Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | KELLER Ska ( Verts/ALE) | IOTOVA Iliana ( S&D) |
Committee Opinion | BUDG |
Lead committee dossier:
Events
The Commission presents its first report on relocation and resettlement in accordance with Council Decision (EU) 2015/1523 and Council Decision (EU) 2015/1601 (Relocation Decisions), adopted in September 2015, which established a temporary and exceptional relocation mechanism for 160,000 applicants in clear need of international protection from Greece and Italy. This was a response to the arrival of around 880,000 persons arrived in the European Union through Greece and Italy.
In addition, following the Commission Recommendation of 8 June 2015 on a European resettlement scheme, 27 Member States together with Dublin Associated States agreed on 20 July 2015 to resettle 22,504 displaced persons from outside the EU who are in clear need of international protection within two years. The report also responds to the Commission commitment under the Roadmap "Back to Schengen" to report on a monthly basis on the implementation of relocation and resettlement.
The Communication summarises the challenges identified and lessons learned in these first months of implementation of the relocation and resettlement schemes and proposes recommendations and actions in the short term to improve the implementation rate.
It makes the following points:
Relocation :
the rate of implementation has been slow over the last five months but there are signs of a positive trend: by 15 March 2016, 937 people had been relocated (368 from Italy and 569 from Greece). The pace of relocation has significantly increased in the first weeks of March, but is still insufficient to meet the objectives of the Relocation Decisions; as of 15 March, the total number of indications of readiness to relocate swiftly applicants for international protection (" formal pledges ") by Member States of relocation amounts to 3,723 which represent 2.33% of the 160,000 relocation transfers to be implemented . O n the positive side, most Member States have appointed liaison officers, who play a key role in the procedure; there has been a rapid increase in the number of applicants , from around 20 persons per day to 300 persons per day in Greece). Partially, this is a consequence of the restrictions imposed at the Greece/former Yugoslav Republic of Macedonia border but also of the additional efforts to disseminate information, including the deployment of European Asylum Support Office (EASO) mobile teams outside the hotspots to maximise outreach. Nevertheless, the risks of absconding once the person is notified of the Member State of relocation remain; there has been an increased number of nationalities eligible for relocation but also increased unpredictability regarding new nationalities potentially covered by the Relocation Decisions. The nationalities eligible for relocation are currently Burundi, Central African Republic, Eritrea, Costa Rica, Saint Vincent and the Grenadines; relocation of vulnerable applicants for international protection, including unaccompanied minors is proving challenging; some Member States have expressed long or restrictive lists of preferences for the profile of the applicants to be relocated, and some have used the non-respect of preferences as a ground for rejecting a relocation request , which is not allowed under the Council Decisions; the relocation procedure in general exceeds the two-month time limit set out in the two Council Decisions on relocation; the main reason for delays in responding to relocation requests is additional security checks, including systematic security interviews and requests for fingerprints; there are unjustified rejections of relocation requests and a lack of pre-departure information by the Member State of relocation: despite the fact that Member States offered 201 experts to the general call from EASO for 374 experts, the response is inadequate for specific calls and actual deployments.
Main recommendation to Greece and Italy :
increase the capacity of the Greek Asylum Service , with the support of EASO, to register applicants to be relocated, matching the significant increase in the number of eligible migrants interested in joining the scheme; complete the full operation of all hotspots ; step-up efforts to carry out systematic security checks and to improve the quality of information provided in the relocation requests sent to Member States, and appoint a security correspondent; improve coordination capacity by finalising and implementing as soon as possible Standard Operating Procedures and Protocols for relocation; increase the reception capacity of Gre ece by making available the 50,000 places committed under the roadmap as soon as possible; finalise as soon as possible the procedures to facilitate the relocation of unaccompanied minors.
Main recommendations to the Member States of relocation :
increase significantly the number and frequency of pledges; reply to relocation requests from Italy and Greece within one week upon receipt; accelerate the carrying out of additional security checks with the objective of performing them within one week and with a focus on duly justified cases; provide pre-departure information packages including qualitative and attractive information to applicants following EASO's guidance note; respond as a matter of urgency to EASO calls for experts to support Italy and in Greece.
The report also addresses recommendations to the European Asylum Support Office (EASO).
The Commission has calculated that in order to meet the number of commitments already allocated (106,000) under the two Council Decisions on relocation averaged over the remaining 18.5 months, a monthly relocation rate of 5,679 should be achieved as a minimum . This would imply an average of around 187 transfers per day and a relocation procedure of maximum two weeks. The experience of the recent relocation transfers to Portugal from Greece proves that the relocation procedure can also be implemented within one week. Based on this calculation, the Commission considers that at least 6,000 relocations should be completed by the time of its second report on relocation and resettlement on 16 April, and that, stepping up the rate, at least 20,000 relocations should be completed by the third report on 16 May, in view of the emergency humanitarian situation on the ground.
Resettlement : based on the information received from the participating States 4,555 people were resettled until 15 March 2016 to Austria, Belgium, Czech Republic, France, Ireland, Italy, the Netherlands, the United Kingdom, Norway, Liechtenstein, and Switzerland under the scheme. A majority of States participating in the scheme indicated that their resettlement efforts are primarily, but not exclusively, directed at Syrians staying in Jordan, Lebanon and Turkey.
The report makes the following points:
there are substantial divergences among the Member States as regards their respective resettlement programmes and practices, such as the selection criteria, length of procedures, pre-departure orientation programmes, integration tools, the status granted to persons admitted, residence permits as well as the number of places available for resettlement; the duration of the procedure can last from several weeks to up to two years between the submission of the case by the UNHCR until arrival in a host country; lack of reception capacities and finding adequate accommodation was frequently mentioned as a particular challenge, especially in cases of resettling larger families, or when dealing with especially vulnerable cases. Exit clearances by the third countries, were also cited as problematic in some cases; 10 Member States are expected to resettle for the first time, although none of them has started implementing the programme yet. Challenges which those Member States face include building capacity for establishing a national resettlement mechanism, a lack of experience in conducting missions and selecting candidates, providing optimal conditions for integration of resettled refugees, and winning public support for resettlement among the general public.
The Commission makes several recommendations regarding overcoming these challenges, including: (i) sharing knowledge and experience and working with partners; (ii) improved monitoring of the scheme; (iii) implementing the Voluntary Humanitarian Admission Scheme with Turkey; (iv) bringing forward an EU wide resettlement proposal to frame the EU's policy on resettlement.
In order to underline the importance attached to solidarity with affected third countries in the region and the role of legal pathways for migration, Member States need to deliver on the remaining 17,949 resettlement places. Over the remaining period, Member States would need to resettle on average 855 people in need of protection on a monthly basis . In line with its commitment under the Roadmap "Back to Schengen", the Commission will report on a monthly basis on the progress made in implementing the relocation and resettlement commitments.
PURPOSE: to establish provisional measures in the area of international protection for the benefit of Italy and Greece in order to enable them to deal in an effective manner with the current significant inflow of third country nationals in their territories, putting their asylum systems under strain.
LEGISLATIVE ACT: Council Decision (EU) 2015/1523 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece.
CONTENT: this Decision establishes a temporary and exceptional relocation mechanism over two years from the frontline Member States Italy and Greece to other Member States.
In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013. A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. The overall numbers further increased in the course of 2015.
In its resolution of 29 April 2015 , the European Parliament reiterated the need for the Union to base its response to the latest tragedies in the Mediterranean on solidarity and fair sharing of responsibility.
Relocation measures : the provisional measures under this Decision relate first and foremost to the relocation of applicants for international protection who appear prima facie to be in clear need of international protection from Italy and Greece to the other Member States (those applicants as those belonging to nationalities for which the EU average recognition rate as established by Eurostat is above 75%).
Relocation shall only take place in respect of applicants who have lodged their application for international protection in Italy or Greece and for whom those States would have otherwise been responsible pursuant to the criteria for determining the Member State responsible set out in Chapter III of Regulation (EU) No 604/2013 .
Detailed targets : following agreement reached between Member States through Resolution of 20 July 2015 of the Representatives of the Governments of the Member States meeting within the Council on relocating from Greece and Italy 40 000 persons in clear need of international protection ( 24 000 applicants will be relocated from Italy; 16 000 applicants will be relocated from Greece to the territory of the other Member).
Relocation procedure : the Decision ensures that a swift relocation procedure is put in place and to accompany the implementation of the provisional measures by close administrative cooperation between Member States and operational support provided by EASO. Priority shall be given for that purpose to vulnerable applicants .
In order to decide which specific Member State should be the Member State of relocation, specific account should 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.
With due respect for the principle of non-discrimination, Member States of relocation may 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.
The transfer of the applicant to the territory of the Member State of relocation shall take place as soon as possible following the date of the notification to the person concerned of the transfer decision.
