88 Amendments of Louis MICHEL related to 2016/0225(COD)
Amendment 119 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The cohesiveness and effectiveness of the common European asylum system should be guaranteed. This will entail, in particular, enhancing the legal and safe avenues for entry into the Union for third- country nationals or stateless persons who are in need of international protection. Resettlement is a legal avenue which must offer the most vulnerable third-country nationals or stateless persons a lasting solution, in particular in cases where no other solution can be envisaged.
Amendment 136 #
Proposal for a regulation
Recital 8
Recital 8
(8) Building on the existing initiatives, a stable and reliable Union Resettlement Framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with annual Union resettlement plans and targeted Union resettlement schemes which effectively deliver on Member States' concrete commitments.
Amendment 138 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
Amendment 140 #
Proposal for a regulation
Recital 9
Recital 9
(9) Such a framework, provided that it serves to enhance legal avenues for migration, is a necessary part of a well- managed migration policy to reduce divergences amongand contributes to the smooth functioning of the common European asylum system to harmonise national resettlement practices and procedures, provide for the legal and safe arrival to the territory of the Member States of third- country nationals and stateless persons in need of international protection, help reduce the risk of a large-scale irregular inflow of third-country nationals and stateless persons to the territory of the Member States and thereby reducing the pressure of spontaneous arrivals on the Member States' asylum systems, be an expression of solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, help achieve Union's foreign policy objectives by increasing the Union's leverage vis-à-vis third countries, and effectively contribute to global resettlement initiatives through speaking with one voice in international fora and with third countries. By speaking with one voice in this way and by taking responsibility for meeting a fair share of global resettlement needs, the Union should set an example and endeavour to secure undertakings from third countries to show solidarity in their turn and contribute to global resettlement efforts.
Amendment 150 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to help reduce the risk of a large-scale irregular inflow of third- country nationals and stateless persons to the territory of the Member States, show solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, and help achieve the Union's foreign policy objectives, the regions or third countries from which resettlement is to occur should fit in a tailored engagement with third countries to better manage migration as foreseen in the Commission's Communication of 7 June 2016 on Establishing a new Partnership Framework with third countries under the European Agenda on Migration32. _________________ 32, in order, in particular, to give priority to the strategic use of resettlement. COM(2016) 377 final.
Amendment 154 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In the context of the strategic use of resettlement, the Union should endeavour to establish from the outset close dialogue with the third countries from which persons are resettled, in particular those facing lasting crises characterised by the presence on their territory of long-term refugees. A dialogue of this kind should seek to maximise the benefits of resettlement from these countries by placing the emphasis on increasing their asylum capacities, integrating the refugees present on their territory and protecting those refugees against persecution and refoulement to their countries of origin.
Amendment 156 #
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) The Union should take account of global resettlement needs when determining the number of resettlement places it makes available under this Regulation. With that aim in view, a target number should be set which represents the number of persons which the Union should be able to accommodate, taking account of global needs and the Member States’ reception capacities. In accordance with the principles of solidarity and fair sharing of responsibility among the Member States as laid down in Article 80 of the Treaty on the Functioning of the European Union, efforts should be made over time to achieve a fair distribution of resettled persons among the Member States.
Amendment 162 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to reduce divergences among thharmonise national resettlement practices and procedures, common standard procedures and common eligibility criteria and exclusionineligibility grounds for the selection should be laid down, as well as a common protection status to be granted to resettled persons.
Amendment 175 #
Proposal for a regulation
Recital 15
Recital 15
(15) An expedited procedure should be established with the same level of security checks as in the ordinary procedure. However, in the expedited procedure, the assessment of the international protection needs of third-country nationals or stateless persons shcould be limited to an assessment of their eligibility for subsidiary protection without assessing their qualification for refugee status. As resettlement is intended to be a long-term solution for the persons concerned, Member States should nevertheless give priority to granting refugee status, irrespective of the procedure employed.
Amendment 183 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States should register the personal details of resettled persons in Eurodac. This will ensure that the persons concerned enjoy the same level of protection and the same rights as those afforded to asylum seekers and beneficiaries of international protection in respect of the processing of their data. In the context of secondary movements, it will also make it possible to identify the Member State responsible for resettlement.
