61 Amendments of Barbara SPINELLI related to 2016/0131(COD)
Amendment 408 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. The agency shall consult, in the development of guidelines related to the implementation of instruments of Union law on asylum, with relevant judicial associations and members of courts of tribunals in order to ensure full respect for the independence of the judiciary.
Amendment 411 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 412 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The Agency, in close cooperation with the Commission, shall establish a mechanism to: shall, at the request of the Commission, provide it with all relevant information and statistical data for monitoring purposes, in consultation with the Consultative Forum and in a bi- annual report. This report shall include all relevant information and statistical data for the purposes of:
Amendment 419 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) monitoring the implementation and assessing all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by Member States, including as regards the respect of fundamental rights, child protection safeguards and the needs of vulnerable persons;
Amendment 421 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) monitoring compliance by Member States with operational standards, indicators guidelines and best practices on asylum;
Amendment 424 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) verifying the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctlywith full respect for Union and international law.
Amendment 433 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
The Agency may, in particular, base its assessmenreport on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling.
Amendment 439 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall assess the readiness of Member States to meet challenges from possible disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure with a view to safeguarding the right to asylum and fundamental rights and shall assist Member States to prepare and review their contingency planning, where necessary.
Amendment 446 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Procedure for monitreporting and assessment by the Agency
Amendment 449 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
The Management Board shall, in consultation with the Commission, set the programme for monitreporting and assessing on the asylum and reception systems in each Member State, or of all Member States on the basis of thematic or specific aspects of the asylum systems. That programme shall form part of the multi-annual and annual programming referred to in Article 41.
Amendment 451 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
The multi-annual programming shall list the Member States whose asylum and reception systems shall be monitreported on each year, ensuring that each Member State shall be monitoredthe subject of report at least once in every fivetwo-year period.
Amendment 454 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
The annual work programme shall list the Member States to be monitoredsubject of a report the following year in accordance with the multi-annual programming and the thematic assessments. It shall include an indication of what the monitoringreport shall consist of and a schedule for any on-site visits. Unannounced on-site visits may also be conducted.
Amendment 459 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5
Article 14 – paragraph 1 – subparagraph 5
The Agency may initiate a monitorreporting exercise for the assessment of the asylum or reception systems of a Member State on its own initiative or at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State's asylum or reception systems.
Amendment 461 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Agency shall set up teams of experts for each monitorreporting exercise, including for the on-site visits as necessary. The teams of experts shall be composed of experts from the Agency's own staff and Commission representatives. The team of experts shall be responsible for drawing up a report based on the findings of on-site visits and information provided by Member States as well as other relevant stakeholders, such as the UNHCR and non-governmental organisations.
Amendment 471 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Executive Director shall transmit the draft report of the team of experts to the Member State concerned, which shall provide its comments on that draft report. The Executive Director shall then submit the draft report, taking into account the comments of the Member State concerned, to the Management Board. The Management Board shall adopt the monitoring report and transmit it to the Commission and the European Parliament.
Amendment 474 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Executive Director, after consultation with the Commission, shall submit draft recommendations to the Member State concerned outlining the necessary measures to address shortcomings identified in the monitoring report. The Member State concerned shall be given one month to comment on the draft recommendations. After giving consideration to those comments, the Management BoardCommission shall adopt the recommendations and it shall invite the Member State concerned to draw up an action plan outlining the measures to remedy any shortcomings.
Amendment 478 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Member State concerned shall provide the AgencyCommission with an action plan within one month from adoption of the recommendations referred to in paragraph 4. The Agency shall be invited to provide the Commission with an opinion on the Member State action plan within one month in consultation with UNHCR and relevant stakeholders. That Member State shall report to the AgencyCommission on the implementation of the action plan within three months from the adoption of the recommendations and shall thereafter continue to report every month for a maximum of six months. That Member State report shall be communicated to the Agency in order for this information to be taken into account in its reports.
Amendment 481 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 488 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where, after the period referred to in Article 14(5), the Member State concerned has not fully implemented the action plan and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEASrepresent a clear breach of the right to asylum and fundamental rights, the Commission shall, based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings, adopt recommendations addressed to that Member State outlining the measures needed to remedy the serious shortcomings, and where necessary setting out the measures to be taken by the Agency to support that Member State.
Amendment 489 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commission may, taking into account the seriousness of the shortcomings identified, organise announced and unannounced on-site visits to the Member State concerned to verify the implementation of the action plan.
