21 Amendments of Ana GOMES related to 2016/0131(COD)
Amendment 393 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Agency shall, at the request of the Commission, provide it with inform provide the Commission with information and independent analysis on the situation onf 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 may request that the Agency have access to this information and analysis.
Amendment 404 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. In developing these guidelines, the Agency shall consult with European Judicial Training Network and relevant associations to ensure full respect for the independence of the judiciary. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.
Amendment 425 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) verify 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 and judicial administration, to handle and manage asylum cases efficiently and correctly.
Amendment 427 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. For the purposes of paragraph 1, the Agency shall have access to aggregated data from Eurodac and other relevant databases.
Amendment 429 #
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, on-site visits and case sampling, as well as consultations with other relevant partners, namely international organisations, such us UNHCR and Council of Europe, and non-governmental organisations.
Amendment 460 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 469 #
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 to the European Parliament.
Amendment 475 #
4. The Executive Director, after consultation with the Commission, shall submirequest 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 Board 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 482 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency shall inform the Commission and the European Parliament on a regular basis of the implementation of the action plan.
Amendment 519 #
Proposal for a regulation
Article 17 – paragraph 8 a (new)
Article 17 – paragraph 8 a (new)
8 a. The Agency shall inform the European Parliament on an annual basis of the number of experts deployed to the asylum support teams in accordance with this Article. This report shall list the Member States that have invoked the exceptional situation referred to in paragraph 6 in the previous year. It shall also include the reasons and information provided by the Member State concerned.
Amendment 527 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. Executive Director may verify whether the experts proposed by Member States correspond to the defined profiles and qualifications and shall decide on the experts to be chosen from the asylum intervention pool. The Executive Director may request the Member State to remove an expert from the asylum intervention pool where those requirements are not met or in case of misconduct or infringement of the applicable deployment rules.
Amendment 530 #
Proposal for a regulation
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3 b. The Agency shall inform the European Parliament on an annual basis of the number of experts that each Member State has committed and the number experts actually deployed from the pool to the different teams in accordance with this Article.
Amendment 549 #
Proposal for a regulation
Article 21 – paragraph -1 (new)
Article 21 – paragraph -1 (new)
-1. Where a Member State faces disproportionate migratory challenges at particular hotspot areas of its external borders characterised by large inward mixed migratory flows, that Member State may request technical and operational reinforcement by migration management support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the Agency and other relevant Union agencies, in particular European Border and Coast Guard and Europol as set out in Article 18 (1) of Regulation 2016/1624. The Executive Director, in coordination with other relevant Union agencies, shall assess a Member State's request for reinforcement and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union agencies to be agreed upon by the Member State concerned.
Amendment 550 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where a Member State requests operational and technical reinforcement by migration management support teams as referred to in Article 17 of Regulation No XXX/XXX or wThe Commission shall, in cooperation with the host Member State and the re migration management support teams are deployed atlevant agencies, establish the terms of cooperation at the hotspot areas as referred to in Article 18 of Regulation No XXX/XXX, the Executive Director shall ensurnd be responsible for the coordination of the Agency's activities inof the migration management support teams with the Commission and with other relevant Union agencies, in particular, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States.
Amendment 551 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. The Executive Director shall, as appropriate, launch the procedure for deployment of asylum support teams or experts from the asylum intervention pool in accordance with Articles 17 and 18as part of migration management support teams in accordance with Articles 17, 18, 20 and 22, including where the procedure set out in paragraph - 1 (new) of the present article or Article 19(3)(b) of the Regulation 1624/2016 applies. The operational and technical reinforcement provided by the asylum support teams or experts from the asylum intervention pool in the framework of the migration management support teams may include:
Amendment 560 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1 a. The Agency shall adopt and publish a set of specific recommendations to the other Member States on how to contribute to alleviate the pressure in the Member State concerned and assist in the better relocation of beneficiaries of international protection among Member States, while ensuring that asylum and reception systems are not abused.
Amendment 571 #
7. The Member States shall make available the experts from the asylum intervention pool as determined by the Executive Director and address the recommendations of the Agency diligently.
Amendment 604 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, in particular with a view to promoting Union standards on asylum and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions. The Agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. The Agency shall seek the prior approval of the Commission for such working arrangements and it shall inform the European Parliament. The Agency shall inform the European Parliament before a working arrangement is concluded.
Amendment 617 #
Proposal for a regulation
Article 35 – paragraph 6 a (new)
Article 35 – paragraph 6 a (new)
6 a. The Agency shall inform the European Parliament of activities conducted pursuant to this Article. It shall include an assessment of the cooperation with third countries in its annual reports
Amendment 629 #
Proposal for a regulation
Article 40 – paragraph 1 – point c a (new)
Article 40 – paragraph 1 – point c a (new)
(c a) before 30 November each year, and after taking into account the opinion of the Commission, adopt, by a two- thirds majority of the members with a right to vote, a single programming document containing the Agency's multiannual programming and its work programme for the following year and forward it to the European Parliament, to the Council and to the Commission;
Amendment 676 #
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59 a Prevention of conflicts of interest The Agency shall adopt internal rules requiring the members of its bodies and its staff members to avoid any situation liable to give rise to a conflict of interest during their employment or term of office and to report such situations.