Amendment 184 #
Proposal for a regulation
Recital 17
Recital 17
(17) Any personal data collected for the purpose of the resettlement procedure should be stored in Eurodac for a maximum period of five10 years from the date of resettlement. Given that third-country nationals or stateless persons who have already been resettled by one Member State or who during the last five years refused to resettle to a Member State should be excluded from resettlement to another Member State, that period should be considered a necessary period for the storage of personal details, including fingerprints and facial images, in accordance with Regulation xxx/xxx (Eurodac recast).
Amendment 190 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to facilitate coordination between Member States and the smooth functioning of the Union Resettlement Framework, Member States should exchange among themselves and with the European Union Agency for Asylum and the UNHCR information about unsuccessful resettlement procedures.
Amendment 195 #
Proposal for a regulation
Recital 19
Recital 19
(19) There is no subjective right to be resettled. A person accepted for resettlement may not choose the State in which he or she is to be resettled.
Amendment 206 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, implementing powers should be conferred on the Council for establishing the annual Union resettlement plan, fixing the maximum totaltarget number of persons to be resettled, the details about the participation of the Member States in the plan and their contributions to the totalarget number of persons to be resettled, as well as overall geographical priorities.
Amendment 211 #
Proposal for a regulation
Recital 22
Recital 22
(22) These powers should be exercised on a proposal from the Commission on the maximum totaltarget number of persons to be resettled and overall geographical priorities. The Commission should make its proposal simultaneously with its proposal on the draft Union annual budget. The Council should aim to adopt the proposal within two months. The Commission and the Council should take into account the discussions withinrecommendations made by the High-Level Resettlement Committee.
Amendment 215 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, the Commission should be empowered to establish targeted Union resettlement schemes laying down the precise number out of the totalarget number of persons to be resettled and participation of the Member State, consistent with the annual Union Resettlement plan. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers34. The examination procedure should be used for establishing targeted Union resettlement schemes given that those schemes have substantial implications. The Commission should aim to establish targeted Union resettlement schemes as soon as possible after the adoption of the annual Union resettlement plan and whenever necessary during the period covered by the annual Union resettlement plan. The Commission should take into account the discussions withinrecommendations made by the High- Level Resettlement Committee. _________________ 34 OJ L 55, 28.2.2011, p. 13.
Amendment 219 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Irrespective of the geographical priorities laid down in advance, and in order to ensure that the Union Resettlement Framework has the flexibility needed to cope with unforeseen developments, as part of the resettlement plan a reserve pool of places should be created which is equivalent to no more than 10% of the target number. This reserve pool would consist of a quota of emergency resettlement places which would be granted using the expedited procedure set out in Article 11.
Amendment 230 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should be given support to help them honour their commitments and thus ensure the smooth functioning of the Union Resettlement Framework. [The European Union Agency for Asylum] should assistprovide the Member States in the implementation of Union Resettlement Frameworkwith that support, at their request and in accordance with its mandate.
Amendment 233 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The European Union Agency for Asylum should also coordinate exchanges of good practice among Member States, in particular as regards the implementation of this Regulation.
Amendment 234 #
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28b) Given that this Regulation seeks to introduce common geographical priorities and resettlement procedures, Member States should be encouraged to cooperate among themselves and, if they see fit, implement some stages in the procedure jointly. This cooperation may, for example, take the form of the pooling of infrastructure and the deployment of joint selection missions. The European Union Agency for Asylum should be able to provide support to Member States planning to engage in cooperation of this kind.
Amendment 235 #
Proposal for a regulation
Recital 29
Recital 29
(29) A High-Level Resettlement Committee should be established to allow for broad and systematic consultations with all stakeholders oparties involved in the implementation of the Union Resettlement Framework. The High-Level Committee should draw up recommendations to serve as the basis for drafting the Union plan and the targeted plans.
