65 Amendments of Sophia IN 'T VELD related to 2018/0248(COD)
Amendment 159 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Asylum, Migration and MiIntegration Fund
Amendment 161 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2) and, Article 79(2) and (4) and Article 80 thereof,
Amendment 166 #
Proposal for a regulation
Recital 1
Recital 1
(1) In the context of the evolving migratory challenges characterised by the need to support strong reception, asylum, integration and migration systems of Member States, prevent and adequately handle in solidarity situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways, investing in efficient and coordinated migration management in the Union is key to realising the Union’s objective of constituting an area of freedom, security and justice pursuant to Article 67(2) of the Treaty on the Functioning of the European Union.
Amendment 168 #
Proposal for a regulation
Recital 2
Recital 2
(2) The importance of a coordinated approach by the Union and the Member States is reflected in the European Agenda on Migration of May 2015, which stressed the need for a consistent and clear common policy to restore confidence in the Union’s ability to bring together European and national efforts to address migration and work together in an effective way, in accordance with the principles of solidarity and fair sharing of responsibility between the Member States established in Article 80 of the Treaty on the Functioning of the European Union, and was confirmed in its mid-term review of September 2017 and the progress report of March and May 2018.
Amendment 170 #
Proposal for a regulation
Recital 3
Recital 3
(3) In its conclusions of 19 October 2017, the European Council reaffirmed the need to pursue a comprehensive, pragmatic and resolute approach to migration management that aims to restore control of external borders and reduce irregular arrivals and the number of deaths at sea, and should be based on a flexible and coordinated use of all available Union and Member State instruments. The European Council further called to ensure significantly enhanced returns through actions at both EU and Member States level, such as effective readmission agreements and arrangements. The European Council called moreover for voluntary resettlement programmes to be implemented and developed.
Amendment 186 #
Proposal for a regulation
Recital 8
Recital 8
(8) The migration crisis highlighted the need to reform the Common European Asylum System in order to develop legal routes, to ensure that efficient asylum procedures to prevent secondary movements, to provide uniform and appropriate reception conditions for applicants for international protection, uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection. At the same time, the reform was needed to put in place a fairer and more effective system of determining Member States’ responsibility for applicants for international protection as well as a Union framework for Member States’ resettlement efforts. Therefore, it is appropriate for the Fund to provide increased support to Member States’ efforts to fully and properly implement the reformed Common European Asylum System.
Amendment 190 #
Proposal for a regulation
Recital 9
Recital 9
(9) The Fund should also complement and reinforce the activities undertaken by the European Union Agency for Asylum (EUAA) established by Regulation (EU)../.. [EUAA Regulation]14 with a view to facilitating and improving the functioning of the common European asylum system, by coordinating and strengthening practical cooperation and information exchange between Member States, promoting Union law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection, reception conditions and the assessment of protection needs across the Union, enabling a sustainable and fair distribution of applications for international protection among the Member States, facilitate convergence in the assessment of applications for international protection across the Union, support the resettlement efforts of the Member States and provide operational and technical assistance to Member States for the management of their asylum and reception systems, in particular those whose systems are subject to disproportionate pressure. _________________ 14 Regulation (EU) No ../.. of the European Parliament and of the Council of [EUAA Regulation] (OJ L …, [date], p. ..).
Amendment 204 #
Proposal for a regulation
Recital 14
Recital 14
(14) In this context, the authorities of the Member States responsible for the implementation of the Fund should be required to cooperate and establish coordination mechanisms with the authorities identified by Member States for the purpose of the management of the interventions of the ESF+ and of the ERDF and wherever necessary with their managing authorities and with the managing authorities of other Union funds contributing to the integration of third- country nationals. The Commission should be able to assess where these different funds connect and ascertain in particular how coherent and complementary these connections are.
Amendment 215 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The thematic facility should in particular support actions promoting the integration of third country nationals, efforts on solidarity and sharing of responsibility between Member States and resettlement efforts under Regulation xxx/xxx (Union resettlement framework). To this end, a significant portion of the thematic facility should be earmarked for these three kinds of actions.
