71 Amendments of Bendt BENDTSEN related to 2015/2095(INI)
Amendment 4 #
Motion for a resolution
Citation 1
Citation 1
— having regard to the Charter of Fundamental Rights of the European UnionGeneva Convention of 1951 and the additional protocol thereto,
Amendment 19 #
Motion for a resolution
Citation 2
Citation 2
— having regard to the European Convention for the Protection of Human Rights and Fundamental FreedomsUniversal Declaration of Human Rights of 1948,
Amendment 23 #
Motion for a resolution
Citation 3
Citation 3
— having regard to the Universal Declaration of Human Rights of 1948Charter of Fundamental Rights of the European Union,
Amendment 26 #
Motion for a resolution
Citation 4
Citation 4
— having regard to the GenevaEuropean Convention of 1951 and the additional protocol theretofor the Protection of Human Rights and Fundamental Freedoms,
Amendment 36 #
Motion for a resolution
Citation 43
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Amendment 38 #
Motion for a resolution
Citation 44 a (new)
Citation 44 a (new)
- having regard to the work, reports and resolutions of the Council of Europe,
Amendment 48 #
Motion for a resolution
Citation 52
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Amendment 49 #
Motion for a resolution
Citation 53
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Amendment 50 #
Motion for a resolution
Citation 54
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Amendment 51 #
Motion for a resolution
Citation 55
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Amendment 52 #
Motion for a resolution
Citation 56
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Amendment 53 #
Motion for a resolution
Citation 57
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Amendment 54 #
Motion for a resolution
Citation 58
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Amendment 55 #
Motion for a resolution
Citation 60
Citation 60
Amendment 63 #
Motion for a resolution
Recital B
Recital B
B. whereas according to Frontex data5 , in the first eleven months of 2015, 1.55 million persons were detected while attempting to cross irregularly the EU’s external borders, setting an unprecedented record compared to the 282 000 migrants who arrived in the EU in the course of the whole 2014; and whereas, according to IOM/UNICEF data, around 20 % of all migrants arriving by sea are children6 ; and whereas, according to the preliminary data available, the percentage of Syrians vary from 26% to 50% of all arrivals in the EU in 20156a ; and whereas a large number of counterfeit Syrian passports poses a serious challenge for proper identity checks; __________________ 5 Frontex news, http://frontex.europa.eu/news/number-of- migrants-arriving-in-greece-dropped-by- half-in-november-cITv3V. 6 IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf. 6aInternational Centre for Migration policy Development, http://www.icmpd.org/news-centre/2015- in-review-infographic/ ; Frontex, http://frontex.europa.eu/assets/Publicatio ns/Risk_Analysis/FRAN_Q3_2015.pdf
Amendment 81 #
Motion for a resolution
Subheading 1
Subheading 1
Article 80 TFEU – Solidarity and fair sharing of responsibility, including search and rescue obligations
Amendment 85 #
Motion for a resolution
Recital F
Recital F
F. whereas solidarity can take the forms of internal and external solidarity; and whereas relocation, mutual recognition of asylum decismay be expressed in many different ways besides CEAS provisions such as financial assistance, human resources, equipment, training and other operational support measures and should be addressed at a global and universal level given the challenges with which Europe is not capable to cope alone; whereas voluntary relocations, operational support measures, financial support measures, a pro-active interpretation and implementation of the current Dublin Regulation and the Temporary Protection Directive are all tools for internal solidarity, while, voluntary resettlement, humanitarian admission and search and rescue at sea promote externaloperations at sea are all tools that can be used by the Member States to demonstrate their solidarity;
Amendment 124 #
Motion for a resolution
Recital J
Recital J
J. whereas the abolishment of internal border controls must go hand-in-hand with the effective management ofand protection of the Union's external borders, with high common standards, effective exchange of information between Member States, and full respect for everyone’s fundamental rights;
Amendment 131 #
Motion for a resolution
Recital K
Recital K
K. whereas the current Visa Code allows Member States to deviate from the normalstandard admissibility criteria for a visa application in exceptional cases with limited territorial validity ‘on humanitarian grounds’ (as defined in Articles 19 and 25);
Amendment 134 #
Motion for a resolution
Subheading 4
Subheading 4
Developing sustainable asylum policy that could include safe and lawful routes for asylum seekers and refugees into the EU, including the Union resettlement policy and corresponding integration policies
Amendment 140 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas the current migration crisis is a global challenge that requires a global action;
Amendment 146 #
Motion for a resolution
Recital M
Recital M
M. whereas safe and legal routes for refugees to access the EU are limited, and many continue to take the risk of embarking on dangerous routes; and whereas the creation of new safe and lawful routes for asylum seekers and refugees to enter the EU, building on existing legislation and practices, wouldmay allow the EU and the Member States to have a better overview of the protection needs and of the inflow into the EU and to undermine the business model of the smugglers;
