43 Amendments of Sofia SAKORAFA related to 2016/0131(COD)
Amendment 38 #
Proposal for a regulation
Recital 8
Recital 8
(8) The European Union Agency for Asylum should gather and analyse information on the situation of asylum in the Union and in third countries, in cooperation with the UNHCR and the consultative forum, insofar as this may have an impact on the Union. That should enable the Agency to assist Member States in better understanding the factors for asylum-related migration towards and within the Union, as well as for the purpose of early warning and preparedness of Member States.
Amendment 45 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Union Agency for Asylum should ensure a more structured and streamlined production of information on countries of origin at the level of the European Union. It is necessary for the Agency to gather information and draw up reports providing for country of origin information by making use of European networks on country of origin information so as to avoid duplication and create synergies with national reports. Furthermore, to ensure convergence and high standards in the assessment of applications for international protection and the nature and quality of protection granted, the Agency should, together with Member States, engage in and develop a common analysis providing guidance on the situation in specific countries of origin. Such common analysis should be developed taking fully into account the most recent, Fact-Finding Missions reports, relevant UNHCR information, country/situation specific position papers and eligibility guidelines relating to the specific country of origin concerned. Where there is a conflict between the common analysis and UNHCR guidance, the latter should be carefully taken into account by Member States when examining individual applications for international protection in accordance with the supervisory responsibility of the UNHCR as set out in paragraph 8 of the Statute of the Office of the High Commissioner for Refugees, read in conjunction with Article 35 of the 1951 Convention relating to the Status of Refugees (1951 Convention) and Article II of the 1967 Protocol relating to the Status of Refugees (1967 Protocol).
Amendment 58 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, the Agency should organise and coordinate activities promoting Union law. For that purpose, the Agency should assist Member States by developing operational standards and indicators for monitoring compliance with those standards. The Agency should also develop guidelines on asylum-related matters and should enable the exchange of best practices among Member States., in collaboration with the Fundamental Rights Agency, the UNHCR and the consultative forum
Amendment 70 #
Proposal for a regulation
Recital 16
Recital 16
(16) To facilitate and improve the proper functioning of the CEAS and to assist Member States in implementing their obligations within the framework of CEAS, the European Union Agency for Asylum should provide Member States with operational and technical assistance, in particular when their asylum and receptions systems are subject to disproportionate pressure. The Agency should provide the necessary operational and technical assistance through the deployment of asylum support teams consisting of experts from the Agency's own staff, experts from Member States or experts seconded by Member States to the Agency, and based on an operational plan. Those teams should support Member States with operational and technical measures, including by providing expertise relating to identification and registration of third countries nationals, interpreting services, information on countries of origin and knowledge of the handling and management of asylum cases, as well as by assisting national authorities competent for the examination of applications for international protection and by assisting with relocation. Experts deployed in asylum support teams must have been trained in the EASO Training Curriculum prior to assuming their functions. EASO staff to be deployed in order to assist in the examination of the asylum applications must have had relevant experience as caseworkers in RSD procedures. The arrangements for the asylum support teams should be governed by this Regulation in order to ensure their effective deployment.
Amendment 97 #
Proposal for a regulation
Recital 25
Recital 25
(25) The European Union Agency for Asylum should maintain a close dialogue with civil society with a view to exchanging information and pooling knowledge in the field of asylum. The Agency should set up a Consultative Forum which should constitute a mechanism for the exchange of information and the sharing of knowledge. The Consultative Forum should assist the Executive DirectorIn any cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation, as well as with the EU Charter of Fundamental Rights, also when cooperation with third countries takes place on the territory of those countries. Such cooperation should be strictly limited to the promotion of Union standards on asylum, assisting third countries as regards expertise and capacity building for their own asylum and reception systems, implementing regional development and protection programmes and the Mexchanagement Board in mat of information on resettlement between Member Staters covered by this Regulationand a third country, while ensuring confidentiality of information relating to individual resettlement cases.
