European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa (COM(2011)0750 – C7-0441/2011 – 2011/0365(COD) – (2013/2503(RSP))

P7_TA(2013)0019 B7-0001/2013

The European Parliament,

–  having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs,

–  having regard to Rules 70(2) and 70a of its Rules of Procedure,

  decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

Draft legislative resolution   Amendment Amendment 1 Draft legislative resolution Paragraph 1 a (new) 1a.  Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020; Amendment 2 Draft legislative resolution Paragraph 1 b (new) 1b.  Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’1; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil the existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5% compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; 1 Texts adopted, P7_TA(2011)0266. Amendment 3 Draft legislative resolution Paragraph 1 c (new) 1c.  Emphasises that, in view of the tasks already identified and concluded by the Union, the Commission needs to reflect those policy priorities in a foresighted and adequate manner in the proposal; Amendment 4 Proposal for a regulation Recital 1 (1)  The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a multi-layer system aimed at facilitating legitimate travel and tackling illegal immigration. (1)  The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union (TFEU)) should be achieved, inter alia, through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a convergent system, which would allow the exchange of data, a complete situation awareness and is aimed at facilitating legitimate travel in the Union and international exchanges encouraging and developing cultural diversity and intercultural understanding, and tackling irregular immigration. In realising this objective it is necessary to ensure respect for fundamental rights (Article 67(1) of the TFEU) and human dignity in accordance with the provisions of the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and, concerning the development of a common asylum, immigration and external border control policy, the fair treatment of third country nationals (Article 67(2) of the TFEU), respect for their right of asylum and international protection, the principle of non-refoulement and sea rescue of migrants and compliance with the international obligations of the Union and Member States arising from the international instruments, for example the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), to which they are signatory. Amendment 5 Proposal for a regulation Recital 1 a (new) (1a)  The Union needs a more coherent approach to the internal and external aspects of migration management and internal security, and should establish a correlation between the fight against illegal immigration and the improvement of the security of the external border, and a better cooperation and dialogue with third countries for dealing with illegal immigration and promoting legal migration. Amendment 6 Proposal for a regulation Recital 1 b (new) (1b)  It is necessary to develop an integrated approach to issues arising from the pressure of migration and asylum applications and for the management of Union external borders and provide a budget and adequate resources to cope with emergencies in the spirit of respect for human rights and solidarity between all Member States, while remaining aware of national responsibilities and ensuring a clear division of tasks. Amendment 7 Proposal for a regulation Recital 1 c (new) (1c)  In its resolution of 8 June 20111, the European Parliament, further emphasised the need of developing better synergies between different funds and programs and points to the fact that the simplification of management of funds and allowing cross-financing enable the allocation of more funds to common objectives, welcomed the Commission's intention to reduce the total number of budgetary instruments in Home Affairs in a two-pillar structure and, where possible, under shared management and expressed its belief that this approach should contribute significantly to an increased simplification, rationalisation, consolidation and transparency of the current funds and programmes. It stressed, however, the need to ensure that the different objectives of home affairs policies will not be mixed up. 1 Texts adopted, P7_TA(2011)0266. Justification Paragraph 109 of the resolution of 8 June 2011 ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ Amendment 8 Proposal for a regulation Recital 2 a (new) (2a)  According to the Union Internal Security Strategy, freedom, security and justice are objectives that should be pursued in parallel, and in order to achieve freedom and justice, security should always be pursued in accordance with the principles of the Treaties, the rule of law and Union's fundamental rights obligations. Amendment 9 Proposal for a regulation Recital 3 (3)  Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and the rule of law as well as a strong focus on the global perspective and the inextricable link with external security should be key principles guiding the implementation of the Internal Security Strategy. (3)  Solidarity among Member States, clarity about the division of tasks, respect for fundamental freedoms and human rights and the rule of law as well as a strong focus on the global perspective and full compliance with Union foreign policy objectives as laid down in Article 21 of the Treaty on European Union (TEU) should be key principles guiding the implementation of the Internal Security Strategy. Amendment 10 Proposal for a regulation Recital 3 a (new) (3a)  The Internal Security Fund should take special account of Member States which are facing disproportionate burdens from migratory flows due to their geographical location. Amendment 11 Proposal for a regulation Recital 6 a (new) (6a)  The global resources for this Regulation and for Regulation (EU) No XXX/2012 establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime and crisis management should jointly establish the financial envelope for the entire duration of the Fund, which should constitute the prime reference for the budgetary authority during the annual budgetary procedure in accordance with Point 17 of the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management. Justification To mirror recital 8 of the proposal for a regulation establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime and crisis management (COM(2011)0753). Amendment 12 Proposal for a regulation Recital 8 (8)  The Internal Security Fund should express solidarity through financial assistance to those Member States that fully apply the Schengen provisions on external borders as well as to those who are preparing for full participation in Schengen. (8)  The Internal Security Fund should express solidarity through financial assistance to those Member States that fully apply the Schengen provisions on external borders as well as to those who are preparing for full participation in Schengen, and that respect international law by providing assistance and protection to those in need. Amendment 13 Proposal for a regulation Recital 11 (11)  When executing tasks at external borders and consulates in accordance with the Schengen acquis on borders and visas, Member States carry out activities in the interest of and on behalf of all other Member States in the Schengen area and thus performing a public service for the Union. To express solidarity, the Instrument should contribute to supporting operating costs related to border control and visa policy and enable Member States to systematically maintain capabilities crucial for that service for all. Such support consists of full reimbursement of a choice of costs related to the objectives under this instrument and will form an integral part of the national programmes. (11)  When executing tasks at external borders and consulates in accordance with the Schengen acquis on borders and visas, Member States carry out activities in the interest of and on behalf of all other Member States in the Schengen area and thus performing a public service for the Union. The Instrument should contribute to supporting operating costs related to border control and visa policy and enable Member States to systematically maintain capabilities crucial for that service for all. Such support consists of full reimbursement of a choice of specific costs related to the objectives under this instrument and will form an integral part of the national programmes. To avoid duplication, fragmentation and cost inefficiency, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) should coordinate Member States' activities financed under the operating support. Amendment 14 Proposal for a regulation Recital 13 (13)  This instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union. (13)  Respecting the human rights of migrants and refugees is of key importance for the Union. The instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Geneva Convention, the UN Convention on the Law of the Sea, UN human rights treaties and international humanitarian law. Amendment 15 Proposal for a regulation Recital 13 a (new) (13a)  Uniform and high-quality external border control is essential for strengthening the Area of Freedom, Security and Justice. The Commission should therefore provide specific guidelines which would ensure the coordination between Member States as regards infrastructure, equipment, means of transport, IT systems and contribute to satisfying common security standards. Amendment 16 Proposal for a regulation Recital 13 b (new) (13b)  Pursuant to Article 3 of the TEU, the Instrument should support activities which ensure the protection of children at risk of harm at the external borders. In particular, the Instrument's activities should promote the identification, immediate assistance and referral to protection services of children at risk, including the provision of special protection and assistance to unaccompanied children. Regular monitoring and evaluation, including monitoring of expenditure, should be carried out to assess the way in which the protection of children is addressed in the Instrument's activities. Justification The EU has committed itself to protecting the rights of the child. These efforts need to be made visible in the implementation and execution of this Regulation. Amendment 17 Proposal for a regulation Recital 14 (14)  To ensure a uniform and high-quality external border control and to facilitate legitimate travel across external borders within the framework of the EU internal security strategy, the Instrument should contribute to the development of a European common integrated border management system, which includes all the measures involving policy, legislation, systematic co-operation, the distribution of the burden, personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in co-operation with the Frontex Agency, with third-countries and, where necessary, with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union. (14)  To ensure a uniform and high-quality external border control and to organise and facilitate regular migration and mobility within the framework of the EU internal security strategy, the Instrument should contribute to the development of a European common integrated border management system, which includes all the measures involving policy, legislation, systematic co-operation, the distribution of the burden, assessment of the situation and changing circumstances regarding crossing points for illegal migrants, personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in co-operation with the Frontex Agency, with third-countries and, where necessary, with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union. Amendment 18 Proposal for a regulation Recital 16 (16)  It should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls. The efficient management of activities organised by the services of the Member States in third countries is in the interest of the common visa policy as part of a multi-layered system aimed at facilitating legitimate travel and tackling irregular immigration into the European Union, and constitutes an integral part of the common integrated border management system. (16)  It should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls, in particular those which prioritise safe maritime borders and which facilitate regular migration and mobility, while making full use of the Visa Information System (VIS) to promote cost-efficiency and avoid double spending. The efficient management of activities organised by the services of the Member States in third countries is in the interest of the common visa policy as part of a multi-layered system aimed at facilitating regular migration and mobility and preventing irregular immigration into the European Union, saving people in distress at sea and constitutes an integral part of the common integrated border management system. Amendment 19 Proposal for a regulation Recital 17 (17)  Moreover, it should support measures in the territory of the Schengen countries as part of the development of a common integrated border management system which strengthens the overall functioning of the Schengen area. (17)  Moreover, it should support measures in the territory of the Schengen countries as part of the development of a common integrated border management system which strengthens the overall functioning of the Schengen area. Member States should notably devote to EUROSUR the necessary funding in order to ensure the good functioning of the network. Amendment 20 Proposal for a regulation Recital 18 (18)  The Instrument should also support the development by the European Union of IT systems which would equip Member States with the tools to manage the movement of third-country nationals across borders more efficiently and to ensure a better identification and verification of travellers (‘smart borders’). To this end, a programme should be established the aim of which is to cover cost for the development of both the central and national components of such systems, ensuring technical consistency, cost savings and a smooth implementation in the Member States. (18)  The Instrument should also support the development by the Union of IT systems which would equip Member States with the tools to manage the movement of third-country nationals across borders more efficiently and to ensure more effective identification and verification of travellers (‘smart borders’), thereby enhancing border security and generating positive economic impacts. To this end, a programme should be established the aim of which is to cover cost for the development of both the central and national components of such systems, ensuring technical consistency, interoperability with other Union IT systems, cost savings and a smooth implementation in the Member States. Amendment 21 Proposal for a regulation Recital 19 (19)  To address immediately unforeseen migratory pressure and threats to border security it should be possible to provide emergency assistance in accordance with the framework set out in Regulation … 2012/EU laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police co-operation, preventing and combating crime, and crisis management. (19)  To address immediately unforeseen migratory pressure and risks to border security it should be possible to provide emergency assistance in accordance with the framework set out in Regulation … 2012/EU laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police co-operation, preventing and combating crime, and crisis management. Amendment 22 Proposal for a regulation Recital 20 (20)  Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible threats are identified, notably following a Schengen evaluation, the Member State concerned should follow the matter up adequately by using resources under its programmes by priority, where applicable, complementing emergency assistance measures. (20)  Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible risks are identified, notably following a Schengen evaluation, the Member State concerned should follow the matter up adequately by using resources under its programmes by priority, where applicable, complementing emergency assistance measures. Amendment 23 Proposal for a regulation Recital 21 (21)  To reinforce solidarity and responsibility sharing, Member States should be encouraged to use a part of the resources available under the programmes for specific priorities defined by the Union, such as the purchase of technical equipment needed by the Frontex Agency and the development of consular co-operation for the Union. (21)  To reinforce solidarity and responsibility sharing, Member States should be encouraged to use a part of the resources available under the programmes for specific priorities defined by the Union, such as the purchase of technical equipment needed by the Frontex Agency and the development of consular co-operation for the Union and the assistance to people in search of international protection. Amendment 24 Proposal for a regulation Recital 21 a (new) (21a)  Member States should avoid pursuing their own national interests when using the amount allocated under the Instrument for their national programme. Amendment 25 Proposal for a regulation Recital 22 (22)  To safeguard the application of the Schengen acquis throughout the Schengen area, the implementation of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis should also be supported under this Regulation, as an essential tool to accompany the policies ensuring the absence of any controls on persons. (22)  To safeguard the application of the Schengen acquis throughout the Schengen area, the implementation of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis should also be supported under this Regulation, as an essential tool to accompany the policies ensuring a high level of external border protection and the absence of any controls on persons within the Schengen area. Amendment 26 Proposal for a regulation Recital 23 (23)  In light of the experiences gained with the External Borders Fund and the development of the SIS and VIS, it is considered appropriate to allow for flexibility regarding possible transfers of resources between the different means of implementation of the objectives pursued under the Instrument, without prejudice to the principle of ensuring from the start a critical mass and financial stability for the programmes and the operating support for Member States. (23)  In light of the experiences gained with the External Borders Fund and the development of the SIS II and VIS, it is considered appropriate to allow for a certain degree of flexibility regarding possible transfers of resources between the different means of implementation of the objectives pursued under the Instrument, without prejudice to the principle of ensuring from the start a critical mass and financial stability for the programmes and the operating support for Member States and the scrutiny of the budget authority. Amendment 27 Proposal for a regulation Recital 24 (24)  In the same vein, the scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arise. Such Union actions include studies and pilot projects to further the policy and its application, measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulates. (24)  In the same vein, the scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arise. Such Union actions include studies and pilot projects to further the policy and its application, training of border guards in the protection of human rights, measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulates. Amendment 28 Proposal for a regulation Recital 26 a (new) (26a)  The TFEU provides for delegated acts only as non-legislative acts of general application relating to non-essential elements of a legislative act. Any essential element should be laid down in the legislative act in question. Amendment 29 Proposal for a regulation Recital 26 b (new) (26b)  Spending of funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies. Amendment 30 Proposal for a regulation Recital 26 c (new) (26c)  There is a need to maximise the impact of Union funding by mobilising, pooling and leveraging public and private financial resources. Amendment 31 Proposal for a regulation Recital 26 d (new) (26d)  Utmost transparency, accountability and democratic scrutiny for innovative financial instruments and mechanisms that involve the Union budget should be ensured. Amendment 32 Proposal for a regulation Recital 26 e (new) (26e)  Improving implementation and quality of spending should constitute guiding principles for achieving the objectives of the Instrument while ensuring optimal use of the financial resources. Amendment 33 Proposal for a regulation Recital 26 f (new) (26f)  It is important to ensure the sound financial management of the Instrument and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the Instrument to all participants. Amendment 34 Proposal for a regulation Recital 26 g (new) (26g)  The Commission should annually monitor the implementation of the Instrument with the aid of key indicators for assessing results and impacts. The indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the Instrument have been achieved. Amendment 35 Proposal for a regulation Recital 26 h (new) (26h)  Where the Commission implements the budget under shared management, implementation tasks should be delegated to Member States. The Commission and the Member States should respect the principles of sound financial management, transparency and non-discrimination and ensure the visibility of Union action when they manage Union funds. To this end, the Commission and the Member States should fulfil their respective control and audit obligations, and assume the resulting responsibilities laid down in this Regulation. Complementary provisions should be laid down in sector-specific rules. Amendment 36 Proposal for a regulation Recital 28 (28)  The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. (28)  The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of all relevant documents to the European Parliament and to the Council. Amendment 37 Proposal for a regulation Article 2 – point a a (new) (aa) ‘common security standards’ means the application of operational measures in a common and unfragmented manner to obtain a well defined level of security in the border control domain, following the guidelines for good governance on borders and visa, according to the Schengen catalogue for external border control, the Practical Handbook for border guards and the Handbook on visa, and the EUROSUR guidelines; Amendment 38 Proposal for a regulation Article 3 – paragraph 1 1.  The general objective of the Instrument shall be to contribute to ensuring a high level of security in the European Union. 1.  The general objective of the Instrument shall be to contribute to ensuring a high level of security and a uniform and high-quality external border control, while facilitating mobility in a secure environment, in compliance with the Union's commitment to fundamental freedoms and human rights. This objective shall be fulfilled in accordance with the international obligations of the Union and its Member States regarding fundamental freedoms and human rights, including child protection of third-country nationals, the principle of non-refoulement, the right of asylum recognised under the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Geneva Convention; and Union data protection rules. Amendment 39 Proposal for a regulation Article 3 – paragraph 2 – introductory part 2.  Within the general objective set out in paragraph 1, the Instrument shall contribute - in line with the priorities identified in relevant EU Strategies, programmes, threat and risk assessments - to the following specific objectives: 2.  Within the general objective set out in paragraph 1, the Instrument shall contribute - in line with the priorities identified in relevant Union´s strategies, programmes and risk assessments - to the following specific objectives: Amendment 40 Proposal for a regulation Article 3 – paragraph 2 – point a – subparagraph 1 (a) supporting a common visa policy to facilitate legitimate travel, ensure equal treatment of third country nationals and tackle irregular migration (a) supporting a common visa policy to facilitate legitimate travel and mobility, provide a high quality of service to visa applicants, ensure equal treatment in respect of Union citizens, on the one hand, and in respect of third country nationals on the other, and prevent irregular migration Amendment 41 Proposal for a regulation Article 3 – paragraph 2 – point a – subparagraph 2 The achievement of this objective shall be measured against indicators such as, inter alia, the number of consular posts equipped, secured and/or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants The achievement of this objective shall be measured against indicators such as, inter alia, the percentage of consular posts equipped, secured and/or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants, the percentage of overstayers per nationality, the number of common visa application centres, the average length of waiting time for the visa application to be decided upon, the share of multiple entry visas and the average visa cost per consular post. Amendment 42 Proposal for a regulation Article 3 – paragraph 2 – point b – subparagraph 1 (b) supporting borders management, to ensure, on one hand, a high level of protection of external borders and, on the other hand, the smooth crossing of the external borders in conformity with the Schengen acquis (b) supporting EU integrated borders management, promoting further harmonisation and standardisation to ensure, on one hand, a high level of control of external borders and, on the other hand, the smooth crossing of the external borders in conformity with the Schengen acquis, while guaranteeing access to international protection for those needing it, in accordance with the obligations contracted by the Member States in the field of human rights, including the principle of non-refoulement. Amendment 43 Proposal for a regulation Article 3 – paragraph 2 – point b – subparagraph 2 The achievement of this objective shall be measured against indicators such as, inter alia, the development of equipment for border control and the apprehensions of irregular third-country nationals at the external border in correspondence with the risk of the relevant section of the external border. The achievement of this objective shall be measured against indicators such as, inter alia, the number of border crossing points equipped with IT systems, communication infrastructure and equipment supporting the management of migration flows, the apprehensions of irregular third-country nationals at the external border in correspondence with the risk of the relevant section of the external border and the average waiting time at the border crossing points. Amendment 44 Proposal for a regulation Article 3 – paragraph 2 – point b a (new) (ba) improving border surveillance by sharing operational information between Members States and Frontex in order to reduce the loss of lives at sea and the number of irregular immigrants and increase internal security by preventing cross-border crimes, such as trafficking in human beings and the smuggling of drugs. The achievement of this objective shall be measured against indicators such as, inter alia, the efficiency of the intervention of search and rescue for persons attempting to cross the border illegally, the number of trafficking and smuggling actions intercepted and the number of alarms identified in the European Situational Picture. Amendment 45 Proposal for a regulation Article 3 – paragraph 2 – last subparagraph (new) Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured against the indicators. The Commission shall be responsible for the assessment of the achievements. Amendment 46 Proposal for a regulation Article 3 – paragraph 3 – point a (a) promoting the development and implementation of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders; (a) promoting the development and implementation and enforcement of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders; Amendment 47 Proposal for a regulation Article 3 – paragraph 3 – point a a (new) (aa) promoting the identification, immediate assistance and referral to protection services of children at risk, including the provision of special protection and assistance to unaccompanied children; Amendment 48 Proposal for a regulation Article 3 – paragraph 3 – point b (b) gradually establishing an integrated management system for external borders, including the reinforcement of interagency co-operation between migration and law enforcement authorities of Member States at the external borders and measures within the territory and the necessary flanking measures related to document security and identity management; (b) gradually establishing an integrated management system, based on solidarity and responsibility among others, for external borders, including the reinforcement of the Union border checks and surveillance systems, the interagency co-operation between migration, asylum and law enforcement authorities of Member States at the external borders and measures within the territory, including in the maritime border area, and the necessary flanking measures related to saving lives at sea, document security, identity management and the interoperability of acquired technical equipment, while ensuring full compliance with Union data protection rules and full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union; Amendment 49 Proposal for a regulation Article 3 – paragraph 3 – point c (c) promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation; (c) promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation and consular coverage, the promotion of common investigative practices concerning visa applications, uniform administrative procedures and decisions on visas, the development of common visa application centres, making full use of practical improvements and flexibility provided by the Visa Code; Amendment 50 Proposal for a regulation Article 3 – paragraph 3 – point d (d) setting up and running IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union; (d) setting up and running IT systems, their communication infrastructure and equipment that support the control of crossings at the external borders of the Union and fully respect personal data protection legislation; Amendment 51 Proposal for a regulation Article 3 – paragraph 3 – point d a (new) (da) harmonising the quality of the border management systems between the different Member States; Amendment 52 Proposal for a regulation Article 3 – paragraph 3 – point d b (new) (db) reinforcing the situational awareness at the external borders and the reaction capabilities of Member States; Amendment 53 Proposal for a regulation Article 3 – paragraph 3 – point d c (new) (dc) improving the capacity and the qualifications of all authorities and border guards operating at border-crossing points as regards the execution of their surveillance, advisory and control tasks with respect to international human rights law; Amendment 54 Proposal for a regulation Article 3 – paragraph 3 – point e (e) ensuring the efficient and uniform application of the Union’s acquis on borders and visas, including the functioning of the Schengen evaluation and monitoring mechanism; (e) ensuring the efficient and uniform application of the Union’s acquis on borders, asylum and visas, in particular by ensuring the effective functioning of the Schengen evaluation and monitoring mechanism; Amendment 55 Proposal for a regulation Article 3 – paragraph 3 – point f (f) reinforcing the co-operation between Member States operating in third countries as regards the flows of third-country nationals into the territory of Member States, as well as the co-operation with third countries in this regard. (f) reinforcing the co-operation between Member States operating in third countries as regards the funding for measures in third countries by the authorities of those countries, the flows of third-country nationals into the territory of Member States, as well as the co-operation with third countries in this regard, in full compliance with the objectives and principles of Union external action and humanitarian policy. Amendment 56 Proposal for a regulation Article 4 – paragraph 1 – introductory part 1.  