35 Amendments of Fabio Massimo CASTALDO related to 2016/0131(COD)
Amendment 72 #
(1) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In this respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows, notablyincluding through rapid processing to ensure access to protection of those in need, with swift returns for those who are not in need of protection, including through controlled centres established in the territory of all Member States and only on a voluntary basis. These centres should not be closed centres and should fully respect the EU asylum legislation and migrants’ fundamental rights. Therefore, the Union should be able to provide the Member States concerned with full financial and operational support through the relevant Union Agencies including the European Union Agency for Asylum.
Amendment 73 #
(2) In this respect, at twhe request of a Member State, it should be possible for requests the support of the Agency, to provide an even more reinforced operational and technical assistance byhe latter should be able to provide an enhanced operational and technical assistance including by assisting Member States’ competent authorities in carrying out the entire procedure for international protection or parts of that procedure at the administrative stage ands well as provide assistance with the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation], without prejudice to the competence of Member States to take decisions on individual applications.
Amendment 74 #
(3) The Agency’s involvement in the procedure for international protection and in the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation] would ensure that Member States receive all the required support to process applications for international protection swiftly and in a timely manner allowing for the efficient and orderly functioning of the asylum and reception systems. For that purpose, the Agency should also be able to assist national competent authorities at the administrative stage of the procedure with preparing decisions on applications for international protection. Those national competent authorities should be able to take into account the draft decisions prepared by the Agency, without prejudice to their competence to take decisions on individual applications.
Amendment 75 #
(4) The Agency and the European Border and Coast Guard Agency should cooperate closely in order to address effectively the migratory challenges, in particular at external borders characterised by often large inward mixedwithin their respective mandates and powers in order to address effectively the migratory flowchallenges. In particular, both Agencies should coordinate their activities and support requesting Member States to facilitate the procedure for international protection and the return procedure with regard to third country nationals whose applications for international protection have been rejected or who are otherwise illegally present in the Member States. The Agency and the European Border and Coast Guard Agency should also closely cooperate in other common operational activities such as shared risk analysis, collection of statistical data, training and support to Member States on contingency planning with their agreement.
Amendment 76 #
(5) Member States should be able to rely on increasenhanced operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of teams of experts from Member States deployed by the Agency, the European Border and Coast Guard Agency and Europol or other relevant Union agencies, as well as experts from the staff of the Agency and the European Border and Coast Guard Agency. The Commission should ensure the necessary coordination in the assessment of needs and of the operations on the ground notably in view of the involvement of several Union agencies and possibly other stakeholders.
Amendment 77 #
(6) In this regard, the Agency should be able to deploy the adequate infrastructure and technical equipment necessary for the asylum support teams, in consultation with the Member States concerned and subject to its agreement and to assist the competent national authorities, including the judiciary.
Amendment 78 #
(7) In hotspot areas or controlled centers, the Member States should cooperate with relevant Union agencies, which should act within their respective mandates and powers in close cooperation with the competent national authorities, and under the overall coordination of the Commission.
Amendment 79 #
(8) In these cases, the Union agencies should, at the request of the Member State and under the coordination of the Commission, act in support of the host Member State to apply rapid procedures for international protection and/or return, fully respecting the fundamental rights of the applicants and the relevant EU asylum aquis and international obligations. It should be possible to distinguish quickly between third-country nationals in need of international protection and those who are not in need of such protection, to carry out security checks and to carry out the entire orsupport Member States in carrying out part of the procedure for international protection and/or return.
Amendment 80 #
Amendment 81 #
(1) Another objective of this Regulation is to ensure that Member States, at their request and according to their needs, can benefit from increasenhanced support of the Agency including its involvement in the procedure for international protection and in the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation] for them to process applications for international protection swiftly and in a timely manner allowing for the efficient and orderly functioning of the asylum and reception systems and to reinforce the elements of cooperation between the European Union Agency for Asylum and the European Border and Coast Guard.