Amendment 223 #
Proposal for a regulation
Recital 20
Recital 20
(20) An efficient return policy is an integral part of the comprehensive migration approach the Union and its Member States pursue. The Fund should support and encourage efforts by the Member States with a view to the effective implementation and further development of common standards on return, in particular as set out in Directive 2008/115/EC of the European Parliament and of the Council15 , and of an integrated and coordinated approach to return management. For sustainable return policies, the Fund should equally support related measures in third countries, such as the reintegration of returnees. _________________ 15 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 235 #
Proposal for a regulation
Recital 24
Recital 24
(24) Readmission agreements and other arrangements are an integral component of the Union return policy and a central tool for the efficient management of migration flows, as they facilitate the swift return of irregular migrants. Those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and their implementation in third countriesand should be supported in the interests of effective return policies at national and Union level.
Amendment 247 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The Fund should support in particular measures relating to the special needs of vulnerable asylum seekers and especially unaccompanied minors.
Amendment 251 #
Proposal for a regulation
Recital 29
Recital 29
(29) Synergies, consistency, complementarity and efficiency should be sought with other Union funds and any overlap or contradiction between actions should be avoided.
Amendment 254 #
Proposal for a regulation
Recital 30
Recital 30
(30) Measures in and in relation to third countries supported through the Fund should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy in respect of the country or region in question and the Union international commitments. In relation to the external dimension, the Fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union's migration policy.
Amendment 258 #
Proposal for a regulation
Recital 31
Recital 31
(31) Funding from the Union budget should concentrate on activities where Union intervention can bring added value compared to action undertaken by Member States alone. Financial support provided under this Regulation should contribute, in particular, to Member State solidarity on asylum and strengthening national and Union capabilities in the areas of asylum and migration.
Amendment 268 #
Proposal for a regulation
Recital 36
Recital 36
(36) To contribute to the achievement of the policy objective of the Fund, Member States should ensure that their programmes include actions addresscontribute to achieving the specific objectives of this Regulation, and that the priorities chosen are in line with the implementation measures as set out in Annex II and that the allocation of resources between the objectives ensures that the overall policy objective can be met. Member States should ensure that how resources for the various objectives of the fund are shared is in proportion to the challenges and needs in order to ensure that the objectives can be achieved. To this end, each objective should be assigned a minimum level of resources.
Amendment 276 #
Proposal for a regulation
Recital 42
Recital 42
(42) In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressure in one or more Member States characterised by a large or disproportionate inflow of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum and migration management systems and procedures, heavy migratory pressures or significant resettlement needs in third countries due to political developments or conflicts, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation.
Amendment 282 #
Proposal for a regulation
Recital 48
Recital 48
(48) Regulation (EU) …/2021 [Common Provisions Regulation] establishes the framework for action for ERDF, ESF+, the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum, Migration and MiIntegration Fund (AMIF), the Internal Security Fund (ISF) and the Border Management and Visa Instrument (BMVI) as a part of the Integrated Border Management Fund (IBMF), and lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for Union funds implemented under shared management. It is therefore necessary to specify the objectives of the AMIF, and to lay down specific provisions concerning the type of activities that may be financed by the AMIF.
Amendment 283 #
Proposal for a regulation
Recital 50
Recital 50
(50) In accordance with the Financial Regulation21, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council22, Council Regulation (Euratom, EC) No 2988/9523, Council Regulation (Euratom, EC) No 2185/9624 and Council Regulation (EU) 2017/193925, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and/or criminal sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other criminal offences affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council26. In accordance with the Financial Regulation, any person or entity receiving Union funds is to cooperate fully in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. Member States are to cooperate fully and give all the necessary assistance to the Union’s institutions, agencies and bodies in order to protect the Union’s financial interests. _________________ 21 OJ C , , p. . 22 OJ C , , p. . 23 Council Regulation (Euratom, EC) No 2988/95 of 18 December 1995 on the protection of the European Communities’' financial interests (OJ L 312, 23.12.95, p. 1). 24 OJ C , , p. . 25 Council Regulation (EU) 2017/1371 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 26 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’'s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 285 #
Proposal for a regulation
Recital 51 a (new)
Recital 51 a (new)
(51a) Pursuant to Regulation xxx/xxx (Regulation on protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States), the Union should take action to protect its budget from the moment a generalised deficiency in the rule of law in a Member State is detected. Regulation xxx/xxx applies to the Fund.