Amendment 491 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Member State concerned shall report to the Commission on the implementation of the recommendations referred to in paragraph 1 within the time- limit set in those recommendations. If after that time-limit, the Commission is not satisfied that the Member State has fully complied with those recommendations, it may take further action in accordance with Article 22(3).
Amendment 503 #
Proposal for a regulation
Article 16 – paragraph 3 – point i
Article 16 – paragraph 3 – point i
(i) assist Member States in ensuring that all the necessary fundamental rights safeguards, including child rights and child protection safeguards, are in place;
Amendment 505 #
Proposal for a regulation
Article 16 – paragraph 3 – point j
Article 16 – paragraph 3 – point j
Amendment 511 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The Executive Director shall evaluate the result of the operational and technical measures and shall transmit detailed evaluation reports to the Management Board, the European Commission and the European Parliament within 60 days from the end of those measures. The Agency shall make a comprehensive comparative analysis of those results which shall be included in the annual activity report referred to in Article 65.
Amendment 513 #
3. On a proposal by tThe Executive Director, the Management Board shall decide by an absolute majority of its members with a right to vote on the profiles and the overall number of experts to be made available for the asylum support teams. The same procedure shall apply to any subsequent changes in the profiles and the overall number of experts shall be responsible for ensuring that the overall number and the composition of experts to be made available for the asylum support teams is in accordance with the request, depending on the needs on the ground, of the host Member State.
Amendment 514 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. As part of the asylum support teams, the Agency shall set up a list ofbe able to provide interpreters. Member States shall assist the Agency in identifyproviding interpreters for the list of interpreters. Member States may choose either to deploy the interpreters or to make them available by video- conferencing. If sufficient interpreters are not provided, the Agency shall issue a call for proposals.
Amendment 515 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. Member States shall ensure that the experts that they contribute match the profiles and numbers decided upon by the Management Boarrequested by the Member State in need. The duration of deployment shall be determined by the home Member State but it shall not be less than 360 days.
Amendment 521 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 525 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall contribute to the asylum intervention pool through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles. The duration of deployment shall be determined by the home Member State but it shall not be less than 360 days.
Amendment 536 #
Proposal for a regulation
Article 19 – paragraph 2 – point j
Article 19 – paragraph 2 – point j
(j) modalities of cooperation with third countries, other Union agencies, bodies, offices or international organisations;
Amendment 544 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. As soon as the operational plan is agreed, the Executive Director shall request the Member States to deploy the experts within no more than seven working days. The Executive Director shall indicate the number and profiles required from the Member States. That information shall be provided, in writing, to the national contact points and shall specify the scheduled date of deployment. A copy of the operational plan shall also be sent to the national contact points, the European Commission and the European Parliament.
Amendment 545 #
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. The Executive Director shall, after informing the host Member State, suspend or terminate, in whole or in part, the deployment of the asylum support teams if the conditions to carry out the operational and technical measures are no longer fulfilled or if the operational plan is not respected by the host Member State or if he or she considers that there are violations of fundamental rights or international obligations that are of a serious nature and are likely to persist.
Amendment 548 #
Proposal for a regulation
Article 21
Article 21
Amendment 568 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where in the event of disproportionate pressure on the asylum or reception systems a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure, or where it does not comply with the Commission's recommendations referred to in Article 15(3), thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the CEASbreaching the right to asylum and fundamental rights, the Commission may adopt a decision by means of an implementing act, identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.
Amendment 575 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Without prejudice to the obligation of Member States to supply the necessary facilities and equipment for the Agency to be able to provide the required operational and technical assistance, the Agency may deploy its own equipment to Member States to the extent that this may be needed by the asylum support teams, including at the request orf the experts from the asylum intervention pool andMember State in need, insofar as this may complement equipment already made available by the Member States or other Union agencies.
Amendment 580 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where experts of an asylum support team or from the asylum intervention pool are operating in a host Member State, thate agency or the home Member State shall be liable in accordance with its national law for any damage caused by them during their operations.