Within the objectives defined in Article 3, and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No …/2012 [Horizontal Regulation], the Instrument shall support actions in or by Member States and in particular the following: 1.  Within the objectives defined in Article 3, and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No .../2012 [Horizontal Regulation], the Instrument shall support actions in or by Member States, contributing to reach an adequate level of protection at its external borders in compliance with common security standards and in particular the following: Amendment 57 Proposal for a regulation Article 4 – paragraph 1 – point a (a) border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points and effective tackling of illegal crossing of the external borders; (a) border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points and effective tackling of irregular crossing of the external borders; Amendment 58 Proposal for a regulation Article 4 – paragraph 1 – point b (b) operating equipment, means of transport and communication systems required for effective border control and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology; (b) operating equipment, means of transport and communication systems required for effective and secure border control, search and rescue and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology; Amendment 59 Proposal for a regulation Article 4 – paragraph 1 – point d (d) infrastructures, buildings and operating equipment required for the processing of visa applications and consular co-operation; (d) infrastructures, buildings and operating equipment required for the processing of visa applications and consular co-operation, as well as other actions aimed at improving the quality of service for the visa applicants; Amendment 60 Proposal for a regulation Article 4 – paragraph 1 – point d a (new) (da) training regarding the use of the related systems and promotion of quality management standards; Amendment 61 Proposal for a regulation Article 4 – paragraph 1 – point e (e) studies, pilot projects and actions aiming to foster interagency cooperation within Member States and between Member States, and implementing the recommendations, operational standards and best practices resulting from the operational cooperation between Member States and Union Agencies. (e) studies, projects, joint initiatives, trainings and actions on cross-cutting issues such as fundamental rights including child protection of third-country nationals aiming to foster interagency cooperation within Member States and between Member States, interoperability and harmonisation of border management systems, and implementing the recommendations, operational standards and best practices resulting from the operational cooperation between Member States and Union Agencies. Amendment 62 Proposal for a regulation Article 4 – paragraph 1 – point e a (new) (ea) initiatives regarding the training of border guards in the protection of human rights including identification of victims of human trafficking; Amendment 63 Proposal for a regulation Article 4 – paragraph 2 – introductory part 2.  Within the objectives defined in Article 3, this instrument shall support actions in relation to and in third countries and in particular the following: 2.  Within the objectives defined in Article 3, and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No .../2012 [Horizontal Regulation], this instrument shall support actions in relation to and in third countries and in particular the following: Amendment 64 Proposal for a regulation Article 4 – paragraph 2 – point b a (new) (ba) projects in third countries aimed at improving surveillance systems to ensure cooperation with the EUROSUR network; Amendment 65 Proposal for a regulation Article 4 – paragraph 2 – point c (c) studies, events, training, equipment and pilot projects to provide ad hoc technical and operational expertise to third countries; (c) studies, training, equipment and pilot projects to provide ad hoc technical and operational expertise to third countries; Amendment 66 Proposal for a regulation Article 4 – paragraph 2 – point d (d) studies, events, training, equipment and pilot projects implementing specific recommendations, operational standards and best practices, resulting from the operational cooperation between Member States and Union agencies in third countries. (d) studies, training, equipment and pilot projects on cross-cutting issues such as fundamental rights, including child protection, of third-country nationals, implementing specific recommendations, operational standards and best practices, resulting from the operational cooperation between Member States and Union agencies in third countries. Justification While strengthening of border controls may be necessary, the particular needs of vulnerable people and groups, such as unaccompanied minors, should not be forgotten. Amendment 67 Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (da) initiatives for the training of border guards regarding the protection of human rights; Amendment 68 Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1a (new) Coordination as regards actions in and in relation to third countries shall be ensured by the Commission and the Member States, together with the European External Action Service, as set out in Article 3(4a) of Regulation (EU) No …./2013 [the Horizontal Regulation]. Amendment 69 Proposal for a regulation Article 5 – paragraph 2 2.  The annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Framework. 2.  The annual appropriations for the Fund shall be authorised by the budgetary authority without prejudice to the provisions of the Council Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management. Amendment 70 Proposal for a regulation Article 5 – paragraph 4 – subparagraph 1 4.  The budget allocated under the Instrument shall be implemented under shared management in accordance with Article 55(1)(b) of Regulation (EU) N° …./2012 [New Financial Regulation], with the exception of Union actions referred to in Article 13, the emergency assistance referred to in Article 14 and the technical assistance referred to in Article 16(1). 4.  The budget allocated under the Instrument shall be implemented under direct management (in particular the Union actions referred to in Article 13, the emergency assistance referred to in Article 14 and the technical assistance referred to in Article 16(1)) or under shared management in accordance with Article 55(1)(b) of Regulation (EU) N° …./2012 [New Financial Regulation]. Justification Implementation of the EU's budget under shared management should be the exception, not the rule. Amendment 71 Proposal for a regulation Article 5 – paragraph 4 – subparagraph 2 The method(s) of implementation of the budget for the programme on the development of new IT systems shall be set out in the implementing act referred to in Article 15(2). The method(s) of implementation of the budget for the programme on the development of new IT systems shall be set out in delegated act(s). Amendment 72 Proposal for a regulation Article 5 – paragraph 4 a (new) 4a.  The Commission remains responsible for the implementation of the Union budget in accordance with Article 317 TFEU and shall inform the European Parliament and the Council on the operations carried out by entities other than Member States. Justification Bringing the wording into line with the revised Financial Regulation. Amendment 73 Proposal for a regulation Article 5 – paragraph 5 – introductory part 5.  The global resources shall be used indicatively as follows: 5.  Without prejudice to the prerogatives of the budgetary authority, the global resources shall be used as follows: Amendment 74 Proposal for a regulation Article 6 – paragraph 1 – introductory part 1.  EUR 2,000 million shall be allocated to the Member States indicatively as follows: 1.  The 67 % of the global resources foreseen for the national programmes shall be allocated to the Member States as follows: Amendment 75 Proposal for a regulation Article 6 – paragraph 1 – point a (a)  EUR 1,200 million, as indicated in Annex I; (a) 34  % as follows: (i) a basic amount of EUR 5 million per Member State at the beginning of the financial period; and (ii) a variable amount per Member State calculated on the basis of the average of the amount received under Decision 574/2007/EC for the years 2011, 2012 and 2013; Amendment 76 Proposal for a regulation Article 6 – paragraph 1 – point b (b)  EUR 450 million, based on the results of the mechanism described in Article 7; (b) 13 %, based on the results of the mechanism described in Article 7; Amendment 77 Proposal for a regulation Article 6 – paragraph 1 – point c (c) in the framework of the mid term review and for the period as of budget year 2018, EUR 350 million, the remainder of the available appropriations under this Article or another amount, as determined pursuant to paragraph 2, based on the results of the risk analysis and the mechanism laid down in Article 8. (c) in the framework of the mid term review and for the period as of budget year 2018, 10 %, the remainder of the available appropriations under this Article or another amount, as determined pursuant to paragraph 2, based on the results of the risk analysis and the mechanism laid down in Article 8. Amendment 78 Proposal for a regulation Article 6 – paragraph 1 a (new) 1a.  The Commission shall adopt, by implementing acts, the financial decision implementing point (a) of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2). Amendment 79 Proposal for a regulation Article 6 – paragraph 1 b (new) 1b.  Member States shall devote to EUROSUR the necessary funding in order to ensure the good functioning of this system. Amendment 80 Proposal for a regulation Article 7 – paragraph 1 1.  Member States may, in addition to their allocation calculated in accordance with point (a) of Article 6(1), receive an additional amount, provided that it is earmarked as such in the programme and shall be used to achieve specific actions listed in Annex II. 1.  Member States may, in addition to their allocation calculated in accordance with point (a) of Article 6(1), receive an additional amount, provided that it is earmarked as such in the national programme and shall be used to achieve specific actions listed in Annex II. Amendment 81 Proposal for a regulation Article 7 – paragraph 2 2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II, if deemed appropriate. On the basis of the new specific actions, Member States may receive an additional amount as laid down in paragraph 1, subject to available resources. 2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II. On the basis of the new specific actions, Member States may receive an additional amount as laid down in paragraph 1, subject to available resources and provided the budgetary authority is informed on time. Amendment 82 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 1.  In order to allocate the amount indicated in point c) of Article 6(1), by 1 June 2017 the Commission shall establish, on the basis of input and in consultation with the Frontex Agency, a report which, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020. Threat levels will be based on the burden in border management and on the threats that affected security at the external borders of the Member States in 2014-2016 and they will take into account inter alia possible future trends on migratory flows and unlawful activities at the external borders considering the likely political, economic and social developments in the third countries concerned, in particular in neighbouring countries. 1.  In order to allocate the amount indicated in point (c) of Article 6(1), by 1 January 2017 the Commission shall establish, on the basis of input and in consultation with the Frontex Agency and EASO, a report which, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020. Threat levels will be based on the burden in border management, assessment reports drawn up as part of the Schengen evaluation and monitoring mechanism and on the threats that affected security and safety, including search and rescue operations at sea, at the external borders of the Member States in 2014-2016 and they will take into account inter alia possible future trends on migratory flows and unlawful activities at the external borders considering the likely political, economic and social developments in the third countries concerned, in particular in neighbouring countries. Amendment 83 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – introductory part The report shall determine the level of threat for each section of the external border by multiplying the length of the border section concerned with the weighing attributed to it as follows: The report shall determine the level of risk for each section of the external border by multiplying the length of the border section concerned with the weighing attributed to it as follows: Amendment 84 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point a – point i (i) factor 1 for normal threat (i) factor 1 for normal risk Amendment 85 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point a – point ii (ii) factor 3 for medium threat (ii) factor 3 for medium risk Amendment 86 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point a – point iii (iii) factor 5 for high threat; (iii) factor 5 for high risk; Amendment 87 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point b – point i (i) factor 1 for normal threat (i) factor 1 for normal risk Amendment 88 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point b – point ii (ii) factor 3 for medium threat (ii) factor 3 for medium risk Amendment 89 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point b – point iii (iii) factor 5 for high threat. (iii) factor 5 for high risk. Amendment 90 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 3 On the basis of the report, the Commission shall determine which Member States will receive an additional amount. Those Member States which have an increased threat level in comparison to the threat level established for the calculation made for the budget year 2013 under Decision 574/2007/EC will receive pro rata additional resources. On the basis of the report, and after informing the European Parliament, the Commission shall determine which Member States will receive an additional amount. Those Member States which have an increased level of risk in comparison to the risks identified for the calculation made for the budget year 2013 under Decision No 574/2007/EC will receive pro rata additional resources. Amendment 91 Proposal for a regulation Article 8 – paragraph 2 – point b (b) external maritime borders shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in order to prevent irregular migration/illegal entry, this shall be the outer limit of high threat areas. This shall be determined by taking into account the relevant data on these operations in 2014-2016 as provided by the Member States in question. (b) external maritime borders shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in high risk areas, this may be the outer limit of a contiguous zone as defined in Article 33 of the United Nations Convention on the Law of the Sea. This shall be determined by taking into account the relevant data on these operations in 2014-2016 as provided by the Member States in question. Amendment 92 Proposal for a regulation Article 8 – paragraph 3 – subparagraph 2 To that end, the Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II. deleted Justification This part is deleted because the same text already exists in Article 7(2). Amendment 93 Proposal for a regulation Article 9 – paragraph 1 1.  The national programme to be prepared under this Instrument and those to be prepared under Regulation No …/2012/EU establishing as part of the Internal Security Fund, the instrument for financial support for police co-operation, preventing and combating crime, and crisis management shall be drawn up jointly by Member States and proposed to the Commission as one single national programme for the Fund and in accordance with Article 14 of Regulation (EU) No …./2012 [Horizontal Regulation]. 1.  The national programme to be prepared, on the basis of the conclusions of the policy dialogue referred to in Article 13 of Regulation(EU) No …./2012 [Horizontal Regulation], under this Instrument and that to be prepared under Regulation No …/2012/EU establishing as part of the Internal Security Fund, the instrument for financial support for police co-operation, preventing and combating crime, and crisis management shall be drawn up jointly by Member States and proposed to the Commission as one single national programme for the Fund and in accordance with Article 14 of Regulation (EU) No …./2012 [Horizontal Regulation]. Amendment 94 Proposal for a regulation Article 9 – paragraph 2 – point b (b) supporting and expanding the existing capacity at national level in the management of the external borders, bearing in mind inter alia new technology, developments and/or standards in relation to the management of migration flows; (b) supporting and expanding the existing capacity at national level in visa policy and in the management of the external borders, with a view to prevent irregular migration and lives lost at sea, and to facilitate legitimate travel, including border crossings by persons in need of international protection, bearing in mind inter alia, developments and/or standards in relation to the management of migration flows; Amendment 95 Proposal for a regulation Article 9 – paragraph 2 – point c (c) supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating legitimate travel to and preventing irregular migration into the Union; (c) supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating travel in accordance with the law of the Union or the Member State concerned and preventing irregular migration into the Union; Justification The term ‘legitimate’ is ambiguous and it is necessary to be more precise. Amendment 96 Proposal for a regulation Article 9 – paragraph 2 – point d a (new) (da) developing projects following the recommendation of the relevant Union agencies, with a view to ensure a uniform and high-quality external border control and aiming at standardisation and interoperability of border management systems between Member States; Amendment 97 Proposal for a regulation Article 9 – paragraph 2 – point d b (new) (db) supporting actions, under supervision and coordination of the Frontex Agency, aimed at harmonising at Union level the technological capabilities of the external border management; Amendment 98 Proposal for a regulation Article 9 – paragraph 2 – point e a (new) (ea) ensuring the full compliance with international and European obligations, including human rights obligations and the monitoring thereof, in close cooperation with third countries and civil society; Amendment 99 Proposal for a regulation Article 9 – paragraph 2 – point f (f) increasing the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the Union, taking into account in particular the Frontex risk analysis. (f) building the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the Union, taking into account in particular the Frontex risk analysis. Amendment 100 Proposal for a regulation Article 10 – paragraph 1 1.  A Member State may use up to 50% of the amount allocated under the Instrument to its national programme to finance operating support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union. These tasks and services relate to the one or more of the objectives referred to in Article 3(2) (a), (c) and (d). 1.  A Member State may use up to 30 % of the amount allocated under the Instrument to its national programme to finance operating support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union. These tasks and services relate to the one or more of the objectives referred to in Article 3(3) (a), (b), (c) and (d). Amendment 101 Proposal for a regulation Article 10 – paragraph 2 – point a (a) compliance with the Union acquis on borders and visa; (a) compliance with the Union acquis on borders, asylum and visa; Amendment 102 Proposal for a regulation Article 10 – paragraph 2 – point a a (new) (aa) compliance with the objectives of the national programme; Amendment 103 Proposal for a regulation Article 10 – paragraph 2 – point a b (new) (ab) compliance with a list of priorities defined by the Frontex Agency in order to reach the common security standards and ensure coordination between Member States, avoid duplication, fragmentation and cost inefficiency in the border control domain; Amendment 104 Proposal for a regulation Article 10 – paragraph 5 a (new) 5a.  If shortcomings are identified through the Schengen evaluation mechanism, operational support shall be suspended and these resources may be reallocated with a view to remedying the shortcomings identified in accordance with the provisions of Article 12 of that Regulation. Amendment 105 Proposal for a regulation Article 10 – paragraph 6 6.  The Commission shall set out, by implementing acts, reporting procedures on the application of this provision and any other practical arrangements, to be made between Member States and the Commission to comply with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2). 6.  The Commission shall set out, by delegated acts, reporting procedures on the application of this provision and any other practical arrangements, to be made between Member States and the Commission to comply with this Article. Those delegated acts shall be adopted in accordance with Article 17. Amendment 106 Proposal for a regulation Article 10 – paragraph 6 a (new) 6a.  The Frontex Agency shall ensure coordination between Member States as regards the activities financed under the operating support. Amendment 107 Proposal for a regulation Article 11 – paragraph 2 2.  The resources allocated to Lithuania pursuant to paragraph 1 shall not exceed EUR 150 million for the period 2014-2020 and shall be made available as additional specific operating support for Lithuania. 2.  The resources allocated to Lithuania pursuant to paragraph 1 shall not exceed 4 % of the global resources for the period 2014-2020 and shall be made available as additional specific operating support for Lithuania. Amendment 108 Proposal for a regulation Article 12 – subparagraph 1 Following a Schengen evaluation report, as adopted in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the Member State concerned shall examine, together with the Commission and the Frontex Agency, where appropriate, how to address the findings and implement the recommendations within the framework of its national programme. Following a Schengen evaluation report, as adopted in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the Member State concerned shall examine, together with the Commission and the Frontex Agency, where appropriate, how to address the deficiencies and implement the recommendations within the framework of its national programme. Amendment 109 Proposal for a regulation Article 12 – subparagraph 2 Where necessary, a Member State shall revise its national programme to take into account the findings and recommendations. A Member State shall revise its national programme to take into account the findings and recommendations. Amendment 110 Proposal for a regulation Article 12 – subparagraph 3 In dialogue with the Commission and the Frontex Agency, where appropriate, it shall reallocate resources under its programme, including, where necessary, those programmed for operating support, and/or introduce or amend actions aiming to remedy the weaknesses in accordance with the findings and recommendations of the Schengen evaluation report. Particular attention shall be paid to the financing of corrective actions. In dialogue with the Commission and the Frontex Agency, the Member State concerned shall reallocate resources under its programme, including those programmed for operating support, and/or introduce or amend actions aiming to remedy the weaknesses in accordance with the findings and recommendations of the Schengen evaluation report. Any additional costs shall be eligible for financing under the Instrument. Amendment 111 Proposal for a regulation Article 13 – paragraph 2 – point b (b) to improve the knowledge and understanding of the situation prevailing in the Member States through analysis, evaluation and close monitoring of policies; (b) to improve the knowledge and understanding of the situation prevailing in the Member States and third countries through analysis, evaluation and close monitoring of policies; Amendment 112 Proposal for a regulation Article 13 – paragraph 2 – point c (c) to support the development of statistical tools and methods and common indicators; (c) to support the development of common statistical tools and methods and common indicators; Amendment 113 Proposal for a regulation Article 13 – paragraph 2 – point d (d) to support and monitor the implementation of Union law and Union policy objectives in the Member States, and assess their effectiveness and impact; (d) to support and monitor the implementation of Union law and Union policy objectives in the Member States, and assess their effectiveness and impact, including with regard to the respect of human rights and fundamental freedoms; Amendment 114 Proposal for a regulation Article 13 – paragraph 2 – point e (e) to promote networking, mutual learning, identification and dissemination of good practices and innovative approaches at European level; (e) to promote networking, mutual learning, identification and dissemination of best practices and innovative approaches amongst different stakeholders at European level; Amendment 115 Proposal for a regulation Article 13 – paragraph 2 – point e a (new) (ea) to promote projects aiming at standardisation, harmonisation and interoperability with a view to developing an integrated European border management system; Amendment 116 Proposal for a regulation Article 13 – paragraph 2 – point g (g) to boost the capacity of European networks to promote, support and further develop Union policies and objectives; (g) to boost the capacity of European networks to assess, promote, support and further develop Union policies and objectives; Amendment 117 Proposal for a regulation Article 13 – paragraph 2 – point i a (new) (ia) to support coordinating activities and information sharing between EUROPOL, the Frontex Agency and the Agency for the Operational Management of Large-Scale IT-Systems. Amendment 118 Proposal for a regulation Article 15 – paragraph 1 1.  The indicative amount allocated for the programme on the development of the new IT systems managing the movement of third-country nationals across borders is set at EUR 1,100 million. The programme shall be implemented in accordance with the Union legislation defining the new IT systems and their communication infrastructure with the aim, in particular, to improving the management and control of travel flows at the external borders by reinforcing checks while speeding up border crossings for regular travellers. 1.  The programme on the development of the new IT systems may build on existing structures and shall be implemented in accordance with the Union legislation defining the new IT systems and their communication infrastructure with the aim, in particular, to improving the management and control of travel flows at the external borders by reinforcing checks while speeding up border crossings for regular travellers and ensuring synergies with existing IT systems and avoiding double spending. Amendment 119 Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 The main actions to be carried out should cover in particular, the development and testing of the central component and of the applications common to the national components of the systems, the communication infrastructure between central and national components, the coordination for putting them into operation, and the security management of the systems. The main actions to be carried out should cover in particular, the development and testing of the central component and of the applications common to the national components of the systems, the communication infrastructure between central and national components, the coordination for putting them into operation, the coordination and the interoperability with the other IT systems in the field of border management, and the security management of the systems. Amendment 120 Proposal for a regulation Article 15 – paragraph 2 – subparagraph 3 The Commission shall adopt, by implementing acts, the strategic framework and any revisions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2). The Commission shall adopt delegated acts in accordance with Article 17 concerning the strategic framework and any revisions. Amendment 121 Proposal for a regulation Article 15 – paragraph 2 – subparagraph 3 a (new) The Commission shall inform the European Parliament and the Council of progress in developing new IT systems at least once a year and whenever appropriate. Amendment 122 Proposal for a regulation Article 17 – paragraph 2 2.  The delegation of power referred to in this Regulation shall be conferred on the Commission for a period of seven years from the entry into force of this Regulation. The delegation of powers shall be tacitly extended for periods of identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 2.  The delegation of power referred to in this Regulation shall be conferred on the Commission for a period of seven years from the entry into force of this Regulation. Amendment 123 Proposal for a regulation Article 17 – paragraph 5 5.  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. 5.  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or the Council. Amendment 124 Proposal for a regulation Article 22 Article 21 Article 22 Review Review On the basis of a proposal of the Commission, the European Parliament and the Council shall review this Regulation by 30 June 2020 at the latest. By 30 June 2018, the Commission shall propose a revision of this Regulation for the new financial period. Amendment 125 Proposal for a regulation Annex I Annex deleted Amendment 126 Proposal for a regulation Annex III – Objective 1 – indent 2 – staff cost – staff costs, including for training Amendment 127 Proposal for a regulation Annex III – Objective 2 – indent 2 – staff cost – staff costs, including for training Amendment 128 Proposal for a regulation Annex III – Objective 3 – indent 2 – staff cost – staff costs, including for training Amendment 129 Proposal for a regulation Annex III – paragraph 3 – introductory part Objective 3: setting up and running IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union Objective 3: setting up and running secure IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union Amendment 130 Proposal for a regulation Annex III – paragraph 3 – indent 4 – communication infrastructure and security related matters – communication infrastructure and security as well as data protection related matters

