Index 
Texts adopted
Wednesday, 13 March 2019 - StrasbourgFinal edition
Non-objection to a delegated act: exemption of the Bank of England from the pre- and post-trade transparency requirements in Regulation (EU) No 600/2014
 Non-objection to a delegated act amending Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to the list of exempted entities
 Non-objection to a delegated act amending Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to the list of exempted entities
 Non-objection to a delegated act: exemption of the Bank of England and the United Kingdom Debt Management Office from the scope of Regulation (EU) No 596/2014
 Non-objection to a delegated act: possibility to adjust the average daily number of transactions for a share where the trading venue with the highest turnover of that share is located outside the Union
 Failure in committee to secure a majority on a proposal for a legally binding act (interpretation of Rule 171(1), first subparagraph, point (b), of the Rules of Procedure)
 Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom ***I
 Continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the UK's withdrawal from the EU ***I
 Continuation of ongoing learning mobility activities under the Erasmus+ programme in the context of the UK's withdrawal from the EU ***I
 Aviation safety with regard to the withdrawal of the United Kingdom from the Union ***I
 EU-Afghanistan Cooperation Agreement on Partnership and Development ***
 EU-Afghanistan Cooperation Agreement on Partnership and Development (resolution)
 Participation of Norway, Iceland, Switzerland and Liechtenstein in eu-LISA ***
 Scope and mandate for EU Special Representatives
 Accessibility requirements for products and services ***I
 Visa Information System ***I
 Establishing the Asylum and Migration Fund ***I
 Establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa ***I
 Establishing the Internal Security Fund ***I
 Definition, presentation and labelling of spirit drinks and protection of geographical indications thereof ***I
 Proposed amendments to Protocol No 3 on the Statute of the Court of Justice of the European Union ***I
 Establishing contingency measures in the field of social security coordination following the UK's withdrawal from the EU ***I
 Common rules ensuring basic road freight connectivity with regard to the withdrawal of the United Kingdom from the Union ***I
 Common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom from the Union ***I
 Rules relating to the European Maritime and Fisheries Fund following the UK's withdrawal from the Union ***I
 Fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters ***I
 Certain aspects of railway safety and connectivity with regard to the withdrawal of the United Kingdom from the Union ***I
 A Europe that protects: Clean air for all
 Follow up taken by the EEAS two years after the EP report on EU strategic communication to counteract propaganda against it by third parties
 Association Agreement between the EU and Monaco, Andorra and San Marino
 European Cybersecurity Industrial, Technology and Research Competence Centre and Network of National Coordination Centres ***I
 Amending Regulation (EC) No 391/2009 with regard to the UK's withdrawal from the Union ***I
 Amending Regulation (EU) No 1316/2013 with regard to the UK's withdrawal from the Union ***I
 Port reception facilities for the delivery of waste from ships ***I
 Prolongation of the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code ***I
 Combating fraud and counterfeiting of non-cash means of payment ***I
 Objection to an implementing act: Maximum residue levels for several substances including clothianidin
 Genetically modified maize 4114 (DP-ØØ4114-3)
 Genetically modified maize MON 87411 (MON-87411-9)
 Genetically modified maize Bt11 × MIR162 × 1507 × GA21 and sub-combinations Bt11 × MIR162 × 1507, MIR162 × 1507 × GA21 and MIR162 × 1507
 Active substances, including thiacloprid
 2018 Report on Turkey
 European Semester for economic policy coordination: Annual Growth Survey 2019
 European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2019

Non-objection to a delegated act: exemption of the Bank of England from the pre- and post-trade transparency requirements in Regulation (EU) No 600/2014
PDF 114kWORD 48k
European Parliament decision to raise no objections to the Commission delegated regulation of 30 January 2019 amending Delegated Regulation (EU) 2017/1799 as regards the exemption of the Bank of England from the pre- and post-trade transparency requirements in Regulation (EU) No 600/2014 (C(2019)00793 – 2019/2546(DEA))
P8_TA(2019)0159B8-0143/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)00793),

–  having regard to the Commission’s letter of 30 January 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 21 February 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012(1), and in particular Articles 1(9) and 50(5) thereof,

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the amending delegated act contains important amendments to ensure that the Bank of England will continue to benefit from the existing exemption in accordance with Article 1(9) of Regulation (EU) No 600/2014, after a status change of the United Kingdom to a third country;

B.  whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of the United Kingdom withdrawing from the Union without a withdrawal agreement;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 173, 12.6.2014, p. 84.


Non-objection to a delegated act amending Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to the list of exempted entities
PDF 113kWORD 47k
European Parliament decision to raise no objections to the Commission delegated regulation of 30 January 2019 amending Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to the list of exempted entities (C(2019)00794 – 2019/2547(DEA))
P8_TA(2019)0160B8-0144/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)00794),

–  having regard to the Commission’s letter of 30 January 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 21 February 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse, and in particular Articles 2(4) and 30(5) thereof(1),

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the delegated act contains important amendments to ensure that the United Kingdom central bank and public bodies charged with, or intervening in, the management of the public debt will be exempted from the reporting obligation under Article 4 and the reuse transparency requirements under Article 15 of Regulation (EU) 2015/2365;

B.  whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of a withdrawal of the United Kingdom from the Union without a withdrawal agreement;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 337, 23.12.2015, p. 1.


Non-objection to a delegated act amending Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to the list of exempted entities
PDF 113kWORD 48k
European Parliament decision to raise no objections to the Commission delegated regulation of 30 January 2019 amending Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to the list of exempted entities (C(2019)00791 – 2019/2549(DEA))
P8_TA(2019)0161B8-0145/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)00791),

–  having regard to the Commission’s letter of 30 January 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 21 February 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories(1), and in particular Articles 1(6) and 82(6) thereof,

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the delegated act contains important amendments to ensure that the United Kingdom central bank and public bodies charged with or intervening in the management of the public debt will be exempted from the clearing and reporting requirements and the requirement to apply risk-mitigation techniques to non-cleared transactions laid down in Regulation (EU) No 648/2012;

B.  whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of a withdrawal of the United Kingdom from the Union without a withdrawal agreement;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 201, 27.7.2012, p. 1.


Non-objection to a delegated act: exemption of the Bank of England and the United Kingdom Debt Management Office from the scope of Regulation (EU) No 596/2014
PDF 114kWORD 48k
European Parliament decision to raise no objections to the Commission delegated regulation of 30 January 2019 amending Delegated Regulation (EU) 2016/522 as regards the exemption of the Bank of England and the United Kingdom Debt Management Office from the scope of Regulation (EU) No 596/2014 (C(2019)00792 – 2019/2550(DEA))
P8_TA(2019)0162B8-0146/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)00792),

–  having regard to the Commission’s letter of 30 January 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 21 February 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC(1), and in particular Articles 6(5) and 35(5) thereof,

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the amending delegated act contains important amendments to ensure that the Bank of England and United Kingdom Debt Management Office will continue to benefit from the existing exemption in accordance with Article 6(1) of Regulation (EU) No 596/2014 after a status change of the United Kingdom to that of a third country;

B.  whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of a withdrawal of the United Kingdom from the Union without a withdrawal agreement;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 173, 12.6.2014, p. 1.


Non-objection to a delegated act: possibility to adjust the average daily number of transactions for a share where the trading venue with the highest turnover of that share is located outside the Union
PDF 114kWORD 49k
European Parliament decision to raise no objections to the Commission delegated regulation of 13 February 2019 amending Delegated Regulation (EU) 2017/588 as regards the possibility to adjust the average daily number of transactions for a share where the trading venue with the highest turnover of that share is located outside the Union (C(2019)00904 – 2019/2579(DEA))
P8_TA(2019)0163B8-0149/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)00904),

–  having regard to the Commission’s letter of 21 February 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 4 March 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU(1), and in particular Article 49(3) thereof,

–  having regard to Articles 10(1) and 13 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC(2),

–  having regard to the draft regulatory technical standards on the ‘amendment to Commission Delegated Regulation (EU) 2017/588 (RTS 11)’ submitted by the European Securities and Markets Authority on 8 November 2018 pursuant to Article 49(3) of Directive 2014/65/EU,

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the delegated act contains important amendments to preserve the competitiveness of EU trading venues that offer trading in those shares that are admitted to trading or are traded in the Union and a third country concurrently, and where the trading venue with the highest turnover in those shares is located outside the Union;

B.  whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of a withdrawal of the United Kingdom from the Union without a withdrawal agreement;

C.  whereas Parliament considers that the RTS adopted is not ‘the same’ as the draft RTS submitted by the European Securities and Markets Authority due to the Commission’s changes that were introduced in this draft, and considers that it has three months to object to the RTS (scrutiny period); whereas Parliament urges the Commission to indicate the one-month scrutiny period only in cases where the Commission has adopted the drafts of the European Supervisory Agencies without changes, i.e. where the draft and the adopted regulatory technical standards are ‘the same’;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 173, 12.6.2014, p. 349.
(2) OJ L 331, 15.12.2010, p. 84.


Failure in committee to secure a majority on a proposal for a legally binding act (interpretation of Rule 171(1), first subparagraph, point (b), of the Rules of Procedure)
PDF 107kWORD 42k
European Parliament decision of 13 March 2019 concerning the failure in committee to secure a majority on a proposal for a legally binding act (interpretation of Rule 171(1), first subparagraph, point (b), of the Rules of Procedure) (2019/2011(REG))
P8_TA(2019)0164

The European Parliament,

–  having regard to the letter of 7 March 2019 from the Chair of the Committee on Constitutional Affairs,

–  having regard to Rule 226 of its Rules of Procedure,

1.  Decides to append the following interpretation to Rule 171(1), first subparagraph, point (b), of the Rules of Procedure:""If the proposal for a legally binding act, as amended or otherwise, does not secure a majority of the votes cast in committee, then the committee shall propose to Parliament that the act be rejected.”"

2.  Instructs its President to forward this decision to the Council and the Commission, for information.


Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom ***I
PDF 121kWORD 39k
Resolution
Text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 428/2009 by granting a Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom of Great Britain and Northern Ireland (COM(2018)0891 – C8-0513/2018 – 2018/0435(COD))
P8_TA(2019)0165A8-0071/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0891),

–  having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0513/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the undertaking given by the Council representative by letter of 6 March 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on International Trade and the opinion of the Committee on Foreign Affairs (A8-0071/2019),

1.  Adopts its position at first reading, taking over the Commission proposal;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council amending Council Regulation (EC) No 428/2009 by granting a Union general export authorisation for the export of certain dual-use items from the Union to the United Kingdom

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/496.)


Continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the UK's withdrawal from the EU ***I
PDF 121kWORD 41k
Resolution
Text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council in order to allow for the continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the withdrawal of the United Kingdom from the European Union (COM(2018)0892 – C8-0512/2018 – 2018/0432(COD))
P8_TA(2019)0166A8-0021/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0892),

–  having regard to Article 294(2) and Article 178 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0512/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 20 February 2019(1),

–  after consulting the Committee of the Regions,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Regional Development (A8-0021/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council in order to allow for the continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the withdrawal of the United Kingdom from the Union

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/491.)

(1) Not yet published in the Official Journal.


Continuation of ongoing learning mobility activities under the Erasmus+ programme in the context of the UK's withdrawal from the EU ***I
PDF 123kWORD 42k
Resolution
Text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council laying down provisions for the continuation of ongoing learning mobility activities under the Erasmus+ programme in the context of the withdrawal of the United Kingdom of Great Britain and Northern Ireland (“United Kingdom”) from the European Union (COM(2019)0065 – C8-0040/2019 – 2019/0030(COD))
P8_TA(2019)0167A8-0082/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2019)0065),

–  having regard to Article 294(2) and Articles 165(4) and 166(4) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0040/2019),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 20 February 2019(1),

–  after consulting the Committee of the Regions,

–  having regard to the undertaking given by the Council representative by letter of 20 February 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Culture and Education (A8-0082/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council laying down provisions for the continuation of ongoing learning mobility activities under the Erasmus+ programme established by Regulation (EU) No 1288/2013, in the context of the withdrawal of the United Kingdom from the Union

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/499.)

(1) Not yet published in the Official Journal.


Aviation safety with regard to the withdrawal of the United Kingdom from the Union ***I
PDF 121kWORD 42k
Resolution
Text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0894 – C8-0514/2018 – 2018/0434(COD))
P8_TA(2019)0168A8-0061/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0894),

–  having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0514/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 20 February 2019(1),

–  after consulting the Committee of Regions,

–  having regard to the undertaking given by the Council representative by letter of 22 February 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union.

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism (A8-0061/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/494.)

(1) Not yet published in the Official Journal.


EU-Afghanistan Cooperation Agreement on Partnership and Development ***
PDF 113kWORD 42k
European Parliament legislative resolution of 13 March 2019 on the draft Council decision on the conclusion, on behalf of the Union, of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part (15093/2016 – C8-0107/2018 – 2015/0302(NLE))
P8_TA(2019)0169A8-0026/2019

(Consent)

The European Parliament,

–  having regard to the draft Council decision (15093/2016),

–  having regard to the draft Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part (05385/2015),

–  having regard to the request for consent submitted by the Council in accordance with Article 207, Article 209, Article 218(6), second subparagraph, point (a) and Article 218(8), second subparagraph, of the Treaty on the Functioning of the European Union (C8-0107/2018),

–  having regard to its non-legislative resolution of 13 March 2019(1) on the draft decision,

–  having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Foreign Affairs and the opinion of the Committee on Development (A8-0026/2019),

1.  Gives its consent 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 Islamic Republic of Afghanistan.

(1) Texts adopted, P8_TA(2019)0170.