Member States retain the right to refuse to relocate an applicant only where there are reasonable grounds for regarding him or her as a danger to their national security or public order .
For the implementation of all aspects of the relocation procedure, Member States may decide to appoint liaison officers to Italy and to Greece.
Operational support to Italy and to Greece : the Decision stipulates that Member States shall increase their operational support in cooperation with Italy and Greece in the area of international protection, in particular by providing, as appropriate, national experts for the following support activities:
the screening of the third-country nationals arriving in Italy and in Greece, including their clear identification, fingerprinting and registration; the provision to applicants or potential applicants that could be subject to relocation of information and specific assistance that they may need.
Roadmap : the Decision requires Italy and Greece to present a roadmap to the Commission which shall include adequate measures in the area of asylum, first reception and return, enhancing the capacity, quality and efficiency of their systems in these areas as well as measures to ensure appropriate implementation of this Decision. The Commission may decide to suspend, under certain circumstances , the application of this Decision.
Rights and obligations of applicants : the Decision lays down the rights and obligations of applicants for international protection covered by this Decision:
the best interests of the child shall be a primary consideration for Member States when implementing this Decision; the applicant shall be informed in a language which the applicant understands or is reasonably supposed to understand of the relocation procedure; Member States shall ensure that family members who fall within the scope of this Decision are relocated to the territory of the same Member State.
An applicant or beneficiary of international protection who enters the territory of a Member State other than the Member State of relocation without fulfilling the conditions for stay in that other Member State shall be required to return immediately . The Member State of relocation shall take back the person.
Financial support : the Member State of relocation shall receive a lump sum of EUR 6 000 for each relocated person pursuant to this Decision.
ENTRY INTO FORCE: 16.9.2015. The Decision shall apply until 17.9.2017.
The European Parliament adopted by 498 votes to 158 with 37 abstentions, a legislative resolution on the proposal for a Council decision establishing provisional measures in the area of international protection for the benefit of Italy and Greece.
Parliament approved the Commission proposal subject to the following amendments:
Binding measures : in line with Article 78(3) and Article 80 of the Treaty, Parliament wanted the solidarity measures envisaged in the Decision to be binding. It asked for binding quota for the distribution of person sin clear need of international protection throughout Member States.
Distribution key : in order to relieve the significant asylum pressure from Italy and Greece, but also to act as an important test case with a view to the upcoming legislative proposal on a permanent emergency relocation scheme, Parliament proposed that an initial total of 110 000 asylum seekers should be relocated from Greece and Italy over a two-year period (40 000 from Italy and 70 000 from Greece.)
However, a further increase of relocation places should be considered , if necessary, to adapt to rapidly changing refugee flows and trends.
Any proposal for a permanent emergency relocation mechanism must be based on a more substantial contribution to solidarity and responsibility-sharing among Member States, including a significant increase in the number of available relocation places. It should be built on clearly defined criteria , including on sudden inflow of nationals of third countries and exceptional asylum pressure, allowing for its triggering on the basis of transparent and objective indicators.
Taking account of applicants’ preferences and of Member States : based on the lessons learned from the pilot project on relocation from Malta (EUREMA), Parliament asked that applicants be given the opportunity to express their preferences. They should rank Member States by order of preference and support their preferences by elements such as:
family ties in a broad sense; social ties such as ties to ethnic and cultural communities, and cultural ties to the preferred Member State such as language skills, former stay in a Member State or former study or work relations with companies or organisations of that Member State.
While applicants do not have a right to choose the Member State of their relocation, there must be taken into account their needs, preferences and specific qualifications that could be relevant for the integration of applicants into the labour market of the Member State of relocation.
Relocation procedure : when deciding which applicants should be relocated, special attention should be given to unaccompanied minors.
Parliament asked that Member States provide information about the available capacity for reception of migrants. Italy and Greece shall, with the assistance of EASO, provide applicants with information, in a language that they understand about the Member States involved in the emergency relocation. During the initial processing applicants shall be asked to rank Member States by order of preferences and to support their preference .
The person concerned shall be advised of the Member State of relocation in a comprehensive manner and in a language that the applicant understands or, if the applicant’s preferences are not taken into account, of the reasons for that decision.
In principle, the applicant must give his or her consent to the relocation to a Member State.
Operational support for Italy and Greece : Parliament specified support must include the initial processing of the applications, including the identification of vulnerabilities and preferences, for the purpose of identifying potential applicants for relocation and the screening of applicants, including their clear identification, fingerprinting and registration of the applications for international protection. The transfer costs to the Member State of relocation should not be an additional burden to Greece and Italy.
Evaluation: by July 2016 the Commission shall submit a mid-term evaluation on the application of the Decision and, where appropriate, shall propose the necessary recommendations for a permanent relocation mechanism , including in perspective of the announced Dublin fitness check.
The Commission shall submit a final evaluation report on the application of the Decision 30 months after its entry into force.
Statement by the European Parliament : Parliament urges the Commission to table a legislative proposal on a permanent relocation scheme based on Article 78(2) and Article 80 by the end of 2015 , as announced by the Commission in its European Agenda on Migration.
Parliament reserves its right to prepare a legislative own-initiative report in case the Commission does not come forward with such a legislative proposal in due time.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Ska KELLER (Greens/EFA, DE) on the proposal for a Council decision establishing provisional measures in the area of international protection for the benefit of Italy and Greece.
The committee approved the Commission proposal subject to the following amendments:
Binding measures : this Decision establishes binding provisional emergency measures in the area of international protection for the benefit of Italy and Greece.
Taking account of applicants’ preferences and of Member States : based on the lessons learned from the pilot project on relocation from Malta (EUREMA), Members stated that expectations and preferences should be taken into account to the extent possible. Member States should support their preferences by aspects such as:
family ties, social ties such as ties to ethnic and cultural communities, cultural ties to the preferred Member State such as language skills, former stay in a Member State or former study or work relations with companies or organisations of that Member State.
Distribution key : in order to relieve the significant asylum pressure from Italy and Greece, but also to act as an important test case with a view to the upcoming legislative proposal on a permanent emergency relocation scheme, an initial total of 40 000 applicants shall be relocated from Italy and Greece. A further increase shall be considered, if necessary, to adapt to rapidly changing refugee flows .
By six months after the entry into force of this Decision, the Commission shall evaluate the respective share of persons to be relocated from Italy and Greece with a view to adapting it to changing refugee flows, on basis of the latest available Frontex data.
Relocation procedure : for the implementation of all aspects of the relocation procedure, Members considered that rather than sending liaison officers for identifying applicants for relocation by individual Member States, Member States should provide national experts to European Asylum Support Office to assist Italy and Greece in the relocation measures in a coordinated manner.
Particular attention should be given to unaccompanied minors in the framework of this procedure.
Information to applicants : Member States shall provide information about the available capacity for reception of migrants. Italy and Greece shall, with the assistance of EASO, provide applicants with information, in a language that they understand or are reasonably supposed to understand, about the Member States involved in the emergency relocation. During the initial processing applicants shall be asked to rank Member States by order of preferences and to support their preference . The person concerned shall be informed of the Member State of relocation in a comprehensive manner and in a language that the applicant understands or is reasonably supposed to understand or, if the applicant’s preferences are not taken into account, of the reasons for that decision. To further avoid secondary movements, applicants should be informed of the consequences of onward movement within the Member States.
In principle, applicants should give their consent to be relocated to a Member State.
Operational support to Italy and Greece : the support activities for the initial processing of the applications, including the identification of vulnerabilities and preferences , for the purpose of identifying potential applicants for relocation and the screening of applicants, including their clear identification, fingerprinting and registration of the applications for international protection.
The transfer costs to the Member State of relocation should not be an additional burden to Greece and Italy.
Evaluation : by July 2016, the Commission shall submit a mid-term evaluation on the application of this Decision and, where appropriate, shall propose the necessary recommendations for a permanent relocation mechanism , including in perspective of the announced Dublin fitness check.
By 30 months after the date of entry into force of this decision, the Commission shall submit a final evaluation report on the application of this Decision.
Statement by the European Parliament : the committee proposed annexing to the draft resolution a statement to clarify the following points:
the European Parliament can accept Article 78 (3) TFEU as a legal basis only as an emergency measure, which will be followed by a proper legislative proposal to structurally deal with any future emergency situations;
Article 78 (2) TFEU requiring the ordinary legislative procedure for measures for determining which Member State is responsible for considering an application for international protection jointly with Article 80, second sentence TFEU giving in its provisions effect to the principle of solidarity as expressed in Article 80, first sentence , should be the correct legal basis.
The European Parliament urged the Commission to table a legislative proposal on a permanent relocation scheme based on Article 78(2) and Article 80 by the end of 2015 . The European Parliament reserves its right to prepare a legislative own-initiative report in case the Commission does not come forward with such a legislative proposal in due time.