European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund (COM(2011)0751 – C7-0443/2011 – 2011/0366(COD) – (2013/2504(RSP))

P7_TA(2013)0020 B7-0002/2013

The European Parliament,

–  having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs,

–  having regard to Rules 70(2) and 70a of its Rules of Procedure,

decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

Draft legislative resolution   Amendment Amendment 1 Draft legislative resolution Citation 6 a (new) – having regard to its resolution of 18 May 2010 on the establishment of a joint EU resettlement programme1 namely the paragraphs on the creation of a European Resettlement Unit; 1 OJ C 161 E, 31.5.2011, p. 1. Amendment 2 Draft legislative resolution Paragraph 1 a (new) 1a.  Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020; Amendment 3 Draft legislative resolution Paragraph 1 b (new) 1b.  Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’1; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5% compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; 1 Texts adopted, P7_TA(2011)0266. Amendment 4 Draft legislative resolution Paragraph 1 c (new) 1c.  Emphasises that, in view of the tasks already identified and concluded by the Union, the Commission needs to reflect those policy priorities in a foresighted and adequate manner in the proposal; Amendment 5 Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2) and 79(2) and (4) thereof, Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2), 79(2) and (4), and 80 thereof, Amendment 6 Proposal for a regulation Recital 2 a (new) (2a)  In its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe1, the European Parliament stressed the need for an integrated approach towards pressing immigration and asylum questions as well as towards the management of the external borders of the Union, with sufficient funding and support tools to handle emergency situations made available in a spirit of respect for human rights and solidarity amongst all Member States, respecting national responsibilities and a clear definition of tasks. It further noted that, in this regard, the increased challenges of FRONTEX, the European Asylum Support Office and the Funds on Solidarity and Management of Migration Flows need to be duly taken into consideration. 1 Texts adopted, P7_TA(2011)0266. Justification Paragraph 107 of the resolution of 8 June 2011 ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ Amendment 7 Proposal for a regulation Recital 2 b (new) (2b)  In its resolution of 8 June 20111, the European Parliament further emphasised the need to develop better synergies between different funds and programmes and points to the fact that the simplification of the management of funds and allowing cross-financing enable the allocation of more funds to common objectives, welcomed the Commission's intention to reduce the total number of budgetary instruments in home affairs in a two pillar structure and where possible under shared management and expressed its belief that this approach should contribute significantly to an increased simplification, rationalisation, consolidation and transparency of the current funds and programmes. It stressed, however, the need to ensure that the different objectives of home affairs policies will not be mixed up. 1 Texts adopted, P7_TA(2011)0266. Justification Paragraph 109 of the resolution of 8 June 2011 ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ Amendment 8 Proposal for a regulation Recital 9 a (new) (9a)  The fund should provide support for establishing measures which would enable asylum seekers to access Union asylum system in a safe manner without resorting to people smugglers or criminal networks and without putting their lives in danger. Amendment 9 Proposal for a regulation Recital 13 a (new) (13a)  The resources of the Fund should be used consistently with the Common Basic Principles on Integration, as specified in the Common Programme for Integration. Amendment 10 Proposal for a regulation Recital 16 (16)  The Fund should support Member States in setting up strategies organising legal migration, enhancing their capacity to develop, implement, monitor and evaluate in general all immigration and integration strategies, policies and measures for third country nationals, including Union legal instruments. The Fund should also support the exchange of information, best practices and co-operation between different departments of administration as well as with other Member States. (16)  The Fund should support Member States in setting up strategies organising legal migration, enhancing their capacity to develop, implement, monitor and evaluate in general all immigration and integration strategies, policies and measures for third country nationals, including Union legal instruments. The Fund should also support the exchange of information, best practices and co-operation between different departments of administration as well as with other Member States. Technical assistance is essential to enable the Member States to support the implementation of their national programmes, assist beneficiaries in complying with their obligations and Union law and in turn to increase the visibility of and accessibility to EU funds. Amendment 11 Proposal for a regulation Recital 23 (23)  The Fund should complement and reinforce the activities undertaken by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex Agency) established by Council Regulation (EC) No 2007/2004 of 26 October 2004 , one of the tasks of which is to provide the necessary support for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and the removal of third country nationals illegally present in the territories of the Member States. (23)  The Fund should complement and reinforce the activities undertaken by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex Agency) established by Council Regulation (EC) No 2007/2004 of 26 October 2004 , one of the tasks of which is to provide the necessary support for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and the removal of third country nationals illegally present in the territories of the Member States. It should also enable the Agency to fulfil its obligations and those of the Union and the Member States regarding sea rescue. Amendment 12 Proposal for a regulation Recital 24 (24)  The Fund should be implemented in full respect with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union. In particular, eligible actions should take account of the specific situation of vulnerable persons, in particular, with special attention and dedicated responses to unaccompanied minors and other minors at risk. (24)  The Fund should be implemented in full respect with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and in international instruments, in particular the Geneva Convention of 28 July 1951, the Universal Declaration of Human Rights of 10 December 1948, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on the Elimination of All Forms of Racial Discrimination, the United Nations Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Convention on the Rights of the Child,the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Eligible actions should take account of the human-rights-based approach to the protection of migrants, refugees and asylum-seekers, and especially the specific situation of vulnerable persons, with women, unaccompanied minors and other minors at risk receiving special attention and dedicated responses. Amendment 13 Proposal for a regulation Recital 25 (25)  Measures in and in relation to third countries supported through the Fund should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be ensured with the Union humanitarian policy, in particular as regards the implementation of emergency assistance. (25)  Measures in and in relation to third countries supported through the Fund should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions that are directly oriented towards development and they should complement, when appropriate, the financial assistance provided through external aid instruments while respecting the principle of policy coherence for development, as required by Article 35 of the Consensus on Development. It will also be important to ensure that the implementation of emergency assistance is consistent with and complementary to the Union humanitarian policy and respects humanitarian principles as set out in the Consensus on Humanitarian Aid. Amendment 14 Proposal for a regulation Recital 26 (26)  A large part of the available resources under the Fund should be allocated proportionally to the responsibility borne by each Member State through its efforts in managing migration flows on the basis of objective criteria. For that purpose, the latest available statistical data relating to the migration flows, such as the number of first asylum applications, the number of positive decisions granting refugee or subsidiary protection, the number of resettled refugees, the number of legally residing third-country nationals, the number of third-country nationals who have obtained an authorisation issued by a Member State to reside, the number of return decisions issued by the national authorities and the number of effected returns should be used. (26)  A large part of the available resources under the Fund should be allocated proportionally to the responsibility borne by each Member State through its efforts in managing migration flows on the basis of objective criteria. For that purpose, the latest available statistical data relating to the migration flows, such as the number of first asylum applications, the number of positive decisions granting refugee or subsidiary protection, the number of resettled refugees, the number of legally residing third-country nationals, the number of third-country nationals who have obtained an authorisation issued by a Member State to reside, the number of irregular migrants apprehended at the external borders of the Member States, the number of return decisions issued by the national authorities and the number of effected returns should be used. In addition, however, it is important to take account of the economic resources of each Member State as well as its geographical size. In-depth research is also necessary to identify and quantify actual costs for the Member States. Amendment 15 Proposal for a regulation Recital 29 (29)  In the light of the progressive establishment of a Union Resettlement Programme, the Fund should provide targeted assistance in the form of financial incentives (lump sums) for each resettled refugee. (29)  In the light of the progressive establishment of a Union Resettlement Programme, the Fund should provide targeted assistance in the form of financial incentives (lump sums) for each resettled refugee. The Commission in cooperation with the EASO and according to their respective competences should monitor the effective implementation of resettlement operations supported under the Fund. Amendment 16 Proposal for a regulation Recital 33 (33)  To enhance the solidarity and share better the responsibility between the Member States, in particular towards those most affected by asylum flows, a similar mechanism based on financial incentives should also be established for relocation of beneficiaries of international protection. (33)  To enhance the solidarity and share better the responsibility between the Member States, in particular towards those most affected by asylum flows, a similar mechanism based on financial incentives should also be established for relocation of beneficiaries of international protection. The mechanism should have sufficient resources to compensate Member States receiving higher numbers of asylum seekers and beneficiaries of international protection, either in absolute or proportional terms, and to help those with less-developed asylum systems. Amendment 17 Proposal for a regulation Recital 35 a (new) (35a)  To this end, technical assistance is essential to enable Member States to implement their national programmes, assist beneficiaries, meet their obligations, comply with Union law and hence enhance the visibility and accessibility of EU funding. Amendment 18 Proposal for a regulation Recital 35 b (new) (35b)  While meeting flexibility criteria, the structural simplification of instruments and expenditure should continue to fulfil requirements in terms of predictability and reliability and ensure a fair and transparent distribution of resources under the Asylum and Migration Fund. Amendment 19 Proposal for a regulation Recital 35 c (new) (35c)  The simplification of the funding structures – while providing flexibility – should maintain predictability and reliability and a balanced share should be ensured for each objective of the fund through the national programmes. Therefore, a fair share of financial resources should be allocated under the Asylum and Migration Fund in the 2014-2020 Multiannual Financial Framework to ensure continuity in supporting the objectives of the Refugee Fund and Integration Fund of the 2007-2013 Financial Framework. Amendment 20 Proposal for a regulation Recital 36 (36)  It is important for enhanced solidarity that the Fund provides additional support to address emergency situations of heavy migratory pressure in Member States or third-countries or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, through emergency assistance. (36)  It is important for enhanced solidarity that the Fund provides, in coordination and synergy with the humanitarian assistance managed by the European Community Humanitarian Aid Office (ECHO), additional support to address emergency situations of heavy migratory pressure in Member States or third countries or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, through emergency assistance. Amendment 21 Proposal for a regulation Recital 37 (37)  This Regulation should ensure the continuation of the European Migration Network set up by Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network and provide financial assistance necessary for its activities in line with its objectives and tasks as set out in this Regulation. (37)  This Regulation should ensure the continuation of the European Migration Network set up by Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network and provide financial assistance necessary for its activities in line with its objectives and tasks as set out in this Regulation. In this respect, safeguards should be included within the asylum and migration fund in order to prevent the excessive allocation of funds to only one policy area at the expense of the Common European Asylum System as a whole. Amendment 22 Proposal for a regulation Recital 42 a (new) (42a)  Spending of funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies. Amendment 23 Proposal for a regulation Recital 42 b (new) (42b)  There is a need to maximise the impact of EU funding by mobilising, pooling and leveraging public and private financial resources. Amendment 24 Proposal for a regulation Recital 42 c (new) (42c)  Utmost transparency, accountability and democratic scrutiny for innovative financial instruments and mechanisms that involve the Union budget should be ensured. Amendment 25 Proposal for a regulation Recital 42 d (new) (42d)  Better implementation and quality of spending should constitute guiding principles for achieving the objectives of the Fund while ensuring optimal use of the financial resources. Amendment 26 Proposal for a regulation Recital 42 e (new) (42e)  It is important to ensure the sound financial management of the Fund and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the Fund to all participants. Amendment 27 Proposal for a regulation Recital 42 f (new) (42f)  The Commission should annually monitor the implementation of the Fund with the aid of key indicators for assessing results and impacts. These indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the Fund have been achieved. Amendment 28 Proposal for a regulation Recital 43 (43)  For the purpose of its management and implementation, the Fund should form part of a coherent framework consisting of this Regulation and Regulation (EU) No […/…] of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument of financial support for police cooperation, preventing and combating crime, and crisis management. (43)  For the purpose of its management and implementation, the Fund should form part of a coherent framework consisting of this Regulation and Regulation (EU) No […/…] of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument of financial support for police cooperation, preventing and combating crime, and crisis management. For the purpose of this Fund, however, the partnership referred to in Article 12 of Regulation (EU) No .../... [Horizontal Regulation] should include amongst the participating authorities the competent regional, local and municipal authorities, international organisations and bodies representing civil society, such as non-governmental organisations and social partners. Amendment 29 Proposal for a regulation Article 1 – paragraph 3 3.  This Regulation provides for the application of the the rules set out in Regulation (EU) No … [Horizontal Regulation]. 3.  This Regulation provides for the application of the rules set out in Regulation (EU) No … [Horizontal Regulation], without prejudice to Article 4(a) of this Regulation. Amendment 30 Proposal for a regulation Article 2 – paragraph 1 – point a – introductory part (a) ‘resettlement’ means the process whereby, on a request from the United Nations High Commissioner for Refugees (UNHCR) based on a person’s need for international protection, third-country nationals or stateless persons having the status defined by the Geneva Convention of 28 July 1951 and who are permitted to reside as refugees in one of the Member States are transferred from a third-country and established in a Member State where they are permitted to reside with one of the following statuses: (a) ‘resettlement’ means the process whereby, on a request from the United Nations High Commissioner for Refugees (UNHCR) based on a person’s need for international protection, third-country nationals or stateless persons are transferred from a third-country and established in a Member State where they are permitted to reside with one of the following statuses: Amendment 31 Proposal for a regulation Article 2 – paragraph 1 – point a – point i (i) refugee status within the meaning of point 2(d) of Article 2 of Directive 2004/83/EC or (i) refugee status within the meaning of point 2(e) of Article 2 of Directive 2011/95/EU or Amendment 32 Proposal for a regulation Article 2 – paragraph 1 – point a – point i a (new) (ia) subsidiary protection status within the meaning of Article 2(g) of Directive 2011/95/EU or Amendment 33 Proposal for a regulation Article 2 – paragraph 1 – point b (b) ‘relocation’ means the process whereby persons referred to in points (a) and (b) of Article 4(1) are transferred from the Member State which granted them international protection to another Member State where they will be granted equivalent protection, or persons falling within the category referred to in point (c) of Article 4(1), are transferred from the Member State which is responsible for examining their application to another Member State where their application for international protection will be examined. (b) ‘relocation’ means the process whereby persons referred to in points (a) and (b) of Article 4(1) are transferred from the Member State which granted them international protection to another Member State where they will be granted immediately equivalent protection, or persons falling within the category referred to in point (c) of Article 4(1), are transferred from the Member State which is responsible for examining their application to another Member State where their application for international protection will be examined. Amendment 34 Proposal for a regulation Article 2 – paragraph 1 – point f – point i (i) heavy migratory pressure in one or more Member States characterised by a large and disproportionate inflow of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum systems and procedures, (i) specific pressures in one or more Member States characterised by the sudden arrival of a large number of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum systems and procedures, or Amendment 35 Proposal for a regulation Article 3 – paragraph 1 1.  The general objective of the Fund shall be to contribute to an effective management of migration flows in the Union as part of the area of freedom, security and justice, in accordance with the common policy on asylum, subsidiary protection and temporary protection and the common immigration policy. 1.  The general objective of the Fund, as part of the area of freedom, security and justice, shall be to strengthen and develop common policy on asylum, subsidiary protection and temporary protection and to strengthen and develop the common immigration policy, while respecting policy coherence for development and the human-rights-based approach to the protection of migrants, refugees and asylum-seekers. Amendment 36 Proposal for a regulation Article 3 – paragraph 2 – point a – subparagraph 2 The achievement of this objective shall be measured by indicators, inter alia, the level of improvement in asylum reception conditions, in the quality of asylum procedures, in the convergence of recognition rates across Member States and in Member States’ resettlement efforts. The achievement of this objective shall be measured by the Commission against both qualitative and quantitative indicators, inter alia, the level of improvement in asylum reception conditions, in the quality of asylum procedures and increased convergence of decision-making in similar case profiles, in the provision of reliable, objective and up-to-date information on countries of origin and in resettlement efforts. Amendment 37 Proposal for a regulation Article 3 – paragraph 2 – point a a (new) (aa) to support measures for safe access to Europe's asylum system; The achievement of this objective shall be measured by indicators, inter alia, the opportunities that asylum seekers have to access Union asylum system in a safe manner without resorting to people smugglers and criminal networks and without putting their lives in danger. Amendment 38 Proposal for a regulation Article 3 – paragraph 2 – point b – subparagraph 1 (b) to support legal migration to the Union in line with the economic and social needs of Member States and promote the effective integration of third-country nationals, including of asylum seekers and beneficiaries of international protection; (b) to support legal migration to the Union in line with the economic and social needs of Member States, promote the effective integration of third-country nationals and strengthen respect for the fundamental rights of migrants, including asylum seekers and beneficiaries of international protection; Amendment 39 Proposal for a regulation Article 3 – paragraph 2 – point b – subparagraph 2 The achievement of this objective shall be measured by indicators, inter alia, the level of increased participation of third-country nationals in employment, education and in democratic processes. The achievement of this objective shall be measured by the Commission against both qualitative and quantitative indicators, inter alia, the level of increased participation of third-country nationals and stateless persons in employment, education and in democratic processes, access to housing and healthcare. Amendment 40 Proposal for a regulation Article 3– paragraph 2 – point c – subparagraph 2 The achievement of this objective shall be measured by indicators, inter alia, the number of returnees. The achievement of this objective shall be measured by the Commission against both qualitative and quantitative indicators such as, inter alia, the number of returnees, the number of persons having benefited from reintegration measures (either prior or subsequent to their return), the number of voluntary returns, and the quality of the systems for monitoring enforced returns. Amendment 41 Proposal for a regulation Article 3 – paragraph 2 – point d – subparagraph 1 (d) to enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows. (d) to enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows, including through practical cooperation. Amendment 42 Proposal for a regulation Article 3– paragraph 2 – point d – subparagraph 2 The achievement of this objective shall be measured by indicators, inter alia, the level of increased mutual assistance between Member States including through practical cooperation and relocation. The achievement of this objective shall be measured by the Commission against both qualitative and quantitative indicators, inter alia, the level of increased mutual assistance between Member States including through practical cooperation and relocation, and the level of human resources made available through EASO. Amendment 43 Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 a (new) Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured by the indicators. Amendment 44 Proposal for a regulation Article 3 – paragraph 2 a (new) 2a.  The achievement of the specific objectives referred to in paragraph 2 shall be measured by both qualitative and quantitative cross-cutting indicators, inter alia improvement of child protection provisions, promotion of respect for family life, access to basic services and assistance to unaccompanied minors regardless of their residence status. Amendment 45 Proposal for a regulation Article 3 – paragraph 2 b (new) 2b.  Measures taken to achieve the objectives defined in paragraphs 1 and 2 shall be fully coherent with and complementary to measures supported through the external financing instruments of the Union and comply with the objectives and principles of the Union external action. Amendment 46 Proposal for a regulation Article 3 – paragraph 2 c (new) 2c.  The objectives laid down in paragraphs 1 and 2 shall be achieved with due regard for the principles and objectives of the Union’s humanitarian policy. Consistency and complementarity with the measures funded by the Union’s external financing instruments shall be ensured in accordance with Article 24a. Amendment 47 Proposal for a regulation Article 4 – paragraph 1 – point b (b) any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive 2004/83/EC; (b) any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive 2011/95/EU; Amendment 48 Proposal for a regulation Article 4 – paragraph 1 – point f (f) any third-country national who is residing legally in a Member State or who is in the process of acquiring legal residence in a Member State; (f) any third-country national or stateless person who is residing legally in a Member State or who is in the process of acquiring legal residence in a Member State; Amendment 49 Proposal for a regulation Article 4 – paragraph 1 – point g (g) any third-country national who is on the territory of a third country, who intend to migrate to the Union and who comply with specific pre-departure measures and/or conditions set out in national law, including those relating to the ability to integrate in the society of a Member State; (g) any third-country national or stateless person who is on the territory of a third country, who intend to migrate to the Union and who comply with specific pre-departure measures and/or conditions set out in national law, including those relating to the ability to integrate in the society of a Member State; Amendment 50 Proposal for a regulation Article 4 – paragraph 1 – point h (h) any third-country national who has not yet received a final negative decision in relation to their request to stay, legal residence and/or international protection in a Member State and who may choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State; (h) any third-country national or stateless person who has not yet received a final negative decision in relation to their request to stay, legal residence and/or international protection in a Member State and who may choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State; Amendment 51 Proposal for a regulation Article 4 – paragraph 1 – point i (i) any third-country national enjoying the right to stay, legal residence or a form of international protection within the meaning of Directive 2004/83/EC or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who has chosen to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State; (i) any third-country national or stateless person enjoying the right to stay, legal residence or a form of international protection within the meaning of Directive 2011/95/EU or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who has chosen to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State; Amendment 52 Proposal for a regulation Article 4 – paragraph 1 – point j (j) any third-country national who does not or no longer fulfil the conditions for entry and/or stay in a Member State. (j) any third-country national or stateless person present on the territory of a Member State who does not or no longer fulfil the conditions for entry and/or stay in a Member State including third country nationals whose return process has been formally or informally postponed. Amendment 53 Proposal for a regulation Article 4 a (new) Article 4a Partnership For the purposes of this Fund, the partnership referred to in Article 12 of Regulation (EU) No .../... [Horizontal Regulation] shall include amongst the participating authorities the competent regional, local and municipal authorities, international organisations and bodies representing civil society, such as non-governmental organisations and social partners. Amendment 54 Proposal for a regulation Article 5 – paragraph 1 – point a (a) provision of material aid, education, training, support services, health and psychological care; (a) provision of material aid, including humanitarian assistance at the border, education, training, support services, health and psychological care; Amendment 55 Proposal for a regulation Article 5 – paragraph 1 – point a a (new) (aa) setting up and improvement of administrative structures, systems and training for staff and relevant administrative and judicial authorities so as to ensure smooth and easy access to asylum procedures for asylum seekers and ensure efficient and high-quality asylum procedures; Amendment 56 Proposal for a regulation Article 5 – paragraph 1 – point a b (new) (ab) improvement and maintenance of existing accommodation infrastructure and services; Amendment 57 Proposal for a regulation Article 5 – paragraph 1 – point d (d) specific assistance for vulnerable persons such as minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons with serious physical illnesses, mental illnesses or post-traumatic disorders, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence; (d) specific assistance for vulnerable persons such as minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons with serious physical illnesses, mental illnesses or post-traumatic disorders, persons at risk of violence due to a personal characteristic referred to in Article 21 of the Charter of Fundamental Rights, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence; Amendment 58 Proposal for a regulation Article 5 – paragraph 1 – point e (e) information for local communities as well as training for the staff of local authorities, who will be interacting with those being received; (e) information for local communities as well as training for the staff of local authorities, who will be interacting with those being received, especially on compliance with fundamental rights of asylum seekers; this includes training for staff who will be interacting with vulnerable persons referred to in point (d); Amendment 59 Proposal for a regulation Article 5 – paragraph 1 – point f a (new) (fa) establishment, development and improvement of alternative measures to detention. Amendment 60 Proposal for a regulation Article 5 – paragraph 2 – point a (a) establishment, development and improvement of accommodation infrastructure and services; (a) establishment, development running and improvement of accommodation infrastructure and services; Amendment 61 Proposal for a regulation Article 5 – paragraph 2 – point b (b) setting up of administrative structures, systems and training of staff and relevant judicial authorities to ensure smooth and easy access to asylum procedures for asylum seekers and efficient and quality asylum procedures. (b) setting up of administrative structures, systems and training of staff and relevant administrative and judicial authorities to ensure smooth and easy access to asylum procedures for asylum seekers and efficient and quality asylum procedures. Amendment 62 Proposal for a regulation Article 6 – paragraph 1 – point a (a) actions enhancing the capacity of Member States to collect, analyse and disseminate data and statistics on asylum procedures, reception capacities, resettlement and relocation actions; (a) actions enhancing the capacity of Member States - including in relation to the mechanism for early warning, preparedness and crisis management established in Regulation (EU) No [.../...] [the Dublin Regulation] - to collect, analyse and disseminate qualitative and quantitative data on asylum procedures, reception capacities, resettlement and relocation actions; Amendment 63 Proposal for a regulation Article 6 – paragraph 1 – point b (b) actions directly contributing to the evaluation of asylum policies, such as national impact assessments, surveys amongst target groups, the development of indicators and benchmarking. (b) actions directly contributing to the evaluation of asylum policies, such as national impact assessments, surveys amongst target groups and other relevant stakeholders, the development of indicators and benchmarking. Justification Assessment practices must be as inclusive as possible. Amendment 64 Proposal for a regulation Article 7 – paragraph 1 – point b (b) establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement and relocation actions; (b) establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement and relocation actions, including language assistance and complying with the fundamental rights of the persons concerned; Amendment 65 Proposal for a regulation Article 7 – paragraph 1 – point f a (new) (fa) actions for family reunification purposes for persons being resettled in a Member State; Amendment 66 Proposal for a regulation Article 7 – paragraph 1 – point g (g) strengthening of infrastructure and services in the countries designated for the implementation of Regional Protection Programmes. (g) strengthening of migration and asylum relevant infrastructure and services in the countries designated for the implementation of Regional Protection Programmes; Amendment 67 Proposal for a regulation Article 7 – paragraph 1 – point g a (new) (ga) establishment and development of strategies on resettlement and relocation, including needs analysis, improvement of indicators and evaluation. Amendment 68 Proposal for a regulation Article 7 – paragraph 1 – point g b (new) (gb) creating conditions conductive to the integration, autonomy and self-reliance of resettled refugees on a long-term basis. Amendment 69 Proposal for a regulation Article 8 – paragraph 1 – introductory part In order to facilitate legal migration to the Union and better to prepare persons referred to in point (g) of Article 4(1) for their integration into the receiving society within the specific objective defined in point (b) of Article 3(2) and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of the Regulation (EU) No …/… [Horizontal Regulation], the following actions taking place in the country of origin, shall in particular be eligible: In order to facilitate legal migration to the Union and better to prepare persons referred to in point (g) of Article 4(1) for their integration into the receiving society within the specific objective defined in point (b) of Article 3(2) and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of the Regulation (EU) No …/… [Horizontal Regulation], the following actions taking place in the country of origin shall in particular be eligible, while respecting policy coherence for development and, in particular, EU commitments in support of combating the brain drain: Amendment 70 Proposal for a regulation Article 8 – paragraph 1 – point a (a) information packages and awareness-raising campaigns, including via user friendly communication and information technology and websites; (a) information packages and awareness-raising campaigns, including via user friendly communication and information technology and websites, disseminated in the different countries in a coordinated way and in accordance with a common European message; Amendment 71 Proposal for a regulation Article 9 – paragraph 1 – introductory part 1.  