23 Amendments of Cornelia ERNST related to 2016/0089(NLE)
Amendment 28 #
Proposal for a decision
Title
Title
Proposal for a COUNCIL DECISIONregulation of the European Parliament and of the Council amending Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece
Amendment 29 #
Proposal for a decision
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(3)2) and Article 80 thereof,
Amendment 30 #
Proposal for a decision
Citation 3
Citation 3
Amendment 31 #
Proposal for a decision
Recital 1
Recital 1
(1) On the basis of Article 78(32) TFEU, the Council adopted two Decisions establishing provisional measures in the area of international protection for the benefit of Italy and Greece. Under Council Decision (EU) 2015/152310, 40 000 applicants for international protection are to be relocated from Italy and Greece to the other Member States. Under Council Decision (EU) 2015/160111 , 120 000 applicants for international protection are to be relocated from Italy and Greece to other Member States. _________________ 10Council Decision (EU) 2015/ 1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece, OJ L 239, 15.9.2015, p. 146. 11Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece, OJ L 248, 24.9.2015, p. 80 provides that the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, are to adopt measures developing a common European asylum system.
Amendment 32 #
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) According to Article 80 TFEU, the policies of the Union in the area of border checks, asylum and immigration and their implementation are to be governed by the principle of solidarity and fair sharing of responsibility between the Member States, and Union acts adopted in this area are to contain appropriate measures to give effect to that principle.
Amendment 33 #
Proposal for a decision
Recital 1 b (new)
Recital 1 b (new)
(1b) Pursuant to Article 78(3) TFEU, the European Parliament is only consulted. That article provides that the Council, on a proposal from the Commission and after consulting the European Parliament, may adopt provisional measures for the benefit of Member States, in the event of those Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries.
Amendment 34 #
Proposal for a decision
Recital 1 c (new)
Recital 1 c (new)
(1c) The European Parliament approved a statement attached to its legislative resolution of 9 September 2015 on the proposal for a Council Decision establishing provisional measures in the area of international protection for the benefit of Italy and Greece in which it insisted that Article 78(2) jointly with Article 80 TFEU is the correct legal basis. The European Parliament accepted Article 78(3) only in light of the need to adopt immediate emergency measures for the benefit of Greece and Italy. The European Parliament further stressed the fact that the adoption of the Council Decision was without prejudice to the range of legal bases available to the co- legislator in the future, in particular with regard to Article 78 jointly with Article 80 TFEU. In its legislative resolution of 17 September 2015 on the proposal for a Council Decision establishing provisional measures in the area of international protection for the benefit of Italy, Greece and Hungary, the European Parliament referred to its legislative resolution of 9 September and repeated that its approval of the Commission proposal has to be seen in light of the exceptional situation of urgency and the need to address the situation with no further delay.
Amendment 35 #
Proposal for a decision
Recital 1 d (new)
Recital 1 d (new)
(1d) This legislative proposal however does not come in light of an exceptional situation of urgency as the situation has remained stable since 26 September 2015.
Amendment 41 #
Proposal for a decision
Recital 4
Recital 4
Amendment 48 #
Proposal for a decision
Recital 5
Recital 5
(5) Resettlement, humanitarian admission, or other forms of legal admission from Turkey under national and multilateral schemes can be expectedare the only legal and dignified way to relieve the migratory pressure on Member States which are beneficiaries of relocation under Decision (EU) 2015/1601 by providing a legal and safe pathway to enter the Union and by discouraging so called irregular entries. Therefore, the solidarity effortms of Member States consisting in admitting to their territory Syrian nationals present in Turkey who are in clear need of internationalegal admission should be extended. In its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration, the European Parliament called for developing more safe and lawful proutection should be taken into account in relation to the 54 000 applicants for internats for asylum seekers and refugees into the Union, including a binding and mandatory Union legislative approach to resettlement, the establishment of humanitarian admissional protection referred to above. The number of persgrammes by all Member States and a more extensive use of humanitarian visas. Those measures should be complementary to the relocations so admitted from Turkey by a Member State should be deducted from the number of persons to be relocated to that Member State underchemes adopted under Decisions (EU) 2015/15231a and (EU) 2015/16011b. __________________ 1a Council Decision (EU) 2015/ 1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece( OJ L 239, 15.9.2015, p. 146). 1b Council Decision (EU) 2015/1601 in relation to those 54 000 applicantsof 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece( OJ L 248, 24.9.2015, p. 80).