Amendment 584 #
Proposal for a regulation
Article 31 – paragraph 1 – point b
Article 31 – paragraph 1 – point b
(b) when carrying out case sampling for the purposes of the monitoring exercise referred to in Article 13; restricts the processing of personal data for that purpose strictly to nationality, age and gender;
Amendment 588 #
Proposal for a regulation
Article 31 – paragraph 1 – point d
Article 31 – paragraph 1 – point d
Amendment 590 #
Proposal for a regulation
Article 31 – paragraph 1 – point e
Article 31 – paragraph 1 – point e
Amendment 598 #
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3 a. The Member State which has transmitted personal data in accordance with paragraph 1 shall inform the applicant of such transmission and his or her right to, in accordance with the laws, regulations and procedures of that Member State, bring an action or, if appropriate, a complaint before the competent authorities or courts of the Member State, against wrongful use or processing of such data.
Amendment 600 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
Amendment 603 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 609 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 610 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Agency shall coordinatesupport actions on resettlement taken by Member States or by the Union, in cluding the exchange of information, so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries. The Ageose cooperation with the UNHCR and relevant Non-Governmental Organisations. The Agency shall gather information in full compliance with the standards and guidancye shall gather informationet by the UNHCR, monitor resettlement to Member States and, support Member States with capacity building on resettlement. The Agency may also, subject to the agreement of the third country and in agreement with the Commission, coordinate any such exchange of information or other action between Member States and a third country, in the territ, and provide any additional resettlement support in line with the responsibilities conferred to it in the Regulation for a Union frameworyk of that third countryn resettlement.
Amendment 613 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
Amendment 615 #
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the external relations policy of the Union. It may launch and finance technical assistance projects in third countries regarding matters covered by this RegulationRegulation for a Union framework on resettlement.
Amendment 618 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Agency shall cooperate with agencies, bodies and offices of the Union having activities relating to its field of activity, in particular the European Union Agency for Fundamental Rights and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States and which are competent in matters covered by this Regulation.
Amendment 625 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State and, two representatives of the Commission, two representatives of the European Parliament and the UNHCR which shall have the right to vote.
Amendment 632 #
Proposal for a regulation
Article 40 – paragraph 1 – point u
Article 40 – paragraph 1 – point u
Amendment 633 #
Proposal for a regulation
Article 40 – paragraph 1 – point v
Article 40 – paragraph 1 – point v
(v) set the programme for monitoring and assessingreporting on the asylum and reception systems in accordance with Article 14(1);
Amendment 634 #
Proposal for a regulation
Article 40 – paragraph 1 – point w
Article 40 – paragraph 1 – point w
Amendment 635 #
Proposal for a regulation
Article 40 – paragraph 1 – point x
Article 40 – paragraph 1 – point x
Amendment 636 #
Proposal for a regulation
Article 40 – paragraph 1 – point y
Article 40 – paragraph 1 – point y
Amendment 637 #
Proposal for a regulation
Article 40 – paragraph 1 – point z
Article 40 – paragraph 1 – point z
Amendment 638 #
Proposal for a regulation
Article 40 – paragraph 1 – point aa
Article 40 – paragraph 1 – point aa
Amendment 643 #
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Executive Director shall be appointed on the ground of merit and documented high-level administrative and management skills as well as senior professional experience in the field of migration and asylum.
Amendment 656 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The Consultative Forum shall constitute a mechanism for theconsultation, exchange of information and sharing of knowledge. It shall ensure a close dialogue between the Agency and relevant organisations or bodies as referred to in paragraph 1 and shall assist the Executive Director and the Management Board in matters covered by this Regulation.
Amendment 658 #
Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 1
Article 48 – paragraph 3 – subparagraph 1
The Agency shall invite the European Union Agency for Fundamental Rights, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States, UNHCR and other relevant organisations or bodies as referred to in paragraph 1.
Amendment 659 #
Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 2
Article 48 – paragraph 3 – subparagraph 2
On a proposal by the Executive Director, the Management Board shall decide on the composition and working methods of the Consultative Forum, including thematic or geographic-focused consultation groups, and the modalities of transmission of information to the Consultative Forumon the basis of knowledge and expertise and relevance to the Agency's activities as well as on the modalities of transmission of information to the Consultative Forum. The consultative forum should decide on its working methods, including thematic or geographic-focused working groups as deemed necessary and useful.
Amendment 662 #
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
4. The Consultative Forum shall assdviste the Executive Director and the Management Board in matters related to asylum, in accordance with specific needs in areas identified as a priority for the Agency's work.
Amendment 664 #
Proposal for a regulation
Article 48 – paragraph 5 – point b a (new)
Article 48 – paragraph 5 – point b a (new)
(b a) provide advice to the Agency on Country of Origin Information through the setting up of an independent Expert Panel on Country of origin Information referred to in Articles 8 and 10.