Within the specific objective defined in point (b) of Article 3(2), eligible actions shall take place in the framework of consistent strategies, implemented by non-governmental organisations, local and/or regional authorities and specifically designed for the integration, at the local and/or regional level, as appropriate, of persons referred to in points (a) to (g) of Article 4(1). In this context, eligible actions shall in particular include the following: 1.  Within the specific objective defined in point (b) of Article 3(2), eligible actions shall take place in the framework of consistent strategies, implemented by international organisations, non-governmental organisations and local and/or regional authorities and specifically designed for the integration, at local and/or regional level, as appropriate, of persons referred to in points (a) to (g) of Article 4(1). In this context, eligible actions shall in particular include the following: Amendment 72 Proposal for a regulation Article 9 – paragraph 1 – point a (a) setting up and developing such integration strategies, including needs analysis, the improvement of indicators and evaluation; (a) setting up and developing such integration strategies with the participation of local and/or regional actors, including needs analysis, the improvement of integration indicators, and evaluation of the conditions particular to asylum-seekers, including participatory assessments, in order to identify best practices; Amendment 73 Proposal for a regulation Article 9 – paragraph 1 – point b (b) advice and assistance in areas such as housing, means of subsistence, administrative and legal guidance, medical, psychological and social care, and child care; (b) advice and assistance in areas such as housing, means of subsistence, integration into the labour market, administrative and legal guidance, medical, psychological and social care, child care and family reunification; Amendment 74 Proposal for a regulation Article 9 – paragraph 2 2.  Actions referred to in paragraph 1 shall take into account the specific needs of different categories of third-country nationals and their family members, including those entering or residing for employment or self-employment and family reunification purposes, beneficiaries of international protection, asylum seekers, resettled or relocated persons and vulnerable groups of migrants, in particular, minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. 2.  Actions referred to in paragraph 1 shall take into account the specific needs of different categories of third-country nationals and their family members, including those entering or residing for employment or self-employment and family reunification purposes, beneficiaries of international protection, asylum seekers, resettled or relocated persons and vulnerable groups of migrants, in particular, minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons at risk of violence due to a personal characteristic referred to in Article 21 of the Charter of Fundamental Rights, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. Amendment 75 Proposal for a regulation Article 10 – paragraph 1 – point b (b) reinforcing the capacity of Member States to develop, implement, monitor and evaluate their immigration strategies, policies and measures across the different levels and departments of administrations, in particular enhancement of their capacity to collect, analyse and disseminate data and statistics on migration procedures and flows, residence permits and development of monitoring tools, evaluation schemes, indicators and benchmarking for measuring achievements of these strategies; (b) reinforcing the capacity of Member States to develop, implement, monitor and evaluate their immigration strategies, policies and measures across the different levels and departments of administrations, in particular enhancement of their capacity to collect, analyse and disseminate detailed and systematic data and statistics on migration procedures and flows, residence permits and development of monitoring tools, evaluation schemes, indicators and benchmarking for measuring achievements of these strategies; Amendment 76 Proposal for a regulation Article 10 – paragraph 1 – point c (c) furthering intercultural capacities of implementing organisations providing public and private services, including educational institutions, promoting the exchange of experience and good practices, cooperation and networking; (c) furthering capacities of implementing organisations providing public and private services, including educational institutions, in the field of interculturality and of human rights; promoting the exchange of experience and good practices, cooperation and networking; Amendment 77 Proposal for a regulation Article 11 – paragraph 1 – point a a(new) (aa) introduction, development and improvement of alternative measures to detention; Amendment 78 Proposal for a regulation Article 11 – paragraph 1 – point b (b) setting up of administrative structures, systems and training of staff to ensure smooth return procedures; (b) setting up of administrative structures, systems and training of staff to ensure that return procedures are smooth and fully protect the fundamental rights of migrants; Amendment 79 Proposal for a regulation Article 11 – paragraph 1 – point b a (new) (ba) supporting the independent assessment and monitoring of return operations by civil society organisations, in order to ensure compliance with human rights; Amendment 80 Proposal for a regulation Article 11 – paragraph 1 – point c (c) provision of material aid, health and psychological care; (c) provision of material aid, health and psychological care, including for third-country nationals whose removal has been postponed in accordance with Article 9 and Article 14(1) of Directive 2008/115/EC; Amendment 81 Proposal for a regulation Article 11 – paragraph 1 – point f a (new) (fa) introduction and improvement of independent and effective systems for monitoring enforced return, as laid down in Article 6 of Directive 2008/115/EC. Amendment 82 Proposal for a regulation Article 12 – paragraph 1 – point c (c) measures to launch the progress of reintegration for the returnee's personal development, such as cash-incentives, training, placement and employment assistance and start-up support for economic activities; (c) measures to launch the progress of reintegration for the returnee's personal development, such as cash-incentives, training, placement and employment assistance and start-up support for economic activities, including pre-return measures; Amendment 83 Proposal for a regulation Article 13 – paragraph 1 – point d (d) actions enhancing the capacity to collect, analyse and disseminate data and statistics on return procedures and measures, reception and detention capacities, enforced and voluntary returns, monitoring and reintegration; (d) actions enhancing the capacity to collect, analyse and disseminate detailed and systematic data and statistics on return procedures and measures, reception and detention capacities, enforced and voluntary returns, monitoring and reintegration; Amendment 84 Proposal for a regulation Article 14 – paragraph 1 1.  The global resources for the implementation of this Regulation shall be EUR 3,869 million. 1.  The prime reference financial envelope as defined in point [17] of the Interinstitutional Agreement of XX/201Z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management for the implementation of this Regulation for the years 2014 - 2020 shall be EUR 3,869 million. Amendment 85 Proposal for a regulation Article 14 – paragraph 2 2.  The annual appropriations for the Fund shall be authorised by the budgetary authority within the limits of the financial framework. 2.  The annual appropriations for the Fund shall be authorised by the budgetary authority without prejudice to the provisions of the Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management. Amendment 86 Proposal for a regulation Article 14 – paragraph 3 – introductory part 3.  The global resources shall be implemented through the following means: 3.  The prime reference financial envelope shall be implemented through the following means: Amendment 87 Proposal for a regulation Article 14 – paragraph 4 4.  The global resources available under this Regulation shall be implemented under shared management in accordance with [point (b) of Article 55(1) of the New Financial Regulation]1, with the exception of Union actions referred to in Article 21, the emergency assistance referred to in Article 22, the European Migration Network referred to in Article 23, and technical assistance referred to in Article 24. 4.  The prime reference financial envelope available under this Regulation shall be implemented under direct management (in particular the Union actions referred to in Article 21, the emergency assistance referred to in Article 22, the European Migration Network referred to in Article 23, and technical assistance referred to in Article 24) or under shared management in accordance with point (c) of Article 58(1) of the New Financial Regulation1. 1Commission proposal – Regulation on the financial rules applicable to the annual budget of the Union (COM(2010)815 final of 22.12.2010). This proposal constitutes a formal withdrawal by the Commission of the previous legislative proposals COM(2010)71 final and COM(2010)260 final. 1 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (OJ L 298, 26.10.2012, p.1). Justification Implementation of the EU's budget under shared management should be the exception, not the rule. Amendment 88 Proposal for a regulation Article 14 – paragraph 4 a (new) 4a.  The Commission remains responsible for the implementation of the Union budget in accordance with Article 317 TFEU and shall inform the European Parliament and the Council on the operations carried out by entities other than Member States. Amendment 89 Proposal for a regulation Article 14 – paragraph 5 – introductory part 5.  The global resources shall be used indicatively as follows: 5.  Without prejudice to the prerogatives of the budgetary authority, the prime reference financial envelope shall be used indicatively as follows: Amendment 90 Proposal for a regulation Article 14 – paragraph 5 – point a (a)  EUR 3,232 million for national programmes of Member States; (a) 83 % for national programmes of Member States; Justification For technical reasons, the amounts have been expressed as percentages. Amendment 91 Proposal for a regulation Article 14 – paragraph 5 – point b (b)  EUR 637 million for Union actions, emergency assistance, European Migration Network and technical assistance of the Commission. (b) 17 % for Union actions, emergency assistance, European Migration Network and technical assistance of the Commission. Amendment 92 Proposal for a regulation Article 15 – paragraph 1 – introductory part 1.  EUR 3,232 million shall be allocated to the Member States indicatively as follows: 1.  Without prejudice to the prerogatives of the budgetary authority, resources earmarked for national programmes shall be allocated to the Member States indicatively as follows: Amendment 93 Proposal for a regulation Article 15 – paragraph 1 – point a (a)  EUR 2 372 million as indicated in Annex I; (a) 73 % as indicated in Annex I; Amendment 94 Proposal for a regulation Article 15 – paragraph 1 – point b (b)  EUR 700 million based on the distribution mechanism for specific actions as referred to in Article 16, for the Union Resettlement Programme as referred to in Article 17 and for relocation as referred to in Article 18; (b) 22 % based on the distribution mechanism for specific actions as referred to in Article 16, for the Union Resettlement Programme as referred to in Article 17 and for relocation as referred to in Article 18; Amendment 95 Proposal for a regulation Article 15 – paragraph 1 – point c (c)  EUR 160 million in the framework of the mid-term review and from the period as of budget year 2018, to take into account important changes in migration flows and/or address the specific needs established by the Commission provided for in Article 19. (c) 5 % in the framework of the mid-term review and from the period as of budget year 2017, to take into account important changes in migration flows and/or address the specific needs established by the Commission provided for in Article 19. Amendment 96 Proposal for a regulation Article 15 – paragraph 2 a (new) 2a.  The funding allocated for the achievement of the objectives laid down in Article 3(2) shall be apportioned on a fair, balanced and transparent basis. Member States shall ensure that all actions financed by the Fund are compatible with the acquis of the Union in the areas of asylum and immigration, even if they are not bound by associated measures or subject to their application. Amendment 97 Proposal for a regulation Article 17 – paragraph 1 1.  Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive every two years an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR 6,000 for each resettled person. 1.  Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive every two years an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR 4 000 for each resettled person spent on resettlement activities referred to in Article 7. The effective implementation of the activities shall be monitored and evaluated by the EASO Resettlement Unit. Amendment 98 Proposal for a regulation Article 17 – paragraph 1 – subparagraph 1 a (new) The lump sum referred to in paragraph 1 shall be increased by EUR 3 000 for each person resettled in addition to the previous resettlement quota of the Member State, or in case the resettled person is resettled to a Member State that has not previously performed Union funded resettlement. Amendment 99 Proposal for a regulation Article 17 – paragraph 2 2.  The lump sum referred to in paragraph 1 shall be increased to EUR 10,000 for each person resettled according to the common Union resettlement priorities established pursuant to paragraphs 3 and 4 and listed in Annex III. 2.  The lump sum referred to in paragraph 1 shall also be increased by EUR 3 000 for each person resettled according to the common Union resettlement priorities established pursuant to paragraphs 3 and 4 and listed in Annex III. Amendment 100 Proposal for a regulation Article 17 – paragraph 3 a (new) 3a.  Member States pooling their pledges in an open ended commitment shall get additional sums and support per each person resettled in order to achieve the quantitative and qualitative goals of the Union Resettlement Programme, by reaching at least 20 000 resettlements per year until the year 2020 and setting good practices and common standards for the integration of refugees. These Member States will work closely with the EASO's Resettlement Unit in order to establish and regularly improve and review the guidelines for these quantitative and qualitative goals. Amendment 101 Proposal for a regulation Article 17 – paragraph 4 – indent 2 a (new) – persons who have been subjected to acts of violence and/or torture; Amendment 102 Proposal for a regulation Article 17 – paragraph 4 – indent 4 – persons in need of emergency resettlement for legal or physical protection needs. – persons needing emergency resettlement for legal and/or physical protection needs. Amendment 103 Proposal for a regulation Article 17 – paragraph 4 – indent 4 a (new) – persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. Amendment 104 Proposal for a regulation Article 17 – paragraph 8 8.  To effectively pursue the objectives of the Union Resettlement Programme and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 26 to adjust, if deemed appropriate, the lump sums referred to in paragraphs 1 and 2. 8.  To effectively pursue the objectives of the Union Resettlement Programme and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 26 to adjust, if deemed appropriate, the lump sums referred to in paragraphs 1, 2 and 3a. Amendment 105 Proposal for a regulation Article 18 – paragraph 1 1.  Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive, when deemed appropriate, an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR 6,000 for each person relocated from another Member State. 1.  Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive, when deemed appropriate, an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR 4 000 for each person relocated from another Member State. Amendment 106 Proposal for a regulation Article 18 – paragraph 2 a (new) 2a.  The Commission shall establish strict procedural guarantees and clear criteria for relocation measures. These procedural guarantees include, inter alia, the establishment of transparent, non-discriminatory selection criteria; the information to be provided to the potential beneficiaries of relocation; the communication in writing of the selection or non-selection of the applicants interviewed; reasonable time limits for candidates for relocation to take their decisions and, if necessary, make suitable preparations for their departure; the requirement for their voluntary consent to benefit from relocation measures. Amendment 107 Proposal for a regulation Article 18 – paragraph 2 b (new) 2b.  Relocation measures shall be accompanied by an action plan to maintain and/or improve the quality of asylum systems and reception and integration conditions in the Member State of departure concerned. Amendment 108 Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 1.  In order to allocate the amount indicated in point (c) of Article 15(1), by 31 May 2017 the Commission shall assess the needs of Member States as regards their asylum and reception systems, their situation concerning migration flows in the period 2014 to 2016 and the expected developments. 1.  In order to allocate the amount indicated in point (c) of Article 15(1), by 31 May 2016 the Commission shall assess the needs of Member States as regards their asylum and reception systems, their situation concerning migration flows in the period 2014 to 2015 and the expected developments. Amendment 109 Proposal for a regulation Article 19 – paragraph 1 – subparagraph 3 – point b (b) migratory pressure: (b) specific pressures: Amendment 110 Proposal for a regulation Article 19 – paragraph 2 2.  On the basis of that pattern, the Commission shall determine by way of implementing acts the Member States which shall receive an additional amount and establish a distribution matrix for allocation of the available resources amongst those Member States in accordance with the procedure referred to in Article 27(3). 2.  On the basis of that pattern, the Commission shall determine by way of delegated acts adopted in accordance with Article 26, the Member States which shall receive an additional amount and establish a distribution matrix for allocation of the available resources amongst those Member States. Amendment 111 Proposal for a regulation Article 21 – paragraph 1 1.  At the Commission’s initiative, the Fund may be used to finance transnational actions or actions of particular interest to the Union, concerning the general and specific objectives referred to in Article 3. 1.  At the Commission’s initiative, the Fund may be used to finance transnational actions or actions of particular interest to the Union, concerning the general and specific objectives referred to in Article 3, while respecting policy coherence for development. Amendment 112 Proposal for a regulation Article 21 – paragraph 2 – point a (a) the furthering of Union cooperation in implementing Union law and good practices in the field of asylum, including resettlement and relocation, legal migration, including integration of third-country nationals, and return; (a) the furthering of Union cooperation in implementing Union law and good practices in the field of asylum, including resettlement and relocation, legal migration, including integration of third-country nationals or stateless persons, and return; Amendment 113 Proposal for a regulation Article 21 – paragraph 2 – point f (f) cooperation with third-countries, in particular in the framework of the implementation of readmission agreements, mobility partnerships and regional protection programmes. (f) cooperation with third-countries on the basis of the Global Approach on Migration, in particular in the framework of the implementation of readmission agreements, mobility partnerships, regional protection programmes and safe access to Union asylum system, in accordance with Article 24a. Amendment 114 Proposal for a regulation Article 21 – paragraph 3 a (new) 3a.  Where Union actions are carried out through indirect centralised management by Union agencies active in home affairs, the Commission shall ensure the fair, equitable and transparent allocation of funding between the various agencies. These actions shall be included in the responsibilities of these agencies in addition to their working programmes. Amendment 115 Proposal for a regulation Article 21 – paragraph 3 b (new) 3b.  The Commission shall ensure a fair and equitable distribution of funds in respect of each of the objectives referred in Article 3(2). Amendment 116 Proposal for a regulation Article 22 – paragraph 1 1.  The Fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation. 1.  The Fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation as defined in Article 2(f). Measures implemented in third countries in line with this Article shall be consistent with and complementary to the Union humanitarian policy and respect humanitarian principles as set out in the Consensus on Humanitarian Aid. Amendment 117 Proposal for a regulation Article 23 – paragraph 2 – point a (a) to serve as an Union advisory council for migration and asylum through co-ordination and cooperation at both national and Union level with representatives of Member States, academia, civil society, think-tanks and other Union/international entities; (a) to serve as an Union advisory council for migration and asylum through co-ordination and cooperation at both national and Union level with representatives of Member States, academia, civil society, think-tanks and other Union/international entities, particularly those specialised in asylum and immigration issues; Amendment 118 Proposal for a regulation Article 23 – paragraph 2 – point c (c) to provide the general public with the information referred to in point (b). (c) to provide the general public with the information referred to in point (b) in conjunction with civil society and non-governmental organisations involved in immigration and asylum. Amendment 119 Proposal for a regulation Article 23 – paragraph 5 – point b (b) a Steering Board to provide political guidance on and approve the activities of the European Migration Network, comprising of the Commission plus experts from Member States, the European Parliament and from other relevant entities; (b) a Steering Board to provide political guidance on and approve the activities of the European Migration Network, comprising of the Commission plus experts from Member States, the European Parliament and from other relevant independent entities; Amendment 120 Proposal for a regulation Article 23 – paragraph 7 7.  The amount made available for the European Migration Network under the annual appropriations of the Fund and the work programme laying down the priorities for its activities shall be adopted in accordance with the procedure referred to in Article 27(3) and, if possible, combined with the work programme for Union actions and emergency assistance. 7.  The amount made available for the European Migration Network under the annual appropriations of the Fund and the work programme laying down the priorities for its activities shall be adopted in accordance with the procedure referred to in Article 26 and, if possible, combined with the work programme for Union actions and emergency assistance. Amendment 121 Proposal for a regulation Article 24 a (new) Article 24a Coordination The Commission and the Members States, together with the European External Action Service, shall ensure coordination as regards actions in and in relation to third countries. They shall notably ensure that those actions: (a) comply with the EU external policy and in particular with the principle of Policy Coherence for development and be coherent with the strategic programming documents for the region or country in question; (b) focus on non-development-oriented measures; (c) are part of a short or possibly medium-term approach, depending on the nature of the actions and priorities; (d) essentially serve the interests of the Union, have a direct impact on the Union and its Member States, and provide the necessary continuity with activities undertaken inside the Union. Amendment 122 Proposal for a regulation Article 25 – indent 2 a (new) – used for the benefit of resettlement or relocation actions. Amendment 123 Proposal for a regulation Article 29 – paragraph 1 The provisions of Regulation (EU) No …/… [Horizontal Regulation] shall apply to this Fund. The provisions of Regulation (EU) No …/… [Horizontal Regulation] shall apply to this Fund, without prejudice to Article 4(a) of this Regulation. Amendment 124 Proposal for a regulation Annex II – point 2 a (new) (2a)  Establishment of a Resettlement Unit within the EASO with proper staff allocated to carry out the necessary coordination between all the ongoing resettlement activities in the Member States, conduct missions to the third countries and/or other Member States, to assist in the carrying out of interviews, medical and security screenings, to gather expertise, enable information collecting and sharing, to establish close contact with the UNHCR and local NGOs, to play an important role in the monitoring and evaluation of the effectiveness and quality of the programmes, to promote awareness and to ensure Union wide networking and exchange of good practices among resettling stakeholders, including partnerships between international organizations, public authorities and civil society. Amendment 125 Proposal for a regulation Annex II – point 2 b (new) (2b)  To allow the possibility for local authorities and local partners of Member States to ask for financial support from the Fund in the context of local integration programmes which includes arrival support, follow-up on arrivals, planning and coordination structures and activities to inform and promote resettlement with the communities that are to welcome resettled refugees. Amendment 126 Proposal for a regulation Annex II – point 3 a (new) 3a.  Initiatives in the area of integration in order to improve the coordination of relevant policies at several levels between the Member States, regions and municipalities. Amendment 127 Proposal for a regulation Annex II – point 4 (4)  Joint initiatives aimed at identification and implementation of new approaches concerning the procedures at first encounter and standards of protection of unaccompanied minors (4)  Joint initiatives aimed at identification and implementation of new approaches concerning the procedures at first encounter, standards of protection of and assistance for unaccompanied minors Amendment 128 Proposal for a regulation Annex II – point 7 (7)  Joint initiatives aimed at restoring family unity and reintegration of unaccompanied minors in their countries of origin (7)  Joint initiatives aimed at restoring family unity and reintegration of unaccompanied minors in their countries of origin if that is in their best interests Amendment 129 Proposal for a regulation Annex III – point 6 a (new) (6a)  Syrian refugees in Turkey, Jordan and Lebanon