EU-Afghanistan Cooperation Agreement on Partnership and Development (resolution)
PDF 188kWORD 63k
European Parliament non-legislative resolution of 13 March 2019 on the draft Council decision on the conclusion, on behalf of the Union, of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part (15093/2016 – C8-0107/2018 – 2015/0302M(NLE))
P8_TA(2019)0170A8-0058/2019

The European Parliament,

–  having regard to draft Council decision (15093/2016),

–  having regard to the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part(1), signed on 18 February 2017 by Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) Federica Mogherini,

–  having regard to the request for consent submitted by the Council on 6 February 2018 in accordance with Article 37 of the Treaty on European Union (TEU) and with Articles 207, 209, 218(6)(a), second subparagraph, and 218(8), second subparagraph, of the Treaty on the Functioning of the European Union (TFEU) (C8-0107/2018),

–  having regard to its legislative resolution of 13 March 2019 on the proposal for a Council decision(2),

–  having regard to the provisional application of the parts of the Cooperation Agreement on Partnership and Development (CAPD) under the exclusive competence of the EU as of 1 December 2017,

–  having regard to its resolution of 13 June 2013 on the negotiations on an EU-Afghanistan cooperation agreement on partnership and development(3),

–  having regard to its previous resolutions relating to Afghanistan, in particular its resolutions of 16 December 2010 on a new strategy for Afghanistan(4), of 15 December 2011 on budgetary control of EU financial assistance to Afghanistan(5), of 12 March 2014 on Pakistan’s regional role and political relations with the EU(6), of 8 October 2015 on the death penalty(7), of 26 November 2015 on Afghanistan, in particular the killings in the province of Zabul(8), of 28 April 2016 on attacks on hospitals and schools as violations of international humanitarian law(9), of 5 April 2017 on addressing refugee and migrant movements: the role of EU External Action(10), of 13 September 2017 on EU political relations with India(11), of 14 December 2017 on the situation in Afghanistan(12),

–  having regard to the Council conclusions of 19 November 2018 and of 16 October 2017 on Afghanistan,

–  having regard to the Joint Communication from the VP/HR and the Commission to the European Parliament and the Council of 24 July 2017 on Elements for an EU Strategy on Afghanistan (JOIN(2017)0031),

–  having regard to the 2014-2020 Multi-annual Indicative Programme for Afghanistan, within the Union’s Development Cooperation Instrument,

–  having regard to the EU Country Roadmap for Engagement with Civil Society in Afghanistan 2018-2020,

—  having regard to the closure of the European Union Police Mission in Afghanistan (EUPOL Afghanistan) in 2016,

–  having regard to the report of the UN Secretary-General of 10 September 2018 entitled ‘the situation in Afghanistan and its implications for international peace and security’,

—  having regard to the EU‐Afghanistan Joint Way Forward (JWF) on migration issues, of 2 October 2016,

—  having regard to UN Security Council Resolutions 2210 (2015) and 2344 (2017), and to the mandate of the UN Assistance Mission in Afghanistan (UNAMA),

–  having regard to the report of the UN Special Rapporteur on the human rights of internally displaced persons of 12 April 2017 on his mission to Afghanistan,

–  having regard to the request of the ICC Chief Prosecutor Fatou Bensouda of 3 November 2017 to start an investigation on the war crimes and crimes against humanity allegedly committed in Afghanistan since 1 May 2003,

–  having regard to the UN Convention on the Rights of the Child,

–  having regard to the Geneva Ministerial Conference on Afghanistan of 27-28 November 2018,

—  having regard to the results of the Brussels International Conference on Afghanistan of 5 October 2016, co-chaired by the European Union, and to the mutual commitments made at the international conferences on Afghanistan held in Bonn on 5 December 2011, Tokyo on 8 July 2012, and London on 4 December 2014,

–  having regard to the Tashkent Conference on Afghanistan of 26-27 March 2018,

—  having regard to the ‘Heart of Asia’ process launched in Istanbul on 2 November 2011,

—  having regard to the Kabul Declaration of 22 December 2002 on good-neighbourly relations,

–  having regard to the NATO-led UN mandated International Security Assistance Force (ISAF) (2003-2014) and to the conclusions of the NATO summit held in Brussels on 24-25 May 2017, with regard to the continuation of the training, advisory and assistance mission ‘Resolute Support’ (2014 to the present),

–  having regard to Afghanistan’s Humanitarian Response Plan 2018-2021,

–  having regard to the Self-Reliance through Mutual Accountability Framework, agreed to at the Brussels Conference on Afghanistan of 4-5 October 2016,

–  having regard to Rule 99(2) of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs, the opinion of the Committee on Development and the position in the form of amendments of the Committee on International Trade (A8-0058/2019),

A.  whereas on 10 November 2011, the Council adopted a decision authorising the Commission to negotiate a CAPD between the European Union and the Islamic Republic of Afghanistan(13); whereas the CAPD has been provisionally and partly applied since 1 December 2017, before the European Parliament gave its consent;

B.  whereas on 13 January 2016, the VP/HR and the Commission presented to the Council the Joint Proposal for Council Decisions on the signing and conclusion of the CAPD, as an agreement between the European Union and Afghanistan ('EU-only');

C.  whereas while agreeing with the substance of the CAPD, Member States expressed preference for a 'mixed' agreement with provisional application, and therefore asked the Commission and the VP/HR to revise the proposals accordingly in order to take into account mixed and provisional application;

D.  whereas the CAPD was signed on 18 February 2017;

E.  whereas the CAPD will form the basis of EU-Afghan relations for the next 10 years and could be automatically extended for periods of five years;

F.  whereas Parliament has been partially but not fully informed throughout negotiations; whereas Parliament received the Council’s negotiating directives for the European External Action Service (EEAS) only on 16 March 2018, rather than in November 2011 when Parliament was informed about the decision to open negotiations;

G.  whereas this legal framework builds on the current EU Strategy on Afghanistan as well as the EU’s extensive external financing assistance;

H.  whereas the CAPD will be the first contractual relationship between the EU and Afghanistan, confirming the EU’s commitment to Afghanistan’s future development during the ‘decade of transformation’ (2014-2024), strengthening historical, political and economic ties between the two parties;

I.  whereas the CAPD reflects the principles and conditions on which the EU-Afghanistan future partnership will be based (Titles I and II), including the essential elements clauses on human rights and weapons of mass destruction (WMD) non-proliferation; whereas the CAPD provides for the possibility of cooperation in a broad range of areas, including development (Title III), trade and investment (Title IV), justice and the rule of law (Title V), including the fight against organised crime, money laundering and counter-narcotics, cooperation on migration and a potential future readmission agreement, and sectoral cooperation (Title VI);

J.  whereas the CAPD will also enable the EU and Afghanistan to jointly address global challenges such as nuclear security, non-proliferation and climate change;

K.  whereas Afghanistan is at a crucial point, meaning that if further efforts are not taken, then all of the effort, progress, and sacrifice so far put into the development of Afghanistan risks being lost;

L.  whereas the emergence of the terrorist threat from the Daesh-linked group known as Islamic State-Khorasan Province (IS-KP) contributed significantly to further degradation of the security situation; whereas in May 2018 the Afghan Government had control of 56 % of the districts of Afghanistan and 56 % of the territory, containing 65 % of the population, with 32 % of the districts being contested and 12 % under insurgent control(14),(15);

M.  whereas since 2002, the European Union and its Member States collectively have been the largest international donor to Afghanistan and its people, providing over EUR 3.66 billion in development and humanitarian aid; whereas according to the 2014-2020 Multi-annual Indicative Programme for Afghanistan, a new development fund of EUR 1,4 billion is allocated for the period 2014-2020; whereas Afghanistan’s GDP is currently USD 20 billion and its growth rate has shrunk since 2014; and whereas the Afghan economy still faces a number of challenges such as corruption, low revenue collection, poor infrastructure and anaemic job creation;

N.  whereas since 2001, many EU Member States, NATO partners and allied countries have contributed to the stabilisation and development of Afghanistan with military and civilian resources, suffering heavy casualties and losses; whereas a stable and independent Afghanistan that can provide for itself and deny safe haven to terrorist groups is still in the vital security interests of NATO, the EU and its Member States; whereas the EU Member States still have over 3 000 military personnel in Afghanistan participating in NATO’s Resolute Support mission;

O.  whereas there are 2,5 million registered refugees, and between 2 and 3 million undocumented Afghans in Iran and Pakistan; whereas there are more than 2 million internally displaced persons in Afghanistan, more than 300 000 of whom were displaced in 2018; whereas many of these individuals suffer from food insecurity, inadequate shelter, insufficient access to sanitation and health facilities and a lack of protection, and whereas many are children classified as particularly vulnerable to the risk of child labour, sexual abuse or potential recruitment to criminal groups; whereas more than 450 000 Afghan people have returned to Afghanistan or been deported from Iran since the beginning of 2018; whereas the Government of Pakistan has announced that the 1.7 million Afghan refugees registered in the country will need to be forcibly returned to Afghanistan;

P.  whereas according to the UN, corruption in Afghanistan undermines the legitimacy of the state, posing a serious threat to good governance and sustainable development by preventing ‘a real economy from emerging’;

Q.  whereas Afghanistan is a low-income, post-conflict and landlocked country, representing special challenges to the international community and its institutions;

R.  whereas according to the Global Adaptation Index, Afghanistan is one of the world’s most vulnerable countries to climate change;

S.  whereas new threats and international crises are arising, causing the public to lose focus, support, and concern for the situation in Afghanistan;

T.  whereas an estimated 87 % of Afghan women suffer from gender-related violence; whereas Afghanistan ranks 153rd out of 160 countries on the 2017 UN Gender Inequality Index;

U.  whereas in 2017, opium cultivation in Afghanistan reached a record high, with a 63 % increase compared to 2016; whereas illicit trafficking of opiates further fuels instability and insurgency and increases funding to terrorist groups in Afghanistan;

V.  whereas for the first time the Afghan budget of 2018 adheres to international standards for projections and accounting;

W.  whereas the EU Police Mission in Afghanistan came to a close in 2016 after nine years of progress;

Politico-strategic aspects

1.  Remains committed to supporting the Afghan Government in its efforts to build a secure and stable future for the people of Afghanistan by undertaking key reforms in order to improve governance and the rule of law, to fight terrorism and extremism, to achieve sustainable peace and development, to build legitimate, democratic institutions, to foster resilience in the face of the national and regional security challenges, to ensure the respect of human rights, including the rights of women, children, ethnic and religious minorities, to fight corruption, to counter narcotics, to improve fiscal sustainability and to foster inclusive and sustainable economic growth and social and rural development, providing young people, who represent two thirds of the population, with a better future; stresses that a peaceful resolution to the conflict in Afghanistan is needed and that all efforts should be directed towards that most urgent objective;

2.  Underscores that the long-term development of Afghanistan will depend on accountability, good governance, the sustainable provision of human security, including the reduction of poverty and the creation of job opportunities, access to social and health services, education and the protection of fundamental freedoms and human rights, including the rights of women and minorities; stresses the need to manage affairs in a manner that ensures inclusive economic growth and favourable conditions for sustainable foreign investment that benefits the people of Afghanistan, with full respect for social, environmental and labour standards;

3.  Is concerned by the fragility and instability of the central government and the lack of control it exerts in much of the country, which exacerbates the conflict’s impact on the civilian population; calls on the EU and the international community to facilitate mediation in cases such as unresolved post-electoral issues;

4.  Calls on the EU to assist in efforts against the long-term trend of inter-ethnic tensions that contributes to the disintegration of central power and to support the rich multi-ethnic fabric of Afghan society;

5.  Emphasises its long-term support for credible, free, fair and transparent elections, in line with international standards, and expresses its support for EU election observation in the country, including observation of the 2019 presidential election; stresses that due to chronic political rivalries the result of these elections will have a tremendous impact on the future stability of the Afghan Government;

6.  Emphasises the vast economic potential of the country owing to its geographical position and its human and natural resources;

7.  Emphasises the EU’s substantial financial and political support for Afghanistan’s social and economic development, humanitarian aid and regional connectivity; urges further efforts towards joint programming between the EU and its Member States;

8.  Stresses, in this regard, the need for increased EU-US policy coordination and dialogue on Afghanistan and regional issues;

9.  Welcomes the Joint Communique adopted at the UN-hosted Geneva Ministerial Conference on Afghanistan of 27-28 November 2018, with a view to the commitments made at the 2016 Brussels Conference on Afghanistan;

Role and responsibility of regional actors

10.  Recalls that Afghanistan is a landlocked country situated at the junction connecting Asia and the Middle East and recognises that support and positive co-operation from neighbouring countries and regional powers, in particular China, Iran, India, Russia and Pakistan, are essential to the stabilisation, development and economic viability of Afghanistan; regrets that a stable and successful Afghanistan is not always the end goal for these regional actors and underlines the crucial role of these countries in the stabilisation and peace process; asks neighbouring countries to refrain in future from blocking Afghan exports, as has occurred in the past;

11.  Stresses that the mobility and sustained activity of terrorist networks operating in Afghanistan, and also in Pakistan, contribute to the instability of the situation in the whole region;

12.  Underlines that Afghanistan is often subject to antagonistic objectives of regional powers; urges them to fully support peace efforts in Afghanistan; supports regional cooperation forums, however is concerned at the parallel proxy involvement of some of Afghanistan’s neighbours in the conflict, undermining peace efforts; calls on those neighbours to refrain from involving proxies in their rivalries in Afghanistan and urges both neighbours and regional powers to fully cooperate in order to achieve long-lasting and sustainable peace in Afghanistan;

13.  Urges the EU to increase its efforts at dialogue and cooperation with regional partners to combat drug trafficking, money laundering, terrorist financing and human smuggling;

14.  Emphasises the fundamental importance of infrastructure and regional development in Afghanistan in improving trade and connectivity between countries of Central and South Asia, and as a stabilising factor in the region;

15.  Calls on the EU to include considerations about EU-Afghanistan cooperation in its strategies for Central and South Asia;

Security and peace building

16.  Remains deeply concerned by the continuing deterioration of the security situation in Afghanistan and the ongoing territorial gains of the Taliban militants and various terrorist groups such as IS-KP, which seems to be strongly reinforced by the presence of foreign fighters; strongly condemns attacks committed by them against Afghan civilians, security forces, institutions and civil society; reiterates its full commitment to fighting all forms of terrorism and pays tribute to all coalition and Afghan forces and civilians who have paid the ultimate price for a democratic, inclusive, prosperous, secure and stable Afghanistan; notes that more than half of the anti-government attacks in 2018 were attributed to IS-KP, whose aim is to disrupt and derail the reconciliation and peace process; notes with concern that the current jihadist organisations, IS-KP, Al Qaeda and their various subsidiaries, have managed to adapt and take root, representing a major security challenge for Afghanistan, the region and Europe;

17.  Emphasises the EU’s continued support for the inclusive Afghan-led and Afghan-owned peace and reconciliation process, including the implementation of the peace deal agreed with Hezb-e-Islami; is ready to contribute to this with all appropriate EU instruments as soon as there is a meaningful peace process; calls on the Taliban to denounce violence, join the peace process and accept the Afghan Constitution; underlines its support for the comprehensive peace offer to the Taliban made repeatedly by the government; calls on civil society to be fully involved in those talks; recognises that the question of a long-term combined international security presence needs to be addressed in order to assist the Afghan security forces in stabilising the country and preventing it from becoming once again a safe haven for terrorist groups and a source of regional instability; calls on all parties to the conflict to respect international humanitarian law;

18.  Welcomes the first ceasefire period since 2001, Eid al-Fitr, which demonstrated a widespread desire for peace among Afghans; calls on the Taliban to adhere to the calls from the Afghan President for a new ceasefire period;

19.  Highlights that four decades of war and conflict, starting with the Soviet invasion of Afghanistan in 1979, led to many of the unresolved problems that Afghanistan faces today; in this regard acknowledges the role of young people and the Afghan diaspora in the process of building a more secure and better future for the country; calls on the EU to support transitional justice for the victims of the violence;

20.  Notes that following the closure in December 2016 of the Common Security and Defence Policy mission EUPOL Afghanistan, providing specialised training and advice to the Afghan National Police and the Ministry of the Interior, the Union has continued its cooperation with the Afghan police through the EU’s external instruments, such as that the Instrument contributing to Stability and Peace (IcSP), which also finances reconciliation actions;

21.  Notes that the ISAF mission successfully built the Afghan National Security Forces from scratch into a capable force of 352 000 soldiers and police officers with infantry, military police, intelligence, route clearance, combat support, medical, aviation and logistical capabilities, thereby combatting insurgent influence within the country;

22.  Notes that ISAF created a secure environment for improving governance and economic development, which led to the largest percentage gain of any country in basic health and other development indicators; notes that the success of ISAF also led to the emergence of a vibrant media and that millions of Afghans now exercise their right to vote;

23.  Further encourages NATO’s Resolute Support mission to continue its training and oversight of the Afghan army; encourages the Member States to offer civilian crisis management training to the national and local governments of Afghanistan;

24.  Encourages NATO and the EU to work together to gather intelligence on insurgent groups that threaten Afghanistan and jointly coordinate policy recommendations to the Afghan security forces;