Amendment 292 #
Proposal for a regulation
Recital 58
Recital 58
(58) Since the objectives of this Regulation, namely to boost solidarity between Member States and contribute to an effective management of migration flows in the Union, in accordance with the common policy on asylum and international protection and the common immigration policy, cannot be sufficiently achieved by the Member States acting alone and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 294 #
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
1. This Regulation establishes the Asylum, Migration and MiIntegration Fund (‘the Fund’).
Amendment 302 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The policy objective of the Fund shall be to contribute to solidarity and the equitable sharing of responsibilities between Member States and to an efficient management of migration flows in line with the relevant Union acquis and in compliance with the Charter of Fundamental Rights and the Union’'s commitments on fundamental rights.
Amendment 306 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) to strengthen and develop all aspects of the Common European Asylum System, including its external dimension;
Amendment 310 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) tTo support legal migration to the Member States including to contribute to the integration of third-country nationals;
Amendment 314 #
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(b a) To contribute to the integration of third-country nationals;
Amendment 321 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries.
Amendment 324 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall ensure that the resources for the various objectives of the fund are shared in a manner proportionate to the challenges and needs in order to ensure that the objectives can be achieved.
Amendment 326 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Actions funded shall be implemented in full respect for the values set out in Article 2 TEU, fundamental rights and human dignity. In particular, actions shall comply with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In particular, wherever possible, special attention shall be given by Member States when implementing actions to the assistance and protection of vulnerable persons, in particular children and unaccompanied minors.
Amendment 331 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. To achieve the objectives of this Regulation, the Fund may support the actions in line with the Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5 and 6.
Amendment 359 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union instruments, in particular action taken under other Union funds.
Amendment 372 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point e
Article 9 – paragraph 1 – subparagraph 1 – point e
(e) support to Member States and local and regional authorities contributing to solidarity and responsibility efforts; and
Amendment 383 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The thematic facility shall in particular, support actions falling under the implementation measure 2(b) of Annex II that are implemented by the local and regional authorities or civil society organisations, actions under implementing measure 1(c) of Annex II encouraging solidarity and responsibility-sharing efforts between Member States, as well as actions under implementing measure 1(d) of Annex II encouraging resettlement efforts under Regulation xxx/xxx (Union Resettlement Framework). A minimum of 30% of the thematic facility shall be allocated to these three types of actions combined.
Amendment 417 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Whenever a Member State decides to implement projects with or in a third country with the support of the Fund, the Member State concerned shall consult the Commission prior to the start of the project.
Amendment 426 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Specific actions are transnational or national projects delivering added value for the EU and in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes.
Amendment 434 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. A Member State referred to in paragraphs 1 and 2 shall receive an additional contribution of EUR [10 000] per applicant who has been granted international protection for the implementation of integration measures or EUR [15 000] if the applicant is an unaccompanied minor.
Amendment 446 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Visibility, transparency and communication The recipients of Union financing shall comply fully with the visibility, transparency and communication requirements set out in regulation xxx/xxx (Common Provisions Regulation).
Amendment 455 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public, in the language concerned. To this end, recipients shall ensure that all communications to the media and the public mention explicitly the Union’s financial support and display the Union emblem prominently.
Amendment 458 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Commission shall, for the benefit of the public, implement information and communication actions relating, in particular, to the Fund and its actions and results. Financial resources allocated to the Fund shall also contribute to the corporate communication on the political priorities of the Union, as far as they are related to the objectives of this Regulation.
Amendment 470 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under the Fund, their European added value and the contribution to European solidarity in the field of asylum, as well as the coherence between the actions undertaken under this Fund and the other Funds.
Amendment 474 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process. These evaluations shall be submitted to the European Parliament forthwith.