Amendment 236 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The integration of resettled persons in their host society is a prerequisite for the success of any resettlement and, hence, the effectiveness of the Union Resettlement Framework. Member States should therefore arrange pre-departure training courses, if possible lasting at least three days, for the persons concerned with the aim of informing them about their rights and obligations and about the social, cultural and political situation in the Member State in which they are to be resettled and in the European Union. Member States should also devise post-arrival orientation programmes tailored to the needs of resettled persons in order to provide them with guidance concerning, in particular, the learning of the language of the host Member State, education, training and the labour market, taking account of their specific vulnerabilities. As far as possible, the bodies and persons concerned, such as local authorities and persons who have already been resettled, should be involved in implementing programmes of this kind.
Amendment 244 #
Proposal for a regulation
Recital 31
Recital 31
(31) This Regulation does not affect the ability of the Member States to adopt or implement national resettlement schemes, which do not jeopardise the attainment of the Union’s objectives under this Regulation, for example where they contribute an additional number of resettlement places to targeted Union resettlement schemes established under this Regulation going beyond their contribution to the maximum number of persons to be resettled under the annual Union resettlement plan.
Amendment 245 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) If Member States offer resettlement places under national resettlement programmes, they should continue to receive funding from the Union budget.
Amendment 246 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Persons displaced within their own countries should be granted leave to enter European territory under humanitarian admission programmes. Due account should therefore be taken of humanitarian admission as an adjunct to resettlement. Measures taken by Member States under national humanitarian admission programmes should therefore be eligible for funding from the Union budget. When this Regulation is revised, consideration should be given to the scope for introducing a common European procedure for the admission of persons displaced within their own countries which is separate from resettlement.
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
For the purposes of this Regulation 'resettlement' means the admission, at the request of the Office of the United Nations High Commissioner for Refugees (UNHCR), of third- country nationals andor stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of one of the Member States with a view to granting them international protection.';
Amendment 264 #
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) provide for the legal and safe arrival of third-country nationals and stateless persons who are among the most vulnerable persons in need of international protection to the territory of the Member States;
Amendment 267 #
Proposal for a regulation
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(aa) help to reduce the pressure on the countries in which people first seek refugee status by giving priority to the strategic use of resettlement
Amendment 275 #
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) contribute to international resettlement initiativencourage all the Member States to take part in resettlement efforts and thus contribute to international resettlement initiatives by increasing the number of resettlement places made available by the Union Member States.
Amendment 281 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) global resettlement needs as defined by the UNHCR, in particular as regards: - the number of persons in need of international protection displaced to or within a third country and any onward movement of those persons to the territory of the Member States; - the situation of these persons and their degree of vulnerability, cases of persons who are long-term refugees and the scope for strategic use of resettlement;
Amendment 290 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) complementarity with financial and technical assistance provided to third countries to which or within which persons in need of international protection have been displaced;
Amendment 299 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 318 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Once the regions or third countries referred to in point 1 have been determined, the Union shall initiate a dialogue with them in order to maximise the benefits stemming from the resettlement commitments it has made, in particular as regards an increase in reception and protection capacities for persons in need of international protection who are resident in these countries, primarily through the introduction of an effective asylum system, the integration of refugees and non-refoulement.
Amendment 320 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – introductory part
Article 5 – paragraph 1 – point a – introductory part
(i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, are outside the country of nationality or the part of that country in which they formerly habitually resided, and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, for the same reasons as mentioned above, are unable or, owing to such fear, unwilling to return to or stay in it, or, failing that,
Amendment 324 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – point ii
(ii) third-country nationals, who are outside the country of nationality or the part of that country in which they formerly habitually resided, or stateless persons, who are outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, and in respect of whom substantial grounds have been shown for believing that they, if returned to or staying in their country of origin or former habitual residence, would face a real risk of suffering serious harm, and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country;
Amendment 332 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – introductory part
Article 5 – paragraph 1 – point b – introductory part
(b) third-country nationals and stateless persons who meet the conditions stated in point (a) and fall within at least one of the following categories:
Amendment 339 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 4
Article 5 – paragraph 1 – point b – point i – indent 4
– persons with legal and/or physical protection needs, including those facing a threat of refoulement;
Amendment 340 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6
Article 5 – paragraph 1 – point b – point i – indent 6
Amendment 348 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6 a (new)
Article 5 – paragraph 1 – point b – point i – indent 6 a (new)
– persons for whom no other lasting solution can be considered
Amendment 350 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii
Article 5 – paragraph 1 – point b – point ii
Amendment 369 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 372 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Grounds for exclusionineligibility
Amendment 374 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The following third-country nationals or stateless persons shall be excluded fromineligible for targeted Union resettlement schemes established in accordance with Article 8:
Amendment 391 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 406 #
Proposal for a regulation
Article 6 – paragraph 1 – point f – paragraph 1
Article 6 – paragraph 1 – point f – paragraph 1
persons whom Member States have during the last five years prior to resettlement refused to resettle in accordance with point (a) of this paragraph.