25.  Regrets deeply that the Taliban and other insurgent groups use the presence of the EU and the international community in Afghanistan, and the developments they have achieved, for propaganda purposes, to promote the narrative that foreign occupiers are impeding on the Afghan country and way of life; encourages the EU and the Afghan Government to counteract such propaganda;

26.  Underscores the fact that combating the financing of terrorism is key to creating an environment conducive to security in Afghanistan; urges all relevant partners to enhance their efforts at dismantling all terrorist financing networks, including ending the misuse of hawala networks and international donations for this purpose, in order to fight radicalisation, extremism and the recruitment tools that Afghan terrorist organisations continue to rely upon;

27.  Urges the Afghan Government to take all necessary measures to ensure that the prevention and countering of the spread of extremist ideologies be among its top priorities;

28.  Supports the Afghanistan Peace and Reintegration Programme, which reintegrates members of the Taliban who surrender themselves and renounce violence back into society; applauds the UK for already having contributed over GBP 9 million;

29.  Calls on the Government of Afghanistan to fully implement the UN Security Council Resolutions on Women, Peace and Security, and to ensure women’s participation, protection and rights across the conflict cycle, from conflict prevention to post-conflict reconstruction;

30.  Encourages the Afghan Government to develop effective chemical, biological, radiological and nuclear (CBRN) counter-measures; urges the EU to provide operational, technical and financial support for CBRN capacity building;

31.  Encourages the Afghan Government to enhance its domestic control systems to counter the widespread circulation of small arms and light weapons (SALW) in line with existing international standards;

State building

32.  Stresses the need for the Government of Afghanistan and the international community to step up efforts to stamp out corruption in the country, as well as to strengthen responsive and inclusive institutions and to improve local governance as critical steps in the building of a stable and legitimate state that is able to prevent conflict and insurgency; calls on the Afghan Government to enhance national capacity to recover stolen assets through programmes such as the Stolen Asset Recovery Initiative run by the World Bank Group and the UN Office on Drugs and Crime (UNODC);

33.  Calls on the Government of Afghanistan to increase political inclusiveness, strengthen accountability and actively combat corruption;

34.  Stresses that the gap between the national and local governments of Afghanistan needs to be bridged; recognises that this problem could potentially be mitigated if the Afghan Government enforced the statute that requires regional governors to be present in the territories they represent;

35.  Calls on the EU to ensure that EU funds are invested in projects that help the Afghan population and that adequate support is provided to municipalities in their provision of essential services and in the building of local governance, so as to ensure basic living standards for the population, to ensure coordination between central authorities and local municipalities in order to identify the priorities in which to invest, to enhance support to civil society, notably human rights defenders and, in particular, to prioritise funding for projects that support actors promoting accountability, human rights and democratic principles and that foster locally embedded dialogue and conflict resolution mechanisms;

36.  Calls for the EU to continue its phasing-out plan following the closure of the EUPOL mission, which includes ensuring a sustainable transition of activities to EUPOL’s local and international partners; urges all parties to continue their efforts to develop the Afghan National Police into a professional force for safety and security, strengthen all law enforcement institutions, with a particular focus on the independence of the judicial system, the police and on improving the state of Afghan prisons, as well as respecting the rights of inmates;

37.  Regrets that counter-narcotics campaigns in Afghanistan have been failing and that insufficient efforts have been made to target Taliban drug labs and international organised criminal networks, which sit at the heart of drug trafficking and provide funding for the Taliban and terrorist operations; supports and endorses the Government of Afghanistan’s new counter-narcotics strategy, backed by the UNODC; is concerned by the increase of opium cultivation in Afghanistan(16) and calls on the Government of Afghanistan to put in place targeted policies to reverse this trend; notes that it is critical to generate tangible and sustainable alternatives to poppy production and to make these available to producers;

38.  Underlines that the main sources of Taliban income are illegal mining and the production of opium; notes that it is currently estimated that the Taliban brings in revenues of EUR 200-300 million per year from illegal mining activities;

39.  Calls for the addition of appropriate checks and balances and increased transparency to ensure the effectiveness of public administration, including financial management, as well as the prevention of any misuse of foreign or development aid, in line with the Paris Declaration on Aid Effectiveness;

40.  Welcomes the fact that the EU signed a State Building Contract (SBC) with Afghanistan in 2016, allocating EUR 200 million over two years in budget support in order to strengthen government institutions and increase resources for development priorities such as generating economic growth, reducing poverty and fighting corruption; stresses that resources must be used effectively;

41.  Notes that the SBC draws on an overall positive review of the progress made by Afghanistan on key reform areas; recognises the importance of the outlining of the goals that the SBC has put forward and the conditions for funding; further emphasises the importance of oversight and systematic monitoring to prevent misuse; underlines the importance of focus on development and stability by the Afghan Government; calls on the Commission to keep Parliament regularly informed of the implementation of the SBC and emphasises that its findings in this regard should be used to prepare the continuation of the budget support operation for the period 2018-2021;

Civil society and human rights

42.  Welcomes the fact that the EU-Afghanistan CAPD emphasises dialogue on human rights issues, in particular the rights of women, children, and ethnic and religious minorities in order to ensure access to resources and support the full exercise of their fundamental rights, including through employing more women in Afghanistan’s governmental structures, as well as in the security and judicial systems; calls on Afghanistan to work towards the eradication of all forms of violence and discrimination against women and girls; stresses the need to put more effort into the implementation of the CAPD provisions stated in Titles I and II;

43.  Insists that the EU maintain a strong stance on implementing human rights and stresses that democratic principles, human rights, particularly the rights of women and minorities, and the rule of law are essential elements of the Agreement; insists that the EU take specific measures if the Government of Afghanistan violates essential elements of the Agreement;

44.  Recalls that the EU is particularly focused on improving the conditions of women, children, disabled persons and people living in poverty, and that these groups are in special need of assistance, including in the areas of health and education;

45.  Welcomes the very prominent position accorded to gender equality and related policies in the Agreement, and its strong focus on civil society development; calls for the EU to further promote equality between women and men, and women’s empowerment, through its development efforts, bearing in mind that changing societal attitudes towards the socio-economic role of women calls for corresponding measures in awareness raising, education and the reform of the regulatory framework;

46.  Stresses the need for protection of ethnic and religious minorities which are threatened or under attack; notes that the Shiite Hazara ethnic group is more often targeted than other groups and therefore deserves particular attention;

47.  Calls for the strengthening and support of national and sub-national human rights-related institutions in Afghanistan, civil society organisations and academia; urges international counterparts to encourage closer cooperation and engagement with these Afghan partners;

48.  Supports the efforts of the ICC to ensure accountability for the war crimes and crimes against humanity allegedly committed since May 2003;

49.  Is concerned about the growing number of more violent and deliberate attacks on health facilities and health workers and the targeting of civilian infrastructure; urges all parties to respect their obligations under international human rights law and international humanitarian law, to prevent attacks against civilians and civilian infrastructure;

50.  Calls on the Afghan Government to introduce an immediate moratorium on the use of the death penalty as a step towards abolition;

Development and trade

51.  Recognises that the end goal of EU aid to Afghanistan is to help the country’s government and economy eradicate poverty and develop to a state of independence and growth with internal development and regional cooperation through external trade and sustainable public investment, in order to diminish over-reliance on foreign aid, by contributing to the social, economic and environmental development of Afghanistan;

52.  Notes that Afghanistan is one of the world’s largest recipients of development aid and that EU institutions committed EUR 3.6 billion in aid to the country between 2002 and 2016; regrets the fact that the proportion of Afghans living in poverty has risen from 38 % (2012) to 55 % (2017) and highlights the fact that the country has registered slow growth since 2014 with the drawdown of international security forces, accompanying reductions in international grants and a deteriorating security situation;

53.  Stresses the need to address the high rate of unemployment and fight poverty in order to work towards achieving peace and stability in the country;

54.  Emphasises that more job opportunities outside of farming and working for the government are needed in order to prevent young men from being recruited to the Taliban and other insurgent networks;

55.  Welcomes the 2016 Afghanistan National Peace and Development Framework (ANPDF) and the Self-Reliance through Mutual Accountability Framework (SMAF) adopted by the Afghan Government; calls for the EU and its Member States to continue supporting, through the CAPD, Afghan-owned development priorities in line with development effectiveness principles;

56.  Calls on the VP/HR and the Commission to evaluate all EU measures in Afghanistan on a regular basis by using explicit qualitative and quantitative indicators, especially with regard to development aid, good governance including the justice sector, respect for human rights and security; calls in this context also for an evaluation of the relative impact of EU measures on the overall situation in the country and the level of coordination and cooperation between EU actors and other international missions and measures, for the findings and recommendations to be published and reported on to Parliament;

57.  Regrets the fact that despite significant injections of foreign aid, the impact has been limited; invites the European Court of Auditors to draw up a special report on the effectiveness of EU assistance to Afghanistan over the last decade;

58.  Encourages the EU and other international agencies involved in the development of Afghanistan to work with the Afghan media to ensure the strategic communication of development efforts, their sources, purposes and impacts, to the Afghan people;

59.  Recalls that there is currently a lack of civilian experts in Afghanistan; encourages the EU and its Member States to employ and properly train civilian experts in key areas crucial to economic development and counter-narcotics to assist and train Afghan officials and locals;

60.  Underlines the need to support Afghanistan’s system of education to increase the number of children following school classes at all levels;

61.  Welcomes the fact that school enrolment has increased tenfold since 2001, with girls making up 39 % of pupils;

62.  Urges that particular attention be paid to the young generation and calls for the full use of programmes such as Erasmus+ and Horizon 2020 to establish links between educational institutions, academia, research sectors and small and medium-sized enterprises (SMEs);

63.  Supports EU and Member State actions contributing to the Afghanistan Reconstruction Trust Fund, which is co-managed by the World Bank and the Ministry of Finance of Afghanistan and works to deliver basic critical services with a specific focus on health and education;

64.  Welcomes Afghanistan’s accession to the WTO in 2016 and recognises the added value that trade and foreign direct investment will bring to Afghanistan’s future; recognises the positive role that WTO membership could have on the integration of Afghanistan into the world economy;

65.  Notes that following the country’s accession to the WTO in 2016, which increased Afghanistan’s ties to the global economy, the EU granted Afghanistan duty free and quota free access to the EU market, but recognises that further concrete measures are needed in order to allow the private sector to take advantage of this regime and as such increase its internal development;

66.  Stresses that Afghan authorities should develop a sustainable economic model with the principle of redistribution at its core; calls on the EU to support Afghanistan in its environmental development and energy transition, since provisions for clean and sustainable energy are essential to accelerate the implementation of the Sustainable Development Goals;

67.  Underlines that further efforts are need in order to increase the capacity of government institutions to formulate and implement trade strategies and policies, improve cross-border movement of goods and enhance the quality of products to meet international standards;

68.  Calls for the enhancement of business-to-business relations between EU-based companies and the Afghan private sector; encourages the implementation of favourable conditions for SME development;

69.  Supports and welcomes any development programme launched by the EU, an individual Member State or any member of the international community, which has as its goal assisting small business owners and entrepreneurs in navigating legal costs, regulations, and other barriers to production that would otherwise act to discourage businesses from entering the market and/or growing within the market;

70.  Recognises that mineral reserves in Afghanistan provide an economic opportunity for the country to generate revenue and jobs; notes that China has shown interest in these mineral reserves, with a particular emphasis on rare earth elements;

Migration

71.  Recognises that migration is an ongoing challenge for Afghanistan which presents issues for neighbouring countries and EU Member States; is concerned about the unprecedented numbers of returning migrants mainly from Pakistan and Iran, and to a lesser extent from Europe; recognises that issues relating to internally displaced persons and refugees are a result of the threat of violence from insurgent groups in Afghanistan, as well as economic and environmental factors; stresses that efforts by the EU and the international community should be focused on preventing the root causes of mass migration; welcomes the Afghan national return management strategy; is concerned, however, about the lack of standing integration policies of the Afghan authorities to manage the present returnees; is convinced that proper reintegration of returnees, especially of children, who must be guaranteed access to primary and secondary education, is crucial to ensure stability in the country and that people who have returned have not been subject to violence or coercion during return procedures;

72.  Underlines the fact that according to the UN Office for the Coordination of Humanitarian Affairs (OCHA), 5.5 million people are in need of humanitarian aid in Afghanistan, including internally displaced people following conflict or drought, and emphasises that drought has led to the forced displacement of more than 250 000 people in the north and west of the country; notes that the Humanitarian Response Plan is only 33.5 % funded and urges the EU and its Member States, therefore, to step up their endeavours to address key humanitarian challenges and human needs and to pay particular attention to vulnerable people, including those located in areas that are hard to reach;

73.  Regrets the fact that in spite of Article 28(4) of the CAPD, which states that the Parties should conclude a readmission agreement, no formal agreement has been achieved, but an informal one – the Joint Way Forward; deems it important that any agreements regarding readmission should be formalised in order to ensure democratic accountability; regrets the lack of parliamentary oversight and democratic control on the conclusion of the Joint Way Forward and stresses the importance of conducting continuous dialogue with the relevant actors in order to find a sustainable solution to the regional dimension of the issue of Afghan refugees;

74.  Regrets the migration wave from Afghanistan to the West, especially of the educated and the young, due to the lack of prospects in the country; underlines the EU assistance to improve Afghan emigrants’ lives disbursed in Pakistan and Iran; calls on those countries not to expel those persons, which could have a deeply negative effect on the stability and economy of Afghanistan; urges that the return of refugees to their homes be organised in a safe, orderly and voluntary manner;

75.  Applauds the Commission for establishing a major project in 2016 to better reintegrate returning migrants into Afghanistan, Bangladesh, and Pakistan with EUR 72 million earmarked specifically for Afghanistan between 2016 and 2020;

76.  Emphasises that EU development assistance to Afghanistan should not be seen exclusively through the prism of migration and the objectives of border management, and considers that development aid should address the root causes of migration effectively;

Sectoral cooperation

77.  Urges the Commission to present comprehensive strategies for each sector with the aim of ensuring widespread development in all areas of cooperation with Afghanistan;

78.  Calls for efforts to put the EU’s experience in capacity building and public administration and civil service reform to good use; highlights the urgent need to improve governance in the field of taxation; calls for support for civil society organisations, in full respect of their different ethnic, religious, social or political background;

79.  Underlines the fact that agriculture provides 50 % of the income of Afghanistan’s population and a quarter of its GDP; notes that the EU is committed to spending EUR 1.4 billion 2014 and 2020 on developmental projects in rural areas; further notes that these projects are crucial to ensuring that farmers do not move towards the black economy;

80.  Notes that 80 % of the Afghan population engages in subsistence agriculture in an environment hostile to agriculture, with poor irrigation methods; supports enhancing efforts to ensure food security;

81.  Notes with concern the current drought in Afghanistan, which is the worst in decades and threatens people, livestock and agriculture; is further concerned about frequent natural disasters such as flash floods, earthquakes, landslides and harsh winters;

82.  Notes with concern that harm to agricultural products such as wheat can lead to displacement, poverty, starvation, and in some cases movements to the black market, and that three million people are at extremely high risk of food security and loss of livelihood;

83.  Recognises that moving more of the value chain of food processing back into Afghanistan could increase income for families, increase food security, decrease food costs and provide more employment opportunities;