European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (COM(2011)0753 – C7-0445/2011 – 2011/0368(COD) – (2013/2505(RSP))

P7_TA(2013)0021 B7-0003/2013

The European Parliament,

–  having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs,

–  having regard to Rules 70(2) and 70a of its Rules of Procedure,

decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

Text proposed by the Commission   Modification Amendment 1 Draft regulation Paragraph 1 a (new) 1a.  Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the Multiannual Financial Framework for the years 2014-2020; Amendment 2 Draft legislative resolution Paragraph 1 b (new) 1b.  Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’1; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the TFEU, as well as to respond to unforeseen events; calls on the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union's agreed objectives and commitments and the principle of Union solidarity; 1 Texts adopted P7_TA(2011)0266. Amendment 3 Proposal for a regulation Recital 1 (1)  The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities of Member States and with relevant third-countries. (1)  The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities of Member States, other national authorities and relevant Union bodies, and with relevant third-countries and international organisations. This objective should be achieved while ensuring respect for human rights in accordance with the provisions of the Charter of Fundamental Rights and with the Union´s international obligations. Amendment 4 Proposal for a regulation Recital 2 (2)  To achieve this objective, enhanced actions at Union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by Member States' competent authorities. Terrorism and organised crime, drug trafficking, corruption, cyber crime, trafficking in human beings and arms, inter alia, continue to challenge the internal security of the Union. (2)  To achieve this objective, enhanced actions at Union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by Member States' competent authorities. Terrorism and organised crime, drug trafficking, corruption, cyber crime, cyber security, trafficking in human beings and arms, inter alia, continue to challenge the internal security of the Union. Amendment 5 Proposal for a regulation Recital 4 (4)  Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and the rule of law as well as a strong focus on the global perspective and the inextricable link with external security should be key principles guiding the implementation of the Internal Security Strategy. (4)  Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and freedoms and the rule of law as well as a strong focus on the global perspective and on the link and the necessary coherence with external security should be key principles guiding the implementation of the Internal Security Strategy. Justification Parliament has already called for coherence in EU actions in regard to internal and external security, in the Report on the Internal Security Strategy. Amendment 6 Proposal for a regulation Recital 5 (5)  To promote the implementation of the Internal Security Strategy and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support by setting up an Internal Security Fund. (5)  To promote the implementation of the Internal Security Strategy and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support by setting up and managing an Internal Security Fund. Amendment 7 Proposal for a regulation Recital 7 a (new) (7a)  Cross-border crimes such as human trafficking and exploitation of illegal immigration by criminal organisations may be tackled effectively through judicial and police cooperation. Justification Crime’s infiltration into the legitimate economy is one of the factors distorting the internal market. Amendment 8 Proposal for a regulation Recital 8 a (new) (8a)  Tackling organised crime effectively is fundamental to protecting the legitimate economy from typical criminal activities such as laundering of the proceeds of crime. Justification Crime’s infiltration into the legitimate economy is one of the factors distorting the internal market. Amendment 9 Proposal for a regulation Recital 8 b (new) (8b)  In times of austerity for Union policies, overcoming economic problems calls for renewed flexibility, innovative organisational measures, better use of existing structures, and coordination between the Union’s institutions, agencies and national authorities and with third countries. Justification The economic crisis calls for flexible and innovative responses in order to be just as effective as before in fighting organised crime. Amendment 10 Proposal for a regulation Recital 9 (9)  Within the comprehensive framework of the Internal Security Fund, the financial assistance provided under this Instrument should support police cooperation, exchange of and access to information, crime prevention, the fight against cross-border, serious and organised crime including terrorism, the protection of people and critical infrastructure against security related incidents and the effective management of security related risks and crisis, taking into account common policies (strategies, programmes and action plans), legislation and practical co-operation. (9)  Within the comprehensive framework of the Internal Security Fund, the financial assistance provided under this Instrument should support police cooperation, exchange of and access to information, crime prevention, the fight against cross-border, serious and organised crime including terrorism, trafficking in human beings and child sexual exploitation and distribution of child abuse images, the protection of people and critical infrastructure against security related incidents and the effective management of security related risks and crisis, taking into account common policies (strategies, programmes and action plans), legislation and practical co-operation. Justification Trafficking in human beings and child sexual exploitation are among the worst forms of serious and organized crime. They should be mentioned specifically in this Recital. Amendment 11 Proposal for a regulation Recital 10 (10)  Financial assistance in these areas should in particular support actions promoting cross-border joint operations, access to and exchange of information, exchange of best practices, facilitated and secure communication and coordination, training and exchange of staff, analytical, monitoring and evaluation activities, comprehensive threat and risk assessments, awareness raising activities, testing and validation of new technology, forensic science research and the acquisition of technical interoperable equipment. (10)  Financial assistance in these areas should in particular support actions aimed at improving the cooperation between the Member States and the European Police Office (EUROPOL). These actions should promote cross-border joint operations, access to and exchange of information, exchange of best practices, facilitated and secure communication and coordination, training and exchange of staff, analytical, monitoring and evaluation activities, comprehensive threat and risk assesments, cooperation between Member States and relevant EU bodies, awareness raising activities, testing and validation of new technology, forensic science research and the acquisition of technical interoperable equipment. Financial assistance in these areas should only support actions, which are in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council. Amendment 12 Proposal for a regulation Recital 11 (11)  Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures. (11)  Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question, democratic principles and values, fundamental liberties and rights, the rule of law and the sovereignty of third countries. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures. Amendment 13 Proposal for a regulation Recital 12 a (new) (12a)  Pursuant to Article 3 of the Treaty on European Union, the Instrument should aim to ensure the protection of the rights of the child, including the protection of children against violence, abuse, exploitation and neglect. The Instrument should support in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship. Regular monitoring and evaluation, including monitoring of expenditure should be carried out to assess the way in which the protection of children is addressed in the Instrument's activities. Justification The EU has committed itself to protecting the rights of the child. These efforts need to be made visible in the implementation and execution of this Regulation. Amendment 14 Proposal for a regulation Recital 13 (13)  To ensure a uniform implementation of the Internal Security Fund, the Union budget allocated to this financial instrument should be implemented by shared management, with the exception of actions of particular interest to the Union (Union actions), emergency assistance and technical assistance, which are implemented in direct and indirect management. (13)  To ensure a uniform implementation of the Internal Security Fund and efficient management of actions of particular interest to the Union (Union actions), emergency assistance and technical assistance, the Union budget allocated to this financial instrument should be implemented by direct and indirect management, with the exception of actions requiring administrative flexibility and national programmes, which are implemented in shared management. Justification Implementation of the Union budget by shared management should be the exception and not the rule (cf. Article 55 of the Financial Regulation). Amendment 15 Proposal for a regulation Recital 13 a (new) (13a)  For the resources implemented under shared management, it is necessary to ensure that the Member States' national programmes are fully aligned with EU-level priorities and objectives. Justification Lessons learned from the mid-term review and consulting stakeholders suggest that shared management should be more results-oriented and a common regulatory framework should be drawn up. Amendment 16 Proposal for a regulation Recital 14 (14)  The resources allocated to Member States for implementation through their national programmes should be distributed on the basis of clear and objective criteria relating to the public goods to be protected by Member States and the degree of their financial capacity to ensure a high level of internal security, such as the size of their population, their territorial size, the number of passengers and cargo processed through international air and seaports, the number of European critical infrastructure and their gross domestic product. (14)  The resources allocated to Member States for implementation through their national programmes should be distributed on the basis of clear, objective and measurable criteria relating to the public goods to be protected by Member States and the degree of their financial capacity to ensure a high level of internal security, such as the size of their population, their territorial size, the number of passengers and cargo processed through international air and seaports, and their gross domestic product. Justification The changes are in line with changes proposed for Article 10. Amendment 17 Proposal for a regulation Recital 16 (16)  The ceiling for resources which remain at the disposal of the Union should be equal to the resources allocated to Member States for the implementation of their national programmes. This will ensure that the Union is able, in a given budget year, to support actions which are of particular interest to the Union, such as studies, testing and validation of new technologies, transnational projects, networking and exchange of best practices, monitoring of the implementation of relevant Union law and Union policies and actions in relation to and in third-countries. The actions supported should be in line with the priorities identified in relevant Union strategies, programmes, action plans and risk and threat assessments. (16)  The ceiling for resources allocated to Member States for the implementation of their national programmes should be higher than the resources at the disposal of the European Union for its actions. To this end, Member States’ capacity to use the funds available needs to be enhanced through better training for their authorities concerned. However, the Union should be guaranteed adequate resources at its disposal to ensure that it is able, in a given budget year, to support actions which are of particular interest to the Union, such as studies, testing and validation of new technologies, transnational projects, networking and exchange of best practices, monitoring of the implementation of relevant Union law and Union policies and actions in relation to and in third-countries. The actions supported should be in line with the priorities identified in relevant Union strategies, including a cyber security strategy, programmes, action plans and risk and threat assessments. Amendment 18 Proposal for a regulation Recital 18 a (new) (18a)  The TFEU provides for delegated acts only as non-legislative acts of general application relating to non-essential elements of a legislative act. Any essential element should be laid down in the legislative act in question. Amendment 19 Proposal for a regulation Recital 18 b (new) (18b)  Spending of EU and Member States’ funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies. Amendment 20 Proposal for a regulation Recital 18 c (new) (18c)  There is a need to maximise the impact of EU funding by mobilising, pooling and leveraging public financial resources. Amendment 21 Proposal for a regulation Recital 18 d (new) (18d)  Utmost transparency, accountability and democratic scrutiny should be ensured for mechanisms that involve the EU budget. Amendment 22 Proposal for a regulation Recital 18 e (new) (18e)  Better implementation and quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources. Amendment 23 Proposal for a regulation Recital 18 f (new) (18f)  When the Commission implements the Union budget under shared management, implementation tasks should be delegated to Member States. The Commission and the Member States should respect the principles of sound financial management, transparency and non-discrimination and ensure the visibility of Union action when they manage Union funds. To this end, the Commission and the Member States should fulfil their respective control and audit obligations, and assume the resulting responsibilities laid down in this Regulation. Complementary provisions should be laid down in sector-specific rules. Amendment 24 Proposal for a regulation Recital 18 g (new) (18g)  There is a need to ensure sound financial management of the programme and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the programme to all participants. Amendment 25 Proposal for a regulation Recital 18 h (new) (18h)  The Commission should annually monitor the implementation of the Instrument with the aid of key indicators for assessing results and impacts. These indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the programmes have been achieved. Amendment 26 Proposal for a regulation Recital 23 (23)  As regards Iceland and Norway, this Regulation constitutes a development of the Schengen acquis which falls within the areas referred to in Article 1, Point H of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis. deleted Justification This Regulation does not constitute a development of the Schengen acquis. Amendment 27 Proposal for a regulation Recital 24 (24)  As regards Switzerland, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the latter's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, Point H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC on the conclusion, on behalf of the European Community, of the Agreement. deleted Justification This Regulation does not constitute a development of the Schengen acquis. Amendment 28 Proposal for a regulation Recital 25 (25)  As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, Point H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/349/EU on the conclusion, on behalf of the Union, of the Protocol. deleted Justification This Regulation does not constitute a development of the Schengen acquis. Amendment 29 Proposal for a regulation Article 2 – point b (b) ‘exchange of and access to information’ means the collection, storage, processing, analysis and exchange of information relevant to law enforcement authorities in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross-border, serious and organised crimes. (b) ‘exchange of and access to information’ means the secure collection, storage, processing, analysis and exchange of information relevant to law enforcement authorities in the Union in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross-border, serious and organised crimes. Amendment 30 Proposal for a regulation Article 2 – point d (d) ‘organised crime’ means a punishable conduct committed by a structured group of three or more persons, existing for a period of time and acting in concert in order to obtain, directly or indirectly, a financial or other material benefit. (d) ‘organised crime’ means a conduct by a structured group that exists  for a period of time  sufficient for the conduct to be more than occasional,  and that comprises more than two persons who are bound by a partnership obligation and who act in concert with a view to committing offences which are punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty, and where the aim of that conduct is to obtain, directly or indirectly, including by intimidation,  a financial or other benefit; Amendment 31 Proposal for a regulation Article 2 – point f (f) ‘risk and crisis management’ means any measure relating to the assessment, prevention, preparedness and consequence management of terrorism and other security-related risks. (f) ‘risk and crisis management’ means any measure relating to the assessment, prevention, preparedness and consequence management of terrorism, organised crime and other security-related risks. Amendment 32 Proposal for a regulation Article 2 – point h h) 'consequence management' means the effective coordination of measures taken in order to react to and to reduce the impact of the effects of a terrorist attack or any other security related incident in order to ensure an effective coordination of actions at national and/or EU level. h) 'consequence management' means the effective coordination of actions taken at national and/or EU level in order to react to and to reduce the impact of the effects of a terrorist attack or any other security related incident. Justification The proposed reformulation makes the text a great deal clearer. Amendment 33 Proposal for a regulation Article 2 – point i i) 'critical infrastructure' means any physical resources, services, information technology facilities, networks and infrastructure assets which, if disrupted or destroyed, would have a serious impact on critical societal functions, including the supply chain, health, safety, security, economic or social well-being of people or of the functioning of the Union or its Member States. i) ‘critical infrastructure’ means an asset, network, system or part thereof located in Member States which is essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption, the breach or destruction of which would have a significant impact in a Member State or in the Union as a result of the failure to maintain those functions; Amendment 34 Proposal for a regulation Article 3 – paragraph 2 – point a – paragraph 1 a) preventing and combating cross-border, serious and organised crime including terrorism, and reinforcing coordination and cooperation between law enforcement authorities of Member States and with relevant third-countries. a) preventing and combating cross-border, serious and organised crime including terrorism, trafficking in human beings, exploitation of illegal immigration, child sexual exploitation, distribution of child abuse images, cybercrime and laundering of the proceeds of crime, and reinforcing coordination and cooperation between law enforcement authorities of Member States and relevant Union bodies and with relevant third-countries and international organisations. Amendment 35 Proposal for a regulation Article 3 – paragraph 2 – point a – paragraph 2 The achievement of this objective shall be measured against indicators such as, inter alia, the number of cross-border-joint operations and the number of best practice documents and events organised. deleted Justification A specific amendment describing indicators to measure achievement of the objectives has been proposed. Amendment 36 Proposal for a regulation Article 3 – paragraph 2 – point b a (new) (ba) enhancing the capacity of Member States to cooperate with Europol and to make a better use of Europol's products and services. Amendment 37 Proposal for a regulation Article 3 – paragraph 2 – point b – paragraph 2 The achievement of this objective shall be measured against indicators such as, inter alia, the number of tools put in place and/or further upgraded to facilitate the protection of critical infrastructure by Member States in all sectors of the economy and the number of threat and risk assessments produced at the level of the Union. deleted Justification A specific amendment describing indicators to measure achievement of the objectives has been proposed.. Amendment 38 Proposal for a regulation Article 3 – paragraph 3 – introductory part 3.  To achieve these objectives, the Instrument shall contribute to the following operational objectives by promoting and developing: 3.  