The Council presented a general approach on the proposal for a Council Decision establishing provisional measures in the area of international protection for the benefit of Italy and Greece. This decision establishes the temporary and exceptional relocation over two years from Italy and Greece to other Member States.
Provisional relocation measures : the provisional measures envisaged by this proposal relate first and foremost to the relocation of applicants for international protection who appear prima facie to be in clear need of international protection from Italy and Greece to the other Member States.
Relocation shall only take place in respect of applicants who have lodged their application for international protection in Italy or Greece and for whom those States would have otherwise been responsible pursuant to the criteria for determining the Member State responsible set out in Chapter III of Regulation (EU) No 604/2013 .
Detailed targets : following agreement reached between Member States through Resolution of 20 July 2015 of the Representatives of the Governments of the Member States meeting within the Council on relocating from Greece and Italy 40 000 persons in clear need of international protection:
24 000 applicants will be relocated from Italy to the territory of the other Member States; 16 000 applicants will be relocated from Greece to the territory of the other Member.
Relocation procedure : the proposal called for a swift relocation procedure to be put in place and to accompany the implementation of the provisional measures by a close administrative cooperation between Member States and operational support provided by European Asylum Support Office (EASO). Priority should be given to vulnerable applicants .
National security and public order should be taken into consideration throughout the relocation procedure, until the transfer of the applicant is implemented.
In order to decide which specific Member State should be the Member State of relocation, specific account should 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.
With due respect of the principle of non-discrimination, Member States of relocation may 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 States.
Roadmap : the draft decision requires Italy and Greece to present a roadmap to the Commission which shall include adequate measures in the area of asylum, first reception and return, enhancing the capacity, quality and efficiency of their systems in these areas as well as measures to ensure appropriate implementation of this Decision. Italy and Greece shall fully implement this roadmap. The Commission may decide to suspend, under certain circumstances, the application of this Decision.
Rights and obligations of applicants for international protection : the proposal sets out specific guarantees and obligations for applicants who are the subject of relocation in another Member State:
the best interests of the child shall be a primary consideration for Member States when implementing this Decision; the applicant shall receive information as regards the relocation procedure in a language which the applicant understands; the person concerned shall be notified of the decision to relocate him in writing. That decision shall specify the Member State of relocation; family members who fall within the scope of this Decision shall be relocated to the territory of the same Member State.
An applicant or beneficiary of international protection who enters the territory of another Member State than the Member State of relocation without fulfilling the conditions for stay in that other Member State shall be required to go back immediately and the Member State of relocation shall take back the person.
Financial support : the Member State of relocation shall receive a lump sum of EUR 6 000 for each relocated person pursuant to this Decision.
In a statement annexed to the draft decision , the Council acknowledged that the transfer of applicants to the Member States of relocation will entail substantial costs for Italy and Greece. It invited the Member States to consider supporting, through bilateral arrangements with Italy and Greece, the financing of those costs. The Commission is invited to urgently consider further support to Italy and Greece through additional financial support.
PURPOSE: to establish provisional measures in the area of international protection for the benefit of Italy and Greece in order to enable them to deal in an effective manner with the current significant inflow of third country nationals in their territories, putting their asylum systems under strain.
PROPOSED ACT: Council Decision.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion
BACKGROUND: in accordance with Article 78(3) of the Treaty , in the event of one or more Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries , the Council, on a proposal from the Commission, may adopt provisional measures to the benefit of the Member State(s) concerned.
In accordance with Article 80 of the Treaty, the policies of the Union in the area of border checks, asylum and immigration and their implementation should be governed by the principles of solidarity and fair sharing of responsibility between Member States.
The European Agenda on Migration , the recent statement of the European Council of 23 April 2015 and the European Parliament Resolution presented on 29 April 2015 in the wake of the recent tragedies in the Mediterranean, all concur on the specific and urgent needs frontline Member States are confronted with and on the need to reinforce internal solidarity and propose concrete measures to provide support to the most affected Member States.
Italy’s and Greece’s geographical situation, with the ongoing conflicts in the region of their immediate neighbourhood makes them more vulnerable than the other Member States in the immediate future with unprecedented flows of migrants expected to continue to reach their territories.
In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013. A steady increase was witnessed also by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013.
In 2014, the Syrians and the Eritreans , for which the EU level recognition rate is more than 75%, represented more than 40% in Italy and more than 50% in Greece.
According to Eurostat, 64 625 persons applied for international protection in Italy in 2014, compared to 26 920 in 2013 (an increase of 143%). A lesser increase in the number of applications was witnessed by Greece with 9 430 applicants (an increase of 15%).
As part of the immediate measures , the Commission announced that, by the end of May, it will propose a mechanism to trigger the emergency response system envisaged under Article 78(3) of the Treaty on the Functioning of the European Union (TFEU). The proposal will include a temporary distribution scheme for persons in clear need of international protection to ensure a fair and balanced participation of all Member States to this common effort.
CONTENT: this proposal is presented as result of a prevailing crisis in the area of asylum in Italy and Greece. To prevent further deterioration of the asylum situation in these two countries and provide them with effective support, the Commission had to react rapidly and present promptly its proposal based on Article 78(3) of the Treaty in view of its swift adoption by the Council and implementation of the provisional measures to the benefit of Italy and Greece by the Member States.
Provisional relocation measures : the provisional measures envisaged by this proposal relate first and foremost to the relocation of applicants for international protection (Syrians and Eritreans) who appear prima facie to be in clear need of international protection from Italy and Greece to the other Member States . The other Member States, defined in the proposal as the “Member States of relocation" become responsible for examining the application of the person to be relocated. It is therefore proposed to apply the provisional measures foreseen in this proposal for a period of 24 months from the entry into force of this Decision.
Numerical targets : the proposal establishes a numerical target for the applicants to be relocated from Italy and Greece, namely 24 000 and 16 000 respectively and includes in its annexes two distribution keys which define the number of applicants that shall be relocated from Italy and Greece respectively to the other Member States.
The total of 40 000 applicants that should be relocated from Italy and Greece corresponds to approximately 40% of the total number of persons in clear need of international protection who have entered irregularly in these two countries in 2014.
Relocation procedure : the scope of the relocation procedure set out in this Decision is limited in two respects:
(1) this Decision shall only apply in respect of applicants who are, prima facie, in clear need of international protection (those applicants as those belonging to nationalities for which the EU average recognition rate as established by Eurostat is above 75%);
(2) this Decision shall only apply in respect of those applicants for whom Italy or Greece would in principle be the Member State responsible, in line with the take charge criteria defined in Regulation (EU) No 604/2013 .
The proposal sets out a simple relocation procedure , to ensure a quick transfer of the persons concerned to the Member State of relocation. Priority should be given to the vulnerable applicants.
Further measures : in addition to relocalisation, the proposal:
lays down other measures of support to be provided to Italy and Greece . In particular, the proposal envisages an increase in the support provided by other Member States to Italy and Greece under the coordination of EASO and other relevant Agencies; provides the obligation for Italy and Greece to present to the Commission a roadmap which shall include adequate measures in the area of asylum, first reception and return enhancing the capacity, quality and efficiency of their systems in these areas as well as measures to ensure a proper application of this Decision. The Commission may suspend, under certain circumstances, the application of this Decision; includes specific guarantees and obligations for the applicants who are subject to relocation to another Member State (the right to receive information on the relocation procedure, the right to be notified with the relocation decision which must specify the precise Member State of relocation and the right to be relocated with the family members in the same Member State of relocation). The proposal also recalls the obligation to give primary consideration to the best interests of the child when deciding the Member State of relocation.
Lastly, the proposal recalls the possibility for the Council, based on a proposal from the Commission and after consulting the European Parliament, to adopt provisional measures for the benefit of a Member State other than Italy or Greece which would be confronted with a similar emergency situation characterised by a sudden inflow of nationals of third countries.
BUDGETARY IMPACT: this proposal entails additional costs for the EU Budget for a total amount of EUR 240 000 000 .