Amendment 413 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Third-country nationals or stateless persons may be excluded fromregarded as ineligible for targeted Union resettlement schemes established in accordance with Article 8, (a) where one of the grounds for exclusion referred to in points (a) or (b) of paragraph 1 applies prima facie. (b) where they have refused a resettlement.
Amendment 416 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Where a resettlement procedure is unsuccessful, the Member State shall without delay communicate the reasons for it to the other Member States, the European Union Agency for Asylum and the UNHCR.
Amendment 417 #
Proposal for a regulation
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. If a Member State intends to resettle a third-country national or stateless person who has previously been rejected by another Member State in accordance with point 1(c) or 2(a), it must inform that Member State accordingly and secure its consent before resettling the person if the resettlement is to take place within five years after the rejection by the first Member State.
Amendment 419 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Amendment 423 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. On the basis of a proposal from the Commission, the Council shall adopt an annual Union resettlement plan every two years, in the year preceding that in which it is to be implemented.
Amendment 430 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the maximum totaltarget number of persons to be resettled;
Amendment 434 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) details about the participation of the Member States in the annual Union resettlement plan and their contributions to the totalarget number of persons to be resettled;
Amendment 436 #
Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(ca) a reserve of places derived from the target number referred to in point (a), corresponding, at the maximum, to 10% of that number and consisting of an emergency quota of resettlement places assigned using the expedited procedure referred to in Article 11 and allocated irrespective of the general geographical priorities referred to in point (c).
Amendment 437 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The Union resettlement plan shall take full account of the recommendations of the High-Level Resettlement Committee.
Amendment 441 #
1. The Commission shall adopt implementing acts establishing targeted Union resettlement schemes consistent with the annual Union resettlement plan adopted pursuant to Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 445 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the precise number of persons to be resettled from the maximum totaltarget number as set out in the annual Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme;
Amendment 446 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the specification of the regions or third countries from which resettlement is to occur as referred to in Article 4 and, where appropriate, the priorities and measures anticipated by the Union in relation to those regions or third countries in the context of strategic use of resettlement;
Amendment 455 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. A targeted resettlement scheme adopted in accordance with point 1 may be designed to use the reserve of emergency places provided for in the Union resettlement plan.
Amendment 456 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The resettlement procedures laid down in Articles 10 and 11 shall apply to third- country nationals or stateless persons who have given their consent to be resettled and have not subsequently withdrawn their consent, including refusing resettlement to a particular Member State. . Third-country nationals or stateless persons shall be duly informed by the Member State of the rights and obligations arising from resettlement and the possible consequences of any refusal to be resettled.
Amendment 465 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. After having identified the third- country nationals or stateless persons, Member States shall inform them of their rights and obligations, particularly the right to refuse resettlement and the possible implications of such a refusal, the rights and obligations arising from refugee status or subsidiary protection, particularly as regards secondary movements and the requirement to register personal particulars in Eurodac. This information must be supplied in writing and, if necessary, verbally and in a manner appropriate to their age and/or particular vulnerability.
Amendment 478 #
4. Member States shall take a decision on the resettlement of third-country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than eight months from their registration. Member States may extend that time-limit of eight months by a period of not more than four months, where complex issues of fact or law are involved. If, after the time limits referred to in this paragraph have elapsed, the Member State has not communicated any decision and has also not supplied any justification, a resettlement procedure may be initiated by another Member State in relation to the third-country national or stateless person concerned.
Amendment 484 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
Member States shall store the data referrerecord and store in paragraphs 2 to 4the Eurodac system for five10 years from the date of resettlement the personal particulars of persons resettled in accordance with Regulation xxx/xxx (Recast Eurodac).
