42 Amendments of Nikos ANDROULAKIS related to 2016/0131(COD)
Amendment 35 #
Proposal for a regulation
Recital 6
Recital 6
(6) The tasks of the European Asylum Support Office should be expanded, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, monitor the operational and technical application of Union law and standards as regards asylum, support the reformed Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.
Amendment 47 #
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 in the assessment of applications for international protection and the nature and quality of protection granted, the Agency should, together with Member States and in close synergy with the United Nations High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM), engage in and develop a common analysis providing guidance on the situation in specific countries of origin.
Amendment 56 #
Proposal for a regulation
Recital 12
Recital 12
(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX 9 should be regularly reviewed by the Commission. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also, at the request of the Commission, provide i provide the Commission and the European Parliament with information on specific third countries which could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country, first country of asylum or European safe third country by Member States apply. __________________ 9OJ L […] 9 OJ L […]
Amendment 60 #
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, as well as with established international rules. The Agency should also develop guidelines on asylum-related matters and should enablcoordinate the exchange of best practices among Member States.
Amendment 65 #
Proposal for a regulation
Recital 14
Recital 14
(14) The European Union Agency for Asylum, in close cooperation with the Commission and without prejudice to the Commission's responsibility as guardian of the Treaties, should establish a mechanism to monitor and assess the implementation of the CEAS, the compliance by Member States with operational standards, guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of Member States. The monitoring and assessment should be comprehensive and should be based, in particular, on information provided, inter alia, by Member States, the European Agency for Fundamental Rights (FRA), and civil society organisations, as well as information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling. The Agency should report its findings to the Management Board which in turn should adopt the report. The Executive Director should, after consultation with the Commission, make draft recommendations to the Member State concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations.
Amendment 68 #
Proposal for a regulation
Recital 15
Recital 15
(15) The recommendations should be followed up on the basis of an action plan prepared by the Member State concerned. The Commission should also identify the measures that should be taken by the Union and the Agency in support of that Member State. If, within the set period of time, the Member State concerned does not take the necessary measures to address the recommendations, and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the CEAS, the Commission should, 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. The Commission may need to organise on-site visits to the Member State concerned to verify the implementation of the action plan. Where necessary, the Commission should also identify the measures that should be taken by the Agency in support of that Member State. If the Member State should remain non- compliant for a certain period of time, the Commission may take further action requiring the Union and the Agency to intervene in support of that Member State and continue insisting on the need of compliance.
Amendment 71 #
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. Members of the asylum support teams should have been trained by the Agency and have a relevant experience. 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. The arrangements for the asylum support teams should be governed by this Regulation in order to ensure their effective deployment.
Amendment 74 #
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State's asylum and reception systems are subject to disproportionate pressure that places exceptionally heavy and urgent demands on their asylum or reception systems, the European Union Agency for Asylum should assist that Member State upon request or on the Agency's own initiative, by means of a comprehensive set of measures, including the deployment of experts from the asylum intervention pool. To ensure the availability of those experts and their immediate deployment, the asylum intervention pool should constitute a reserve of experts from Member States amounting to a minimum of 500 persons. If necessary, the Agency should be able to recruit personnel in order to be able to provide the required support to Member States. The Agency should itself be able to intervene in support of a Member State where despite the disproportionate pressure, the Member State concerned does not request for sufficient assistance from the Agency or the Member State does not take sufficient action to address that pressure with the consequence that the asylum and reception systems would be ineffective to the extent of jeopardising the functioning of the CEAS. A disproportionate number of applications for international protection for which a Member States is responsible may be an indication of disproportionate pressure.
Amendment 79 #
Proposal for a regulation
Recital 19
Recital 19
(19) For Member States that are faced with specific and disproportionate pressure on their asylum and reception systems due, in particular, to their geographical, economic or demographic situation, the European Union Agency for Asylum should support the development of solidarity within the Union and fair share of responsibility, assisting in the better relocation of applicants or beneficiaries of international protection among Member States, while ensuring that asylum and reception systems are not abused.
Amendment 89 #
Proposal for a regulation
Recital 23
Recital 23
(23) The European Union Agency for Asylum should cooperate with international organisations, in particular the United Nations High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM) in matters covered by this Regulation in the framework of working arrangements so as to benefit from their expertise and support. To that end, the roles of UNHCR and the other relevant international organisations should be fully recognised and those organisations should be involved in the work of the Agency. The working arrangements should receive the Commission's prior approval and the European Parliament should be kept duly informed.
Amendment 93 #
Proposal for a regulation
Recital 24
Recital 24
(24) The European Union Agency for Asylum should facilitate operational cooperation between Member States in matters covered by this Regulation. It should also cooperate with authorities of third-countries in the framework of working arrangements which should receive the Commission's prior approval. The Agency should act in accordance with the Union's external relations policy and under no circumstances should it formulate any independent external policy. In their 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 also when the cooperation with third countries takes place on the territory of those countries. The European Parliament should be timely informed and be able to ask the Commission and the Agency to report on the state of cooperation with any particular third-country.