84.  Encourages the EU to continue its efforts at improving healthcare in Afghanistan and stresses the importance of vaccination for all people, but especially those who are particularly vulnerable to illness, such as children;

85.  Welcomes the fact that primary access to healthcare has increased from 9 % to more than 57 %, that life expectancy has increased from 44 to 60 and that these improvements were made possible by contributions from the EU, individual Member States and the international community; recognises, in the light of these achievements, that still more needs to be done to continue to raise the life expectancy and lower the mortality rate of women giving birth, as well as of newly born children;

86.  Strongly condemns the corrupt practices in the Afghan healthcare system, such as the importation of illegal pharmaceuticals, and urges the EU to continue to apply pressure on the Afghan Government to do more to prevent such corrupt practices;

87.  Reiterates the need for trained medical professionals within Afghanistan and encourages the EU and its Member States to continue to bring in medical professionals to train local doctors and medics;

88.  Notes that human trafficking and migrant smuggling causes harm on all sides, particularly to Afghan society; calls for the swift implementation of existing agreements, including on exchange of information, in order to dismantle the transnational criminal networks which benefit from instability and weak institutions;

Implementation of the CAPD

89.  Welcomes the CAPD as the first contractual relationship between the EU and Afghanistan;

90.  Notes that the CAPD provides the basis for developing relationships in various areas such as the rule of law, health, rural development, education, science and technology, anti-corruption, money laundering, the financing of terrorism, organised crime and narcotics, migration, nuclear security, WMD non-proliferation and climate change;

91.  Welcomes the establishment of the joint cooperation bodies at executive level, with an emphasis on holding regular dialogues on political issues including human rights, in particular the rights of women and children, which are essential elements of this agreement, and addressing challenges and creating opportunities for a stronger partnership;

92.  Expresses concern that the CAPD lacks provisions on joint parliamentary scrutiny of its implementation; promotes the role of the European Parliament, the parliaments of the Member States and the Afghan Parliament in monitoring the implementation of the CAPD;

93.  Takes note of the replacement of the EU Special Representative for Afghanistan by a Special Envoy as of September 2017, streamlined within the EEAS structure;

94.  Regrets that the Council proceeded with a decision on provisional application in areas which are subject to Parliament’s consent, notably the chapter on cooperation in trade and investment matters, which fall within the exclusive competences of the EU, rather than requesting ratification early in the process, prior to taking this step; considers that this decision runs counter to the principle of sincere cooperation enshrined in Article 4(3) of the TEU and undermines Parliament’s legal rights and responsibilities;

o
o   o

95.  Instructs its President to forward this resolution to the Council, the Commission, the VP/HR, the EU Special Envoy for Afghanistan, the governments and parliaments of the Member States, and the Government and Parliament of the Islamic Republic of Afghanistan.

(1) OJ L 67, 14.3.2017, p. 3.
(2) Texts adopted, P8_TA(2019)0169.
(3) OJ C 65, 19.2.2016, p. 133.
(4) OJ C 169 E, 15.6.2012, p. 108.
(5) OJ C 168 E, 14.6.2013, p. 55.
(6) OJ C 378, 9.11.2017, p. 73.
(7) OJ C 349, 17.10.2017, p. 41.
(8) OJ C 366, 27.10.2017, p. 129.
(9) OJ C 66, 21.2.2018, p. 17.
(10) OJ C 298, 23.8.2018, p. 39.
(11) OJ C 337, 20.9.2018, p. 48.
(12) OJ C 369, 11.10.2018, p. 85.
(13) Council Decisions of 10 November 2011 (16146/11 and 16147/11).
(14) EASO Country of Origin Information Report, Afghanistan Security Situation - Update, May 2018, https://coi.easo.europa.eu/administration/easo/PLib/Afghanistan-security_situation_2018.pdf
(15) US Special Inspector General for Afghanistan Reconstruction (SIGAR), Quarterly report to the United States Congress, 30 October 2018, https://www.sigar.mil/pdf/quarterlyreports/2018-10-30qr.pdf
(16) https://www.unodc.org/unodc/en/frontpage/2018/May/last-years-record-opium-production-in-afghanistan-threatens-sustainable-development--latest-survey-reveals.html


Participation of Norway, Iceland, Switzerland and Liechtenstein in eu-LISA ***
PDF 115kWORD 39k
European Parliament legislative resolution of 13 March 2019 on the draft Council decision on the conclusion, on behalf of the Union, of the Arrangement between the European Union, of the one part, and the Kingdom of Norway, the Republic of Iceland, the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the participation by those States in the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (15832/2018 – C8-0035/2019 – 2018/0316(NLE))
P8_TA(2019)0171A8-0081/2019

(Consent)

The European Parliament,

–  having regard to the draft Council decision (15832/2018),

–  having regard to the draft arrangement between the European Union and the Kingdom of Norway, the Republic of Iceland, the Swiss Confederation and the Principality of Liechtenstein (12367/2018),

–  having regard to the request for consent submitted by the Council in accordance with Articles 74, 77(2)(a) and (b), 78(2)(e), 79(2)(c), 82(1)(d), 85(1), 87(2)(a) and 88(2) and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8-0035/2018),

–  having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A8-0081/2019),

1.  Gives its consent to conclusion of the arrangement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Kingdom of Norway, the Republic of Iceland, the Swiss Confederation and the Principality of Liechtenstein.


Scope and mandate for EU Special Representatives
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European Parliament recommendation of 13 March 2019 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the scope and mandate for EU Special Representatives (2018/2116(INI))
P8_TA(2019)0172A8-0171/2019

The European Parliament,

–  having regard to Articles 2, 3, 6, 21, 33 and 36 of the Treaty on European Union (TEU),

–  having regard to the Council decision of 26 July 2010 establishing the organisation and functioning of the European External Action Service(1),

–  having regard to the declaration by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR on political accountability(2),

–  having regard to the Annual Reports from the High Representative of the European Union for Foreign Affairs and Security Policy to the European Parliament on the implementation of the Common Foreign and Security Policy,

–  having regard to the EU Annual Reports on Human Rights and Democracy in the World,

–  having regard to the Interinstitutional Agreement of 20 November 2002 between the European Parliament and the Council concerning access by the European Parliament to sensitive information of the Council in the field of security and defence policy,

–  having regard to the Guidelines on appointment, mandate and financing of EU Special Representatives of 9 July 2007 and to the Council Note (7510/14) of 11 March 2014;

–  having regard to its resolution of 8 July 2010 on the proposal for a Council decision establishing the organisation and functioning of the European External Action Service(3),

–  having regard to the Global Strategy for the European Union’s Foreign and Security Policy presented by the VP/HR on 28 June 2016, and the subsequent implementation reports,

–  having regard to the EU Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted by the Council in 2013,

–  having regard to the 1975 Helsinki Final Act of the Organisation for Security and Cooperation in Europe (OSCE) and all its principles, as a cornerstone document for the European and wider regional security order,

–  having regard to its resolutions on the Annual Reports from the High Representative of the European Union for Foreign Affairs and Security Policy to the European Parliament on the implementation of the Common Foreign and Security Policy,

–  having regard its resolutions on the EU Annual Reports on Human Rights and Democracy in the World,

–  having regard to its recommendation of 15 November 2017 to the Council, the Commission and the EEAS on the Eastern Partnership, in the run-up to the November 2017 summit(4),

–  having regard to its resolution of 4 July 2017 on addressing human rights violations in the context of war crimes, and crimes against humanity, including genocide(5),

–  having regard to its resolutions on Ukraine calling for the appointment of an EU Special Representative (EUSR) for Crimea and the Donbas region,

–  having regard to its recommendation to the Council of 13 June 2012 on the EU Special Representative on Human Rights(6),

–  having regard to Rule 110 and Rule 113 of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs (A8-0171/2019),

A.  whereas the EU has the ambition to be a stronger global actor, not only economically but also politically, striving with its actions and policies to contribute to the maintenance of international peace and security and a rules-based global order;

B.  whereas the EU Special Representatives (EUSRs) are appointed by the Council on a proposal from the VP/HR, with the mandate of advancing particular goals of a thematic or geographically specific political or security nature; whereas they have proven to be a valuable and flexible instrument for EU diplomacy, as they can personalise and represent the EU in crucial places and situations, with the backing of all Member States; whereas the flexibility of the EUSRs’ mandates means that they are operational instruments which can be deployed quickly when concerns arise in certain countries or on certain themes;

C.  whereas, thanks to their frequent presence in the field, EUSRs have a privileged position to establish a dialogue with civil society and local actors as well as to conduct research on the ground; whereas this direct experience allows them to contribute constructively to policy and strategy formulation;

D.  whereas there are currently five regional EUSRs (for the Horn of Africa, the Sahel, Central Asia, the Middle East Peace Process, and the South Caucasus and the crisis in Georgia), two country-specific EUSRs (Kosovo and Bosnia and Herzegovina), and one thematic EUSR, responsible for human rights;

E.  whereas currently only two EUSRs are women;

F.  whereas in the case of EUSRs appointed with mandates for specific countries, the ‘double-hatting’ by which the EUSR is simultaneously the head of the EU Delegation to the country concerned has contributed to the coherence and efficiency of the EU’s external presence; whereas the deployment of further country-specific EUSRs needs to be consistent with the EU’s external action strategies, given the strengthening of the EU Delegations via the Lisbon Treaty, through which they acquired responsibility for coordination of all EU action on the ground, including CFSP policies;

G.  whereas there are other high-priority areas and conflicts, including in the EU’S immediate neighbourhood, that require special focus, more involvement and EU visibility, such as Russia’s aggression in Ukraine and illegal occupation of Crimea;

H.  whereas the EUSRs have proved their usefulness, notably in their conducting of high-level political dialogues and their capacity to reach high-level partners in very sensitive political environments;

I.  whereas the EUSRs are financed out from the CFSP budget, as co-decided by Parliament, and are accountable for budget implementation vis-à-vis the Commission;

J.  whereas the VP/HR has committed to respond positively to requests by the European Parliament to hear newly appointed EUSRs before they take up their posts and to facilitate regular briefings of Parliament by the EUSRs;

K.  whereas EUSRs are selected from among individuals who have previously held senior diplomatic or political office in their country or in international organisations; whereas they enjoy a substantial degree of flexibility and discretion as to how their mandate is executed, which can be conducive to reaching set goals, implementing strategies and providing added value to the EU;

L.  whereas the key role of EUSRs is to contribute to the unity, consistency, coherence and effectiveness of the EU’s external action and representation; whereas they demonstrate the EU's interest in a given country, region or thematic area and strengthen its visibility, and contribute to the implementation of a given EU strategy or policy towards the mandated country, region or thematic issue;

1.  Recommends the following to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy:

On the mandate

On the tools

On the personal profile

On the areas covered

On interaction and cooperation

   a) to present a strategic reflection on the use, role, mandates and contribution of the EUSRs in light of the implementation of the EU Global Strategy;
   b) to ensure that EUSRs are only appointed if there is a clear added value in using this instrument, i.e. if their tasks cannot be efficiently fulfilled by existing structures within the EEAS, including by EU Delegations, or within the Commission;
   c) to ensure that EUSRs are primarily used to step up EU efforts in conflict prevention and resolution and implementation of the EU strategies, in particular through mediation and dialogue facilitation, and to advance EU policy objectives in specific thematic fields, all within the remit of external relations and respecting international law;
   d) to avoid a proliferation of EUSRs and a fragmentation of their mandates which would create overlap with other EU institutions and lead to increased coordination costs;
   e) to ensure that the mandates and actions of EUSRs when addressing regional security and conflict prevention, mediation and resolution are guided by the principles of international law as outlined in the 1975 Helsinki Final Act and other crucial norms of international law, as well as by the peaceful settlement of disputes, as a key element of the European security order and as emphasised in the EU Global Strategy; and to comply with all rules and policies adopted by the EU towards the region or conflict covered within their sphere of responsibility;
   f) to consider all possible means to strengthen the role of the EUSRs as an effective tool of EU external policy, capable of developing and advancing EU foreign policy initiatives and promoting synergy, notably by ensuring that EUSRs can travel freely within the area covered by their mandate, including conflict zones, for the purpose of effective implementation of their tasks;
   g) to ensure greater transparency and visibility of the work of the EUSRs, including by public reporting on country visits, work programme and priorities, as well as the creation of individual webpages to allow public scrutiny of their action;
   h) to reinforce the assets that constitute the added value of the EUSR, namely legitimacy built on the backing of the VP/HR and the Member States, country/regional/thematic responsibilities, political weight, flexibility, and enhancing the EU's presence and visibility in partner countries, thus strengthening the EU's profile as an effective international actor;
   i) to permit an adequate length of mandate that creates a perspective enabling the hiring of qualified senior staff and allows implementation of the mandate, as well as confidence-building with partners, establishing networks and influencing processes; to ensure regular review in line with developments in the country/region or subject concerned and also allow for prolongation of the mandate if required by circumstances;
   j) to contribute to implementation of an EU policy or strategy towards the mandated area and to the formulation or revision of strategies or policies;
   k) to ensure that conflict prevention and resolution, mediation and dialogue facilitation, as well as fundamental freedoms, human rights, democracy, the rule of law and gender equality, are viewed as horizontal priorities and therefore as cornerstones of the scope of the EUSRs' mandates, and that adequate reporting on action taken in these areas is ensured;
   l) to require evaluation and monitoring procedures covering results attained, obstacles encountered, indication of key challenges, input to policy formulation, and assessment of the coordination of EUSR activities with other EU actors, in order to favour exchanges of best practices amongst EUSRs as well as to assess performance and consider the renewal and review of mandates;
   m) to ensure the coherence of the mandate for Central Asia with the 2007 EU Strategy for Central Asia, reviewed in 2015 in order to enhance the Union's effectiveness and visibility in the region;
   n) to introduce an extensive ‘cooling-off’ period for EUSRs, with a view to ensuring the highest possible level of ethical standards for cases of conflict of interest;
   o) to ensure that Parliament’s Committee on Foreign Affairs is involved in the drafting of the mandates, new and extended, of the EUSRs;
   p) to maintain the flexibility and autonomy that EUSRs currently enjoy as a distinctive CFSP instrument with a separate financing source and a privileged relationship with the Council; to strengthen, however, at the same time, the coordination and reporting links with the related EEAS managing directorates (regional, thematic, CSDP and crisis response) and with the related DGs of the Commission; to ensure a swift and transparent nomination and confirmation process;
   q) to address the shortcomings in maintaining institutional memory and continuity between outgoing and incoming EUSRs by reinforcing logistical and administrative support from the EEAS, including archiving, and by primarily seconding policy advisors from the EEAS and other EU institutions as appropriate to join the EUSR teams;
   r) to appoint as EUSRs persons with extensive diplomatic and political expertise and an appropriate profile, ensuring in particular that they have the political clout needed to establish links and mutual trust with high-level interlocutors; to profit in this regard from the existing pool of persons with political and diplomatic experience across the EU; to respect gender and geographic balance; to make sure that the decision of appointing a specific person is made in a transparent manner and only after confirming the candidate's admissibility, in particular with regard to any potential conflict of interests and to ensuring that the candidate meets the standards of ethical conduct;
   s) to ensure that the appointment of EUSRs may only be confirmed after a positive evaluation by Parliament’s Committee on Foreign Affairs;
   t) to provide greater ease of access to information and justification concerning selected candidates;
   u) to focus the mandates of the EUSRs on strengthening regional security and on conflict prevention and resolution, especially through facilitating dialogue and mediation in which EU engagement can bring added value; to ensure that in case of thematic focus, appointment of an EUSR does not duplicate or undermine the role of the Commission and the EEAS;
   v) taking into account the role of EUSRs as a specific diplomatic tool in EU external action and recognising the importance of the stability of the European Neighbourhood, to encourage EUSRs to develop ever closer relations with the countries affected by protracted conflicts, with the emphasis on the strong need for EUSRs to contribute to the peaceful settlement of conflicts in the neighbourhood of the EU;
   w) to welcome the appointment of the new EUSR for Human Rights and acknowledge the work of the previous holder of the post, who successfully fulfilled his role of enhancing the effectiveness and visibility of EU human rights policy; notes that the post’s responsibilities have been expanded to include promoting compliance with international humanitarian law and promoting support for international criminal justice;
   x) to strengthen the capacity and role of the EUSR for Human Rights, taking into account that this position has a worldwide mandate that therefore requires and implies political dialogue with third countries, relevant partners, business, civil society and international and regional organisations, and action in relevant international fora;
   y) while being mindful of the importance of not significantly increasing the number of EUSRs so as not to detract from their special nature, to phase out the mandates of the existing country-specific EUSRs and, pending the overall division of responsibilities in the next Commission and the EEAS, to consider the appointment of regional EUSRs; to consider appointing thematic EUSRs for the international coordination of the fight against climate change, for international humanitarian law and international justice, and for disarmament and non-proliferation, in the last-named case to take over from the current EU Special Envoy for this area;
   z) to appoint a new EUSR for Ukraine, focusing in particular on Crimea and Donbas, to be responsible for monitoring the human rights situation in occupied territories, implementation of the Minsk Agreements, de-escalation in the Sea of Azov and pursuing the rights of internally displaced persons (IDPs), as previously called for by Parliament in its resolutions;
   aa) to reinforce the interaction and coordination of EUSRs with the different EU institutions, civil society and the Member States so as to ensure maximum synergy and coherent engagement of all actors; to strengthen the involvement of EUSRs in the EU Conflict Early Warning System; to ensure there are no overlaps with other high- level diplomatic figures such as EU Special Envoys; and to ensure cooperation with other like-minded partners and envoys, including those appointed by the UN, NATO and the US;
   ab) considering that the European Parliament is co-legislator for the civilian part of the CFSP budget, which is administered by the Service for Foreign Policy Instruments (FPI), to reinforce Parliament’s oversight of the EUSRs’ activities and to enhance their level of accountability and the transparency of their work, recalling that this goal can be achieved by sharing information on a regular basis about the EUSRs’ implementation of their mandate, their work and achievements and the challenges they face, through regular and at least yearly meetings and exchanges of views between EUSRs and the relevant EP bodies, in particular its Committee on Foreign Affairs and its Subcommittees on Human Rights and on Security and Defence, as well as by systematic sharing with the EP of reports and country strategies sent by EUSRs to the Political and Security Committee (PSC) within the Council and to the EEAS; and, to this end, to insist that these documents be included within the Interinstitutional Agreement in the area of the CFSP;
   ac) to encourage interaction and facilitate dialogue with civil society and citizens, in the regions covered by EUSRs, as a part of the preventive diplomacy and mediation processes, and also in the interests of the EU’s visibility; to ensure, in particular, that EUSRs exhibit a proactive engagement towards civil society actors, human rights defenders or dissenting voices who may be under threat or targeted by the local authorities;