To achieve these objectives, the instrument shall contribute to the following operational objectives: Justification The change is in line with other amendments to Article 3(3). Amendment 39 Proposal for a regulation Article 3 – paragraph 3 – point a a) measures (methodologies, tools, structures) strengthening Member States' capability to prevent and combat cross-border, serious and organised crime including terrorism, in particular through public-private partnerships, the exchange of information and best practices, access to data, interoperable technologies, comparable statistics, applied criminology, public communication and awareness raising. a) promote and develop measures (methodologies, tools, structures) strengthening Member States' capability to prevent and combat cross-border, serious and organised crime, cybercrime or terrorism, in particular through public-private partnerships, the exchange of information and best practices, access to data, interoperable technologies, comparable statistics, applied criminology, public communication and awareness raising. Amendment 40 Proposal for a regulation Article 3 – paragraph 3 – point b b) administrative and operational coordination, cooperation, mutual understanding and the exchange of information among Member States' law enforcement authorities, other national authorities, relevant Union bodies and, where appropriate, with third-countries. b) promote and develop administrative and operational coordination, cooperation, mutual understanding and the exchange of information among Member States' law enforcement authorities, other national authorities, relevant Union bodies and, where appropriate, with third-countries and international organisations. Amendment 41 Proposal for a regulation Article 3 – paragraph 3 – point c (c) training schemes in implementation of European training policies, including through specific Union law enforcement exchange programmes, in order to foster a genuine European judicial and law enforcement culture. (c) promote and develop training schemes regarding knowledge of obligations relating to respect for human rights and fundamental freedoms and in implementation of European training policies, including through specific Union law enforcement exchange programmes, in order to foster a genuine European judicial and law enforcement culture. (This amendment also applies to points (d) to (g); technical adjustments to said points should be made.) Amendment 42 Proposal for a regulation Article 3 – paragraph 3 –point d (d) measures and best practices for the protection and support of witnesses and victims of crime. (d) promote and develop measures, mechanisms and best practices for early identification, protection and support of witnesses and victims of crime, in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship. Justification Witnesses and victims of crime do not only need protection and support but also need to be identified as early as possible. The EU has committed itself to protecting the rights of the child. These efforts need to be made visible in the implementation and execution of this Regulation. Amendment 43 Proposal for a regulation Article 3 – paragraph 3 – point g (g) measures (methodologies, tools and structures) strengthening the administrative and operational capacity of the Member States and the Union to develop comprehensive threat and risk assessments in order to enable the Union to develop integrated approaches based on common and shared appreciations in crisis situations and to enhance mutual understanding of Member States' and partner countries' various definitions of threat levels. (g) promote and develop measures (methodologies, tools and structures) strengthening the administrative and operational capacity of the Member States and the Union to develop comprehensive threat and risk assessments, which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council, in order to enable the Union to develop integrated approaches based on common and shared appreciations in crisis situations and to enhance mutual understanding of Member States' and partner countries' various definitions of threat levels. Justification No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and Council. Amendment 44 Proposal for a regulation Article 3 a (new) Article 3a Indicators The achievement of the specific objectives referred to in Article 3 shall be assessed on the basis of clearly pre-defined, transparent and measurable performance indicators, in particular such as: a) the number of joint cross-border operations; b) the number and percentage of members of staff of the competent authorities referred to in Article 87 of the Treaty on the Functioning of the European Union (TFEU) who have taken part in training activities, staff exchanges, study visits, meetings and seminars funded by the programme; c) the number and quality of codes of good practice drawn up and events organised; d) the number of tools put in place and/or upgraded to facilitate the protection of critical infrastructure by Member States in all sectors of the economy, and the number of threat and risk assessments produced at Union level; e) the number of contributions sent to Europol databases and the number of cases initiated. Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured against the indictors. Amendment 45 Proposal for a regulation Article 4 – paragraph 1 – point a (a) actions improving police cooperation and coordination between law enforcement authorities, including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies; (a) actions improving police cooperation, coordination between law enforcement authorities and inter-agency collaboration, including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies, such as the extension of Europol Secure Information Exchange Network Application (SIENA) or the implementation of data loaders for the Europol information system; Amendment 46 Proposal for a regulation Article 4 – paragraph 1 – point c (c) analytical, monitoring and evaluation activities, including studies and threat, risk and impact assessments; (c) analytical, monitoring and evaluation activities, including studies and threat, risk and impact assessments, which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council; Justification No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council. Amendment 47 Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 a (new) Coordination as regards actions in and in relation to third countries shall be ensured by the Commission and the Member States, together with the European External Action Service, as set out in Article 3(4a) of Regulation (EU) No .../2013 [the Horizontal Regulation]. Amendment 48 Proposal for a regulation Article 5 – paragraph 2 2.  The annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Framework. 2.  The annual appropriations for the Fund shall be authorised by the budgetary authority without prejudice to the provisions of the Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management. Amendment 49 Proposal for a regulation Article 5 – paragraph 4 4.  The budget allocated under the Instrument shall be implemented under shared management in accordance with Article 55(1)(b) of Regulation (EU) No XXXX/2012 [New Financial Regulation], with the exception of the Union actions referred to in Article 7, the technical assistance referred to in Article 8(1) and the emergency assistance referred to in Article 9. 4.  The budget allocated under the Instrument shall be implemented by direct and indirect management (the Union actions referred to in Article 7, the technical assistance referred to in Article 8(1) and the emergency assistance referred to in Article 9) or under shared management in accordance with Article 55(1)(b) of Regulation (EU) No XXXX/2012 [New Financial Regulation]. Justification Implementation of the Union budget by shared management should be the exception and not the rule (cf. Article 55 of the Financial Regulation). Amendment 50 Proposal for a regulation Article 5 – paragraph 4 a (new) 4a.  In accordance with Article 317 TFEU, the ultimate responsibility for implementing the Union budget lies with the Commission. Justification According to Article 317 TFEU, the ultimate responsibility for implementing the Union budget rests with the Commission. Amendment 51 Proposal for a regulation Article 5 – paragraph 5 5.  The global resources shall be used indicatively as follows: 5.  Without prejudice to the prerogatives of the budgetary authority, the global resources shall be used as follows: a)  EUR 564 million for the national programmes of Member States; a) 55 % for the national programmes of Member States; b)  EUR 564 million for Union actions, emergency assistance and technical assistance at the initiative of the Commission. b) 45 % for Union actions, emergency assistance and technical assistance at the initiative of the Commission. Amendment 52 Proposal for a regulation Article 5 – paragraph 7 7.  The countries associated with the implementation, application and development of the Schengen acquis shall participate in the Instrument, in accordance with this Regulation. deleted Justification This Regulation does not constitute a development of the Schengen acquis. Amendment 53 Proposal for a regulation Article 5 – paragraph 8 8.  Arrangements shall be concluded on the financial contributions by these countries to the Instrument and the supplementary rules necessary for such participation, including provisions ensuring the protection of the Union's financial interests and the power of audit of the Court of Auditors. The financial contributions from these countries shall be added to the global resources available from the Union budget referred to in paragraph 1. deleted Justification This Regulation does not constitute a development of the Schengen acquis. Amendment 54 Proposal for a regulation Article 6 – paragraph 2 2.  Under the national programmes to be examined and approved by the Commission pursuant to Article 14 of Regulation (EU) No XXX/2012 [Horizontal Regulation], Member States shall focus on projects addressing the strategic Union priorities listed in the annex to this Regulation. 2.  Under the national programmes to be examined and approved by the Commission pursuant to Article 14 of Regulation (EU) No XXX/2012 [Horizontal Regulation], Member States shall implement projects addressing the strategic Union priorities listed in the annex to this Regulation. Justification The national programmes should be focused on projects that address the strategic priorities of the Union listed in the Annex to the regulation. Amendment 55 Proposal for a regulation Article 7 – paragraph 1 1.  At the Commission's initiative, this Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives set out in Article 3. 1.  At the Commission's initiative, this Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives set out in Article 3. All such actions shall be in compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, as well as with the Union legal provisions on data protection and privacy. The European Data Protection Supervisor, the Fundamental Rights Agency and other relevant supervisory agencies and bodies may assess these actions to ensure compliance. Justification Independent supervision ought to guarantee the compliance of all actions with fundamental rights including privacy rights and compliance to data protection standards. Amendment 56 Proposal for a regulation Article 7 – paragraph 2 – introductory part 2.  To be eligible for funding, Union actions shall be in line with the priorities identified in relevant Union strategies, programmes, threat and risk assessments, and support in particular: 2.  To be eligible for funding, Union actions shall be in line with the priorities identified and agreed by the European Parliament and the Council in relevant Union strategies, programmes, threat and risk assessments, and support in particular: Justification No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council. Amendment 57 Proposal for a regulation Article 7 – paragraph 2 – point c (c) analytical, monitoring and evaluation activities, including threat, risk and impact assessments and projects monitoring the implementation of Union law and Union policy objectives in the Member States; (c) analytical, monitoring and evaluation activities, including threat, risk and impact assessments which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council, and projects monitoring the implementation of Union law and Union policy objectives in the Member States; Justification No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council. Amendment 58 Proposal for a regulation Article 7 – paragraph 2 – point f (f) the acquisition and/or further upgrading of technical equipment, secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber crime, notably a European Cybercrime Centre;· (f) the acquisition and/or further upgrading of technical equipment, know-how, secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber crime, notably a European Cybercrime Centre; Amendment 59 Proposal for a regulation Article 10 – paragraph 1 – introductory part 1.   EUR 564 million shall be allocated to the Member States indicatively as follows: 1.  The resources for national programmes shall be distributed as follows: Amendment 60 Proposal for a regulation Article 10 – paragraph 1 – point a a) 30% in proportion of the size of their total population; a) 35% in proportion of the size of their total population; Amendment 61 Proposal for a regulation Article 10 – paragraph 1 – point c c) 10% in proportion to the number of passengers and the tons of cargo processed through their international air and sea ports; c) 20% in proportion to the number of passengers and the tons of cargo processed through their international air and sea ports; Amendment 62 Proposal for a regulation Article 10 – paragraph 1 – point d d) 10% in proportion to the number of European Critical Infrastructure designated in accordance with Directive 2008/114/EC; deleted Amendment 63 Proposal for a regulation Article 10 – paragraph 1 – point e e) 40% in inverse proportion to their Gross Domestic Product (purchasing power standard per inhabitant). e) 35% in inverse proportion to their Gross Domestic Product (purchasing power standard per inhabitant). Amendment 64 Proposal for a regulation Article 11 – paragraph 2 2.  The delegation of powers referred to in this Regulation shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation]. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 2.  The delegation of powers referred to in this Regulation shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation]. Amendment 65 Proposal for a regulation Article 11 – paragraph 5 5.  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council. 5.  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 3 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 3 months at the initiative of the European Parliament or the Council. Amendment 66 Proposal for a regulation Article 12 – paragraph 2 2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. deleted Justification No reference is made to Article 12(2) anywhere else in the text in question. Amendment 67 Proposal for a regulation Article 15 – paragraph 5 5.  The Commission shall submit to the European Parliament and the Council, by 31 December 2015, a report on the results achieved and on qualitative and quantitative aspects of implementation of Council Decision 2007/125/JHA for the period 2011 to 2013. 5.  The Commission shall submit to the European Parliament and the Council, by 31 December 2015, a report on the results achieved and on qualitative and quantitative aspects of implementation of Council Decision 2007/125/JHA for the period 2011 to 2013. In this report, the European Commission shall provide concrete evidence, if available, of the complementarity and synergies achieved between the EU funds and the Members States' budgets and of the triggering effects on Member States of the EU budget in achieving the objectives set in the Council Decision 2007/125/JHA. Amendment 68 Proposal for a regulation Article 15 a (new) Article 15a Evaluation By 31 December 2017 at the latest, the Commission shall submit to the European Parliament and the Council an evaluation report on the achievement of the objectives set out in this Regulation. Justification As part of a results-based approach, a mid-term review should be conducted of the operation of this regulation. Amendment 69 Proposal for a regulation Article 16 – paragraph 1 On the basis of a proposal from the Commission, the European Parliament and the Council shall review this Regulation by 30 June 2020 at the latest. On the basis of a proposal from the Commission, the European Parliament and the Council shall review this Regulation by 1 June 2020 at the latest. Amendment 70 Proposal for a regulation Annex 1 – point 1 Measures preventing and fighting cross-border, serious and organised crime, in particular drug trafficking, trafficking in human beings, sexual exploitation of children and projects identifying and dismantling criminal networks, protecting the economy against criminal infiltration and reducing financial incentives by seizing, freezing and confiscating criminal assets. Measures preventing and fighting cross-border, serious and organised crime, in particular drug trafficking, trafficking in human beings, sexual exploitation of children and distribution of child abuse images and projects identifying and dismantling criminal networks, protecting the economy against criminal infiltration and reducing financial incentives by seizing, freezing and confiscating criminal assets. Amendment 71 Proposal for a regulation Annex 1 - new point after last point Measures seeking to achieve a closer partnership between the Union and third countries (in particular countries situated on its external borders) and the drawing up and implementation of operational programmes of action for achievement of the above EU strategic priorities.

European Parliament resolution of 17 January 2013 on the EU-Iraq Partnership and Cooperation Agreement (2012/2850(RSP))

P7_TA(2013)0022 B7-0006/2013

The European Parliament,

–  having regard to the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part(1),

–  having regard to the Fourth Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War, and to Additional Protocols I and II thereto,

–  having regard to UN Security Council resolution 1325 (2000) of 31 October 2000 on women, peace and security,

–   having regard to the statute changes of the ICC, adopted at the ICC Review Conference in Kampala on 11 June 2010, which include a definition of the ‘crime of aggression’,

–  having regard to the European Security Strategy of 12 December 2003 entitled ‘A secure Europe in a better world’,

–  having regard to the European Consensus on Development of 22 November 2005,

–  having regard to Council Joint Action 2005/190/CFSP of 7 March 2005 on ‘the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX’, adopted under the European Security and Defence Policy (ESDP), and to the subsequent joint actions modifying and extending the mandate for the mission,

–  having regard to the Commission communication of 7 June 2006 entitled ‘Recommendations for renewed European engagement with Iraq’ (COM(2006)0283),

–  having regard to its resolution of 1 June 2006 on the situation of women in armed conflicts and their role in the reconstruction and democratic process in post-conflict countries(2),

–  having regard to the International Covenant for Iraq adopted in Sharm el-Sheikh (Egypt) on 3 May 2007,

–  having regard to its recommendation to the Council of 13 March 2008 on the European Union’s role in Iraq(3) and to its resolution of 25 November 2010 on ‘Iraq: the death penalty (notably the case of Tariq Aziz) and attacks against Christian communities’(4),

–  having regard to the Council conclusions of 22 November 2010,

–  having regard to UN Security Council resolutions 1956 (2010), 1957 (2010) and 1958 (2010) of 15 December 2010,

–  having regard to its resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion(5),

–  having regard to the Commission’s Joint Strategy Paper for Iraq (2011-2013),

–  having regard to Rule 110(2) of its Rules of Procedure,

A.  whereas since 2005 the Republic of Iraq has held three multi-party elections, adopted a constitution by referendum, created the basis for a federal state and invested effort in attempting to build democratic institutions and achieve reconstruction and normalisation;

B.  whereas Europe and Iraq are linked by thousands of years of mutual cultural influences and a common history;

C.  whereas on 21 December 2010 all the political forces in Iraq reached an agreement on the formation of a national unity government in keeping with the will of the Iraqi people as expressed in the elections held on 7 March 2010; whereas this agreement has not yet been implemented by the Iraqi Government; whereas the lack of implementation is contributing to the fragility and fragmentation of Iraq;

D.  whereas Iraq has long been home to a variety of religious groups, including Sunni and Shiite Muslims, Christians, Jews, Mandaeans and Yazidis, as well as to a significant, non-sectarian secular middle class;

E.  whereas 800 000 Christian Iraqi citizens (Chaldeans, Syriacs and members of other Christian minorities) were living in Iraq in 2003, and whereas they constitute an ancient, native population group which is now facing serious danger of persecution and exile; whereas hundreds of thousands of Christians have fled the violence of which they continue to be the target, either leaving their country completely or being displaced within its borders;

F.  whereas local elections are scheduled to take place in 2013, and parliamentary elections in 2014;

G.  whereas, contrary to the worldwide trend towards the abolition of the death penalty, the number of executions in Iraq is increasing; whereas serious concerns are being expressed by, among others, the UN High Commissioner for Human Rights, Navi Pillay, about the failure of trials leading to the death penalty to be consistent with international fair trial safeguards, including issues such as the lack of transparency in court proceedings and instances where ‘confessions’ were obtained under torture or other forms of ill-treatment of the defendants; whereas capital punishment is a cruel and inhumane form of punishment and absolute priority should be given to political dialogue with the Iraqi authorities on the abolition of the death penalty;

H.  whereas the crisis in Syria has created new substantial flows towards Iraq of refugees and returnees, who are now faced with significant personal and economic uncertainty and conditions of high vulnerability in Iraq;

I.  whereas it is important for the EU Delegation in Baghdad to have the necessary funds and resources to be fully operational and able to play a significant role in supporting the democratic process, promoting the rule of law and human rights and assisting the Iraqi authorities and people with the process of reconstruction, stabilisation and normalisation; and whereas a detached office in Erbil could significantly increase the operational effectiveness of the EU Delegation in Baghdad;

J.  whereas Iraq has been able to restore its oil productivity almost to full capacity; whereas, however, the Iraqi state continues to experience great difficulties in providing basic services, including regular electricity in the summer, clean water and decent health care; whereas, when it comes to the exploitation of Iraq’s oil resources, technical assistance, the rule of law and the full implementation of international standards for contracts and procurement will be essential in order to promote a process of social inclusion and welfare;

K.  whereas unemployment among young men is close to 30 %, making them easy recruits for criminal gangs and militia factions; whereas the fight against corruption should remain a key objective of the Iraqi authorities; whereas the EU should do everything in its power to create strong incentives for European companies to support anti-corruption measures in Iraq; whereas the Iraqi authorities should use the country’s oil revenues as a tool and an opportunity for sustainable social and economic reconstruction benefiting Iraqi society at large, and should promote a process of democratic reforms;

L.  whereas, following the withdrawal of US military forces from Iraq at the end of 2011, the Iraqi security forces have a crucial role to play for the stability and long-term sustainability of the country;

M.  whereas, according to the Office of the United Nations High Commissioner for Refugees (UNHCR), to date 1 500 000 Iraqis have been displaced within the country, 500 000 of whom are homeless, and 230 000 have sought refuge in neighbouring countries, chiefly Syria and Jordan;

N.  whereas Iraqi Kurdistan is a relatively peaceful and stable part of Iraq, where levels of international development cooperation and private investment are increasing;

O.  whereas, despite a significant improvement in the security situation, the current rate of bombings and shootings is still high and violence occurs every day, leaving most Iraqis uncertain about their future and making it impossible to promote the economic and social integration of the Iraqi population at large;

P.  whereas, with a view to promoting stability in the region, the European Union should take on its share of the responsibility for building a new, democratic Iraq, and whereas EU policy towards Iraq should reflect the broader context of the Union’s strategic partnership with its southern neighbourhood and the Middle East;

Q.  whereas the major challenges to reconstruction and normalisation are institutional and social, i.e. the task of building institutional and administrative capacity, consolidation of the rule of law and enforcement of the law and of respect for human rights;

R.  whereas the EU should tailor the use of its resources to the specific internal, regional and humanitarian challenges facing Iraq, and whereas effectiveness, transparency and visibility are preconditions for an increased EU role in Iraq;