Amendment 50 #
Proposal for a decision
Recital 6
Recital 6
(6) Mechanisms for admission complementary to the relocation schemes adopted under Council Decision (EU) 2015/15231a and Council Decision (EU) 2015/16011b may include resettlement, humanitarian admission or other legal pathways for admission of persons in clear need of international protection, such as humanitarian visa programmes, humanitarian transfer, family reunification programmes, private sponsorship projects, scholarship programmes, labour mobility schemes, and others. __________________ 1a Council Decision (EU) 2015/ 1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece( OJ L 239, 15.9.2015, p. 146). 1b Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece( OJ L 248, 24.9.2015, p. 80).
Amendment 52 #
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) Family reunification is therefore not conditional on ad hoc Union policies, solidarity or emergency measures, and should be respected and promoted by Member States in all cases. Family reunification visas should not be limited in number or subject to financial incentives.
Amendment 53 #
Proposal for a decision
Recital 6 b (new)
Recital 6 b (new)
(6b) According to recital 34 of Council Decision (EU) 2015/16011a the integration of applicants in clear need of international protection into the host society is the cornerstone of a properly functioning Common European Asylum System; in order to decide which specific Member State should be the Member State of relocation, specific account should therefore be given to the specific qualifications and characteristics of the applicants concerned, such as their language skills and other individual indications based on demonstrated family, cultural or social ties which could facilitate their integration into the Member State of relocation; in the case of particularly vulnerable applicants including minors and unaccompanied minors, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants and to the necessity of ensuring a fair distribution of those applicants among Member States; and with due respect for the principle of non- discrimination, Member States of relocation should be able to indicate their preferences for applicants based on the above information on the basis of which Italy and Greece, in consultation with EASO and, where applicable, liaison officers, may compile lists of possible applicants identified for relocation to that Member State. __________________ 1aCouncil Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece( OJ L 248, 24.9.2015, p. 80).
Amendment 54 #
Proposal for a decision
Recital 6 c (new)
Recital 6 c (new)
(6c) Member States should not require applicants for relocation to provide certain personal information, such as religion, sex or age, on the basis of which discrimination could occur. Exceptions from this rule must comply with the obligations under the Geneva Convention of 28 July 1951 relating to the status of refugees and the European Charter of Fundamental Rights of the European Union.
Amendment 55 #
Proposal for a decision
Recital 7
Recital 7
(7) The commitments that Member States undertook as part of the resettlement scheme agreed in the Conclusions of the Representatives of the Governments of the Member States meeting within the Council of 20 July 2015 should not be affected by this Decision and should not count towards meeting the obligations under Decision 2015/1601. Therefore, a Member State which chooses to meet its obligations under Decision (EU) 2015/1601 by admitting Syrians present in Turkey through resettlement, cannot count this effort as constituting part of its commitment under the 20 July 2015 resettlement scheme. Member States should urgently comply with their resettlement commitments.
Amendment 57 #
Proposal for a decision
Recital 8
Recital 8
(8) To ensure a proper monitoring of the situation,Every month Member States should report on a monthly basis to the Commission on Syrians present in Turkey admitted to their territory under the option provided for in this amendment specifying under which scheme, national or multilateral, the person has been admitted and the form of legal admissthe number of persons legally admitted and relocated to their territory, indicating the type of scheme under which the admission has taken place, the form of legal admission used and the Member State of relocation.
Amendment 63 #
Proposal for a decision
Recital 14
Recital 14
(14) In view of the urgency of the situation, tThis Decision should enter into force on the date following that of its publication in the Official Journal of the European Union,
Amendment 64 #
Proposal for a decision
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Council Decision (EU) 2015/1601
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 65 #
Proposal for a decision
Article 1 – introductory part
Article 1 – introductory part
Amendment 66 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Council Decision (EU) 2015/1601
Article 4 – paragraph 3a – subparagraph 1
Article 4 – paragraph 3a – subparagraph 1
Amendment 70 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Council Decision (EU) 2015/1601
Article 4 – paragraph 3 a – subparagraph 2
Article 4 – paragraph 3 a – subparagraph 2
Amendment 71 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Council Decision (EU) 2015/1601
Article 4 – paragraph 3 a – subparagraph 3
Article 4 – paragraph 3 a – subparagraph 3
Amendment 72 #
Proposal for a decision
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Council Decision (EU) 2015/1601
Article 5 – paragraph 2
Article 5 – paragraph 2
1a. In Article 5, paragraph 2 is replaced by the following: “2. Member States shall, at regular intervals, and at least every 3 months, indicate the number of applicants who can be relocated swiftly to their territory and any other relevant information. Member States shall make available at least one- third of their relocation places by 30 September 2016.”