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) assist Member States on training of expertsand provide training to Member States staff from all national administrations, courts and tribunals, and national services responsible for asylum matters, including the development of a common core curriculum;
Amendment 131 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Agency shall work closely with the Member States' asylum authorities, with national immigration and asylum services and other national services and with the Commission. The Agency shall carry out its duties without prejudice to those assigned to other relevant bodies of the Union and shall work closely with those bodies and, with the United Nations High Commissioner for Refugees (UNHCR), with academics, representatives of the judiciary and relevant expert national and international non-governmental organisations.
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The Agency shall base its analysis on information provided, in particular, by Member States, relevant Union institutions and agencies, the European External Action Service as well as UNHCR and other international organisationsexpert national and international non-governmental organisations in the field of asylum;.
Amendment 138 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Agency shall ensure the rapid exchange of relevant information amongst Member States and with the Commission. It shall also submit, in a timely and accurate manner, the results of its analysis to the Management Board and the European Parliament.
Amendment 146 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Agency shall develop such training in close cooperation with Member States and, in cooperation with appropriate training entities in the Member States, including UNHCR, academic institutions and other relevant, national and international associations of judges and other relevant expert non- governmental organisations.
Amendment 150 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The Agency shall take the necessary initiatives to ensure thatprovide the experts who participate in the asylum support teams and the asylum intervention pool, have receivedwith the specialist training relevant to their duties and functions prior to their participation in the operational activities organised by the Agency. The Agency shall conduct regular exercises with those experts in accordance with the specialist training and exercise schedule referred to in its annual work programme.
Amendment 156 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Agency shall be a centre for gathering relevant, reliable, balanced, transparent, traceable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific information and targeted information on persons belonging to vulnerable groups. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues specific to countries of origin.
Amendment 161 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) make use of all relevant sources of information, including its information analysis on the situation of asylum and other information gathered from governmental, non-governmental and international organisations, including through the networks referred to in Article 9, Fact-Finding Missions to countries of origin, as well as Union institutions, agencies, bodies, offices and the European External Action Service;
Amendment 164 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) manage and further develop a fully transparent, publicly accessible portal for gathering and disseminating information on countries of origin including on use of sources, in accordance with Regulation (EG) 1049/2001;
Amendment 170 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. To foster convergence in applying the assessment criteria established in Directive 2011/95/EU of the European Parliament and of the Council,22 the Agency shall coordinate efforts among Member States to engage in and develop a common analysis providing guidance on the situation in specific countries of origin. Such common analysis should be developed taking fully into account the most recent, relevant UNHCR information, country/situation specific position papers and eligibility guidelines relating to the specific country of origin concerned. Regarding the common analysis the Agency, in accordance of Article 35 of the Geneva Convention, shall acknowledge the supervisory authority of the UNCHR and, therefore, take its guidance upon the matter. __________________ 22 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ L 337, 20.12.2011, p. 9).
Amendment 174 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Executive Director shall, after consulting the Commissionnsultative Forum, submit that common analysis to the Management Board for endorsement. Member States shall be required to take that common analysis into account when examining applications for international protection, without prejudice to their competence for deciding on individual applications.
Amendment 177 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Agency shall ensure that the common analysis is kept constantly under review and updated to the extent necessary. Any such revision shall likewise require prior consultation of the Commission andnsultative Forum endorsement by the Management Board.
Amendment 193 #
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 in consultation with the consultative forum shall establish a mechanism to:
Amendment 195 #
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 legal assistance, 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, as well as resettlement;
Amendment 205 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
The Agency may, in particular, base its assessment on information provided by Member States, information analysis on the situation of asylum developed by the Agency, regular on-site visits and case sampling., as well as, assessments provided by UNHCR, academic institutions and expert national and international non- governmental organisations in the field of asylum;
Amendment 207 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate closely with the Agency and shall facilitate any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.
Amendment 224 #
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. The Agency shall organise and coordinate, for a limited period of time, one or more of following operational and technical measures:
Amendment 226 #
Proposal for a regulation
Article 16 – paragraph 3 – point g
Article 16 – paragraph 3 – point g
(g) assist with the relocation or transfer of beneficiaries of international protection within the Union; taking into account fair objective criteria, such as family and cultural ties, and as far as possible on asylum seekers own preferences;
Amendment 228 #
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 231 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The asylum support teams shall consist primarily of experts from the Agency's own staff, experts fromseconded by Member States or experts seconded by Member States to the Agencyto the Agency or experts from Member States.