Amendment 157 #
Motion for a resolution
Recital O
Recital O
O. whereas individual Member States continue to develop intense external action on migration at the bilateral level; what is due to the lack of common action at the external level, and the large influx of asylum seekers and associated additional challenges;
Amendment 168 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas a functioning return policy through readmission agreements should be an integral part of cooperation with third countries;
Amendment 181 #
Motion for a resolution
Recital Q
Recital Q
Q. whereas the working-age population in the EU is projected to decline by 7.5 million by 2020; whereas projections on the development of labour market needs in the EU points to emerging and future shortages in specific fields; and whereas third-country nationals face many difficulties in obtaining recognition of their foreign qualifications, and therefore tend to be over-qualified for their jobs;
Amendment 185 #
Motion for a resolution
Recital R
Recital R
R. whereas the current EU approach to labour migration is fragmented, with numerous directives focusing on specific categories of workers and of third-country nationals who are, under certain conditions, allowed to work; and whereas this approach can only serve to meet short- term, specific needs;
Amendment 188 #
Motion for a resolution
Recital R a (new)
Recital R a (new)
R a. whereas legal migration for labour market needs, based on the principle of subsidiarity, is and should remain a national competence of the EU Member States;
Amendment 191 #
Motion for a resolution
Recital T
Recital T
Amendment 195 #
Motion for a resolution
Recital U
Recital U
U. whereas the CEAS includes a set of common rules for a common asylum policy, a uniform asylum status and common asylum procedures valid throughout the Union; whereas, however, many alerts, including the infringement decisions adopted by the Commission, show that the CEAS has not been fully implemented in many Member States; whereas implementation is essential in order to harmonise national laws and promote solidarity among Member Statesof existing rules is essential, and whereas Member States can seek supporting assistance from EASO to meet the standards required by the CEAS; whereas harmonisation of reception conditions and asylum procedures can avoid stress on countries offering better conditions and are key to responsibility sharing;
Amendment 209 #
Motion for a resolution
Recital V
Recital V
V. whereas the current mechanisms of the Dublin system have sometimes failed to be objective, to establish fair criteria for allocating responsibility for applications for international protection and to provide swift access to protection; whereas the system is not being effectively applied in practice, and explicit derogations have been adopted with two Council decisions on temporary relocation; and whereas the Commission has announced a proposal for a proper revision of the Dublin III Regulation by March 2016;
Amendment 233 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Starts from the premise that saving lives must be a first priority and that proper funding, at Union and Member State level, for search and rescue operations is essential along with proper and effective external border controls; notes that there has been an increase in the number of irregular arrivals by sea and an alarming increase in the number of deaths at sea, and that a better European response is still required;
Amendment 237 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the saving of lives is an act of solidarity with those at risk, but that it is also moral and a legal obligation under international law, as Article 98 of the United Nations Convention of the Law of the Sea – ratified by all Member States and the Union itself – requires assistance to be given to any person in distress at sea;
Amendment 244 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that a permanent, robust and effective Union response in search and rescue operations at sea is crucial to preventing an escalating death toll of migrants attempting to cross the Mediterranean Sea;
Amendment 256 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety;
Amendment 317 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspecbe a considerable part of any holistic approach to migration and reiterates that Operation Sophia must not distract assets already deployed in the Mediterranean from saving lives at sea;
Amendment 349 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the process of relocation – that is to say, transferring an applicant for international protection, or a beneficiary of international protection, from one Member State to another – is a practical example of solidarity within the Union; recalls, in addition, that, since 2009, Parliament has been calling for a binding mechanism for the distribution of asylum seekers among all the Member States;
Amendment 359 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that, within the last year, the Council has adopted two decisions on temporary relocation measures in the Union (‘Relocation Decisions’)9 , and that they involve the transfer of applicants of international protection from Greece and Italy to other Member States; observes that, although the Relocation Decisions do not end the current Dublin rules on allocation of responsibility, they do constitute a ‘temporary derogation’ from the Dublin rules but should be assessed on individual basis and circumstances; __________________ 9 Council Decision (EU) 2015/1523 and Council Decision (EU) 2015/1601.
