17 Amendments of Marietje SCHAAKE related to 2016/0131(COD)
Amendment 15 #
Proposal for a regulation
Recital 1
Recital 1
(1) The objective of the Union's policy on asylum is to develop and establish a Common European Asylum System (CEAS), consistent within accordance with both international (humanitarian) law and Union law, including, but not limited to, the 1951 Geneva Convention and the Charter of Fundamental Rights of the European Union, as well as the values and humanitarian tradition of the European Union and governed by the principle of solidarity and fair sharing of responsibility.
Amendment 21 #
Proposal for a regulation
Recital 2
Recital 2
(2) The CEAS is based on common minimum standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress on the CEAS, there are still significant disparities between the Member States in the granting of international protection and in the form that such international protection takes. Those disparities should be addressed by ensuring greater convergence in the assessment of applications for international protection and by guaranteeing a high and uniform level of application of Union and international law across the Union.
Amendment 25 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In its Communication of 7 June 2016, the Commission set out plans to mobilise and focus EU action and resources in its external work to manage migration. The objective of this proposal must not lead to the instrumentalisation of the EU's foreign policy instruments with the sole goal of 'managing migration'. The EU, its institutions and agencies must work together to put in place border control, channels for legal migration and proper migration and asylum policies, rather than paying third countries to avoid people from migrating. Utilising the full range of the EU's foreign policy instruments in their own right will have merit both in the short and long term and ensure the EU can defend and promote its values and interests worldwide.
Amendment 29 #
Proposal for a regulation
Recital 5
Recital 5
(5) Having regard to structural weaknesses of the CEAS brought to the fore by large-scale and uncontrolled arrival of migrants and asylum seekers to the Union and the need for an efficient, high and uniform level of the application of Union and international asylum law in Member States, it is necessary to improve the implementation and functioning of the CEAS by building on the work of the European Asylum Support Office and further develop it into a fully-fledged agency which should be responsible for facilitating and improving the functioning of the CEAS, for enabling a sustainable and fair distribution of applications for international protection for ensuring convergence in the assessment of applications for international protection across the Union, and for monitoring the operational and technical application of Union and international law.
Amendment 37 #
Proposal for a regulation
Recital 7
Recital 7
(7) The European Union Agency for Asylum should work in close cooperation with Member States' asylum authorities, with national immigration and asylum services and other services, drawing on the capacity and expertise of those services, and with the Commission, EEAS and its delegations in countries of origin and transit. Member States should cooperate with the Agency to ensure that it is able to fulfil its mandate. It is important that the Agency and the Member States act in good faith and have a timely and accurate exchange of information. Any provision of statistical data should respect the technical and methodological specifications of Regulation (EC) No 862/2007.8 __________________ 8 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).
Amendment 48 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Union Agency for Asylum should ensure a more structured and streamlined production of information on countries of origin at the level of the European Union. It is necessary for the Agency to gather information and draw up reports providing for country of origin information by making use of European networks, in particular the EEAS, EU and national delegations, on country of origin information so as to avoid duplication and create synergies with national reports. Furthermore, to ensure convergence in the assessment of applications for international protection and the nature and quality of protection granted, the Agency should, together with Member States, engage in and develop a common analysis providing guidance on the situation in specific countries of origin.
Amendment 52 #
Proposal for a regulation
Recital 12
Recital 12
(12) The common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX 9 should be regularly reviewed by the Commission, in cooperation with the EEAS. Having regard to the Agency's expertise, it should assist the Commission in reviewing that list. The Agency should also, at the request of the Commission, provide it with information on specific third countries which could be included in the common EU list of safe countries of origin, and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country, first country of asylum or European safe third country by Member States apply. Those countries with which the EU has concluded, or is in the process of concluding a 'migration compact' under the Partnership Framework with third countries under the European Agenda for migration, will not be automatically considered as safe, but will be assessed following the procedure set out herein. __________________ 9 OJ L […]
Amendment 86 #
Proposal for a regulation
Recital 21
Recital 21
(21) For the purpose of fulfilling its mission, and to the extent required for the accomplishment of its tasks, the European Union Agency for Asylum should cooperate with Union bodies, agencies and offices, in particular with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the European Migration Liaison Officers and the field offices proposed under the Migration Partnership Framework and the European Union Agency for Fundamental Rights, in matters covered by this Regulation in the framework of working arrangements concluded in accordance with Union law and policy and international law. Those working arrangements should receive the Commission's prior approval.
Amendment 92 #
Proposal for a regulation
Recital 24
Recital 24
(24) The European Union Agency for Asylum should facilitate operational cooperation between Member States in matters covered by this Regulation. It shouldUnder conditions, including those principles set out in the EU's foreign policy, including, but not limited to, human rights, democracy and the rule of law, it can also cooperate with authorities of third- countries in the framework of working arrangements which should receive the Commission's prior approvaland the EEAS' prior approval. The relevant bodies of the European Parliament will be informed prior to the concluding of such arrangements. The Agency should act in accordance with the Union's external relations policy and under no circumstances should it formulate any independent external policy. In their cooperation with third countries, the Agency and the Member States should comply with norms and standards at least equivalent to those set by Union legislation and international (humanitarian) law also when the cooperation with third countries takes place on the territory of those countries.
Amendment 98 #
Proposal for a regulation
Recital 26
Recital 26
(26) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and the 1951 Geneva Convention. All activities of the European Union Agency for Asylum shall be carried out in full respect of these fundamental rights and principles, including the right to asylum, the protection from refoulement, the right to respect for private and family life, the right to protection of personal data and the right to an effective remedy. The rights of the child and the special needs of vulnerable persons, in particular women and LGBTI people shall always being taken into account.
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) draw up and regularly update, in cooperation with the EEAS and EU delegations in third countries, reports and other documents providing for information on countries of origin at the level of the Union;
Amendment 153 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Agency shall be a centre for gathering relevant, reliable, accurate and up-to date information on countries of origin of persons applying for international protection, including child-specific information and targeted information on persons belonging to vulnerable groups, specifically women and LGBTI people. It shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the Union including on thematic issues, and including those principles in article 21 of the Treaty of the European Union, specific to countries of origin.
Amendment 163 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) make use of all relevant sources of information, including its information analysis on the situation of asylum and other information gathered from governmental, non-governmental and international organisations, including through the networks referred to in Article 9, as well as Union institutions, agencies, bodies, offices and the European External Action Service and its delegations;
Amendment 180 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall assist the Commission in regularly reviewing the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX, including those countries with which the EU has, or is in the process of concluding, a 'compact' under the Partnership Framework, as well as countries that have been suspended by the Commission and those that have been removed from that list.
Amendment 276 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. In matters related to its activities and, to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to the protection of fundamental rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation and international law, including when carrying out activities on the territory of those third countries.
Amendment 278 #
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 and international law. The Agency shall seek the prior approval of the Commission and the EEAS for such working arrangements and it shall inform the European Parliament, prior to the concluding of such arrangements.
Amendment 287 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The Agency shall participate in the implementation of international agreements concluded by the Union with third countries, within the framework of the external relations policy of the Union, and in so doing take into account international (humanitarian) law, principles of human rights, democracy and the rule of law, and regarding matters covered by this Regulation.