Amendment 82 #
Amendment 83 #
2. The Agency shall organise and coordinate, for a limited period of time, the appropriate operational and technical assistance which may entail taking one or more of the following operational and technical measures in accordance with the agreed operational plan and in full respect of fundamental rights:.
Amendment 84 #
(a) identifyassist with the identification and registeration of third-country nationals, take their biometric data, in accordance with national law, and inform them of those procedures, as appropriate, in close cooperation with other Union Agencies;
Amendment 85 #
(b) assist with and carry out the registration ofreceiving and registering applications for international protection;
Amendment 86 #
Amendment 87 #
Amendment 88 #
(p) deploy asylum support teams, upon the agreement of the Member State concerned;
Amendment 89 #
(q) advise where appropriate, and deploy the adequate infrastructure and technical equipment necessary for the asylum support teams and to assist the competent national authorities, including the judiciaryupon the agreement of the Member State concerned.
Amendment 90 #
1. A Member State may request, for a limited period of time, the Agency to provide it with enhanced assistance to assist it within the implementation of its policy on asylum including of its obobligations under the CEAS and in accordance with the agreed operational plan. This shall be done without prejudice to the competence of Member States to take decisions on individual appligcations under the CEASfor international protection. For that purpose, the Agency shall deploy asylum support teams, including from the asylum reserve pool as appropriate, to carry out one or more of the following activities:
Amendment 91 #
(a) carry out the entire procedure or parts of the procedure for international protection at the administrative stage in accordance with Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], without prejudice to the competence of Member States to take decisions on individual applications and applicable national law and/or;
Amendment 92 #
Amendment 93 #
Amendment 94 #
Amendment 95 #
1. Migration management support teams may be deployed only at the request of athe concerned Member State, or upon the initiative of the Agency and with the agreement of the Member State concerned, to provide technical and operational reinforcement to that Member State.
Amendment 96 #
4. The relevant Union agencies shall, under the coordination of the Commission, assess a Member State's request for reinforcement and needs so as to define the necessary measures, including the deployment of technical equipment, to be agreed upon by the Member State concerned and resulting in the establishment of an operational plan agreed between the Member State and the Agency.
Amendment 97 #
5. The Commission shall, in cooperation with the host Member State and the relevant Union agencies, establish the terms of cooperation for the deployment of the migration management support teams as well as the deployment of technical equipment, and be responsible for the coordination of the activities of those teamcooperation between the relevant agencies.
Amendment 98 #
6. The asylum support teams deployed by the Agency in the framework of the migration management support teams may carry out only the tasks referred to in Article 16(2) and 16a.
Amendment 392 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall, in close cooperation with the UNHCR, assist the Commission in regularly reviewing the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX, including those that have been suspended by the Commission and those that have been removed from that list.
Amendment 409 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. In developing guidelines relating to the implementation of the instruments of Union law on asylum, the Agency shall consult members of courts and tribunals and the relevant judiciary associations, with a view to ensuring that the independence of the judiciary is fully upheld.
Amendment 413 #
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 and, where appropriate, with judiciary associations with experience in asylum matters, shall establish a mechanism to:
Amendment 418 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) monitor the implementation and assess all aspects of the CEAS in Member States, in particular the Dublin system, reception conditions, asylum procedures, including the provisions on legal aid, 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 494 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. The Agency shall provide Member States with assistance in administering the CEAS, in particular in assessing the admissibility of asylum applications. The Agency shall send liaison officers to third countries, in particular to provide support for and facilitate resettlement operations. Agency officials deployed in third countries shall cooperate with the UNHCR and other relevant organisations working in those countries.
Amendment 506 #
(ja) assist the judiciary of the relevant Member States by deploying judges from other Member States who have experience of hearing asylum cases.
Amendment 512 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16a Liaison officers in Member States The Agency shall assist each Member State in implementing the CEAS by providing liason officers appointed by the Executive Director from among the experts on the Agency's staff.
Amendment 606 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3