Amendment 370 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that the establishment of urgentvoluntary relocation measures isagreed are a move in the right direction of mutual solidarity, and calls on Member States to fulfil their obligations with regard to thosee agreed measures as soon as possible;
Amendment 383 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, for the purposes of the Rrelocation Decisionsmeasures taken by the Council, relocation willmay cover only those nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months, on the basis of Eurostat data; notes that the Relocation Decisions will affect a relatively small number of people, and will leave out the large numbers of applicants originating from other third countries who cannot be relocated under those decisions;
Amendment 443 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that resettlement is one of the preferredn cooperation with UNHCR if a Member State so decides is one of options for granting safe and lawful access to the Union for refugees and those in need of international protection, where it is clear that in long term the refugees can neither return to their home countries nor receive effective protection or be integrated into the host country;
Amendment 450 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Observes, furthermore, that resettlement through the auspices of UNHCR is a well-established humanitarian programme, and is a useful tool for managing orderly arrivals of persons in need of international protection onto Member State territories; notes that Member States already now can choose to use this tool;
Amendment 456 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, givenNotes the unprecedented flows of migrants that have reached and continue to reach the Union’s external borders, and the steady increase in the number of people asking for international protection, the Union needs a binding and mandatory legislative approach to resettlement, as set out in the Commission’s agenda for migration; recommends that, to have an impact, such an approach must provide for resettlement of a meaningful number of refugees, with regard to the overall numbers of refugees seeking international protection in the Union;
Amendment 470 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanentn Union-wide resettlement programme, with mandatovoluntary participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;
Amendment 480 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Acknowledges that such resettlement programme should be on voluntary basis to encourage greater solidarity among the Member States;
Amendment 486 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that humanitarian admission, which Member States can already choose to apply, can be used as a complement to resettlement in order to give urgent protection, often on a temporary basis, to the most vulnerable where needed, e.g. unaccompanied minors or refugees with disabilities;
Amendment 517 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that further steps are necessary to ensure that the CEAS becomes a truly uniform system while respecting subsidiarity and proportionality principles;
Amendment 524 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that a comprehensive assessment (in the form of the Commission’s evaluation reports) of the implementation of this package, followed by a speedy follow-up in case implementation is unsatisfactory in certain Member States, is absolutely necessary in order to improve harmonisationswift processing of asylum applications and returns;
Amendment 549 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to its implementation, fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced in crisis situations by Member States situated at the Union’s external borders; believes that the European Union needs to accept the on-going difficulties with the Dublin logic, and to develop options for solidarity both among its Member States and the migrants concerned; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, p. 31).
Amendment 567 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends that the criteria on which the Rrelocation Decisions are based should bs of asylum seekers from Italy and Greece were based should be further evaluated before they are built directly into the Union’s standard rules for voluntary allocating responsibility; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘applicants in clear need of international protection’, since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival;
Amendment 584 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes the view that the European Union should support the frontline Member States having external borders as well as those Member States receiving the most asylum claims with proportionate and adequate financial and technical support; considers that the rationale of using solidarity and responsibility-sharing measures is to enhance the quality and functioning of the CEAS;
Amendment 590 #
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 610 #
Motion for a resolution
Subheading 19
Subheading 19
Amendment 614 #
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 616 #
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that, at present, Member States recognise asylum decisions from other Member States only when they are negative; reiterates that mutual recognition by Member States of positiveMember States have the right to review asylum decisions is a logical step towards proper implementation of Article 78(2)(a) TFEU, which calls for ‘a uniform status of asylum valid throughout the Unsued by another MS, using the initial decision as a recommendation’;
Amendment 641 #
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society; notes that refugees have not only rights but also obligations towards the hosting Member State; emphasises that integration is a two- way process and that respect for the values upon which the EU isand its Member States are built must be an integral part of the integration process; __________________ 12 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 (OJ L 337, 20.12.2011, p. 9).