2.  Recommends that the next European Parliament should require a commitment from the new VP/HR to come up, within the first six months of his or her mandate, with a strategic reflection on the use of EUSRs, in the context of the implementation of the Global Strategy and along the lines of the principles and recommendations set out above;

3.  Instructs its President to forward this recommendation to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, and the EU Special Representatives.

(1) OJ L 201, 3.8.2010, p. 30.
(2) OJ C 210, 3.8.2010, p. 1.
(3) OJ C 351E, 2.12.2011, p. 454.
(4) OJ C 356, 4.10.2018, p. 130.
(5) OJ C 334, 19.9.2018, p. 69.
(6) OJ C 332E, 15.11.2013, p. 114.


Accessibility requirements for products and services ***I
PDF 124kWORD 53k
Resolution
Text
European Parliament legislative resolution of 13 March 2019 on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (COM(2015)0615 – C8-0387/2015 – 2015/0278(COD))
P8_TA(2019)0173A8-0188/2017

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2015)0615),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0387/2015),

–  having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 25 May 2016(1),

–  having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rules 59 and 39 of its Rules of Procedure,

–  having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Employment and Social Affairs, the Committee on Transport and Tourism, the Committee on Culture and Education, the Committee on Women’s Rights and Gender Equality and the Committee on Petitions (A8-0188/2017),

1.  Adopts its position at first reading hereinafter set out(2);

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Directive (EU) 2019/… of the European Parliament and of the Council on the accessibility requirements for products and services

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2019/882).

(1) OJ C 303, 19.8.2016, p. 103.
(2) This position replaces the amendments adopted on 14 September 2017 (Texts adopted, P8_TA(2017)0347).


Visa Information System ***I
PDF 490kWORD 174k
Resolution
Consolidated text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA (COM(2018)0302 – C8-0185/2018 – 2018/0152(COD))
P8_TA(2019)0174A8-0078/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0302),

–  having regard to Article 294(2) and Article 16(2), Article 77(2)(a), (b), (d) and (e), Article 78(2)(d), (e) and (g), Article 79(2)(c) and (d), Article 87(2)(a) and Article 88(2)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0185/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A8-0078/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council reforming the Visa Information System by amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and repealing Decision 2004/512/EC and repealing Council Decision 2008/633/JHA [Am. 1]

P8_TC1-COD(2018)0152


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty of the Functioning of the European Union, and in particular, Article 16(2), Article 77(2)(a) (b), (d) and (e), Article 78(2)(d),(e) and (g), Article 79(2)(c), and (d), Article 87(2)(a) and Article 88(2)(a),

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  The Visa Information System (VIS) was established by Council Decision 2004/512/EC(4) to serve as the technology solution to exchange visa data between Member States. Regulation (EC) No 767/2008 of the European Parliament and of the Council(5) laid down the VIS purpose, functionalities and responsibilities, as well as the conditions and procedures for the exchange of short-stay visa data between Member States to facilitate the examination of short-stay visa applications and related decisions. Regulation (EC) No 810/2009 of the European Parliament and of the Council(6) set out the rules on the registration of biometric identifiers in the VIS. Council Decision 2008/633/JHA(7) laid down the conditions under which Member States’ designated authorities and Europol may obtain access to consult the VIS for the purposes of preventing, detecting and investigating terrorist offences and other serious criminal offences. The VIS started operations on 11 October 2011(8) and was gradually rolled out in all Member States' consulates around the world between October 2011 and February 2016. [Am. 2]

(2)  The overall objectives of the VIS are to improve the implementation of the common visa policy, consular cooperation and consultation between central visa authorities by facilitating the exchange of data between Member States on applications and on the decisions relating thereto, in order to: facilitate the visa application procedure; prevent ‘visa shopping’; facilitate the fight against identity fraud; facilitate checks at external border crossing points and within the Member States’ territory; assist in the identification of any person who may not, or may no longer, fulfil the conditions for entry to, stay or residence on the territory of the Member States; facilitate the application of the Regulation (EU) No 604/2013 of the European Parliament and of the Council(9) and contribute to the prevention of threats to the internal security of any of the Member States.

(3)  The Communication of the Commission of 6 April 2016 entitled 'Stronger and Smarter Information Systems for Borders and Security'(10) outlined the need for the EU to strengthen and improve its IT systems, data architecture and information exchange in the area of border management, law enforcement and counter-terrorism and emphasised the need to improve the interoperability of IT systems. The Communication also identified a need to address information gaps, including on third country nationals holding a long-stay visa given that Article 21 of the Convention implementing the Schengen Agreement provides a right to free movement within the territory of the States parties to the Agreement for a period of not more than 90 days in any 180 days, by instituting the mutual recognition of the residence permits and long-stay visas issued by these States. The Commission therefore conducted two studies: the first feasibility study(11) concluded that developing a repository would be technically feasible and that re-using the VIS structure would be the best technical option, whereas the second study(12) conducted an analysis of necessity and proportionality and concluded that it would be necessary and proportionate to extend the scope of VIS to include the documents mentioned above. [Am. 3]

(4)  The Council endorsed a Roadmap to enhance information exchange and information management(13) on 10 June 2016. In order to address the existing information gap in the documents issued to third-country nationals, the Council invited the Commission to assess the establishment of a central repository of residence permits and long-stay visas issued by Member States, to store information on these documents, including on expiry dates and on their possible withdrawal. Article 21 of the Convention implementing the Schengen Agreement provides a right to free movement within the territory of the states party to the Agreement for a period of not more than 90 days in any 180 days, by instituting the mutual recognition of the residence permits and long stay visas issued by these States. [Am. 4]

(5)  In Council Conclusions of 9 June 2017 on the way forward to improve information exchange and ensure the interoperability of EU information systems(14), the Council acknowledged that new measures might be needed in order to fill the current information gaps for border management and law enforcement, in relation to border crossings by holders of long-stay visas and residence permits. The Council invited the Commission to undertake a feasibility study as a matter of priority for the establishment of a central EU repository containing information on long-stay visas and residence permits. On this basis, the Commission conducted two studies: the first feasibility study(15) concluded that developing a repository would be technically feasible and that re-using the VIS structure would be the best technical option, whereas the second study(16) conducted an analysis of necessity and proportionality and concluded that it would be necessary and proportionate to extend the score of VIS to include the documents mentioned above. [Am. 5]

(6)  The Communication of the Commission of 27 September 2017 on the ‘Delivery of the European Agenda on Migration’(17) stated that the EU's common visa policy is not only an essential element to facilitate tourism and business, but also a key tool to prevent security risks and risks of irregular migration to the EU. The Communication acknowledged the need to further adapt the common visa policy to current challenges, taking into account new IT solutions and balancing the benefits of facilitated visa travel with improved migration, security and border management. The Communication stated that the VIS legal framework would be revised, with the aim of further improving the visa processing, including on data protection related aspects and access for law enforcement authorities, further expanding the use of the VIS for new categories and uses of data and to make full use of the interoperability instruments.

(7)  The Communication of the Commission of 14 March 2018 on adapting the common visa policy to new challenges(18) reaffirmed that the VIS legal framework would be revised, as part of a broader process of reflection on the interoperability of information systems.

(8)  When adopting Regulation (EC) No 810/2009, it was recognised that the issue of the sufficient reliability for identification and verification purposes of fingerprints of children under the age of 12 and, in particular, how fingerprints evolve with age, would have to be addressed at a later stage, on the basis of the results of a study carried out under the responsibility of the Commission. A study(19) carried out in 2013 by the Joint Research Centre concluded that fingerprint recognition of children aged between 6 and 12 years is achievable with a satisfactory level of accuracy under certain conditions. A second study(20) confirmed this finding in December 2017 and provided further insight into the effect of aging over fingerprint quality. On this basis, the Commission conducted in 2017 a further study looking into the necessity and proportionality of lowering the fingerprinting age for children in the visa procedure to 6 years. This study(21) found that lowering the fingerprinting age would contribute to better achieving the VIS objectives, in particular in relation to the facilitation of the fight against identity fraud, facilitation of checks at external border crossing points, and could bring additional benefits by strengthening the prevention and fight against children's rights abuses, in particular by enabling the identification/verification of identity of third-country national (TCN) children who are found in Schengen territory in a situation where their rights may be or have been violated (e.g. child victims of trafficking in human beings, missing children and unaccompanied minors applying for asylum). At the same time, children are a particularly vulnerable group and collecting special categories of data, such as fingerprints, from them should be subject to stricter safeguards and a limitation of the purposes for which these data may be used to situations where it is in the child’s best interests, including by limiting the retention period for data storage. The second study also identified that fingerprints of persons above 70 years of age are of low quality and medium accuracy. The Commission and Member States should cooperate in exchanging best practices and address those shortcomings. [Am. 6]

(9)  The best interests of the child shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation. The child’s well-being, safety and security and the views of the child shall be taken into consideration and given due weight in accordance with his or her age and maturity. The VIS is in particular relevant where there is a risk of a child being a victim of trafficking.

(10)  The personal data provided by the applicant for a short-stay visa should be processed by the VIS to assess whether the entry of the applicant in the Union could pose a threat to the public security or to public health in the Union and also assess the risk of irregular migration of the applicant. As regards third country nationals who obtained a long stay visa or a residence permit, these checks should be limited to contributing to assess the identity of the document holder, the authenticity and the validity of the long-stay visa or residence permit as well as whether the entry of the third country national in the Union could pose a threat to public security or to public health in the Union. They should not interfere with any decision on long-stay visas or residence permits. [Am. 7]

(11)  The assessement assessment of such risks cannot be carried out without processing the personal data related to the person's identity, travel document, and, as the case may be, sponsor or, if the applicant is minor, identity of the responsible person. Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, the ECRIS-TCN system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned and/or the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)) or against the watchlists ETIAS watchlist, or against specific risk indicators. The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems, the watchlist or the specific risk indicators. [Am. 8]

(12)  Interoperability between EU information systems was established by [Regulation (EU) XX on interoperability (borders and visas)] so that these EU information systems and their data supplement each other with a view to improving the management of the external borders, contributing to preventing and combating illegal migration and ensuring a high level of security within the area of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding the security in the territories of the Member States. [Am. 9. This amendment applies throughout the text]

(13)  The interoperability between the EU information systems allows systems to supplement each other to facilitate the correct identification of persons, contribute to fighting identity fraud, improve and harmonise data quality requirements of the respective EU information systems, facilitate the technical and operational implementation by Member States of existing and future EU information systems, strengthen, harmonise and simplify the data security and data protection safeguards that govern the respective EU information systems, streamline the controlled law enforcement access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system]. [Am. 10]

(14)  The interoperability components cover the EES, the VIS, the [ETIAS], Eurodac, the SIS, and the [ECRIS-TCN system], and Europol data to enable it to be queried simultaneously with these EU information systems and therefore it is appropriate to use these components for the purpose of carrying out the automated checks and when accessing the VIS for law enforcement purposes. The European search portal (ESP) should be used for this purpose to enable a fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases needed to perform their tasks, in accordance with their access rights, and to support the objectives of the VIS. [Am. 11]

(15)  The comparison against other databases should be automated. Whenever such comparison reveals that a correspondence (a 'hit') exists with any of the personal data or combination thereof in the applications and a record, file or alert in the above information systems, or with personal data in the watchlist, the application should be, where the hit cannot be automatically confirmed by VIS, processed manually by an operator in the responsible authority. Depending on the type of data triggering the hit, the hit should be assessed either by consulates or by a national single point of contact, with the latter being responsible for hits generated in particular by law enforcement databases or systems. The assessment performed by the responsible authority should lead to the decision to issue or not the short-stay visa. [Am. 12]

(16)  Refusal of an application for a short-stay visa should not be based only on the automated processing of personal data in the applications.

(17)  Applicants who have been refused a short-stay visa on the basis of an information resulted from VIS processing should have the right to appeal. Appeals should be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State. Existing safeguards and rules on appeal in Regulation (EC) No 767/2008 should apply.