Documents
- Follow-up document: COM(2016)0165
- Follow-up document: EUR-Lex
- Contribution: COM(2015)0286
- Commission response to text adopted in plenary: SP(2015)649
- Final act published in Official Journal: Decision 2015/1523
- Final act published in Official Journal: OJ L 239 15.09.2015, p. 0146
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0306/2015
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A8-0245/2015
- Supplementary legislative basic document: 11132/2015
- Contribution: COM(2015)0286
- Contribution: COM(2015)0286
- Contribution: COM(2015)0286
- Amendments tabled in committee: PE564.946
- Committee draft report: PE560.901
- Legislative proposal published: COM(2015)0286
- Legislative proposal published: EUR-Lex
- Committee draft report: PE560.901
- Amendments tabled in committee: PE564.946
- Supplementary legislative basic document: 11132/2015
- Commission response to text adopted in plenary: SP(2015)649
- Follow-up document: COM(2016)0165 EUR-Lex
- Contribution: COM(2015)0286
- Contribution: COM(2015)0286
- Contribution: COM(2015)0286
- Contribution: COM(2015)0286
Activities
- Bill ETHERIDGE
Plenary Speeches (3)
- 2016/11/22 Provisional measures in the area of international protection for the benefit of Italy and Greece (A8-0245/2015 - Ska Keller)
- 2016/11/22 Provisional measures in the area of international protection for the benefit of Italy and Greece (debate)
- 2016/11/22 Provisional measures in the area of international protection for the benefit of Italy and Greece (debate)
- Anna Maria CORAZZA BILDT
- Ildikó GÁLL-PELCZ
- Iliana IOTOVA
- Ivan JAKOVČIĆ
- Bernd KÖLMEL
- Notis MARIAS
- Krisztina MORVAI
- Christine REVAULT D'ALLONNES BONNEFOY
- Branislav ŠKRIPEK
- Barbara SPINELLI
- Helga STEVENS
- Beatrix von STORCH
- Eleftherios SYNADINOS
- Marina ALBIOL GUZMÁN
Plenary Speeches (1)
- Jonathan ARNOTT
Plenary Speeches (1)
- Johannes Cornelis van BAALEN
Plenary Speeches (1)
- Zigmantas BALČYTIS
Plenary Speeches (1)
- Heinz K. BECKER
Plenary Speeches (1)
- Hugues BAYET
Plenary Speeches (1)
- José BLANCO LÓPEZ
Plenary Speeches (1)
- Mario BORGHEZIO
Plenary Speeches (1)
- Renata BRIANO
Plenary Speeches (1)
- Steeve BRIOIS
Plenary Speeches (1)
- Gianluca BUONANNO
Plenary Speeches (1)
- Soledad CABEZÓN RUIZ
Plenary Speeches (1)
- Alain CADEC
Plenary Speeches (1)
- James CARVER
Plenary Speeches (1)
- Nicola CAPUTO
Plenary Speeches (1)
- Lorenzo CESA
Plenary Speeches (1)
- Ole CHRISTENSEN
Plenary Speeches (1)
- Salvatore CICU
Plenary Speeches (1)
- Alberto CIRIO
Plenary Speeches (1)
- Jane COLLINS
Plenary Speeches (1)
- Pál CSÁKY
Plenary Speeches (1)
- Javier COUSO PERMUY
Plenary Speeches (1)
- Michel DANTIN
Plenary Speeches (1)
- Angélique DELAHAYE
Plenary Speeches (1)
- Gérard DEPREZ
Plenary Speeches (1)
- Agustín DÍAZ DE MERA GARCÍA CONSUEGRA
Plenary Speeches (1)
- Mireille D'ORNANO
Plenary Speeches (1)
- Norbert ERDŐS
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Edouard FERRAND
Plenary Speeches (1)
- Eleonora FORENZA
Plenary Speeches (1)
- Lorenzo FONTANA
Plenary Speeches (1)
- Mariya GABRIEL
Plenary Speeches (1)
- Doru-Claudian FRUNZULICĂ
Plenary Speeches (1)
- Elena GENTILE
Plenary Speeches (1)
- Arne GERICKE
Plenary Speeches (1)
- Sylvie GODDYN
Plenary Speeches (1)
- Bruno GOLLNISCH
Plenary Speeches (1)
- Tania GONZÁLEZ PEÑAS
Plenary Speeches (1)
- Antanas GUOGA
Plenary Speeches (1)
- Sergio GUTIÉRREZ PRIETO
Plenary Speeches (1)
- Jussi HALLA-AHO
Plenary Speeches (1)
- Anna HEDH
Plenary Speeches (1)
- Marian HARKIN
Plenary Speeches (1)
- Hans-Olaf HENKEL
Plenary Speeches (1)
- Mary HONEYBALL
Plenary Speeches (1)
- Ian HUDGHTON
Plenary Speeches (1)
- Pablo IGLESIAS
Plenary Speeches (1)
- Diane JAMES
Plenary Speeches (1)
- Marc JOULAUD
Plenary Speeches (1)
- Krišjānis KARIŅŠ
Plenary Speeches (1)
- Barbara KAPPEL
Plenary Speeches (1)
- Afzal KHAN
Plenary Speeches (1)
- Jeppe KOFOD
Plenary Speeches (1)
- Janusz KORWIN-MIKKE
Plenary Speeches (1)
- Miltiadis KYRKOS
Plenary Speeches (1)
- Cécile Kashetu KYENGE
Plenary Speeches (1)
- Jean LAMBERT
Plenary Speeches (1)
- Giovanni LA VIA
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- Marine LE PEN
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- Bernd LUCKE
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- Ulrike LUNACEK
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- Paloma LÓPEZ BERMEJO
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- Vicky MAEIJER
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- Ivana MALETIĆ
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- Andrejs MAMIKINS
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- Dominique MARTIN
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- Barbara MATERA
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- David MARTIN
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- Jean-Luc MÉLENCHON
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- Miroslav MIKOLÁŠIK
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- Angelika MLINAR
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- Louis MICHEL
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- Marlene MIZZI
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- Sophie MONTEL
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- Elisabeth MORIN-CHARTIER
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- Péter NIEDERMÜLLER
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- Franz OBERMAYR
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- Artis PABRIKS
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- Margot PARKER
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- Ioan Mircea PAŞCU
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- Florian PHILIPPOT
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- Marijana PETIR
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- Andrej PLENKOVIĆ
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- Salvatore Domenico POGLIESE
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- Soraya POST
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- Franck PROUST
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- Claude ROLIN
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- Fernando RUAS
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- Matteo SALVINI
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- Judith SARGENTINI
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- Lola SÁNCHEZ CALDENTEY
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- Siôn SIMON
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- Monika SMOLKOVÁ
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- Davor ŠKRLEC
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- Csaba SÓGOR
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- Igor ŠOLTES
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- Joachim STARBATTY
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- Jaromír ŠTĚTINA
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- Catherine STIHLER
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- Pavel SVOBODA
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- Richard SULÍK
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- Patricija ŠULIN
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- Tibor SZANYI
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- Claudia ȚAPARDEL
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- Pavel TELIČKA
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- Ulrike TREBESIUS
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- Mylène TROSZCZYNSKI
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- Elena VALENCIANO
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- Marie-Christine VERGIAT
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- Miguel VIEGAS
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- Josef WEIDENHOLZER
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- Kristina WINBERG
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- Cecilia WIKSTRÖM
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- Steven WOOLFE
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- Anna ZÁBORSKÁ
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Votes
A8-0245/2015 - Ska Keller - Am 27 #
A8-0245/2015 - Ska Keller - Am 44/1 #
A8-0245/2015 - Ska Keller - Am 42 #
A8-0245/2015 - Ska Keller - Am 43 #
A8-0245/2015 - Ska Keller - Am 3 #
A8-0245/2015 - Ska Keller - Am 4 #
A8-0245/2015 - Ska Keller - Am 6 #
A8-0245/2015 - Ska Keller - Am 9 #
A8-0245/2015 - Ska Keller - Am 13 #
A8-0245/2015 - Ska Keller - Am 14 #
A8-0245/2015 - Ska Keller - Am 15 #
A8-0245/2015 - Ska Keller - Am 16 #
A8-0245/2015 - Ska Keller - Am 18 #
A8-0245/2015 - Ska Keller - Am 19 #
A8-0245/2015 - Ska Keller - Am 22 #
A8-0245/2015 - Ska Keller - Am 23 #
A8-0245/2015 - Ska Keller - Résolution législative #
Amendments | Dossier |
140 |
2015/0125(NLE)
2015/07/14
LIBE
140 amendments...
Amendment 100 #
Proposal for a decision Recital 26 c (new) The principle of non-discrimination laid down in Article 10 of the Treaty on the Functioning of the European Union should be fully respected during the whole relocation procedure. Discrimination on grounds of sex, age, ethnicity, disabilities and religion is a clear violation of the Treaty.
Amendment 101 #
Proposal for a decision Recital 26 a (new) (26a) Applicants can ask to choose the Member State of their relocation and this preference has to be taken into account to the extent possible.
Amendment 102 #
Proposal for a decision Recital 27 (27) The appointment by Member States of liaison officers in Italy and Greece should facilitate the effective implementation of the relocation procedure, including the appropriate identification of the applicants to be relocated, taking into account in particular their vulnerability and qualifications and, as far as possible, their preferences.
Amendment 103 #
Proposal for a decision Recital 27 (27) The appointment by Member States of liaison officers in Italy and Greece should facilitate the effective implementation of the relocation procedure, including the appropriate identification of the applicants to be relocated, in full respect of the persons’ right to human dignity without recourse to any coercion or detention measures; taking into account in particular their vulnerability, preferences, and qualifications.