S.  whereas since 2003 the EU and its Member States have channelled aid totalling more than EUR 1 billion to Iraq, in particular through the International Reconstruction Fund Facility for Iraq (IRFFI), and whereas the Union has played a direct role in improving the rule of law in the country since 2005, through its ESDP mission EUJUST LEX; whereas the mandate for the EUJUST LEX mission has been extended until 31 December 2013;

T.  whereas the conclusion of the partnership and cooperation agreement will provide the EU with a new contractual framework in which to develop long-term political and economic relations with Iraq and create strong foundations for the promotion and respect of human rights in the country;

U.  whereas Iraq is a potentially important partner in ensuring greater diversification of energy sources and thus contributing to Europe’s energy security;

1.  Welcomes the conclusion of the negotiations on the partnership and cooperation agreement between the EU and the Republic of Iraq, which establishes contractual relations between the two parties for the first time; welcomes the establishment by the partnership and cooperation agreement of a Cooperation Council, a Cooperation Committee and a Parliamentary Cooperation Committee and expects such fora to provide fresh impetus for the Union’s political involvement in Iraq at the highest level, in the form of regular political talks and the development of economic relations with the Iraqi authorities at the most senior level;

2.  Takes the view that the political and commercial provisions of the partnership and cooperation agreement lay the foundations for regular, closer political dialogue on issues of bilateral, regional and global significance, while seeking to improve the arrangements governing trade between Iraq and the EU by lending support to Iraq’s development and reform effort, with a view to facilitating that country’s integration into the world economy;

3.  Supports the process of Iraq’s accession to the World Trade Organisation and stresses that the implementation of the partnership and cooperation agreement should make an important contribution to this process;

4.  Stresses that the ‘essential element’ clause in the Partnership and Cooperation Agreement on countering the proliferation of weapons of mass destruction calls for the parties to play an active role in nuclear disarmament and to give their full support to the planned UN Conference on a Nuclear-Free Middle East;

5.  Welcomes the clause in the partnership and cooperation agreement concerning cooperation between the EU and Iraq in relation to the accession of Iraq to the Rome Statute of the International Criminal Court (ICC); stresses the importance of the EU providing maximum support for Iraq’s ratification of and accession to the Rome Statute as soon as possible, and for the implementation of international human rights standards and instruments as a matter of priority; calls on the Member States and on Iraq to ratify the statute changes of the ICC, adopted on 11 June 2010; applauds the clause in the partnership and cooperation agreement on cooperation in the promotion and effective protection of human rights in Iraq, with the caveat that failure by Iraq to protect, enhance and respect human rights would negatively affect cooperation and economic development programmes; stresses the importance of maintaining strict conditionality on the basis of the principle of ‘more for more’ and the need to put greater emphasis on the importance of substantial progress in relation to human rights in Iraq; welcomes the pledge by the Iraqi Government to promote effective dialogue with civil society and promote its effective participation;

6.  Emphasises that the political dialogue between the EU and the Iraqi authorities must primarily focus on matters relating to respect for human rights and fundamental freedoms, whether civic or individual, with particular reference to the continuing allegations of human rights violations and the protection of the rights of all religious and ethnic minorities, and should further focus on the strengthening of democratic institutions, the rule of law, good governance, transparent decision-making, due process and national reconciliation; urges the Iraqi Government to work for the national reconciliation of an extremely fragmented society;

7.  Stresses the need to give absolute priority to political dialogue with the Iraqi authorities on the abolition of the death penalty and support for the fundamental principles of the European Union; calls on the Iraqi Government to abolish the death penalty, as a first step, and to declare and implement immediately a moratorium on executions;

8.  Welcomes the establishment by the partnership and cooperation agreement of the Parliamentary Cooperation Committee, which will be a forum for the Iraqi parliament and the European Parliament to meet and exchange views, will be informed of the recommendations of the Cooperation Council and will make recommendations to that Council; supports this important parliamentary dimension and takes the view that such a committee will provide a valuable opportunity for democratic dialogue and the provision of support for democracy in Iraq;

9.  Reiterates its commitment to the development of parliamentary democracy and recalls its initiative, under the 2008 budget, of providing support for the establishment of democracy in cooperation with third-country parliaments; reiterates its willingness to support actively the Iraqi Council of Representatives by proposing initiatives aimed at enhancing the ability of elected Iraqi representatives to fulfil their constitutional role and fostering the transfer of experience in the areas of effective administration and staff training;

10.  Stresses the importance of creating the necessary conditions for strong technical dialogue and cooperation with Iraq and the provision of continuous support to its administration, so that adequate international standards for contracts and procurement can be introduced and fully implemented, and investment opportunities enhanced;

11.  Calls on Iraq to ratify the Comprehensive Nuclear-Test-Ban Treaty as soon as possible;

12.  Applauds the opening of an EU Delegation to Iraq in Baghdad and the appointment of an EU Head of Delegation; recalls, however, the need to secure for the EU Delegation its own adequate premises and the necessary human and material resources commensurate with the EU’s stated ambition of playing a significant role in Iraq’s transition to democracy, and with a view to making the Delegation fully operational; stresses that it is essential to put the Head of Delegation in a position to travel in full security to all parts of the country to monitor the proper implementation of programmes financed by the European Union, the human rights situation and the reform process;

13.  Stresses the importance for Iraq’s future of the political agreement reached by Iraqi leaders on the establishment of a national unity government which properly represents the political, religious and ethnic diversity of Iraqi society and reflects the will of the Iraqi people as expressed in the general election held on 7 March 2010; calls for the full implementation, without further delay, of that agreement and asks the political forces in Iraq to remain committed, in a spirit of unity of intent, to the process of building strong and sustainable democratic institutions, and to establish the necessary conditions for free and fair elections at both local and international level, which are essential for the process of democratic transition; notes that the implementation of that agreement may be the only viable solution with a view to starting an effective process of national reconciliation; reiterates the importance of appointing permanent ministers to the defence and interior ministries in order to prevent the concentration of power and promote democratic dialogue, oversight, political responsibility and accountability in respect of security-related policy choices;

14.  Expresses concern at the growing sectarian tensions and deep lack of trust between the Iraqi Government and the opposition, which, if not remedied, may lead to the resumption of violent conflict; expresses great concern at the potential negative spill-over from the Syrian conflict into Iraq, which could exacerbate sectarian tensions in Iraq, and calls on all players in Iraq to behave responsibly and with restraint in order to avoid such a scenario;

15.  Calls on the Iraqi Government to ensure that the country’s resources are used in a transparent and responsible way, to the benefit of the whole of the Iraqi people;

16.  Calls on the Commission to draft a binding corporate social responsibility (CSR) clause for consideration at one of the first meetings of the Cooperation Council, based on CSR principles as defined at international level, including in the 2010 update of the OECD Guidelines and in the standards defined by the UN, the ILO and the EU; suggests that this clause should harmonise existing standards and concepts, in order to ensure comparability and fairness, and that it should set out measures to implement these principles at EU level, such as requirements to monitor the activities of companies, their subsidiaries and supply chains, and to apply due diligence;

17.  Remains deeply concerned, however, at the continuing acts of violence perpetrated against the civilian population, vulnerable groups and all religious communities, including Christian minorities, which instil in the population a deep sense of fear and uncertainty about their future and that of their country; notes that some progress has been made in this area and calls on the Iraqi authorities to continue to improve security and public order and combat terrorism and sectarian violence throughout the country; takes the view that priority should equally be given to establishing a new legal framework which clearly defines the responsibilities and remit of the security forces and facilitates the adequate oversight of security forces, as called for in the Constitution; considers that the Council of Representatives must play an appropriate role in drafting new legislation and exercising democratic scrutiny; calls on the Iraqi authorities to step up their efforts to protect Christian minorities and all vulnerable minorities, to guarantee all Iraqi citizens the right to practise their faith or affirm their identity in freedom and safety, to take more determined measures to combat inter-ethnic and inter-religious violence, to protect the secular population and to do everything in their power to bring the perpetrators to justice, in keeping with the rule of law and international standards; believes that the partnership and cooperation agreement affords an opportunity further to promote reconciliation programmes and inter-religious dialogue aimed at restoring a sense of cohesion and partnership in Iraqi society;

18.  Draws attention to the urgent need to resolve the humanitarian problems facing the Iraqi people; emphasises the need to ensure that action coordinated between the Iraqi authorities and the international aid organisations working on the ground is taken with a view to assisting vulnerable groups, including refugees and displaced persons, protecting those groups and creating adequate conditions to ensure their security and dignity;

19.  Notes with concern that, according to the UNHCR, 34 000 Syrian refugees have sought refuge in Iraqi Kurdistan since the start of the war, and calls for assistance for the Iraqi authorities in managing the refugee flow into Iraq, in particular by ensuring that the refugees are accepted into the territory on humanitarian grounds and are directed to refugee camps; also urges the EU to pledge and contribute to assistance for the Government of Iraq in securing humane living conditions in such refugee camps;

20.  Calls on the Iraqi authorities, while acknowledging their commitment, to secure the safety of, and humane living conditions for the residents of Camp Ashraf and Camp Hurriya; asks the Member States to honour Article 105(3)(b) and (4) of the partnership and cooperation agreement between the EU and Iraq and to do everything possible to facilitate the resettlement or repatriation of the residents of Camp Hurriya on an individual basis, and according to their own free will, so that the issue of their presence on Iraqi territory can finally be settled;

21.  Calls for the revision of the Constitution, the Penal Code and the Penal Procedural Code in order to ensure full respect for equality between men and women and for women’s rights; reaffirms the key role women can play in re-establishing the fabric of society and stresses the need for their full political participation, including in the development of national strategies, in order to take into account their perspectives;

22.  Encourages NGOs to contribute to the strengthening of democracy and human rights in Iraq by providing targeted assistance to women who are victims of violence, forced marriages, honour crimes, human trafficking and genital mutilation;

23.  Urges the Iraqi Parliament and Government to put in place legislation against child labour, prostitution of children and trafficking, and to guarantee compliance with the UN Convention on the Rights of the Child;

24.  Calls for particular attention to be paid to women’s participation in the post-conflict reconstruction process and at the highest levels of political and economic life, especially for women from minority communities, who often face double discrimination on the basis of both gender and ethnic or religious identity; urges the Iraqi authorities to take the requisite measures to develop an inclusive civil society which can play a full part in the political process and to encourage an independent, pluralist and professional media sector;

25.  Expresses great concern at the many cases of suicide by women and honour killings in connection with forced marriages, and other common instances of violence against women, such as female genital mutilation and domestic abuse; stresses the importance of introducing an adequate and effective body of laws upholding and protecting women’s and girls’ rights and social, cultural and physical integrity, of promoting full access to socio-economic integration and of eliminating discrimination against women under the law in line with the Iraqi Constitution and Iraq’s international human rights treaty obligations;

26.  Welcomes the Commission’s Joint Strategy Paper (2011-2013), which marks the transition to multiannual programming of EU development cooperation on the basis of consultation with the Iraqi authorities and coordination with the other international players (World Bank, UN) active in Iraq; notes that this new approach is consistent with the main guidelines set out in its recommendation to the Council of 13 March 2008;

27.  Applauds the successes achieved by the EUJUST LEX mission and the implementation in Iraq, for the first time, of pilot projects coordinated with the Commission project; urges that on completion of that mission the EU should make use of all the experience gained by drawing on both the ESDP and Union instruments in order to continue to provide assistance on the ground so as to strengthen the Iraqi police and penal system;

28.  Reiterates its call for evidence to be provided of the transparency and effectiveness of Union aid to Iraq, in the form of comprehensive, regular and transparent information concerning the actual disbursement of Union aid and the uses to which it is put, in particular as regards the appropriations channelled through the IRFFI, to which the EU is the main donor;

29.  Notes that the EU cooperation activities programmed in the area of social and human development seek to combat poverty, to meet basic health, education and employment needs and to promote fundamental freedoms for everyone, including the most vulnerable groups, i.e. refugees, displaced persons and all religious minorities; insists that all these activities must be implemented in such a way as to strengthen capacity and institutions, in keeping with the principles of inclusion, transparency and good governance;

30.  Highlights the sensitive geopolitical position of Iraq, which neighbours Syria, Iran, Turkey, Saudi Arabia and Jordan; expects Iraq to play a stabilising role in the region, in particular in view of the ongoing civil war in Syria; expects Iraq to support a democratic and inclusive transition in Syria;

31.  Applauds the recent establishment of Iraq’s High Commission for Human Rights as an independent institution that can give meaning to the rights guaranteed in Iraq’s Constitution and play a central role in the protection of these rights; emphasises the importance of maintaining this institution’s independence from political influence and of providing adequate, secure and independent financial support for its operations; stresses the need for regular, transparent and ongoing cooperation by government organs with the Commission’s investigations; calls on the Member States to support its development through technical assistance, ongoing dialogue and the sharing of experience in relation to human rights protection efforts;

32.  Instructs its President to forward this resolution to the President of the European Council, the President of the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the presidents of the parliaments of the Member States and the Government and the Council of Representatives of the Republic of Iraq.

(1) OJ L 204, 31.7.2012, p. 20. (2) OJ C 298 E, 8.12.2006, p. 287. (3) OJ C 66 E, 20.3.2009, p. 75. (4) OJ C 99 E, 3.4.2012, p. 115. (5) OJ C 136 E, 11.5.2012, p. 53.

European Parliament legislative resolution of 17 January 2013 on the draft Council decision on the conclusion of a Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (10209/2012 – C7-0189/2012 – 2010/0310(NLE))

P7_TA(2013)0023 A7-0411/2012

(Consent)

The European Parliament,

–  having regard to the draft Council decision (10209/2012),

–  having regard to the draft Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (05784/2011),

–  having regard to the request for consent submitted by the Council in accordance with Articles 79(3), 91, 100, 192(1), 194, 207 and 209 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0189/2012),

–  having regard to Rules 81 and 90(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Foreign Affairs and the opinion of the Committee on International Trade (A7-0411/2012),

1.  Consents to conclusion of the agreement;

2.  Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States and of the Republic of Iraq.

European Parliament resolution of 17 January 2013 on the implementation of the Interim Economic Partnership Agreement (IEPA) between the European Community and the Eastern and Southern Africa States, in the light of the current situation in Zimbabwe (2013/2515(RSP))

P7_TA(2013)0024 B7-0027/2013

The European Parliament,

–  having regard to the Interim Economic Partnership Agreement between Madagascar, Mauritius, the Seychelles and Zimbabwe, on the one part, and the European Community, on the other part, which has been provisionally applied since 14 May 2012,

–  having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific (ACP) Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (the Cotonou Agreement),

–  having regard to the General Agreement on Tariffs and Trade (GATT), in particular Article XXIV thereof,

–  having regard to the United Nations Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals (MDGs),

–  having regard to its resolution of 25 March 2009 on the Interim agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States on the one part and the European Community and its Member States on the other part(1),

–  having regard to the Communiqué of the Southern African Development Community Extraordinary Summit of 1 June 2012,

–  having regard to the Council conclusions on Zimbabwe of 23 July 2012 and to Council Implementing Decision 2012/124/CFSP concerning restrictive measures against Zimbabwe(2),

–  having regard to Rule 110(2) of its Rules of Procedure,

A.  whereas the trade cooperation chapter of the Cotonou Agreement, under which the EU extended non-reciprocal trade preferences to ACP countries, expired on 31 December 2007, since when the situation has not complied with World Trade Organisation rules;

B.  whereas economic partnership agreements (EPAs) are WTO-compatible agreements aimed at supporting regional integration through trade development, sustainable growth and poverty reduction while promoting the gradual integration of the ACP economies into the world economy;

C.  whereas Madagascar, Mauritius, the Seychelles and Zimbabwe are signatories to the Cotonou Agreement; whereas respect for human rights is an essential element of the development cooperation agreement between the EU and the ACP countries;

D.  whereas interim economic partnership agreements (IEPAs) may be considered as a first step in the process towards full EPAs, thanks to the inclusion not only of rules on trade in goods but also of chapters on rules of origin and the protection of infant industry;

E.  whereas provisions on good governance, transparency in political offices and human rights, in accordance with Articles 8,11(b), 96 and 97 of the Cotonou Agreement, have to be considered to be part of this IEPA between the European Community, on the one part, and the Seychelles, Madagascar, Mauritius and Zimbabwe, on the other part;

F.  whereas, although the current situation in Zimbabwe with regard to human rights and democracy has shown signs of improvement, there remain many challenges for future cooperation between the Union and Zimbabwe, notably the full implementation of the Global Political Agreement (GPA) and an end to all forms of harassment and human rights abuses;

G.  whereas Zimbabwe’s economic recovery is still fragile and certain state policies present a threat to future economic relations between the Union and Zimbabwe;

H.  whereas Zimbabwe is showing flagrant disregard for international agreements and its own domestic laws by continuing to permit the sale of illegal elephant ivory;

1.  Points out that the EU must promote fair trade between itself and developing countries, based on full respect for and a guarantee of ILO labour standards and working conditions, and must ensure the application of the highest possible social and environmental standards; takes the view that this includes paying a fair price for resources and agricultural products from developing countries;

2.  Highlights the provisional entry into force of the IEPA as an important step towards enhancing the partnership between the EU and the four African countries concerned, within a stable legal framework; underlines the importance of continuing negotiations with a view to arriving at a full agreement aimed at encouraging increased open and fair trade, investment and regional integration;

3.  Considers the entry into force of the Human Rights Commission Act in Zimbabwe as an encouraging step by the government with a view to improving the human rights situation in that country and as a step forward as part of the agreed roadmap for peaceful and credible elections;

4.  Calls on the Commission to upgrade negotiations with the seven remaining countries of the region and to adopt a development-friendly approach that is both in line with the strategic objectives and priorities of the region and its countries and in conformity with WTO rules;

5.  Expresses its concern, nevertheless, about continuing abuses of human rights and fundamental freedoms in Zimbabwe, which are undermining the commitments made by Zimbabwe’s Government of National Unity in recent years, and in particular about recent incidents of harassment of human rights defenders, journalists and members of civil society in Zimbabwe; calls on the Government of Zimbabwe to take all the necessary measures to ensure that no one is subjected to harassment or intimidation for addressing human rights issues;

6.  Deplores the absence of a strong human rights clause in the IEPA, and repeats its call for trade agreements concluded by the EU to include binding human rights clauses; regrets the omission of a chapter on sustainable development and of a requirement to respect international labour and environmental standards.

7.  Stresses that freedom of assembly, association and expression are essential components of democracy to which Zimbabwe fully committed itself under the GPA; draws attention to the current consent procedure, emphasising that the ratification of the IEPA with the European Union is a further opportunity to reiterate the need for full implementation of those commitments and obligations;

8.  Stresses that under the circumstances the suspension of EU development cooperation (under Article 96 of the Cotonou Agreement) should be maintained, but that the EU remains committed in its support for the local population;

9.  Supports the targeted measures the EU currently has in place, which are a response to the political and human rights situation in Zimbabwe, with annual decisions allowing the EU to keep senior figures in the Zimbabwean Government under constant review; emphasises, furthermore, that these measures will not be affected by the IEPA;

10.  Calls on the Zimbabwean Government to take the necessary steps, including restoration of the rule of law, democracy and respect for human rights and, in particular, a peaceful and credible constitutional referendum and electoral preparations that meet recognised international standards, to enable the targeted measures to be suspended;

11.  Reaffirms its willingness to use all the tools at its disposal should there be a significant deterioration in the human rights situation, including, inter alia, considering the use of the provisions set out in Article 65 of the Agreement (the so-called ‘non-execution’ clause);

12.  Calls on the EU delegation in Harare to continue to offer its assistance to Zimbabwe’s Government of National Unity in order to improve the human rights situation with a view to peaceful and credible elections in line with the standards the EU would expect of any of its trading partners;

13.  Calls on the Zimbabwean Government to enforce the identification and prosecution of those implicated in the illegal export and trade of ivory and, furthermore, to work on increasing transparency in Zimbabwe’s extractive industries, in order to ensure that wealth accrued from the legal exploitation of the country’s natural resources is properly accounted for and benefits all Zimbabweans;

14.  Instructs its President to forward this resolution to the Commission, the Council, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the European External Action Service, the Government and Parliament of Zimbabwe and the governments of the Southern African Development Community.

(1) OJ C 117 E, 6.5.2010, p. 129. (2) OJ L 54, 28.2.2012, p. 20.

European Parliament legislative resolution of 17 January 2013 on the draft Council decision on the conclusion of the Interim Agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (11699/2012 – C7-0193/2012 – 2008/0251(NLE))

P7_TA(2013)0025 A7-0431/2012

(Consent)

The European Parliament,

–  having regard to the draft Council decision (11699/2012),

–  having regard to the Interim Agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part(1),

–  having regard to the request for consent submitted by the Council in accordance with Article 207(4), Article 209(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0193/2012),

–  having regard to Rules 81 and 90(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Development (A7-0431/2012),

1.  Consents to conclusion of the Agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Madagascar, Mauritius, the Seychelles and Zimbabwe.

(1) OJ L 111, 24.4.2012, p. 2.