Amendment 488 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a negative decision is taken, no resettlement of the person concerned shall occur. the procedure is not successfully completed, no resettlement of the person concerned shall occur. This failure of the procedure may be due to a negative decision by the Member State or a refusal on the part of the third-country national or stateless person to be resettled. Member States shall without delay communicate the reasons for the failure of procedures to the other Member States, the European Union Agency for Asylum and the UNHCR.
Amendment 493 #
Proposal for a regulation
Article 10 – paragraph 7 – point a a (new)
Article 10 – paragraph 7 – point a a (new)
(aa) where possible, perform a medical examination on the third-country national or stateless person;
Amendment 494 #
Proposal for a regulation
Article 10 – paragraph 7 – point b
Article 10 – paragraph 7 – point b
(b) offer to make travel arrangements, including fit-to-travel medical checks, and provide transfer to their territory free of charge, and that offer shall include, where necessary, the facilitation of exit procedures in the third country from where the third-country national or the stateless person is admitted. When organising the travel, Member States shall take account of any needs that the persons concerned have in view of their vulnerability;
Amendment 495 #
Proposal for a regulation
Article 10 – paragraph 7 – point c
Article 10 – paragraph 7 – point c
(c) offer a pre-departure orientation programme to third-country nationals or stateless personrequire third-country nationals or stateless persons to attend a pre-departure orientation programme, if possible lasting for a minimum of three days, which mayshall include information about their rights and obligations, language classes, and information about the Member State's social, cultural and political set-up, as well as the European Union. Member States shall also offer a post-arrival integration programme, wherever possible designed for people who have been resettled and taking account of their particular vulnerabilities.
Amendment 497 #
Proposal for a regulation
Article 10 – paragraph 7 – point c a (new)
Article 10 – paragraph 7 – point c a (new)
(ca) arrange resettlement as soon as possible;
Amendment 498 #
Proposal for a regulation
Article 10 – paragraph 8 – introductory part
Article 10 – paragraph 8 – introductory part
8. For the purpose of implementing the ordinary procedure, prior to identifying third-country nationals or stateless persons, Member States mayshall request UNHCR, or where applicable, [the European Union Agency for Asylum] or relevant international bodies to refer to them third- country nationals or stateless persons in relation to whom those entities have fully assessed:
Amendment 508 #
Proposal for a regulation
Article 11 – paragraph 1 – point 1
Article 11 – paragraph 1 – point 1
(1) shallmay opt not to assess whether the third- country nationals or the stateless persons meet the requirements referred to in point (a)(i) of Article 5;
Amendment 510 #
Proposal for a regulation
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
(2) shall have the option of not requireing UNHCR to assess whether the third-country nationals or the stateless persons qualify as refugees within the meaning of Article 1 of the 1951 Geneva Convention;
Amendment 511 #
Proposal for a regulation
Article 11 – paragraph 1 – point 2 a (new)
Article 11 – paragraph 1 – point 2 a (new)
(2a) may opt not to require the persons concerned to attend the pre-departure orientation programme referred to in Article 10(7)(c);
Amendment 515 #
Proposal for a regulation
Article 11 – paragraph 1 – point 3
Article 11 – paragraph 1 – point 3
(3) shall take a decision on resettlement as soon as possible and not later than four monthtwo weeks from a third-country national's registration referred to in Article 10(2); the Member States may extend that time-limit of four months by a period of not more than two monthweeks, where complex issues of fact or law are involved.
Amendment 516 #
Proposal for a regulation
Article 11 – paragraph 1 – point 4
Article 11 – paragraph 1 – point 4
Amendment 519 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 524 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A High-Level Resettlement Committee shall be established, composed of representatives of the European Parliament, the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, and the Member States. [T[the European Union Agency for Asylum,] and the Member States. The UNHCR, and IOM shall be invited. Representatives of other interested parties may be invited. Representatives of Iceland, Liechtenstein, Norway, and Switzerland shall be invited to attend the meetings of the High-Level Resettlement Committee where they have indicated their intention to be associated with the implementation of the annual Union resettlement plan.
