601
Article 5 – paragraph 2

1a. In Article 5, paragraph 2 is replaced by the following: “2. Member States shall, at regular intervals, and at least every 3 months, indicate the number of applicants who can be relocated swiftly to their territory and any other relevant information. Member States shall make available at least one- third of their relocation places by 30 September 2016.”

2016/06/27
Committee: LIBE

23 Amendments of Barbara SPINELLI related to 2016/0089(NLE)

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