Amendment 478 #
Proposal for a regulation
Article 30 – paragraph 2 – point c
Article 30 – paragraph 2 – point c
(c) the complementarity and coherence between the actions supported by the Fund and support provided by other Union funds, in particular those in or in relation to third countries;
Amendment 480 #
Proposal for a regulation
Article 30 – paragraph 2 – point c
Article 30 – paragraph 2 – point c
(c) the complementarity between the actions supported by the Fund and support provided by other Union funds, in particular those in or in relation to third countries;
Amendment 481 #
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
(d) contribution of the programme to the implementation of the relevant Union acquis and action plans and to cooperation and solidarity between Member States in the field of asylum;
Amendment 482 #
Proposal for a regulation
Article 30 – paragraph 2 – point d a (new)
Article 30 – paragraph 2 – point d a (new)
(da) fulfilment of the fundamental rights requirements;
Amendment 485 #
Proposal for a regulation
Article 30 – paragraph 2 – point h a (new)
Article 30 – paragraph 2 – point h a (new)
(ha) the number of vulnerable persons granted international protection;
Amendment 581 #
Proposal for a regulation
Annex III – point 1 – point e
Annex III – point 1 – point e
(e) assistance and support services consistent with the status and the needs of the person concerned, in particular the vulnerable grouppersons;
Amendment 590 #
Proposal for a regulation
Annex III – point 2 – point c
Annex III – point 2 – point c
(c) identifying applicants with special procedural or reception needs, particularly vulnerable persons;
Amendment 591 #
Proposal for a regulation
Annex III – point 2 – point c a (new)
Annex III – point 2 – point c a (new)
(ca) care and support for unaccompanied minors as soon as they are identified;
Amendment 596 #
Proposal for a regulation
Annex III – point 2 – point e
Annex III – point 2 – point e
(e) enhancing the capacity of Member States to collect, analyse and disseminateshare among themselves country of origin information;
Amendment 602 #
Proposal for a regulation
Annex III – point 2 – point h
Annex III – point 2 – point h
(h) enhancing capacities of third countriMember States to improve the protection of persons in need of protection;
Amendment 622 #
Proposal for a regulation
Annex III – point 3 – point g
Annex III – point 3 – point g
Amendment 627 #
Proposal for a regulation
Annex III – point 3 – point h
Annex III – point 3 – point h
Amendment 630 #
Proposal for a regulation
Annex III – point 3 – point i
Annex III – point 3 – point i
Amendment 632 #
Proposal for a regulation
Annex III – point 3 – point j
Annex III – point 3 – point j
Amendment 634 #
Proposal for a regulation
Annex III – point 3 – point k
Annex III – point 3 – point k
Amendment 637 #
Proposal for a regulation
Annex III – point 3 a (new)
Annex III – point 3 a (new)
3a. Under the specific objective referred to in Article 3(2)(ba), the Fund shall in particular support the following actions: (a) early integration measures such as tailored support in accordance with the needs of third-country nationals and integration programmes focusing on education, language and other training such as civic orientation courses and professional guidance; (b) actions promoting equality in the access and provision of public and private services to third-country nationals, including adapting them to the needs of the target group; (c) cooperation between governmental and non-governmental bodies in an integrated manner, including through coordinated integration-support centres, such as one-stop shops; (d) actions enabling and supporting third- country nationals’ introduction to and active participation in the receiving society and actions promoting their acceptance by the receiving society, particularly by involving diasporas; (e) promoting exchanges and dialogue between third-country nationals, diasporas, the receiving society and public authorities, including through the consultation of third-country nationals, and intercultural and inter-religious dialogue.
Amendment 656 #
Proposal for a regulation
Annex III – point 4 – point j
Annex III – point 4 – point j
(j) facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival, including for unaccompanied minors and other vulnerable groups in line with international standards;
Amendment 662 #
Proposal for a regulation
Annex III – point 4 – point m
Annex III – point 4 – point m
(m) support for and actions in third countries, including on infrastructure, equipment and other measures, provided these contribute to enhancing effective cooperation between third countries and the Union and its Member States on return and readmission.
Amendment 666 #
Proposal for a regulation
Annex IV – indent 2
Annex IV – indent 2
– Actions to develop and implement effective alternatives to detention, particularly for minors;
Amendment 670 #
Proposal for a regulation
Annex IV – indent 4 a (new)
Annex IV – indent 4 a (new)
- Additional commitments regarding resettlement under Regulation xxx/xxx (Union resettlement framework).
Amendment 671 #
Proposal for a regulation
Annex V – part 1 – title
Annex V – part 1 – title
Specific objective 1: To strengthen and develop all aspects of the Common European Asylum System, including its external dimension:
Amendment 672 #
Proposal for a regulation
Annex V – part 1 – point 1
Annex V – part 1 – point 1
1. Number of persons resettled under Regulation xxx/xxx (Union Resettlement Framework) with the support of the Fund.
Amendment 683 #
Proposal for a regulation
Annex VI – part 3 – point 4
Annex VI – part 3 – point 4
Amendment 689 #
Proposal for a regulation
Annex VIII – part 1 – point 6
Annex VIII – part 1 – point 6
6. Number of persons resettled under Regulation xxx/xxx (Union Resettlement Framework) with the support of the Fund.