Amendment 104 #
Proposal for a decision Recital 27 (27) The appointment by Member States of liaison officers in Italy and Greece should facilitate the effective implementation of the relocation procedure, including the appropriate identification of the applicants to be relocated, taking into account in particular their vulnerability and their specific qualifications and skills.
Amendment 105 #
Proposal for a decision Recital 28 (28) The legal and procedural safeguards set out in Regulation (EU) No 604/2013 remain applicable in respect of applicants covered by this Decision. In addition, applicants should be informed of the relocation procedure set out in this Decision and notified with the relocation decision
Amendment 106 #
Proposal for a decision Recital 29 a (new) (29a) Whereas Court rulings both at European and national level have highlighted the flaws in the Regulation (EU) No 603/2013.
Amendment 107 #
Proposal for a decision Recital 30 (30) Measures should be taken in order to avoid secondary movements of relocated persons from the Member State of relocation to other Member States.
Amendment 108 #
Proposal for a decision Recital 30 (30) Measures should be taken in order to avoid secondary movements of relocated persons from the Member State of relocation to other Member States. In particular, applicants should be informed of the consequences of onward movement within the Member States and of the fact that, if the Member State of relocation grants them international protection,
Amendment 109 #
Proposal for a decision Recital 30 a (new) Amendment 110 #
Proposal for a decision Recital 31 (31)
Amendment 111 #
Proposal for a decision Article 1 This Decision establishes binding provisional measures in the area of international protection for the benefit of Italy and Greece in view of enabling them to cope with an emergency situation characterised by a sudden inflow of nationals of third countries in those Member States.
Amendment 112 #
Proposal for a decision Article 1 This Decision establishes provisional emergency measures in the area of international protection for the benefit of Italy and Greece in view of enabling them to cope with an emergency situation characterised by a sudden inflow of nationals of third countries in those Member States.
Amendment 113 #
Proposal for a decision Article 1 This Decision establishes provisional measures in the area of international protection for the benefit of Italy and Greece in view of enabling them to cope with an emergency situation characterised by a sudden inflow of nationals of third countries or stateless persons in those Member States.
Amendment 114 #
Proposal for a decision Article 2 – point b (b) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken
Amendment 115 #
Proposal for a decision Article 2 – point d (d)
Amendment 116 #
Proposal for a decision Article 2 – point e (e) ‘relocation’ means the transfer of an applicant from the
Amendment 117 #
Proposal for a decision Article 3 – paragraph 1 1. Relocation shall only take place on voluntary basis in respect of applicants whose applications for international protection shall in principle be examined by Italy and Greece pursuant to the criteria for determining the Member State responsible set out in Chapter III of Regulation (EU) No 604/2013.
Amendment 118 #
Proposal for a decision Article 3 – paragraph 2 2. Relocation pursuant to this Decision shall
Amendment 119 #
Proposal for a decision Article 3 – paragraph 2 a (new) 2a. The purpose of this Directive shall be dependent upon Italy and Greece fulfilling its obligations to implement effective processing of those seeking international protection, carrying out swift and effective returns operations, and ensuring detention condition are in line with EU fundamental rights and EU law.
Amendment 120 #
Proposal for a decision Article 3 – paragraph 2 a (new) 2a. Given the changing nature of migratory flows, the targeted group of beneficiaries for relocation should be assessed on a quarterly basis.
Amendment 121 #
Proposal for a decision Article 3 – paragraph 2 a (new) 2a. It is necessary to include a review clause at the end of the first year of implementation.
Amendment 122 #
Amendment 123 #
Proposal for a decision Article 4 – introductory part (new) To relieve the significant asylum pressure from Italy and Greece, but also to act as an important test case with a view to the upcoming legislative proposal on a permanent emergency relocation scheme based on Article 78(2) TFEU, a total of 40.000 applicants shall be relocated from Italy and Greece.
Amendment 124 #
Proposal for a decision Article 4 1. 24 000 applicants shall be relocated from Italy to the territory of the other Member States
Amendment 125 #
Proposal for a decision Article 4 – paragraph 1 1.
Amendment 126 #
Proposal for a decision Article 4 – paragraph 1 1. 2
Amendment 127 #
Proposal for a decision Article 4 – paragraph 1 1.
Amendment 128 #
Proposal for a decision Article 4 – paragraph 2 2.
Amendment 129 #
Proposal for a decision Article 4 – paragraph 2 2.
Amendment 130 #
Proposal for a decision Article 4 – paragraph 2 2.
Amendment 131 #
Proposal for a decision Article 5 – paragraph 2 2.
Amendment 132 #
Proposal for a decision Article 5 – paragraph 2 2. Italy and Greece shall, at regular intervals during the period of application of this Decision, with the assistance of EASO and, where applicable, of Member States' liaison officers referred to in paragraph 8, identify the individual applicants to be
Amendment 133 #
Proposal for a decision Article 5 – paragraph 2 2. Italy and Greece shall, at regular intervals during the period of application of this Decision, with the assistance of EASO and other relevant agencies, and, where applicable, of Member States' liaison officers referred to in paragraph 8, identify the individual applicants to be relocated to the other Member States and communicate to the contact points of those Member States and to EASO the number of applicants that can be relocated. Priority shall be given for that purpose to vulnerable applicants within the meaning of Articles 21 and 22 of Directive 2013/33/EU.
Amendment 134 #
Proposal for a decision Article 5 – paragraph 3 3. As soon as possible after receiving the information referred to in paragraph 2, Member States shall inform about the available capacity for reception of migrants and indicate the number of applicants who can be relocated immediately to their territory and any other relevant information, within the numbers set out in Annex I and Annex II respectively.
Amendment 135 #
Proposal for a decision Article 5 – paragraph 3 3. As soon as possible after receiving the information referred to in paragraph 2, Member States shall indicate the number of applicants who can be relocated immediately to their territory and any other relevant information, within the numbers set out in Annex I and Annex II respectively. Taking into account the rapidly changing situation in EU's neighbourhood, the Member States should have the right to review every three months the number of applicants who can be relocated immediately in its territory.
Amendment 136 #
3. As soon as possible after receiving the information referred to in paragraph 2, Member States shall indicate the number of applicants who can be relocated immediately to their territory and any other relevant information, within the numbers set out in Annex I and Annex II respectively. In the absence of indication on the number of applicants who can be relocated to the territory of the Member States, it will activate an automatic mechanism of relocation on the basis of parameters set out in Annex I and Annex II.
Amendment 137 #
Proposal for a decision Article 5 – paragraph 4 4. On the basis of the information received pursuant to paragraphs 3, 3a and 3b of this Article, Italy and Greece shall, as soon as possible, take a decision to relocate each of the identified applicants to a specific Member State of relocation
Amendment 138 #
Proposal for a decision Article 5 – paragraph 5 5. Applicants whose fingerprints are required to be taken pursuant to the obligations set out in Article 9 of Regulation (EU) No 603/2013 may only be proposed for relocat
Amendment 139 #
Proposal for a decision Article 5 – paragraph 5 5. Applicants whose fingerprints are required to be taken and transmitted pursuant to the obligations set out in Article 9 of Regulation (EU) No 603/2013 may only be relocated if their fingerprints have been taken.
Amendment 140 #
Proposal for a decision Article 5 – paragraph 5 5. Applicants whose fingerprints are required to be taken pursuant to the obligations set out in Article 9 of Regulation (EU) No 603/2013 may only be relocated if their fingerprints have been taken
Amendment 141 #
Proposal for a decision Article 5 – paragraph 9 9. The relocation procedure provided for in this Article shall not take longer than one month from the time of identification of the specific applicants to be relocated in line with paragraph 2 of this Article, and, unless this is contrary to the interest of the person concerned, should be completed no later than two months from the day of his/her arrival in Italy or Greece.
Amendment 142 #
Proposal for a decision Article 6 – paragraph 2 2. Member States shall ensure that family members as already defined under existing EU law, who fall within the scope of this Decision are relocated to the territory of the same Member State.
Amendment 143 #
Proposal for a decision Article 6 – paragraph 4 4. When the decision to relocate an applicant has been taken and before the actual relocation, Italy and Greece shall notify the person concerned of the decision to relocate him in writing. That decision shall specify the Member State of relocation. The Member States are not obliged to seek the consent of the applicant with regard to their place of relocation.