(18)  Specific risk indicators corresponding to previously identified security, irregular migration or public health risk high epidemic risks should be used to analyse the application file for a short stay visa. The criteria used for defining the specific risk indicators should in no circumstances be based solely on a person's sex or age. They shall in no circumstances be based on information revealing a person’s race, colour, ethnic or social origin, genetic features, language, political or any other opinions, religion or philosofical philosophical belief, trade union membership, membership of a national minority, property, birth, disability or sexual orientation. [Am. 13]

(19)  The continuous emergence of new forms of security threats risks, new patterns of irregular migration and public health threats high epidemic risks requires effective responses and needs to be countered with modern means. Since these means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the rights to respect for private and family life and to the personal data limited to what is necessary and proportionate in a democratic society. [Am. 14]

(20)  It should be ensured that at least a similar level of checks is applied to applicants for a short-stay visa, or third country nationals who obtained a long stay visa or a residence permit, as for visa free third country nationals. To this end a watchlist is also established with information related to persons who are suspected of having committed an act of serious crime or terrorism, or regarding whom there are factual indications or reasonable grounds to believe that they will commit an act of serious crime or terrorism should be used for verifications in respect of these categories of third country nationals as well.

(21)  In order to fulfil their obligation under the Convention implementing the Schengen Agreement, international carriers should be able to verify whether or not third country nationals holding a short-stay visa, a long stay visa or a residence permit are in possession of the required valid travel documents by sending a query to VIS. This verification should be made possible through the daily extraction of VIS data into a separate read-only database allowing the extraction of a minimum necessary subset of data to enable a query leading to an ok/not ok answer. The application file itself should not be accessible to carriers. The technical specifications for accessing VIS through the carrier gateway should limit the impact on passenger travel and carriers to the extent possible. For this purpose, integration with the EES and ETIAS should be considered. [Am. 15]

(21a)  With a view to limiting the impact of the obligations set out in this Regulation on international carriers transporting groups overland by coach, user-friendly mobile solutions should be made available. [Am. 16]

(21b)  Within two years following the start of application of this Regulation, the appropriateness, compatibility and coherence of provisions referred to in Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders for the purposes of the VIS provisions for overland transport by coaches should be assessed by the Commission. The recent evolution of overland transport by coaches should be taken into account. The need for amending provisions concerning overland transport by coaches referred to in Article 26 of that Convention or this Regulation should be considered. [Am. 17]

(22)  This Regulation should define the authorities of the Member States which may be authorised to have access to the VIS to enter, amend, delete or consult data on long stay visas and residence permits for the specific purposes set out in the VIS for this category of documents and their holders, and to the extent necessary for the performance of their tasks.

(23)  Any processing of VIS data on long stay visas and residence permits should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the VIS, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons on grounds of sex, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

(23a)  Biometric data, which in the context of this Regulation entails fingerprints and facial images are unique and therefore much more reliable than alphanumeric data for the purposes of identifying a person. However, biometric data constitute sensitive personal data. This Regulation thus lays down the basis and safeguards for processing such data for the purpose of uniquely identifying the persons concerned. [Am. 18]

(24)  It is imperative that law enforcement authorities have the most up-to-date information if they are to perform their tasks in the fight against terrorist offences and other serious criminal offences. Access of law enforcement authorities of the Member States and of Europol to VIS has been established by Council Decision 2008/633/JHA. The content of this Decision should be integrated into the VIS Regulation, to bring it in line with the current treaty framework.

(25)  Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to trafficking in human beings, terrorism or drug trafficking. Therefore, the data in the VIS related to long stays should also be available to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation.

(26)  Given that Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Europol's current access to the VIS within the framework of its tasks should be codified and streamlined, taking also into account recent developments of the legal framework such as Regulation (EU) 2016/794 of the European Parliament and of the Council(22).

(27)  Access to the VIS for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for private and family life and to the protection of personal data of persons whose personal data are processed in the VIS. Any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference must be necessary in a democratic society to protect a legitimate and proportionate interest and proportionate to the legitimate objective to achieve.

(28)  [Regulation 2018/XX on interoperability (borders and visas)] provides the possibility for a Member State police authority which has been so empowered by national legislative measures, to identify a person with the biometric data of that person taken during an identity check. However specific circumstances may exist where identification of a person is necessary in the interest of that person. Such cases include situations where the person was found after having gone missing, been abducted or having been identified as victim of trafficking. In such cases alone, quick access for law enforcement authorities to VIS data to enable a fast and reliable identification of the person, without the need to fulfill all the preconditions and additional safeguards for law enforcement access, should be provided. [Am. 19]

(29)  Comparisons of data on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in the VIS in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the VIS and after prior search under Council Decision 2008/615/JHA(23) should provide the law enforcement authorities of the Member States with a very valuable tool in preventing, detecting or investigating terrorist offences or other serious criminal offences, when for example the only evidence at a crime scene are latent fingerprints. [Am. 20]

(30)  It is necessary to designate the competent authorities of the Member States as well as the central access point through which the requests for access to VIS data are made and to keep a list of the operating units within the designated authorities that are authorised to request such access for the specific purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.

(31)  Requests for access to data stored in the Central System should be made by the operating units within the designated authorities to the central access point and should be justified. The operating units within the designated authorities that are authorised to request access to VIS data should not act as a verifying authority. The central access points should act independently of the designated authorities and should be responsible for ensuring, in an independent manner, strict compliance with the conditions for access as established in this Regulation. In exceptional cases of urgency, where early access is necessary to respond to a specific and actual threat related to terrorist offences or other serious criminal offences, the central access point should be able to process the request immediately and only carry out the verification afterwards.

(32)  To protect personal data and to exclude systematic searches by law enforcement, the processing of VIS data should only take place in specific cases and when it is necessary for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences. The designated authorities and Europol should only request access to the VIS when they have reasonable grounds to believe that such access will provide information that will substantially assist them in preventing, detecting or investigating a terrorist offence or other serious criminal offence and after prior search under Decision 2008/615/JHA. [Am. 21]

(32a)  As a general practice, Member States' end-users carry out searches in relevant national data bases prior or in parallel to querying European databases. [Am. 22]

(33)  The personal data of holders of long stay documents visas stored in the VIS should be kept for no longer than is necessary for the purposes of the VIS. It is appropriate to keep the data related to third country nationals for a period of five years in order to enable data to be taken into account for the assessment of short-stay visa applications, to enable detection of overstay after the end of the validity period and in order to conduct security assessments of third country nationals who obtained them. The data on previous uses of a document could facilitate the issuance of future short stay visas. A shorter storage period would not be sufficient for ensuring the stated purposes. The data should be erased after a period of five years, unless there are grounds to erase them earlier. [Am. 23]

(34)  Regulation (EU) 2016/679 of the European Parliament and of the Council(24) applies to the processing of personal data by the Member States in application of this Regulation. Processing of personal data by law enforcement authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties is governed by Directive (EU) 2016/680 of the European Parliament and of the Council(25).

(35)  Members of the European Border and Coast Guard (EBCG) teams, as well as teams of staff involved in return-related tasks are entitled by Regulation (EU) 2016/1624 of the European Parliament and the Council to consult European databases where necessary for fulfilling operational tasks specified in the operational plan on border checks, border surveillance and return, under the authority of the host Member State. For the purpose of facilitating that consultation and enabling the teams an effective access to the data entered in VIS, the ECBGA should be given access to VIS. Such access should follow the conditions and limitations of access applicable to the Member States' authorities competent under each specific purpose for which VIS data can be consulted. [Am. 24]

(36)  The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC of the European Parliament and of the Council(26), is an essential component of the comprehensive efforts to tackle irregular migration and represents an important reason of substantial public interest.

(37)  The third countries of return are often not subject to adequacy decisions adopted by the Commission under Article 45 of Personal data obtained by a Member State pursuant to this Regulation (EU) 2016/679 or under national provisions adopted to transpose Article 36 of Directive (EU) 2016/680. Furthermore, the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return has not been able to ensure the systematic fulfilment by such should not be transferred or made available to any third country, international organisation or private entity countries of the obligation established by in or outside the Union. As an exception to that rule, however, it should be possible to transfer such personal data to a third country or to an international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the organisation where such a transfer of data to third countries is subject to strict conditions and necessary in individual cases in order to assist with the identification of a third-country national in relation to his or her return. In the absence of an adequacy decision by means of implementing act pursuant to Article 46 of Regulation (EU) 2016/679 or to the national provisions adopted to transpose Article 37 of Directive (EU) 2016/680, cover a limited number of such third countries and conclusion of any new agreement remains uncertain. In such situations, personal data could be processed of appropriate safeguards to which transfers are subject pursuant to this that Regulation with third-country authorities, it should be possible to exceptionally transfer, for the purposes of implementing the return policy of the Union provided that the conditions laid down in Article 49(1)(d) of, VIS data to a third country or to an international organisation, only where it is necessary for important reasons of public interest as referred to in that Regulation (EU) 2016/679 or  in the national provisions transposing Article 38 or 39 of Directive (EU) 2016/680 are met. [Am. 25]

(38)  Member States should make available relevant personal data processed in the VIS, in accordance with the applicable data protection rules and where required in individual cases for carrying out tasks under Regulation (EU) …/… of the European Parliament and the Council(27),Union Resettlement Framework Regulation], to the [European Union Asylum Agency] and relevant international bodies such as the United Nations High Commissioner for Refugees, the International Organisation on Migration and to the International Committee of the Red Cross refugee and resettlement operations, in relation to third-country nationals or stateless persons referred by them to Member States in the implementation of Regulation (EU) …/… [the Union Resettlement Framework Regulation]. [Am. 26]

(39)  Regulation (EC) No 45/2001 (EU) 2018/1725 of the European Parliament and the Council(28) applies to the activities of the Union institutions or bodies when carrying out their tasks as responsible for the operational management of VIS. [Am. 27]

(40)  The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on 12 December 2018. [Am. 28]

(41)  In order to enhance third countries' cooperation on readmission of irregular migrants and to facilitate the return of illegally staying third country nationals whose data might be stored in the VIS, the copies of the travel document of applicants for a short stay visa should be stored in the VIS. Contrary to information extracted from the VIS, copies of travel documents are a proof of nationality more widely recognised by third countries.

(42)  Consultation of the list of travel documents which entitle the holder to cross the external borders and which may be endorsed with a visa, as established by Decision No 1105/2011/EU of the European Parliament and of the Council(29), is a compulsory element of the visa examination procedure. Visa authorities should systematically implement this obligation and therefore this list should be incorporated in the VIS to enable automatic verification of the recognition of the applicant’s travel document.

(43)  Without prejudice to Member States’ responsibility for the accuracy of data entered into VIS, eu-LISA should be responsible for reinforcing data quality by introducing, maintaining and continuously upgrading a central data quality monitoring tool, and for providing reports at regular intervals to the Member States. [Am. 29]

(44)  In order to allow better monitoring of the use of VIS to analyse trends concerning migratory pressure and border management, eu-LISA should be able to develop a capability for statistical reporting to the Member States, the Commission, and the European Border and Cost Coast Guard Agency without jeopardising data integrity. Therefore, a central eu-LISA should store certain statistical data in the central repository should be established for the purposes of the reporting and providing statistics in accordance with [Regulation 2018/XX on interoperability (borders and visa)]. None of the produced statistics should contain personal data. [Am. 30]

(45)  This Regulation is without prejudice to the application of Directive 2004/38/EC of the European Parliament and of the Council.(30)

(46)  Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of the need to ensure the implementation of a common policy on visas, a high level of security within the area without controls at the internal borders and the gradual establishment of an integrated management system for the external borders, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(47)  This Regulation establishes strict access rules to the VIS and the necessary safeguards. It also foresees individuals’ rights of access, rectification, erasure and remedies in particular the right to a judicial remedy and the supervision of processing operations by public independent authorities. Additional safeguards are introduced by this Regulation to cover for the specific needs of the new categories of data that will be processed by the VIS. This Regulation therefore respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to human dignity , the right to liberty and security, the respect for private and family life, the protection of personal data, the right to asylum and protection of the principle of non-refoulement and protection in the event of removal, expulsion or extradition, the right to non-discrimination, the rights of the child and the right to an effective remedy.

(47a)  This Regulation is without prejudice to the obligations deriving from the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, and to all the international commitments entered into by the Union and its Member States. [Am. 31]

(48)  Specific provisions should apply to third country nationals who are subject to a visa requirement, who are family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC. Article 21(1) of the Treaty on the Functioning of the European Union stipulates that every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect. The respective limitations and conditions are to be found in Directive 2004/38/EC.

(49)  As confirmed by the Court of Justice of the European Union, such family members have not only the right to enter the territory of the Member State but also to obtain an entry visa for that purpose. Member States must grant such persons every facility to obtain the necessary visas which must be issued free of charge as soon as possible and on the basis of an accelerated procedure.

(50)  The right to obtain a visa is not unconditional as it can be denied to those family members who represent a risk to public policy, public security or public health pursuant to Directive 2004/38/EC. Against this background, the personal data of family members can only be verified where the data relate to their identification and their status only insofar these are relevant for assessment of the security threat they could represent. Indeed, the examination of their visa applications should be made exclusively against the security concerns, and not those related to migration risks.

(51)  In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(52)  This Regulation constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC(31); the United Kingdom is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(53)  This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC(32); Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(54)  As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis(33) which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC(34).

(55)  As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of 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(35) which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC(36) and with Article 3 of Council Decision 2008/149/JHA(37).

(56)  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(38) which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU(39) and with Article 3 of Council Decision 2011/349/EU.(40)

(57)  This Regulation, with the exception of Article 22r, constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession, with the exception of provisions rendered applicable to Bulgaria and Romania by Council Decision (EU) 2017/1908(41),

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 767/2008 is amended as follows:

(-1)  The title is replaced by the following:"

“Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of information between Member States on short-stay visas, long-stay visas, and residence permits (VIS Regulation)”; [Am. 32]

"

(1)  In Article 1 the following paragraphs are added:"

"This Regulation also lays down procedures for the exchange of information between Member States on long-stay visas and residence permits, including on certain decisions on long-stay visas and residence permits.

By storing identity, travel document and biometric data in the common identity repository (CIR) established by Article 17 of Regulation 2018/XX of the European Parliament and of the Council* [Regulation 2018/XX on interoperability (borders and visas)], the VIS contributes to facilitating and assisting in the correct identification of persons registered in the VIS."

"

­­­­­­­­_______

* Regulation 2018/XX of the European Parliament and of the Council* [Regulation 2018/XX on interoperability (borders and visas)] (OJ L).";

(2)  Article 2 is replaced by the following:"

“Article 2

Purpose of VIS

1.  The VIS shall have the purpose of improving the implementation of the common visa policy on short-stay visas, consular cooperation and consultation between central visa authorities by facilitating the exchange of data between Member States on applications and on the decisions relating thereto, in order: [Am. 33]

   (a) to facilitate and expedite the visa application procedure; [Am. 34]
   (b) to prevent the bypassing of the criteria for the determination of the Member State responsible for examining the application;
   (c) to facilitate the fight against fraud;
   (d) to facilitate checks at external border crossing points and within the territory of the Member States;
   (e) to assist in the identification and return of any person who may not, or may no longer, fulfil the conditions for entry to, stay or residence on the territory of the Member States;
   (f) to assist in the identification of persons referred to in Article 22o who have gone missing; [Am. 35]
   (g) to facilitate the application of Regulation (EU) No 604/2013 of the European Parliament and of the Council* and of Directive 2013/32/EU of the European Parliament and of the Council**;
   (h) to contribute to the prevention of threats to the internal security of any of the Member States, namely through the prevention, detection and investigation of terrorist offences or of other serious criminal offences in appropriate and strictly defined circumstances; [Am. 36]
   (i) to contribute to the prevention of threats to the internal security of any of the Member States; [Am. 37]
   (j) to ensure the correct identification of persons;
   (k) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of third country nationals subject to a refusal of entry, persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks."