Amendment 100 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Commission, the European Parliament, and the Member States should be represented on the Management Board of the European Union Agency for Asylum in order to exercise a policy and political oversight over its workings. The Management Board should include a representative of the UNHCR, the European Agency for Fundamental Rights (FRA) and, where possible, consist of the operational heads of the Member States' asylum administrations or their representatives. It should be given the necessary powers, in particular to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision-making by the Agency, and appoint an Executive Director and Deputy Executive Director. The Agency should be governed and operated in line with the principles of the Common Approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the European Commission.
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The European Union Agency for Asylum (the Agency) shall ensure the efficient and uniform application of Union asylum law in Member States. It shall facilitate the implementation and improve the functioning of the Common European Asylum System (CEAS) in line with international law and standards, and it shall be responsible for enabling convergence in the assessment of applications for international protection across the Union.
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) support Member States in implementing the CEAS and fulfilling their Union and international obligations in the field of asylum;
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) assist Member States on training of expertsprovide 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 119 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) assist withprovide assistance and ensure the relocation or transfer of applicants or beneficiaries of international protection within the Union;
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(m a) cooperate with third countries to promote and assist capacity building in their own asylum and reception facilities in line with international standards and implement regional protection programmes.
Amendment 125 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Agency shall support Member States in relation to the external dimension of the CEAS. In this regard, and in agreement with the Commission, the Agency shall coordinate the exchange of information and other action taken on issues arising from the implementation of instruments and mechanisms relating to the external dimension of the CEAS. In this purpose and in agreement with the Commission, the Agency shall have the possibility to have representatives inside the EU Delegations in third countries.
Amendment 132 #
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), while benefiting from the expertise of other UN-related bodies, such as the International Organisation for Migration (IOM).
Amendment 137 #
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, IOM, and other international and non- governmental organisations.
Amendment 143 #
Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
Article 5 – paragraph 3 – point a a (new)
(a a) the processing of relocation of applicants or beneficiaries of international protection by the national administrations and authorities of the Member States of relocation;
Amendment 147 #
Proposal for a regulation
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) international human rights law and Union fundamental rights standards, and in particular the provisions of the Charter of Fundamental Rights of the European Union, as well as international and Union law on asylum, including specific legal and case law issues;
Amendment 154 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Agency shall be an independent centre for gathering relevant, reliable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific, gender-specific and sexual orientation- 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 159 #
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, in particular UNHCR, including through the networks referred to in Article 9, fact finding missions, as well as Union institutions, agencies, bodies, offices and the European External Action Service;
Amendment 167 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) develop a common format and a common methodology including terms of reference and evaluation criteria, in line with the requirements of International and Union law on asylum, for developing reports and other products with information on countries of origin at the level of the Union.
Amendment 169 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) submit queries to the Agency and assist in responding queries, related to specific questions of fact that may arise from applications for international protection, without prejudice to confidentiality rules as established in national law.
Amendment 172 #
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, taking into account relevant information and guidelines by UNHCR. __________________ 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 181 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Agency shall, at theCommission shall request of the Commission,Agency to provide it with information on specific third countries which could be considered for inclusion in the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX. The European Parliament shall be kept informed.
Amendment 185 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The Commission or the European Parliament may request the Agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that Directive are respected.
Amendment 194 #
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, relocation 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, family reunification and the needs of vulnerable persons and resettlement;
Amendment 199 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) monitor compliance by Member States with operational standards, indicators guidelines and best practices on asylum, as well as international law in close synergy with the UNCHR;
Amendment 225 #
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 227 #
Proposal for a regulation
Article 16 – paragraph 3 – point g
Article 16 – paragraph 3 – point g
(g) assist with the relocation or transfer of applicants or beneficiaries of international protection within the Union;
Amendment 230 #
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 233 #
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 Board and have been trained in the Agency's Training Curriculum. The duration of deployment shall be determined by the home Member State but it shall not be less than 360 days.
Amendment 238 #
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 274 #
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 human 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, including the EU Charter of Fundamental Rights, including when carrying out activities on the territory of those third countries.
Amendment 288 #
Proposal for a regulation
Article 35 – paragraph 6 a (new)
Article 35 – paragraph 6 a (new)
6 a. The Agency may deploy experts from its own staff to third countries where a more permanent presence of the Agency would help fulfil its tasks, in particular as regards resettlement. The management board, shall on a proposal of the executive director adopt the list of those countries on a yearly basis. The deployment of these representatives shall be approved by the management board and be subject to receiving the prior opinion of the Commission. Those experts shall coordinate closely with the Immigration Liaison Officers. The European Parliament shall be kept fully informed of those activities without delay.
Amendment 293 #
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, one representative of the European Parliament and two representatives of the Commission, which shall have the right to vote.
Amendment 296 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The Management Board shall include one representative of UNHCR, and one representative of the European Agency for Fundamental Rights (FRA) without the right to vote.
Amendment 303 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
Amendment 308 #
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Article 54 a Protection of Fundamental Rights and Complaint Mechanism 1. The Agency shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union Law, in particular the Charter of Fundamental Rights, relevant international law, including the 1951 Convention, the 1967 Protocol, the legal norms adopted in the context of the CEAS and obligations related to access to and content of international protection. 2. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency and a complaint mechanism.