Amendment 144 #
Proposal for a decision Article 6 – paragraph 5 5. An applicant or beneficiary of international protection who enters the territory of another Member State than the
Amendment 145 #
Proposal for a decision Article 7 – introductory part Member States shall increase their support in the area of international protection
Amendment 146 #
Proposal for a decision Article 7 – introductory part Member States shall increase their support in the area of international protection to Italy and Greece via the relevant activities coordinated by EASO and other relevant Agencies, in particular by providing when necessary national experts upon previous agreement with the hosting Member States for the following support activities:
Amendment 147 #
Proposal for a decision Article 7 – introductory part Member States shall increase their support in the area of international protection to Italy and Greece via the relevant activities coordinated by EASO and other relevant Agencies, in particular by providing when necessary national experts for the following support activities in order to ensure the lawful and good functioning of their national asylum system:
Amendment 148 #
Proposal for a decision Article 7 – point a (a) the screening of the third-country nationals arriving in Italy and Greece, including their clear identification, fingerprinting and registration of the applications for international protection, in full respect of the persons’ right to human dignity without recourse to any coercion or detention measures;
Amendment 149 #
Proposal for a decision Article 7 – point b (b) the initial processing of the applications; the screening of the third- country nationals arriving in Italy and Greece, including their clear identification, fingerprinting and registration of the applications for international protection;
Amendment 150 #
Proposal for a decision Article 7 – point ca (new) (ca) facilitating the relocation by gathering and collecting information on specific qualifications, family ties, social relations, previous stay, study or work or language knowledge of the applicant;
Amendment 151 #
Proposal for a decision Article 7 – point d (d) the implementation of the transfer of the applicants to the Member State of relocation. The transfer costs to the Member State of relocation should not be an additional burden to Greece and Italy.
Amendment 152 #
Proposal for a decision Article 8 – paragraph 1 1. Italy and Greece shall each, within one month of entry into force of this Decision, present a roadmap to the Commission which shall include adequate measures in the area of asylum, first reception and return, enhancing the capacity, quality and efficiency of their systems in these areas as well as measures to ensure appropriate implementation of this Decision. Special attention should be given to strict return policy. Italy and Greece shall fully implement this roadmap.
Amendment 153 #
Proposal for a decision Article 8 – paragraph 2 Amendment 154 #
Amendment 155 #
Proposal for a decision Article 8 – paragraph 2 2. If Italy or Greece does not comply with the obligation referred to in paragraph 1, the Commission may decide to suspend this Decision with regard to that Member State
Amendment 156 #
Proposal for a decision Article 8 – paragraph 2 2. If Italy or Greece does not comply with the obligation referred to in paragraph 1, the Commission may decide to suspend this Decision with regard to that Member State for a period of up to three months. The Commission may decide
Amendment 157 #
Proposal for a decision Article 8 – paragraph 2 2. If Italy or Greece does not comply with the obligation referred to in paragraph 1, the Commission may decide, having given the State concerned the opportunity to present its views, to suspend this Decision with regard to that Member State for a period of up to three months. The Commission may decide once to extend such suspension for a further period of up to three months. Or. {EN}en
Amendment 158 #
Proposal for a decision Article 8 – paragraph 2 2. If Italy or Greece does not comply with the obligation referred to in paragraph 1, the Commission
Amendment 159 #
Proposal for a decision Article 9 In the event of an emergency situation characterised by a sudden inflow of nationals of third countries in a Member State of relocation, the Council, on a proposal from the Commission and after consulting the European Parliament, may adopt provisional measures for the benefit of the Member State concerned, pursuant to Article 78(3) of the Treaty. Such measures may in addition include, where appropriate, a suspension of the obligations of that Member State provided for in this Decision.
Amendment 160 #
Proposal for a decision Article 11 Italy and Greece shall report to the Council and the Commission on the implementation of this Decision, including on the roadmaps referred to in Article 8, every t
Amendment 161 #
Proposal for a decision Article 11 Italy and Greece shall report to the Council and the Commission on the implementation of this Decision, including on the roadmaps referred to in Article 8, every
Amendment 162 #
Proposal for a decision Article 11 Italy and Greece shall report to the Council and the Commission on the implementation and the proper use of the funds received in the framework of this Decision, including on the roadmaps referred to in Article 8, every three months.
Amendment 163 #
Proposal for a decision Article 11 Italy and Greece shall report to the Council and the Commission on the implementation of this Decision, including on the roadmaps referred to in Article 8, every three months. Member States in which the asylum seekers are relocated ensure that the management of the centres and reception facilities is subject to periodic reporting to the competent authorities. This should include at least the following elements: name of the managing institution, the overall number of staff members, the number of asylum seekers hosted, quantity and quality of the services provided, costs incurred in the management of the reception centres.
Amendment 164 #
1a. Member States should provide EASO with a list of profession available identifying and matching both Member States and applicants needs in the labour market.
Amendment 165 #
Proposal for a decision Article 11 a (new) Amendment 166 #
Proposal for a decision Article 11 a (new) Article 11a By July 2016 the Commission, with the support of the European Agency for Fundamental Rights, shall present an impact assessment on the respect of the Fundamental Rights at the borders, in particular during the finger printing process.
Amendment 27 #
Proposal for a decision Citation 3 a (new) – having regard to the Charter of Fundamental rights, in particular Chapter I and Articles 18 and 19,
Amendment 28 #
Proposal for a decision Recital 1 a (new) (1a) In accordance with Article 78 (2) of the Treaty the Commission should propose to the European Parliament and the Council by the end of 2015 a permanent mechanism for administrating emergency measures in the case that one or more Member States are faced with an emergency situation, characterised by a sudden inflow of nationals of third countries to the benefit of the Member State(s) concerned.
Amendment 29 #
(3) The recent crisis situation in the Mediterranean prompted the Union institutions to
Amendment 30 #
Proposal for a decision Recital 3 (3) The recent crisis situation in the Mediterranean prompted the Union institutions to immediately acknowledge the exceptional migratory flows in this region and call for concrete measures of solidarity towards the frontline Member States. In particular, at a joint meeting of Foreign and Interior Ministers on 20 April 2015, the European Commission presented a ten-point plan of immediate actions to be taken in response to this crisis, including a commitment to consider options for an emergency relocation mechanism. Considering the magnitude of economic and humanitarian migration, the proposed ERS does not offer an effective or sustainable solution to this problem.
Amendment 31 #
Proposal for a decision Recital 3 a (new) (3a) When drafting the permanent mechanism for relocation under Article 78 (2) of the Treaty as an emergency measure, when one or more Member States are faced with an emergency situation, the Commission should provide a definition of the terms "sudden inflow of nationals of third countries" and "exceptional migratory pressure".
Amendment 32 #
Proposal for a decision Recital 4 a (new) (4a) In its conclusions of 26 June 2015, the European Council stated that Europe needs a balanced an geographically comprehensive approach to migration, based on solidarity and responsibility identifying three key dimensions which must be advanced in parallel: relocation/resettlement, return/readmission/reintegration and cooperation with countries of origin and transit.
Amendment 33 #
Proposal for a decision Recital 5 (5) In its resolution of 28 April 2015, the European Parliament reiterated the need for the Union to base its response to the latest tragedies in the Mediterranean on solidarity and fair sharing of responsibility and to step up its efforts in this area towards Member States which receive the highest number of refugees and applicants for international protection in either absolute or proportional terms due to the criteria for defining the responsible Member-State to examine an asylum request set in Dublin Regulations.
Amendment 34 #
Proposal for a decision Recital 5 (5) In its resolution of 28 April 2015, the European Parliament reiterated the need for the Union to base its response to the latest tragedies in the Mediterranean on solidarity and fair sharing of responsibility and to step up its efforts in this area towards Member States which receive the highest number of refugees and applicants for international protection in either absolute
Amendment 35 #
Proposal for a decision Recital 5 a (new) (5a) Having regard to the Council Conclusions of 25-26 June 2015, this emergency mechanism should encourage greater solidarity and participation among all Member States.
Amendment 36 #
Proposal for a decision Recital 5 a (new) (5a) Whereas at its meetings of 25 and 26 June 2015, the European Council decided, inter alia, that three key dimensions should be advanced in parallel: relocation/ resettlement, return/ readmission/ reintegration and cooperation with countries of origin and transit. Whereas the European Council agreed in particular, in the light of the current emergency situation and the commitment to reinforce solidarity and responsibility, on the temporary and exceptional relocation over two years from Italy and Greece to other Member States of 40 000 persons in clear need of international protection. Whereas Member States should agree on binding quota for the distribution of such persons, reflecting the specific situations of Member States.
Amendment 37 #
Proposal for a decision Recital 6 (6)
Amendment 38 #
Proposal for a decision Recital 7 (7) Among the Member States witnessing situations of particular pressure and in light of the recent tragic events in the
Amendment 39 #
Proposal for a decision Recital 7 (7) Among the Member States witnessing situations of particular pressure in South and South-eastern Europe and in light of the recent tragic events in the Mediterranean, Italy and Greece in particular
Amendment 40 #
Proposal for a decision Recital 7 (7) Among the Member States witnessing situations of particular pressure and in light of the recent tragic events in the Mediterranean, Italy and Greece in particular have experienced unprecedented flows of migrants, including applicants for international protection who are in clear need of international protection, arriving on their territories, generating a significant pressure on their migration and asylum systems, indicating thus the negative impact of the Dublin Regulation for the first country of entry into the EU, which regrettably has not yet led to the suspension of this regulation or at least the removal of the reference to the first country of entry into the EU.