European Parliament resolution of 17 January 2013 on state aid modernisation (2012/2920(RSP))

P7_TA(2013)0026 B7-0024/2013

The European Parliament,

–  having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 109 thereof,

–  having regard to the proposal of the Commission for a Council Regulation amending Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (COM(2012)0725),

–  having regard to the proposal of the Commission for a Council Regulation amending Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid and Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road (COM(2012)0730),

–  having regard to the Commission Communication entitled ‘EU State Aid Modernisation (SAM)’ (COM(2012)0209),

–  having regard to the opinion of the Committee of the Regions adopted at its 98th plenary session, held on 29 November 2012,

–  having regard to European Court of Auditors Special Report No 15/2011 entitled ‘Do the Commission's procedures ensure effective management of state aid control?’,

–  having regard to the Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission(1) (hereinafter ‘the Framework Agreement’), and in particular paragraph 15 thereof,

–  having regard to the question to the Commission on state aid modernisation (O-000213/2012 – B7-0102/2013),

–  having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A.  whereas the Commission has presented proposals for two regulations implementing the state aid modernisation programme, with Article 109 TFEU as their legal base; whereas this legal base provides only for consultation of Parliament, not codecision;

B.  whereas the objective of the proposals is to focus resources on assessing more serious cases of aid rather than dealing with smaller cases and minor complaints which have no bearing on trade between Member States;

C.  whereas the proposals, and in particular the amendment to the procedural Regulation (EC) No 659/1999, concern the modalities for Commission control of decisions by elected national and local authorities, and whereas there is therefore a strong case for democratic oversight of these texts to be exercised by Parliament;

D.  whereas Parliament should be associated in the preparation of such proposals, as foreseen by paragraph 15 of the Framework Agreement between Parliament and the Commission;

1.  Welcomes the Commission’s Communication on state aid modernisation and the Commission’s new proposals for regulations; calls on the Commission, however, to ensure that stimulating economic growth, as one of the overall aims of this reform, will not again lead to an increase in public debt;

2.  Underlines the need for less, but better-targeted, state aid which places less demand on public spending and does not distort competition, while supporting the shift to a knowledge economy;

3.  Stresses that state aid must be designed in a way that fosters the development of services, knowledge and infrastructure per se, rather than providing support to specific companies;

4.  Underlines the fact that the primary role of state aid control is to ensure a level playing field in the internal market; welcomes the State Aid Modernisation package as a cornerstone of the ongoing process of modernising competition policy; calls for timely implementation of the reform package;

5.  Recognises the role played by state aid, enabled through a special crisis regime, in addressing the crisis; recognises also that using and controlling state aid appropriately will play an important part in achieving the goals of the EU 2020 growth strategy;

6.  Stresses that competition policy must enable appropriate state support for the ecological transformation of the economy, in particular with regard to renewables and energy efficiency, and that the new guidelines should be based on this premise;

7.  Shares the Commission’s view that state aid procedures need to be accelerated to allow for greater concentration on complicated cases that can have serious effects on competition in the internal market; takes note of the Commission’s proposal to raise its level of discretion in deciding how to deal with complaints; calls on the Commission to provide detailed criteria for distinguishing between important and less important cases in this context; points out that appropriate ways of making such distinctions would be to raise the thresholds for the De Minimis Regulation and to extend the horizontal categories in the Enabling Regulation and the General Block Exemption Regulation;

8.  Notes that these objectives have been set on numerous occasions in the past, and have been the basis for past revisions of state aid law, but would appear not to have been fully met, given that these new proposals are now necessary;

9.  Expresses the hope that, on this occasion, the proposals will meet the objectives set, while not discouraging complainants from coming forward to draw serious cases of distortion of competition to the Commission’s attention;

10.  Notes the Commission’s general intention to exempt more measures from the notification requirement; notes, in particular, that the Commission’s proposal includes coverage by the Enabling Regulation of aid granted to culture and aid to make good the damage caused by natural disasters; stresses, however, that the Members States will have to ensure ex ante compliance with state aid rules of de minimis measures and block-exempted schemes in order to preserve a sufficient level of control, while the Commission will continue to exercise ex post control of such cases; underlines that this must not lead to increased state aid; calls on the Commission to ensure that there is a long-term reduction in state aid;

11.  Underlines the fact that the Commission must ensure a better exchange with Member States in terms of the quality and timeliness of submission of information and the preparation of notifications; stresses that effective national systems must ensure that state aid measures exempted from the ex ante notification obligation comply with EU law;

12.  Notes that to date relevant information for state aid control cases has been delivered exclusively by the Member States; asks the Commission to assess whether there will be a further need for additional human resources in order to extend its information-gathering tools and to enable it to receive direct information from market participants;

13.  Is deeply concerned by the Court of Auditors’ findings that the Commission does not attempt systematically to detect unnotified aid measures or assess the ex post impact of its state aid control in a comprehensive way; requests further clarification regarding the 40 % of the cases of state aid granted under the Block Exemption Regulations that may be problematic; underlines the special difficulty this poses for new entrants and for small and medium-sized enterprises, and the distorting effect it has on competition;

14.  Urges the Commission to address, in the context of state aid modernisation, the abovementioned issues, and to ensure that the possible weakening of the ex ante monitoring of notifications will be offset by effective and strict ex post control on behalf of the Commission to ensure adequate compliance;

15.  Regrets that the legal base for the new proposals, Article 109 TFEU, provides only for consultation of Parliament, not codecision in line with other areas of market integration and economic regulation further to the entry into force of the Lisbon Treaty;

16.  Believes that this democratic deficit cannot be tolerated in respect of proposals that concern the means of oversight by the Commission of decisions and acts by national and local elected authorities, notably as regards services of general economic interest related to fundamental rights;

17.  Proposes that this deficit be overcome through interinstitutional arrangements and corrected in any future Treaty change;

18.  Urges the Commission and Council, meanwhile, to take the utmost account of proposals for amendment which Parliament brings forward in the consultation procedure;

19.  Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 304, 20.11.2010, p. 47.

European Parliament resolution of 17 January 2013 on recent casualties in textile factory fires, notably in Bangladesh (2012/2908(RSP))

P7_TA(2013)0027 RC-B7-0004/2013

The European Parliament,

–  having regard to the EC-Bangladesh Cooperation Agreement of 2001,

–  recalling its resolutions of 25 November 2010 on human rights and social and environmental standards in international trade agreements(1) and on corporate social responsibility in international trade agreements(2),

–  having regard to the International Labour Organisation (ILO) report entitled ‘Globalising Social Rights: The International Labour Organisation and beyond’,

–  having regard to the ILO report entitled ‘Labour in the Global South: Challenges and alternatives for workers’,

–  having regard to the ILO report entitled ‘Globalisation, Flexibilisation and Working Conditions in Asia and the Pacific’,

–  having regard to its resolution of 9 March 2011 on an industrial policy for the globalised era(3),

–  having regard to the updated OECD Guidelines for Multinational Enterprises of 2011,

–  having regard to the ILO Promotional Framework for Occupational Safety and Health (2006, C-187) and the Occupational Safety and Health Convention (1981, C-155), which have not been ratified by Bangladesh and Pakistan, as well as their respective recommendations (R-197); having regard also to the Labour Inspection Convention (1947, C-081), to which Bangladesh and Pakistan are signatories, and its recommendations (R-164),

–  having regard to the Commission communication entitled ‘A renewed EU strategy 2011-2014 for Corporate Social Responsibility’ (COM(2011)0681),

–  having regard to the UN Guiding Principles on Business and Human Rights,

–  having regard to Rule 110(2) and (4) of its Rules of Procedure,

A.  whereas at least 112 people died at the Tazreen factory fire, in the Ashulia district, Dhaka, Bangladesh on 24 November 2012 and 289 people perished in a blaze in Karachi, Pakistan in September 2012;

B.  whereas hundreds of workers are killed every year in similar accidents all over South Asia, with an estimated 600 garment workers having died since 2005 in factory fires in Bangladesh alone, many of which could have been prevented;

C.  whereas conditions in the textile factories are often poor, with little regard for labour rights such as those recognised under the ILO’s main conventions, and often with little or no regard for fire safety; whereas many owners of such factories have gone unpunished and therefore have done little to improve working conditions;

D.  whereas there are more than 5 000 textile factories in Bangladesh, employing approximately 3,5 million people, with Bangladesh being the world’s second-largest exporter of ready-made clothes, next only to China;

E.  whereas the European market is the largest export destination for Bangladeshi apparel and textile products, with prominent Western companies admitting they had contracts with the owners of the Tazreen factory for the supply of garments;

F.  whereas rising labour costs in other parts of the world have pushed low-skilled manufacturing jobs into India, Pakistan, Cambodia, Vietnam and, in particular, Bangladesh, where clothes now make up 75 % of exports;

G.  whereas it is regrettable that some companies initially sought to deny working with the company involved in the Dhaka fire, only later acknowledging that their clothes had been produced at the site;

H.  whereas in recent months tensions between the Bangladeshi Government and labour activists have been escalating, with workers denouncing their low salaries and poor working conditions;

I.  whereas the murder in April 2012 of Aminul Islam, who had been criticising the unsafe factory conditions in the garment industry in Bangladesh, remains unsolved;

1.  Expresses its sorrow at the loss of life suffered in the recent factory fires; extends its condolences to the bereaved families and to those injured; regards as wholly unacceptable the number of workers who have perished in factory fires in recent years in South Asia;

2.  Calls on the Governments of Bangladesh and Pakistan to continue with thorough investigations into the recent events and to put in place measures to prevent a recurrence of the tragedies, including full compliance by all manufacturers with health and safety legislation (notably the Labour Act (2006) in Bangladesh) and the establishment of an effective and independent system of labour inspections and inspections of industrial buildings;

3.  Welcomes the Bangladesh Fire and Building Safety Agreement between a number of trade unions, NGOs and multinational textile retailers, aimed at improving safety standards at production sites and agreeing to pay for such measures, in particular by establishing an independent inspection system and actively supporting the creation of ‘health and safety committees’ involving workers’ representations in each factory, which are obligatory by law but rarely operational; calls on all relevant textile brands to support this effort;

4.  Urges all stakeholders to combat the corruption in the supply chain which is apparent in many South Asian nations, including collusion between safety inspectors and factory owners; calls for more to be done to combat such practices;

5.  Expects those responsible for criminal negligence and other criminal activity in relation to the fires to be brought to justice, and local authorities and factory management to cooperate in order to guarantee full access to the justice system for all victims, so as to enable them to claim compensation; welcomes the steps which have already been taken by the Bangladeshi and Pakistani Governments to support the victims and their families;

6.  Welcomes the action of those European retailers which have already contributed to compensation schemes for the victims and their families and encourages others to follow their example; calls for free medical rehabilitation for the injured and care for deceased workers’ dependent family members;

7.  Calls on major international garment brands to critically investigate their supply chains and to cooperate with their subcontractors to improve occupational health and safety standards; calls on retailers, NGOs and all the other actors involved, including as appropriate the Commission, to work together to look at developing a voluntary labelling standard certifying that a product was manufactured in accordance with the ILO’s core labour standards;

8.  Calls on the Commission actively to promote mandatory responsible business conduct among EU companies operating abroad, with a special focus on ensuring strict compliance with all their legal obligations, in particular international standards and rules in the areas of human rights, labour and the environment;

9.  Welcomes initiatives currently being delivered by the Commission with the aim of providing support for improving factory safety in Bangladesh, for example through the ‘Promotion of Labour Standards in the RMG sector’ project and joint work with the Bangladesh Fire Service and Civil Defence Directorate; calls for such cooperation to be strengthened and expanded to other countries in the region, as appropriate;

10.  Recalls the need for consistent implementation of the ILO’s eight core conventions; underlines the importance of robust health and safety provisions for workers, irrespective of the country in which their workplace is located;

11.  Calls on the European External Action Service to ensure that EU trade officers, if based in EU delegations, are given regular training on corporate social responsibility issues, in particular with respect to the implementation of the UN ‘Protect, Respect and Remedy’ Framework, and that EU delegations function as EU contact points for complaints concerning EU companies and their subsidiaries;

12.  Notes the important role that can be played by workers and trade unions, for example through the continued development of worker-led safety committees in all factories, and the importance of access to factories for unions in order to educate workers on how they can protect their rights and their safety, including their right to refuse unsafe work;

13.  Welcomes Bangladesh’s successful efforts to reduce child labour in the garment sector and urges Pakistan to step up its engagement against child labour;

14.  Urges the Bangladeshi authorities duly to investigate the torture and murder of labour rights activist Aminul Islam, and calls on both the Bangladeshi and Pakistani Governments to lift restrictions on trade union activities and collective bargaining;

15.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for Human Rights, the governments and parliaments of Pakistan and Bangladesh and the Director-General of the ILO.

(1) OJ C 99 E, 3.4.2012, p. 31. (2) OJ C 99 E, 3.4.2012, p. 101. (3) OJ C 199 E, 7.7.2012, p. 131.

European Parliament resolution of 17 January 2013 on the Recommendations of the Non-Proliferation Treaty Review Conference regarding the establishment of a Middle East free of weapons of mass destruction (2012/2890(RSP))

P7_TA(2013)0028 RC-B7-0534/2012

The European Parliament,

–  having regard to the statement of 24 November 2012 by Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy / Vice President of the Commission, on the postponement of the Helsinki Conference on the establishment of a Middle East zone free of weapons of mass destruction (WMD),

–  having regard to the six-monthly progress report on the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction (2012/I)(1) of August 2012,

–  having regard to the three EU seminars on ‘Middle East Security, WMD Non-proliferation and Disarmament’ held in Paris in June 2008, the first EU Non-Proliferation Consortium Seminar on the Middle East, held in Brussels on the 6-7 July 2011, and the second EU Non-Proliferation Consortium Seminar on the Middle East, held on 5-6 November 2012, which had the objective of preparing the UN conference on the Middle East zone free of weapons of mass destruction,

–  having regard to the European Union Strategy against the Proliferation of Weapons of Mass Destruction, adopted by the European Council on 12 December 2003,

–  having regard to Council Decision 2012/422/CFSP of 23 July 2012 in support of a process leading to the establishment of a zone free of nuclear weapons and all other weapons of mass destruction in the Middle East,

–  having regard to its previous resolutions of 26 February 2004(2), 10 March 2005(3), 17 November 2005(4) and 14 March 2007(5) on nuclear non-proliferation and nuclear disarmament, and of 10 March 2010(6) on the Treaty on the Non-Proliferation of Nuclear Weapons,

–  having regard to the UN General Assembly Resolution of 13 December 2011 on the establishment of a nuclear-weapon-free zone in the region of the Middle East,

–  having regard to the report of the UN Secretary-General of 6 October 2010 on the risk of nuclear proliferation in the Middle East,

–  having regard to the final document of the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,

–  having regard to the Joint Declaration of the Paris Summit for the Mediterranean of 13 July 2008,

–  having regard to Rule 110(2) and (4) of its Rules of Procedure,

A.  whereas the Conference on the establishment of a Middle East zone free of nuclear weapons and all other weapons of mass destruction, which was scheduled for December 2012, has been postponed;

B.  whereas the cancellation of the conference on a Middle East zone free of weapons of mass destruction envisioned in the 2010 Non-Proliferation Treaty Review Conference could have a negative impact on regional security and international denuclearisation efforts;

C.  whereas the Treaty on the Non-Proliferation of Nuclear Weapons and Weapons of Mass Destruction is a cornerstone of international security; and whereas the most pressing security priorities are to prevent additional states from obtaining or using nuclear weapons, to reduce global stockpiles and to move towards a world without nuclear weapons;

D.  whereas in the final document of the 2010 Nuclear Proliferation Treaty (NPT) Review Conference there is an agreement to convene a conference in 2012 on the establishment of a zone free of nuclear weapons and other weapons of mass destruction in the Middle East, and whereas such a process is urgently needed in order to reaffirm the validity of the NPT;

E.  whereas the preparations for this conference have been underway since the appointment of Jaako Laajava, Finland’s Under-Secretary of State, as the facilitator for this Conference;

F.  whereas a number of nuclear-weapons-free zone treaties already exist for other regions of the world, namely Latin America and the Caribbean, the South Pacific, Southeast Asia, Africa and Central Asia; whereas Mongolia’s self-declared nuclear-weapon-free status has been recognised through the adoption of the UN General Assembly’s resolution on Mongolia’s international security and nuclear-weapon-free status; whereas there are other treaties that also deal with the denuclearisation of certain areas, such as the Antarctic Treaty, the Outer Space Treaty, the Moon Agreement and the Seabed Treaty;

G.  whereas the EU encourages all states of the region to continue their constructive engagement with the facilitator take further initiatives towards achieving the complete elimination of all weapons of mass destruction – whether they be nuclear, chemical or biological – in the region, alongside their delivery systems;

H.  whereas the European Union, along with all the members of the Euro-Mediterranean Partnership, subscribed to the goal of promoting the establishment of a WMD-free zone in the Middle East in the Barcelona Declaration of 1995; whereas the EU supports the efforts of the facilitator and the aim of promoting the establishment of a WMD-free zone in the Middle East, notably through the ‘Non-Proliferation consortium’ and a series of seminars on the topic, such as those held in 2008 and 2011 and in November 2012;

I.  whereas the Russian Federation, the United Kingdom and the United States are the co-sponsors of the 1995 Non-Proliferation Treaty Resolution on the Middle East and the depositary States of the Treaty;

J.  whereas the political situation in the region is still very unstable, with turmoil and dramatic political changes taking place in the Middle East, including an escalation of the conflict in Syria, the standoff with Iran and growing tension between Israel and Palestine and neighbouring countries;

K.  whereas the EU supports the ongoing preparations for the conference, with the participation of all states of the region, and with a view to a successful outcome, against the backdrop of turmoil and political change taking place in the Middle East;

L.  whereas the call of the Non-Aligned Movement for the speedy establishment of a Middle East nuclear-weapons-free zone as a priority step towards the establishment of a WMD-free zone in the region;

1.  Deplores the postponement of the Conference on the establishment of a Middle East zone free of nuclear weapons and all other weapons of mass destruction, which the 2010 Review Conference of the ‘Non-Proliferation Treaty’ had scheduled for 2012;

2.  Welcomes the role of the United Nations in the establishment of a mutually verifiable nuclear-weapon-free zone; notes that not all states in the region are parties to the non-proliferation treaty;

3.  Urges the UN Secretary-General, the UN facilitator, the sponsors of the 1995 Resolution on the Middle East, the EU High Representative and the EU Member States to make sure that the 2012 Conference takes place as soon as possible in 2013;

4.  Strongly believes that the establishment of a nuclear-weapon-free zone in the region of the Middle East would greatly enhance international peace and stability, and could be an example and a positive step forward for the Global Zero campaign;

5.  Calls on the HR/VP Catherine Ashton to ensure that the European Union remains actively engaged in supporting this process, particularly through active diplomatic encouragement of all parties concerned to engage constructively and with reinforced political will in the negotiations;

6.  Welcomes the involvement of the EU in the process towards the establishment of a weapons-of-mass-destruction-free zone (WMDFZ) in the Middle East; considers that declarations of good intentions represent a first step towards breaking the current stalemate; is of the opinion that a peaceful resolution of the Middle East conflicts could create the confidence necessary for the eventual establishment of a WMDFZ in the Middle East;

7.  Reminds all stakeholders concerned of the urgency of the issue, bearing in mind the conflict concerning, and negotiations on, the Iranian nuclear programme and the civil war in Syria; recalls the fact that the Syrian Government still controls one of the post powerful and dangerous chemical weapons arsenals in the world;

8.  Calls on all countries in the region to accede to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and to the Biological and Toxin Weapons Convention;

9.  Underlines the importance of the ongoing dialogue on a Middle Eastern WMD-free zone with a view to exploring the broad framework and the interim steps that would strengthen regional peace and security; stresses that key elements should include compliance with comprehensive IAEA safeguards (and an additional protocol), a ban on the production of fissile material for weapons and on uranium enrichment beyond normal fuel grade, accession to the treaties prohibiting biological and chemical weapons, and the establishment of a nuclear-weapon-free zone in the region of the Middle East; stresses that these measures would greatly enhance international peace and security;

10.  Calls for a new confidence-building initiative at regional level, based on the example of the Helsinki process, with the aim of achieving the long-term goal of a Middle East free of military conflicts;

11.  Asks the HR/VP Catherine Ashton to keep Parliament informed of any developments related to the ongoing efforts to reconvene the Conference following the postponement of its scheduled date in December 2012;

12.  Instructs its President to forward this resolution to the High Representative for Foreign Affairs and Security Policy, the Council, the Commission, the parliaments and governments of the EU Member States, the Secretary-General of the United Nations, the facilitator, and the governments and parliaments in the Middle East.

(1) OJ C 237, 7.8.2012, p. 1. (2) OJ C 98 E, 23.4.2004, p. 152. (3) OJ C 320 E, 15.12.2005, p. 253. (4) OJ C 280E, 18.11.2006, p. 453. (5) OJ C 301 E, 13.12.2007, p. 146. (6) OJ C 349 E, 22.12.2010, p. 77.