2.  As regards long stay visas and residence permits, the VIS shall have the purpose of facilitating the exchange of data between Member States on the decisions related thereto, in order to:

   (a) support a high level of security in all Member States by contributing to the assessment of whether the applicant or holder of a document is considered to pose a threat to public policy, internal security or public health prior to their arrival at the external borders crossing points; [Am. 38]
   (b) facilitate checks at external border crossing points and enhance the effectiveness of border checks and of checks within the territory of the Member States; [Am. 39]
   (c) contribute to the prevention of threats to the internal security of any of the Member States, namely through the prevention, detection and investigation of terrorist offences or of other serious criminal offences in appropriate and strictly defined circumstances; [Am. 40]
   (d) ensure the correct identification of persons;
   (da) assist in the identification of persons referred to in Article 22o who have gone missing; [Am. 41]
   (e) facilitate the application of Regulation (EU) No 604/2013 and of Directive 2013/32/EU;
   (f) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of third country nationals subject to a refusal of entry, persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks."

* Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).

** Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).";

"

(2a)  the following Article is inserted:"

“Article 2a

Architecture

1.  VIS shall be based on a centralised architecture and shall consist of:

   (a) the common identity repository established by [Article 17(2)(a) of Regulation 2018/XX on interoperability (borders and visa)];
   (b) a central information system (the ‘VIS Central System’);
   (c) an interface in each Member State (the ‘national interface’ or ‘NI-VIS’) which shall provide the connection to the relevant central national authority of the respective Member State, or a national uniform interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the VIS Central System to connect to the national infrastructures in Member States;
   (d) a communication infrastructure between the VIS Central System and the national interfaces;
   (e) a secure communication channel between the VIS Central System and the EES Central System;
   (f) a secure communication infrastructure between the VIS Central System and the central infrastructures of the European search portal established by [Article 6 of Regulation 2018/XX on interoperability (borders and visa)], shared biometric matching service established by [Article 12 of Regulation 2018/XX on interoperability (borders and visa)], the common identity repository established by [Article 17 of Regulation 2018/XX on interoperability (borders and visa)] and the multiple-identity detector established by [Article 25 of Regulation 2018/XX on interoperability (borders and visa)];
   (g) a mechanism of consultation on applications and exchange of information between central visa authorities ('VISMail');
   (h) a carrier gateway;
   (i) a secure web service enabling communication between the VIS Central System on the one hand and the carrier gateway and international systems on the other hand;
   (j) a repository of data for the purposes of reporting and statistics;
   (k) a tool enabling applicants to give or withdraw their consent for an additional retention period of their application file.

The VIS Central System, the national uniform interfaces, the web service, the carrier gateway and the VIS communication infrastructure shall share and re-use as much as technically possible the hardware and software components of respectively the EES Central System, the EES national uniform interfaces, the ETIAS carrier gateway, the EES web service and the EES communication infrastructure.

2.  The NI-VIS shall consist of:

   (a) one local national interface (LNI) for each Member State which is the interface that physically connects the Member State to the secure communication network and contains the encryption devices dedicated to VIS. The LNI shall be located at the Member State premises;
   (b) one backup LNI (BLNI) which shall have the same content and function as the LNI.

3.  The LNI and BLNI are to be used exclusively for purposes defined by the Union legislation applicable to VIS.

4.  Centralised services shall be duplicated to two different locations namely Strasbourg, France, hosting the principal VIS Central System, central unit (CU) and St Johann im Pongau, Austria, hosting the backup VIS Central System, backup central unit (BCU). The connection between the principal VIS Central System and the backup VIS Central System shall allow for the continuous synchronisation between the CU and BCU. The communication infrastructure shall support and contribute to ensuring the uninterrupted availability of VIS. It shall include redundant and separated paths for the connections between VIS Central System and the backup VIS Central System and shall also include redundant and separated paths for the connections between each national interface and VIS Central System and backup VIS Central System. The communication infrastructure shall provide an encrypted, virtual, private network dedicated to VIS data and to communication between Member States and between Member States and the authority responsible for the operational management for the VIS Central System.”; [Am. 42]

"

(3)  Article 3 is deleted;

(4)  in Article 4, is amended as follows:

(a)  the following point is inserted:"

(3a) ‘central authority’ means the authority established by a Member State for the purposes of Regulation (EC) No 810/2009; [Am. 43]

"

(b)  the following points are added:"

(12) 'VIS data' means all data stored in the VIS Central System and in the CIR in accordance with Articles 9 to14, 22c, to 22f;

   (13) 'identity data' means the data referred to in Article 9(4)(a) and (aa);
   (14) ‘fingerprint data’ means the data relating fingerprints that is stored in a VIS file;
   (15) ‘facial image’ means digital image of the face with sufficient image resolution and quality to be used in automated biometric matching; [Am. 44]
   (16) 'Europol data' means personal data processed by Europol for the purpose referred to in Article 18(2)(a) of Regulation (EU) 2016/794 of the European Parliament and of the Council*;
   (17) 'residence permit' means all residence permits issued by the Member States in accordance with the uniform format laid down by Council Regulation (EC) No 1030/2002** and all other documents referred to in Article 2(16)(b) of Regulation (EU) 2016/399;
   (18) 'long-stay visa' means an authorisation issued by a Member State as provided for in Article 18 of the Schengen Convention;
   (19) national supervisory authority authoritiesas regards law enforcement purposes means the supervisory authorities established in accordance with referred to in Article 51(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council*** and the supervisory authorities referred to in Article 41 of Directive (EU) 2016/680 of the European Parliament and of the Council****; [Am. 45]
   (19a) 'hit' means the existence of a correspondence established by comparing the relevant data recorded in an application file of VIS with the relevant data present in a record, file or alert registered in VIS, Schengen Information System, the EES, ETIAS, Eurodac, Europol data or in Interpol’s SLTD database; [Am. 46]
   (20) 'law enforcement' means the prevention, detection or investigation of terrorist offences or other serious criminal offences within a strictly defined framework; [Am. 47]
   (21) 'terrorist offences' mean the offences under national law which correspond or are equivalent to those referred to in Articles 3 to 14 of Directive (EU) 2017/541 of the European Parliament and of the Council***** or equivalent to one of those offences for the Member States which are not bound by that Directive; [Am. 48]
   (22) 'serious criminal offences' means the offences which correspond or are equivalent to those referred to in Article 2(2) of Council Framework Decision 2002/584/JHA******, if they are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years.

________________

* Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

** Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1)

*** Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). [Am. 49]

**** Directive (EU) 2016/680 of the European parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

***** Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).

****** Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1)”;

"

(5)  Article 5 is replaced by the following:"

“Article 5

Categories of data

1.  Only the following categories of data shall be recorded in the VIS:

   (a) alphanumeric data on the short stay visa applicant and on visas requested, issued, refused, annulled, revoked or extended referred to in Article 9(1) to (4) and Articles 10 to 14, alphanumeric data on long stay visa and residence permits issued, withdrawn, refused, annulled, revoked or extended referred to in Articles 22c, 22d, 22e and 22f, as well as information regarding the hits referred to in Articles 9a and 22b, and the results of verifications referred to in Article 9c(6);
   (b) facial images referred to in Article 9(5) and Article  22c(2)(f);
   (c) fingerprint data referred to in Article 9(6) and, Article 22c(2)(g) and Article 22d(g); [Am. 50]
   (ca) scans of the biographic data page of the travel document referred to in Article 9(7); [Am. 51]
   (d) links to other applications referred to in Article 8(3) and (4) and Article 22a(3)."

"

2.  The messages transmitted by the VIS, referred to in Article 16, Article 24(2) and Article 25(2), shall not be recorded in the VIS, without prejudice to the recording of data processing operations pursuant to Article 34.

3.  The CIR shall contain the data referred to in Article 9(4)(a) to (cc), Article 9(5) and 9(6), Article 22c(2)(a), to (cc), (f) and (g), and Article 22d(a) to (cc)(c), (f) and (g). The remaining VIS data shall be stored in the VIS Central System." [Am. 52]

(6)  the following Article 5a is inserted:"

"Article 5a

List of recognised travel documents

(1). The list of travel documents which entitle the holder to cross the external borders and which may be endorsed with a visa, as established by Decision No 1105/2011/EU of the European Parliament and of the Council*, shall be integrated in the VIS. [Am. 53]

(2). The VIS shall provide the functionality for the centralised management of the list of recognised travel documents and of the no²tification of the recognition or non-recognition of the listed travel documents pursuant to Article 4 of Decision No 1105/2011/EU. [Am. 54]

(3). The detailed rules on managing the functionality referred to in paragraph 2 shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2). [Am. 55]

_________________

* Decision No 1105/2011/EU of the European Parliament and of the Council of 25 October 2011 on the list of travel documents which entitle the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list (OJ L 287, 4.11.2011, p. 9).";

"

(7)  Article 6 is amended as follows:

(-a)  paragraph 1 is replaced by the following:"

“1. Without prejudice to Article 22a, access to the VIS for entering, amending or deleting the data referred to in Article 5(1) in accordance with this Regulation shall be reserved exclusively to the duly authorised staff of the visa authorities. The number of duly authorised members of staff shall be strictly limited by the actual needs of their service.” [Am. 56]

"

(a)  paragraph 2 is replaced by the following:"

"2. Access to the VIS for consulting the data shall be reserved exclusively for the duly authorised staff of the national authorities of each Member State and of the EU bodies which are competent for the purposes laid down in Articles 15 to 22, Articles 22c to 22f, and Articles 22g to 22j 22l, as well as for the purposes laid down in Articles 20 and 21 of [Regulation 2018/XX on interoperability (borders and visa)].

The authorities entitled to consult or access VIS in order to prevent, detect and investigate terrorist offences or other serious criminal offences shall be designated in accordance with Chapter IIIb.

That access shall be limited to the extent that the data are required for the performance of their tasks in accordance with those purposes, and proportionate to the objectives pursued."; [Am. 57]

"

(aa)  paragraph 3 is replaced by the following:"

“3. Each Member State shall designate the competent authorities, the duly authorised staff of which shall have access to enter, amend, delete or consult data in the VIS. Each Member State shall without delay communicate to eu-LISA a list of these authorities, including those referred to in Article 29(3a), and any amendments thereto. That list shall specify for each authority, which data it may search and for what purposes.

eu-LISA shall ensure annual publication of the list and of lists of designated authorities referred to in Article 22k(2) and the central access points referred to in Article 22k(4) in the Official Journal of the European Union. eu-LISA shall maintain a continuously updated list on its website containing changes sent by Member States between the annual publications.”; [Am. 58]

"

(b)  the following paragraph 4 is added:"

"4. The VIS shall provide the functionality for the centralised management of this list."

"

(c)  the following paragraph 5 is added:"

"5. The Commission shall adopt delegated acts in accordance with Article 48a concerning the detailed rules on managing the functionality for the centralised management of the list in paragraph 3 shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2)." [Am. 59]

"

(7a)  In Article 7, paragraph 2 is replaced by the following:"

“2. Processing of personal data within the VIS by each competent authority shall not result in discrimination against applicants, visa holders or applicants and holders of long-stay visas, and residence permits on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. It shall fully respect human dignity and integrity and fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, including the right to respect for one’s private life and to the protection of personal data. Particular attention shall be paid to children, the elderly and persons with a disability and persons in need of international protection. The best interests of the child shall be a primary consideration.”; [Am. 60]

"

(8)  In Article 7 a new paragraph 3 is inserted the following paragraphs are added:"

"3. The best interests of the child shall be a primary take precedence over any other consideration for Member States with respect to all procedures provided for in this Regulation, in full compliance with the International Convention on the Rights of the Child. The child’s well-being, safety and security, in particular where there is a risk of the child being a victim of human trafficking in human beings, and the views of the child shall be taken into consideration and given due weight in accordance with his or her age and maturity." [Am. 61]

3a.  Member States shall apply this Regulation in full conformity with the Charter of Fundamental Rights of the European Union, in particular the right to human dignity, the right to liberty and security, the respect for private and family life, the protection of personal data, the right to asylum and protection of the principle of non-refoulement and protection in the event of removal, expulsion or extradition, the right to non-discrimination, the rights of the child and the right to an effective remedy.”; [Am. 62]

"

(8a)  The following Article is inserted:"

“Article 7a

Fingerprint data of children

1.  By way of derogation to Article 22c(2)(g) no fingerprints of children under the age of 6 shall be entered into VIS.

2.  The biometric data of minors from the age of six shall be taken by officials trained specifically to take a minor's biometric data in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child.

The minor shall be accompanied by, where present, an adult family member while his or her biometric data are taken. An unaccompanied minor shall be accompanied by a guardian, representative or, where a representative has not been designated, a person trained to safeguard the best interests of the minor and his or her general wellbeing, while his or her biometric data are taken. Such a trained person shall not be the official responsible for taking the biometric data, shall act independently and shall not receive orders either from the official or the service responsible for taking the biometric data. No form of force shall not be used against minors to ensure their compliance with the obligation to provide biometric data.

3.  By way of derogation from Article 13(2) of Regulation (EC) No 810/2009 consulates shall not request that children between the age of 6 and 12 appear in person at the consulate for the collection of biometric identifiers where this would constitute an excessive burden and costs for families. In such cases, biometric identifiers shall be taken at the external borders where particular attention shall be paid to avoid child trafficking.

4.  By way of derogation from the provisions on the use of data provided for in Chapters II, III, IIIa and IIIb fingerprint data of children may only be accessed for the following purposes:

   (a) to verify the child’s identity in the visa application procedure in accordance with Article 15 and at the external borders in accordance with Articles 18 and 22g and
   (b) under Chapter IIIb to contribute to the prevention of and fight against abuses of children’s right’s, subject to all of the following conditions being satisfied:
   (i) such access must be necessary for the purpose of the prevention, detection or investigation of child trafficking;
   (ii) access is necessary in a specific case;
   (iii) the identification is in the best interest of the child.”; [Am. 63]

"

(9)  The title of Chapter II is replaced by the following:"

“ENTRY AND USE OF DATA ON SHORY STAY SHORT-STAY VISA BY VISA AUTHORITIES” [Am. 64]

"

(10)  Article 8 is amended as follows:

(a)  paragraph 1 is replaced by the following:"

"1. When the application is admissible pursuant to Article 19 of Regulation (EC) No 810/2009, the visa authority shall create the application file within 2 working days, by entering the data referred to in Article 9 in the VIS, as far as those data are required to be provided by the applicant.";

"

(b)  the following paragraph 1a is inserted:"

“1a. Upon creation of the application file, the VIS shall automatically launch the query pursuant to Article 9a and return results.