Amendment 528 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The High-Level Resettlement Committee shall be chaired by the Commission. It shall meet whenever necessary at the invitation of the Commission or at a request of a Member State or the European Parliament and shall meet at least once a year.
Amendment 530 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The main task of the High-Level Resettlement Committee shall be to issue recommendations for the adoption of the Union plan and the targeted plans. It shall in particular make recommendations on the target number of persons to be resettled, the equitable distribution of those persons among the Member States, the third countries from which resettlements should be undertaken, and the opportunities for strategic use of resettlement.
Amendment 531 #
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. The recommendations of the High-Level Resettlement Committee shall be published and shall take full account of the annual tripartite consultations on resettlement (CTAR).
Amendment 532 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall consultand the Council shall take full account of the recommendations of the High-Level Resettlement Committee on issues related to the implementation of the Union Resettlement Framework, particularly in drafting the Union plan and the targeted plans.
Amendment 535 #
Proposal for a regulation
Article 17 – paragraph 1 – point 1 a (new) Regulation (EU) No 516/2014
Article 17 – paragraph 1 – point 1 a (new) Regulation (EU) No 516/2014
(1a) Recital 46 shall be amended as follows: ‘It is important for enhanced solidarity that the Fund provides, in coordination and in synergy with the humanitarian assistance managed by the Commission where appropriate, additional support to address emergency situations of heavy migratory pressure in Member States or third countries, or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC1, through emergency assistance. Emergency assistance should also include support to ad hoc humanitarian admission programmes aimed at allowing temporary stay on the territory of a Member State in the event of an urgent humanitarian crisis in third countries. However, such other humanitarian admission programmes are without prejudice to, and should not undermine, the Union's resettlement programscheme that explicitly aims as from the start to provide a durable solution to persons in need of international protection transferred to the Union from third countries. To that end, Member States should not be entitled to receive additional lump sums in respect of persons granted temporary stay on the territory of a Member State under such other humanitarian admission programmes.’ ’ Or. fr (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32014R0516&qid=1493312552997&from=EN)
Amendment 536 #
Proposal for a regulation
Article 17 – paragraph 1 – point 2 – point a Regulation (EU) No 516/20147
Article 17 – paragraph 1 – point 2 – point a Regulation (EU) No 516/20147
(a): 'resettlement' means the admission, at the request of the Office of the United Nations High Commissioner for Refugees (UNHCR), of third-country nationals or stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of one of the Member States with a view to granting them international protection';
Amendment 537 #
Proposal for a regulation
Article 17 – paragraph 1 – point 3
Article 17 – paragraph 1 – point 3
Regulation (EU) No 516/20145
Article 17
Article 17
Resources for the Union Resettlement Framework and for national resettlement and humanitarian admission plans
Amendment 539 #
Proposal for a regulation
Article 17 – paragraph 1 – point 3 (new)
Article 17 – paragraph 1 – point 3 (new)
Regulation (EU) No 516/2014
Article 17
Article 17
1a. They shall receive the flat-rate sum of EUR 5 000 for each person resettled under the national resettlement plan or admitted under a national humanitarian admission programme.
Amendment 541 #
Proposal for a regulation
Article 17 – paragraph 1 – point 3
Article 17 – paragraph 1 – point 3
Regulation (EU) No 516/2014
Article 17
Article 17
2. The amounts referred to in paragraph 1 shall be allocated to the Member States in the individual financing decisions approving their revised national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) 514/2014.
Amendment 545 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. By 31 December 2018No later than four years after the entry into force of this Regulation, the Commission shall report to the European Parliament and the Council on the application of this Regulation in the Member States.
Amendment 546 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. In the report, the Commission shall consider the possibility of using the European budget to support private sponsorship initiatives.
Amendment 547 #
Proposal for a regulation
Article 18 – paragraph 1 b (new)
Article 18 – paragraph 1 b (new)
1b. The Commission shall study the possibility of creating common procedures, distinct from resettlement, for the admission of persons who are displaced within their own country.
Amendment 548 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The European Parliament and the Council shall, on the basis of the proposal of the Commission, taking into account the report referred to in paragraph 1, review this Regulation by 30 June 202018 months after the submission of the Commission report on the application of this Regulation.