Amendment 652 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Emphasises that those granted asylum in an EU Member State should fully respect the principles, values, rules and laws of the Union and the Member State that has granted international protection;
Amendment 688 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reaffirms that better recognition of foreign qualifications is one practical way of ensuring that those third-country nationals already present in the Union can integrate better, and calls on the Commission to come forward with appropriate proposals in that regard; notes however the high number of unemployment among EU citizens in several Member States; points out that as of November 2015 the youth unemployment rate across all the Member States stood at 20%;
Amendment 713 #
Motion for a resolution
Paragraph 46
Paragraph 46
46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification in full respect of the national legislation;
Amendment 742 #
Motion for a resolution
Paragraph 48
Paragraph 48
48. UnderstandEmphasises that the safe and swift return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS;
Amendment 754 #
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, only 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is an urgent need to improve the effectiveness of the Union’s return system;
Amendment 875 #
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61 a. Acknowledges that without strong and well protected Union's external borders there is no possibility to ensure safety within and fully implement CEAS;
Amendment 901 #
Motion for a resolution
Paragraph 65
Paragraph 65
65. AcceptEmphasises that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons;
Amendment 964 #
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need and identify those who do not qualify for international protection; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 995 #
Motion for a resolution
Paragraph 80
Paragraph 80
80. Points out that the Global Approach to Migration and Mobility (GAMM) pillar on asylum and international protection should be developed further, with greater involvement of third countries; notes that current actions in this field, under Regional Protection Programmes (RPPs) or Regional Development and Protection Programmes (RDPPs), focus on capacity building to tackle criminal smuggling and human trafficking networks within third countries of origin and transit; notes, at the same time, that the voluntary resettlement component of these programmes continues to be weak; believes that capacity-building efforts and resettlement activities should be stepped up and carried out together with third countries hosting large refugee populations;
Amendment 1077 #
Motion for a resolution
Paragraph 89 a (new)
Paragraph 89 a (new)
89a. Acknowledges that tackling the 'push factors' is a global responsibility and cannot be seen solely as the responsibility of the European Union, while the Union must still do its utmost to address root causes;
Amendment 1080 #
Motion for a resolution
Paragraph 90
Paragraph 90
Amendment 1093 #
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe and the rest of the world looks at how to help re-build those countries; points out that this means that the Commission and the Member States must put up the money to help build capacity in third countries, such as by facilitating investment and education, strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there;
Amendment 1112 #
Motion for a resolution
Paragraph 95
Paragraph 95
95. Recommends that, in line with the GAMM, the four thematic pillars addressing (i) legal migration and mobility, (ii) irregular migration and trafficking in human beings, (iii) international protection, and (iv) the development impact of migration should be of equal importance in Union external policy and funding; stresses that funding to third countries under various programmes should be assessed in light of their respect to the EU's efforts of migration management - including developing their asylum systems and facilitating returns of their citizens;
Amendment 1180 #
Motion for a resolution
Paragraph 109
Paragraph 109
109. Points out that the Europe 2020 strategy has identified the need for a comprehensive labour migration policy, and for better integration of migrants, in order to meet the Union’s goals for smart, sustainable and inclusive growth; this should be done in full respect of the principle of subsidiarity;
Amendment 1206 #
Motion for a resolution
Paragraph 112
Paragraph 112
112. Calls for a comprehensive vision of the labour market in the Union as a necessary pre-condition for the development of labour market policies; pPoints out that it is necessary to develop tools for identifying and forecasting present and future labour market needs in the UnionMember States in a better way; suggests, in that regard, that existing tools – such as those developed by the European Centre for the Development of Vocational Training (CEDEFOP) or the OECD – could be improved upon, and even merged, with international statistics on potential labour supply from third countries in order to provide a more accurate picture of the situation;
Amendment 1239 #
Motion for a resolution
Paragraph 121
Paragraph 121
121. Believes, moreover, that it is clear that the directive should focus not just on the highly-qualified, but also on targeted high- qualification occupations where there are proven labour shortages; believes, in addition, that the revision of the Blue Card should be both ambitious and targeted, and should seek to remove the inconsistencies of the existing directive, particularly as regards parallel national schemes; recommends that thought be given to revising the scope to include those third- country nationals who could help tackle the gaps identified in EU labour markets;