Amendment 41 #
Proposal for a decision Recital 7 (7) Among the Member States witnessing situations of particular pressure and in light of the recent tragic events in the Mediterranean, Italy and Greece in particular have experienced unprecedented flows of migrants, including applicants for international protection who are in clear need of international protection, arriving on their territories, generating a significant pressure on their migration and asylum systems. However, many irregular migrants and asylum seekers flee poverty in their home countries and do not fulfil the criteria of a refugee.
Amendment 42 #
Proposal for a decision Recital 7 a (new) (7a) The expert forecast shows an increased migratory pressure in a short- and mid-term perspective on the external maritime and land borders of the EU.
Amendment 43 #
Proposal for a decision Recital 7 b (new) (7b) The financial, administrative and technical capacity in the Member States on the external borders of the EU is almost depleted and this impedes the management of the migratory flows.
Amendment 44 #
Proposal for a decision Recital 7 a (new) (7a) An unprecedented migratory pressure affects severely Hungary, where the number of illegal border crossings and of asylum applications reached the number of 61.000 by the end of June representing an insurmountable pressure on the Hungarian infrastructure.
Amendment 45 #
Proposal for a decision Recital 8 (8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013, including more than 26.100 children, of whom around 13.000 were unaccompanied (7.6% of the total migrants arrived). A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. In addition, Greece has faced in the first months of 2015 a sharp increase in the number of irregular border crossings, corresponding to more than 50% of the total number of irregular border crossings in 2014 (almost 28 000 in the first four months of 2015 in comparison to a total
Amendment 46 #
Proposal for a decision Recital 8 (8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013, including more than 26100 children, of whom around 13000 were unaccompanied. A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. In addition, Greece has faced in the first months of 2015 a sharp increase in the
Amendment 47 #
Proposal for a decision Recital 8 (8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013, including more than 26100 children, of whom around 13000 were unaccompanied (7.6% of the total migrants arrived). A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013.
Amendment 48 #
Proposal for a decision Recital 8 (8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013. A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy.
Amendment 49 #
Proposal for a decision Recital 10 (10) According to Frontex data, another important migration route into the Union in 2014 was the Western Balkan route with 43 357 irregular border crossings. However, the majority of migrants using the Balkan route are not prima facie in need of international protection
Amendment 50 #
Proposal for a decision Recital 10 (10) According to Frontex data, another important migration route into the Union since 201
Amendment 51 #
Proposal for a decision Recital 10 (10) According to Frontex data, another important migration route into the Union in 2014 was the Western Balkan route with 43 357 irregular border crossings.
Amendment 52 #
Proposal for a decision Recital 10 (10) According to Frontex data, another important migration route into the Union in 2014 was the Western Balkan route with 43 357 irregular border crossings.
Amendment 53 #
Proposal for a decision Recital 12 (12) Due to the on-going instability and conflicts in the immediate neighbourhood of Italy and Greece, it is very likely that a significant and increased pressure will continue to be put on their migration and asylum systems
Amendment 54 #
Proposal for a decision Recital 12 a (new) (12a) With regards of the expectations for an increased migratory pressure on other Member States on the external borders of the EU, the Commission should guarantee a display of solidarity through drawing up and implementation of a permanent mechanism for relocation under Article 78 (2) of the Treaty.
Amendment 55 #
Proposal for a decision Recital 13 (13) At the same time, Italy and Greece should provide structural solutions to address the shortcomings in the functioning of their asylum and migration systems. The measures laid down in this Decision should therefore go hand in hand with the establishment by Italy and Greece of a solid and strategic framework for responding to the crisis situation and intensifying the ongoing reform process in these areas. In this respect, Italy and Greece should each within one month of entry into force of this Decision, present a roadmap to the Commission which should include adequate measures in the area of asylum, in particular with regard to creating sufficient capacity in open reception accommodation for asylum seekers and identification of particularly vulnerable groups such as unaccompanied children, first reception, and return enhancing the capacity, quality and efficiency of their systems in these areas, as well as measures to ensure appropriate implementation of this Decision with a view to enable them to better cope, after the end of the applicability of this decision, with a possible increased inflow of migrants on their territories.
Amendment 56 #
Proposal for a decision Recital 13 (13) At the same time, Italy and Greece should provide structural solutions to address the shortcomings in the functioning of their asylum and migration systems. The measures laid down in this Decision should therefore go hand in hand with the establishment by Italy and Greece of a solid and strategic framework for responding to the crisis situation and intensifying the ongoing reform process in these areas. In this respect, Italy and Greece should each within one month of entry into force of this Decision, present a roadmap to the Commission which should include adequate measures in the area of asylum
Amendment 57 #
Proposal for a decision Recital 13 a (new) (13a) Furthermore calls for a rapid and full transposition and effective implementation of the Common European Asylum System by all participating Member States, thereby ensuring common European standards, including reception conditions for asylum seekers and respect for fundamental rights, as envisaged under existing legislation.
Amendment 58 #
Proposal for a decision Recital 14 Amendment 59 #
Proposal for a decision Recital 15 (15)
Amendment 60 #
Proposal for a decision Recital 15 (15) If a Member State other than Italy or Greece should be confronted with a similar emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, and after consulting the European Parliament, may adopt
Amendment 61 #
Proposal for a decision Recital 16 (16) In line with Article 78(3) of the Treaty, the measures envisaged for the benefit of Italy and Greece should be of a provisional nature.
Amendment 62 #
Proposal for a decision Recital 15 a (new) (15a) Whereas the proposal for emergency relocation mechanism is only one part of a holistic European approach to migration, Whereas it is important to stress that all other parts of the European Agenda on Migration should be implemented and enforced, including addressing the root causes of migration, an effective return policy, fighting human smuggling and trafficking and increased cooperation with third countries of origin and transfer.
Amendment 63 #
Proposal for a decision Recital 15 a (new) (15a) The temporary measures for relocation by the Commission are only one part of the future holistic policy on migration by creating legal ways for migration, integration programmes, cooperation with third countries and fighting trafficking.
Amendment 64 #
Proposal for a decision Recital 16 (16) In line with Article 78(3) of the Treaty, the measures envisaged for the benefit of Italy and Greece should be of a provisional nature. A period of 24 months is reasonable in view of ensuring that the measures provided for in this Decision have a real impact in respect of supporting Italy and Greece to deal with the significant migration flows on their territories. Following that, an assessment has to be carried out in order to find a viable and permanent solution based on the principle of solidarity.
Amendment 65 #
Proposal for a decision Recital 16 a (new) (16a) In accordance with Article 78(2) of the Treaty the Commission should come up with a proposal for a permanent mechanism for relocation with strictly defined criteria.
Amendment 66 #
Proposal for a decision Recital 17 (17) The measures foreseen in this Decision entail a temporary derogation from the criterion laid down in Article 13(1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council and the procedural steps, including the time limits, laid down in Articles 21, 22 and 29 of that Regulation. Child rights principles and the best interest of the Child should be the primary consideration in all procedures put in place.
Amendment 67 #
Proposal for a decision Recital 17 a (new) (17a) The measures foreseen in this Decision entail a temporary derogation from the provisions related to the required consent of applicants laid down in Article 7(2) of Regulation (EU) No 516/2014 of the European Parliament and of the Council establishing the Asylum, Migration and Integration Fund, Article 17(2) of Regulation (EU) No 604/2013 of the Dublin Regulation and Article 5 of the Regulation (EU) No 439/2010 of the European Parliament and of the Council on the establishment of the European Asylum Support Office (EASO).
Amendment 68 #
Proposal for a decision Recital 17 a (new) (17a) Relocating countries should define their own criteria for selecting people for relocation. Countries from which refugees will be resettled, should allow hosting countries practical assistance in the selection and relocation of displaced persons (complying with recital 25) and in preparing for their relocation.
Amendment 69 #
Proposal for a decision Recital 18 (18) A choice had to be made in respect of the criteria to be applied when deciding which and how many applicants are to be relocated from Italy and Greece. A clear and workable system is envisaged based on a threshold of the average rate at Union level of decisions granting international protection in the procedures at first instance as defined by Eurostat out of the total number at Union level of decisions on asylum applications for international protection taken at first instance, based on the latest available statistics. On the one hand, this threshold would have to ensure, to the maximum extent possible, that all applicants who are most likely in need of international protection would be in a position to fully and swiftly enjoy their
Amendment 70 #
Proposal for a decision Recital 18 (18) A choice had to be made in respect of the criteria to be applied when deciding which and how many applicants are to be relocated from Italy and Greece. A
Amendment 71 #
Proposal for a decision Recital 18 a (new) (18a) In accordance with Article 78(2) of the Treaty the Commission should propose criteria to determine the applicants who will be relocated, as well as the Member States for relocation.