Amendment 234 #
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 236 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Management Board shall, on a proposal of the Executive Director, decide by a three-fourths majority of members with a right to vote on the profiles of experts and on the share that each Member State shall contribute to constitute the asylum intervention pool. The same procedure shall apply to any subsequent changes in the profiles and the overall number of experts. The Executive Director shall ensure that the composition of the asylum support teams or the experts to be deployed from the asylum intervention pool is in accordance with the request, depending on the needs on the ground, of the host Member State.
Amendment 239 #
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 240 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. Full compliance of Member States with their obligations for staffing and supporting the Agency is mandatory. Such compliance should be monitored by the European Commission and, in cases of non compliance, corrective measures should be taken immediately.
Amendment 248 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where the asylum and reception systems of a Member State are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems, the Agency shall, at the request of the Member State concerned, or on its own initiative, organise and coordinateganise and coordinate together with the host Member State concerned, a comprehensive set of operational and technical measures as referred to in Article 16 and deploy experts from the asylum intervention pool referred to in Article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time.
Amendment 257 #
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 263 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Where such damage is caused by gross negligence or wilful misconduct, the host Member State may address the home Member State or the Agency to obtain any sums it has paid to the victims or persons entitled on their behalf from the home Member State or the AgencyAgency or the home Member State shall make good any damage caused in accordance with the general principles common to the laws of the Member States.
Amendment 271 #
Proposal for a regulation
Article 31 – paragraph 1 – point d
Article 31 – paragraph 1 – point d
Amendment 275 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. In matters related to its activities and, to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to the protection of fundamental rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation, as well as the EU Charter of Fundamental Rights, including when carrying out activities on the territory of those third countries.
Amendment 280 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 282 #
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 informationose cooperation with the UNHCR. The Agency shall exchange information, in full compliance with the standards and guidance set by UNHCR, so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries. The Agency shall gather information, monitor resettlement to Member States and support Member States with capacity building on resettlement. . The Agency may also, subject to the agreement of the thirconfidentiality of information relating to individual resettlement cases shall be guaranteed at all times. Any exchange of information shall be carried country and in agreement with the Commission, coordinatet in full compliance with the relevant rules established in the UNHCR Resettlement Handbook, without jeopardising eligibility anyd such exchange of information or other action between Member States and a third country, in the territory of that third countelection of refugees for resettlement. Any Agency activity in the field of resettlement shall be carried out in close cooperation with UNHCR and include support for resettled refugees on the territory of Member States post arrival as relevant and necessary.
Amendment 286 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
Amendment 289 #
Proposal for a regulation
Article 37 – title
Article 37 – title
Cooperation with the UNHCR entities and other international organisations
Amendment 291 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
The Agency shall cooperate with UN entities and international organisations, in particular UNHCthe UNHCR and the OHCHR, in areas governed by this Regulation, within the framework of working arrangements concluded with those bodies, in accordance with the Treaty and the provisions on the competence of those bodies. The Management Board shall decide on the working arrangements which shall be subject to prior approval of the Commission.
Amendment 292 #
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, and two representatives from the European Parliament which shall have the right to vote.
Amendment 297 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The Management Board shall include one representative of UNHCR, and the European Agency for Fundamental Rights (FRA) without the right to vote.
Amendment 302 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. The Management Board may establish an Executive Board, composed of the Chairperson of the Management Board, the two representatives of the Commission to the Management Board, the two representatives of the European Parliament to the Management Board and three other members of the Management Board, to assist it and the Executive Director with regard to the preparation of decisions, thein close collaboration with the Member States representatives when these decisions may concern one specific Member State; the proposal of annual and multi-annual programming and activities to be adopted by the Management Board. When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters. Any such decision should be put to the Management Board as soon as possible for final approval.