Amendment 72 #
Proposal for a decision Recital 19 (19) The provisional emergency measures are intended to set up a fair and equitable relocation mechanism, reflecting the specific situation of Member States, to relieve the significant asylum pressure from Italy and Greece, in particular by relocating an important number of applicants in clear need of international
Amendment 73 #
Proposal for a decision Recital 19 (19) The provisional measures are intended to relieve the significant asylum pressure from Italy and Greece, in particular by relocating an important number of applicants in clear need of international protection who have arrived in the territory of Italy and Greece following the date on which this Decision becomes applicable. Based on the overall number of third- country nationals who have entered irregularly Italy and Greece since January 2014 and the number of those who are in clear need of international protection, a total of
Amendment 74 #
Proposal for a decision Recital 19 (19) The provisional measures are intended
Amendment 75 #
Proposal for a decision Recital 19 (19) The provisional measures are intended to relieve the significant and unmanageable asylum pressure from Italy and Greece, in particular by relocating a
Amendment 76 #
Proposal for a decision Recital 19 (19) The provisional measures are intended to relieve the significant asylum pressure from Italy and Greece, in particular by relocating an important number of applicants in clear need of international protection who have arrived in the territory of Italy and Greece following the date on which this Decision becomes applicable. Based on the overall number of third-
Amendment 77 #
Proposal for a decision Recital 20 (20) In line with the Annex to the Communication from the Commission on the European Agenda on Migration , the proposed distribution key should be based on a) the size of the population
Amendment 78 #
Proposal for a decision Recital 20 (20) In line with the Annex to the Communication from the Commission on the European Agenda on Migration1, the proposed distribution key should be based on a) the size of the population (40% weighting), b) the total of the GDP (40% weighting), c) the average number of spontaneous asylum applications and the number of resettled refugees per one million inhabitants over the period 2010- 2014 (10% weighting) and d) the unemployment rate (10% weighting). In addition, taking into account the complexity of the issue, other elements of the distribution key should include Member State specific conditions, such as the number of migrants already in the Member State and historic immigration. The distribution keys set out in Annex I and Annex II of this Decision take into account the fact that the Member States from which relocation will take place should not themselves contribute as a Member State of relocation.
Amendment 79 #
Proposal for a decision Recital 20 a (new) (20a) When drafting the permanent mechanism for relocation under Article 78(2) of the Treaty, the Commission should include the territory of a Member State as a criterion for determining the distribution key of migrants.
Amendment 80 #
Proposal for a decision Recital 21 (21) The Asylum, Migration and Integration Fund (AMIF) set up by Regulation (EU) No 516/2014 of the European Parliament and of the Council1 provides support to
Amendment 81 #
Proposal for a decision Recital 21 a (new) (21a) The Commission should control the spending of the sum of EUR 6000 for the relocation of each applicant.
Amendment 82 #
Proposal for a decision Recital 24 (24) National security and public order should be taken into consideration throughout the relocation procedure
Amendment 83 #
Proposal for a decision Recital 24 (24)
Amendment 84 #
Proposal for a decision Recital 25 (25) When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants, children for instance, within the meaning of Articles 21 and 22 of Directive 2013/33/EU of the European Parliament and of the Council10. In this respect, special needs of applicants, including health, should be of primary
Amendment 85 #
Proposal for a decision Recital 25 (25) When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants within the meaning of Article 22 of Directive 2013/33/EU of the European Parliament and of the Council10. In order to take into account the specific situation of vulnerable persons, Member States have a duty under the recast Reception Conditions Directive and recast Asylum Procedures Directive to conduct an individual evaluation of the vulnerabilities of individuals in terms of their special reception needs and procedural needs. Therefore, Member States must take active steps to assess the individual needs of asylum seekers and cannot rely solely on an asylum seeker’s self-identification to effectively guarantee her rights under EU law. In this respect, special needs of applicants, including health, should be of primary concern. The best interests of the child should always be a primary consideration.
Amendment 86 #
Proposal for a decision Recital 25 (25) When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants within the meaning of Articles 21 and 22 of Directive 2013/33/EU of the European Parliament and of the Council10. In this respect, special needs of applicants, including health, should be of primary concern. The best interests of the child should always be a primary consideration; the application of this Decision shall not compromise the level of protection resulting from the judgment of the Court of Justice of 6 June 2013, Case C-648/11. 10 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) (OJ L 180, 29.6.2013, p.96).
Amendment 87 #
Proposal for a decision Recital 25 (25) When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants, and among those special attention should be given to unaccompanied children, within the meaning of Article 22 of Directive 2013/33/EU of the European Parliament and of the Council10. In this respect, special needs of applicants, including health, should be of primary concern. The best interests of the child should always be a primary consideration, including their full access to child-rights Organizations. 10 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) (OJ L 180, 29.6.2013, p.96).
Amendment 88 #
Proposal for a decision Recital 25 (25) When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants and among those special attention should be given to unaccompanied children, within the meaning of Articles 21 and 22 of Directive 2013/33/EU of the European Parliament and of the Council10. In this
Amendment 89 #
Proposal for a decision Recital 26 Amendment 90 #
(26) In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the preferences and specific qualifications of the applicants concerned which could facilitate their integration into the Member State of relocation, such as their language skills
Amendment 91 #
Proposal for a decision Recital 26 (26) In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the specific
Amendment 92 #
Proposal for a decision Recital 26 (26) In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the specific qualifications of the applicants concerned which could facilitate their integration into the Member State of relocation, such as their language skills and other specific competences and skills that could be relevant for the labour market of the Member State of relocation. Member States should therefore facilitate an effective recognition of diplomas, qualifications and skills of asylum seekers. In the case of particularly vulnerable applicants, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants.
Amendment 93 #
Proposal for a decision Recital 26 (26) In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to
Amendment 94 #
Proposal for a decision Recital 26 (26) In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the preferences and specific qualifications of the applicants concerned which could facilitate their integration into the Member State of relocation, such as
Amendment 95 #
Proposal for a decision Recital 26 a (new) (26a) A core lesson to be learned from the pilot project on relocation from Malta (EUREMA) is that expectations and preferences should be managed properly. As an initial step, applicants should be given the possibility to express their preferences. They should rank five Member States among the Member States by order of preference and support their preferences by elements such as family ties, social ties and cultural ties such as language skills, previous stay, previous studies and previous work experience. This should take place in the course of the initial processing. As a second step, the respective Member States should be informed about the applicants’ preferences. They then should be given the possibility to indicate their preferences for applicants among those applicants who had expressed their preference for the Member State concerned. Member States should support their preferences by aspects such as family, social and cultural ties. Liaison officers appointed by Member States could facilitate the procedure by conducting interviews with the respective applicants. Applicants should also have the possibility to consult with other actors such as NGOs, United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration. In particular, unaccompanied children should have access to child-rights organizations. Finally, Italy and Greece, with the assistance of EASO, should take a decision to relocate each of the applicants to a specific Member State by taking the preferences as much as possible into account. UNHCR should be consulted on their best practices developed in resettlement including on the management of preferences and specific qualifications.
Amendment 96 #
Proposal for a decision Recital 26 a (new) (26a) Secondary movements can be avoided and integration is facilitated when applicants can rely on social relations such as family ties or ties to ethnic and cultural communities, if they speak a language common in the Member State, if they previously have stayed in the Member State or had relations with companies or organizations of that Member State or if they have other qualifications which facilitate their social, economic or cultural inclusion.
Amendment 97 #
Proposal for a decision Recital 26 b (new) (26b) Based on the lessons-learned from the pilot project on relocation from Malta (EUREMA), expectations and preferences should where possible be taken into consideration.
Amendment 98 #
Proposal for a decision Recital 26 b (new) (26b) To avoid the failures of the pilot project on relocation from Malta (EUREMA), expectations and preferences should be managed properly. As an initial step, applicants should be given the possibility to express their preferences. They should rank five Member States among the Member States by order of preference and support their preferences by elements such as family ties, social ties and cultural ties such as language skills, previous stay, previous studies and previous work experience. This should take place in the course of the initial processing. As a second step, the respective Member States should be informed about the applicants’ preferences. The Member States should then be given the possibility to indicate their preferences for applicants among those applicants who had expressed their preference for the Member State concerned. Member States should support their preferences by aspects such as family, social and cultural ties. Liaison officers appointed by Member States could facilitate the procedure by conducting interviews with the respective applicants. Applicants should also have the possibility to consult with other actors such as NGOs, United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration. Finally, Italy and Greece, with the assistance of EASO, should take a decision to relocate each of the applicants to a specific Member State by taking their preferences into account to the fullest extent possible. UNHCR should be consulted on their best practices developed in resettlement.
Amendment 99 #
Proposal for a decision Recital 26 c (new) (26c) The preferences of asylum seekers should become the primary criteria on which relocation decisions shall be based.
source: 564.946
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