"

(c)  paragraph 5 is replaced by the following:"

5. Where particular data are not required to be provided for legal reasons or factually cannot be provided, the specific data field(s) shall be marked as ‘not applicable’. The absence of fingerprints should be indicated by "VIS0"; furthermore, the system shall permit a distinction to be made between the cases pursuant to Article 13(7)(a) to (d) of Regulation (EC) No 810/2009."

"

(11)  Article 9 is amended as follows:

(a)  in point 4, points (a), (b) and (c) are replaced by the following:"

"(a) surname (family name); first name or names (given names); date of birth; nationality or nationalities; sex;

   (aa) surname at birth (former surname(s)); place and country of birth; nationality at birth;
   (b) the type and number of the travel document or documents and the three-letter code of the issuing country of the travel document or documents;
   (c) the date of expiry of the validity of the travel document or documents;
   (cc) the authority which issued the travel document and its date of issue;";

"

(b)  point 5 is replaced by the following:"

"5. the facial image of the applicant, in accordance with Article 13(1) 13 of Regulation (EC) No 810/2009."; [Am. 65]

"

(ba)  point 6 is replaced by the following:"

“6. fingerprints of the applicant, in accordance with Article 13 of Regulation (EC) No 810/2009.”; [Am. 66]

"

(c)  the following point 7 is added:"

"7. a scan of the biographic data page.";

"

(d)  the following two paragraphs are added:"

"8. The facial image of third country nationals referred to in point 5 of the first paragraph shall have sufficient image resolution and quality to be used in automated biometric matching. If it lacks sufficient quality, the facial image shall not be used for automated matching. [Am. 67]

By way of derogation from the second first paragraph, in exceptional cases where the quality and resolution specifications set for the enrolment of the live facial image in the VIS cannot be met, the facial image may be extracted electronically from the chip of the electronic Machine Readable Travel Document (eMRTD). In such cases, the facial image shall only be inserted into the individual file after electronic verification that the facial image recorded in the chip of the eMRTD corresponds to the live facial image of the third-country national concerned."; [Am. 68]

"

(12)  the following new Articles 9a to 9d are inserted:"

"Article 9a

Queries to other systems

1.  The application files shall be automatically processed by the VIS to identify hits. The VIS shall examine each application file individually.

2.  When an application is created or a visa is issued, the VIS shall check whether the travel document related to that application is recognised in accordance to Decision No 1105/2011/EU, by performing an automatic search against the list of recognised travel documents referred to in Article 5a, and shall return a result. [Am. 69]

3.  For the purpose of the verifications provided for in Article 21(1) and Article 21(3)(a), (c) and (d) and (c) of Regulation (EC) No 810/2009, the VIS shall launch a query by using the European Search Portal defined in Article 6(1) [of the Interoperability Regulation (borders and visas)] to compare the relevant data referred to in point (4) points (4), (5) and (6) of Article 9 of this Regulation to the data present in a record, file or alert registered in the VIS, the Schengen Information System (SIS), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), including the watchlist referred to in Article 29 of Regulation (EU) 2018/XX for the purposes of establishing a European Travel Information and Authorisation System], the Eurodac, [the ECRIS-TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned], the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD) and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN). VIS shall verify:

   (a) whether the travel document used for the application corresponds to a travel document reported lost, stolen, misappropriated or invalidated in SIS;
   (b) whether the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated in the SLTD database;
   (c) whether the applicant is subject to a refusal of entry and stay alert in SIS;
   (d) whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;
   (e) whether the applicant and the travel document correspond to a refused, revoked or annulled travel authorisation in the ETIAS Central System and its holder;
   (f) whether the applicant and the travel document are in the watch list referred to in Article 34 of Regulation (EU) 2018/1240 of the European Parliament and of the Council*;
   (g) whether data on the applicant is already recorded in VIS;
   (h) whether the data provided in the application concerning the travel document correspond to another application for a visa associated with different identity data;
   (i) whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES;
   (j) whether the applicant is recorded as having been refused entry in the EES;
   (k) whether the applicant has been subject to a decision to refuse, annul or revoke a short-stay visa recorded in VIS;
   (l) whether the applicant has been subject to a decision to refuse, annul or revoke a long-stay visa, or residence permit recorded in VIS;
   (m) whether data specific to the identity of the applicant are recorded in Europol data;
   (n) whether the applicant for a short-stay visa is registered in Eurodac;
   (o) in cases where the applicant is a minor, whether the applicant's holder of parental authority or legal guardian:
   (i) is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;
   (ii) is subject to a refusal of entry and stay alert entered in SIS;
   (iii) holds a travel document contained in the watch list referred to in Article 34 of Regulation (EU) 2018/1240. [Am. 70]

3a.  When querying SLTD, the data used by the user of the ESP to launch a query shall not be shared with the owners of Interpol data. [Am. 71]

4.  The VIS shall add a reference to any hit obtained pursuant to paragraph 3 to the application file. Additionally, the VIS shall identify, where relevant, the Member State(s) that entered or supplied the data having triggered the hit(s) or Europol, and shall record this in the application file. No information other than the reference to any hit and the originator of the data shall be recorded. [Am. 72]

5.  For the purposes of Article 2(1)(k), the queries carried out under paragraph 3 of this Article shall compare the relevant data referred to in Article 15(2) to the data present in the SIS in order to determine whether the applicant is subject to one of the following alerts:

   (a) an alert in respect of persons wanted for arrest for surrender purposes or extradition purposes;
   (b) an alert in respect of missing persons;
   (c) an alert in respect of persons sought to assist with a judicial procedure;
   (d) an alert on persons and objects for discreet checks, or specific checks or inquiry checks. [Am. 73]

5a.  Any hit resulting from the queries pursuant to Article 9a(3)(a), (b), (c), (e), (g), (h), (i), (j), (k), (l) and (n) shall be assessed, where necessary following verification by the central authority in accordance with Article 9c, by the consulate where the visa application was lodged. [Am. 74]

5b.  Any hit resulting from the queries pursuant to Article 9a(3)(d), (f),(m), and (o) shall be verified, where necessary, and assessed by the single point of contact of the Member States that entered or supplied the data having triggered the hits, in accordance with Article 9ca. [Am. 75]

5c.  Any hit against SIS shall also be automatically notified to the SIRENE Bureau of the Member State that created the alert having triggered the hit. [Am. 76]

5d.  The notification provided to the SIRENE Bureau of the Member State or the single point of contact that entered the alert shall contain the following data:

   (a) surname(s), first name(s) and, if any, alias(es);
   (b) place and date of birth;
   (c) sex;
   (d) nationality and, if any, other nationalities;
   (e) Member State of first intended stay, and if available, the address of first intended stay;
   (f) the applicant’s home address or, if not available, his or her city and country of residence;
   (g) a reference to any hits obtained, including the date and time of the hit. [Am. 77]

5e.  This Article shall not impede the submission of an application for asylum on any grounds. If a visa application is submitted by a victim of violent crime such as domestic violence or trafficking in human beings committed by their sponsor, the file submitted to VIS shall be separated from that of the sponsor in order to protect the victims from further danger. [Am. 78]

___________________

* Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1).

Article 9b

Specific provisions applicable to the queries to other systems for family members of EU citizens or of other third country nationals enjoying the right of free movement under Union law

1.  As regards third country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other, the automated checks in Article 9a(3) shall be carried our out solely for the purpose of checking that there are no factual indications or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a risk to security or high epidemic risk in accordance with Directive 2004/38/EC. [Am. 79]

2.  The VIS shall not verify whether:

   a) the applicant is currently reported as overstayer or whether he or she has been reported as overstayer in the past through consultation of the EES;
   b) the applicant corresponds to a person whose data is recorded in the Eurodac.

3.  Where the automated processing of the application as referred to in Article 9a(3) has reported a hit corresponding to a refusal of entry and stay alert as referred to in Article 24 of Regulation (EC) No 1987/2006 (EU) 2018/1861, the visa authority shall verify the ground for the decision following which this alert was entered in the SIS. If this ground is related to an illegal immigration risk, the alert shall not be taken into consideration for the assessment of the application. The visa authority shall proceed according to Article 25(2) of the SIS II 26(2) of Regulation (EU) 2018/1861. [Am. 80]

Article 9c

Verification by the central authorities and the national single point of contact [Am. 81]

1.  Any hit as referred to in Article 9a(5b) resulting from the queries pursuant to Article 9a(3) which cannot automatically be confirmed by VIS shall be manually verified by the national single point of contact in accordance with Article 9ca. The central authority of the Member State processing the application shall be notified. [Am. 82]

2.  Where Any hit as referred to in Article 9a(5a) resulting from the queries pursuant to Article 9a(3) which cannot automatically be confirmed by VIS shall be manually verified by the central authority. When manually verifying the hits, the central authority shall have access to the application file and any linked application files, as well as to all the hits triggered during the automated processing pursuant to Article 9a(3)(5a). [Am. 83]

3.  The central authority shall verify whether the identity of the applicant recorded in the application file corresponds to the data present in the VIS, or one of the consulted databases.

4.  Where the personal data do not correspond, and no other hit has been reported during the automated processing pursuant to Article 9a(3), the central authority shall erase the false hit from the application file.

5.  Where the data correspond to or where doubts remain concerning the identity of the applicant, in justified cases the central visa authority processing the application shall inform the central authority of the other Member State(s), which were identified as having entered or supplied the data that triggered the hit pursuant to Article 9a(3). Where one or more Member States were identified as having entered or supplied the data that triggered such hit, the central authority shall consult the central authorities of the other Member State(s) using the procedure set out in Article 16(2). The applicant shall have the benefit of any doubt. [Am. 84]

6.  The result of the verifications carried out by the central authorities of the other Member States shall be added to the application file.

7.  By derogation from paragraph 1, where the comparison referred to in Article 9a(5) reports one or more hits, the VIS shall send an automated notification to the central authority of the Member State that launched the query to take any appropriate follow-up action. [Am. 85]

8.  Where Europol is identified as having supplied the data having triggered a hit in accordance with Article 9a(3), the central authority of the responsible Member State shall consult the Europol national unit for follow-up in accordance with Regulation (EU) 2016/794 and in particular its Chapter IV. [Am. 86]

Article 9ca

Verification and assessment by the national single point of contact

1.  Each Member State shall designate a national authority, operational 24 hours a day, 7 days a week, which shall ensure the relevant manual verifications and assessment of hits for the purposes of this Regulation (“the single point of contact”). The single point of contact shall be composed of liaison officers of SIRENE Bureau, Interpol National Central Bureaux, Europol national central point, ETIAS National Unit and all relevant national law enforcement authorities. Member States shall ensure sufficient staffing enabling the single point of contact to verify hits notified to it pursuant to this Regulation and taking into account the deadlines provided for in Article 23 of Regulation (EC) No 810/2009.

2.  The single point of contact shall manually verify the hits referred to it. The procedures set out in Article 9c(2) to (6) shall apply.

3.  Where following the verification referred to in paragraph 2 of this Article the data correspond and a hit is confirmed, the single point of contact shall contact, where necessary, the responsible authorities, including Europol, that provided the data having triggered the hit. It shall then assess the hit. The single point of contact shall provide a reasoned opinion in view of the decision on the application to be taken under Article 23 of Regulation (EC) No 810/2009. This reasoned opinion shall be included in the application file. [Am. 87]

Article 9cb

Manual

The Commission shall adopt a delegated act in accordance with Article 48a to lay down in a manual the relevant data to be compared in the queries of the other systems in accordance with Article 9a(3), and the procedures and rules necessary for these queries, verifications and assessments provided for in Articles 9a to 9ca. This delegated act shall include the combination of data categories for querying each system in accordance with Article 9a. [Am. 88]

Article 9d

Responsibilities of Europol

Europol shall adapt its information system to ensure that automatic processing of the queries referred to in Article 9a(3) and Article 22b(2) is possible."

"

(13)  In Article 13, the following paragraph 4 is added:"

"4. When the application file is updated pursuant to paragraphs 1 and 2, the VIS shall send a notification to the Member State that issued the visa, informing of the reasoned decision to annul or revoke that visa. Such notification shall be generated automatically by the central system and transmitted via the mechanism provided in Article 16."; [Am. 89]

"

(14)  Article 15 is amended as follows:

(a)  in paragraph 2, the following point (ea) is inserted:"

"ea) facial image;";

"

(b)  the following paragraph 2a is inserted:"

“2a. The facial image referred to in point (ea) of paragraph 2 shall not be the only search criterion.”;

"

(15)   In Article 16, paragraphs 2 and 3 are replaced by the following:"

"2. When an application file is created in the VIS regarding a national of a specific third country or belonging to a specific category of such nationals for which prior consultation is requested pursuant to Article 22 of Regulation (EC) No 810/2009, the VIS shall automatically transmit the request for consultation to the Member State or the Member States indicated.

The Member State or the Member States consulted shall transmit their response to the VIS, which shall transmit that response to the Member State which created the application.

Solely for the purpose of carrying out the consultation procedure, the list of Member States requiring that their central authorities be consulted by other Member States' central authorities during the examination of visa applications for uniform visas lodged by nationals of specific third countries or specific categories of such nationals, according to Article 22 of Regulation (EC) No 810/2009, and of the third country nationals concerned, shall be integrated into the VIS." [Am. 90]

3.  The procedure set out in paragraph 2 shall also apply to:

   (a) the transmission of information pursuant to Article 25(4) on the issuing of visas with limited territorial validity, Article 24(2) on data amendments of this Regulation and Article 31 of Regulation (EC) No 810/2009 on ex post notifications; [Am. 91]
   (b) all other messages related to consular cooperation that entail transmission of personal data recorded in the VIS or related to it, to the transmission of requests to the competent visa authority to forward copies of travel documents pursuant to point 7 of Article 9 and other documents supporting the application and to the transmission of electronic copies of those documents, as well as to requests pursuant to Article 9c and Article 38(3). The competent visa authorities shall respond to any such request within two working days."; [Am. 92]

"

(16)  Article 17 is deleted;

(17)  the title of Chapter III is replaced by the following:"

“ACCESS TO SHORT STAY VISA DATA BY OTHER AUTHORITIES”

"

(18)  In Article 18(6) the second subparagraph is replaced by the following:"

"The competent authorities for carrying out checks at borders at which the EES is operated shall verify the fingerprints of the visa holder against the fingerprints recorded in the VIS. For visa holders whose fingerprints cannot be used, the search mentioned under paragraph 1 shall be carried out with the alphanumeric data foreseen under paragraph 1 in combination with the facial image.";

"

(18a)  Article 18a is replaced by the following:"

“Article 18a

Retrieval of VIS data for creating or updating an entry/exit record or a refusal of entry record of a visa holder in the EES

Solely for the purpose of creating or updating an entry/exit record or a refusal of entry record of a visa holder in the EES in accordance with Article14(2) and Articles 16 and 18 of Regulation (EU) 2017/2226, the competent authority for carrying out checks at borders at which the EES is operated shall be given access to retrieve from the VIS and import into the EES the data stored in the VIS and listed in point (d) of Article 16(1) and points (c) to (f) of Article 16(2) of that Regulation.” [Am. 93]

"

(19)  the following Article 20a is inserted:"

"Article 20a

Use of VIS data for the purpose of entering SIS alerts on missing persons or vulnerable persons who need to be prevented from travelling and the subsequent access to those data [Am. 94]

1.  Fingerprint data and facial images stored in the VIS may be used for the purpose of entering an alert on missing persons, children at risk of abduction or vulnerable persons who need to be prevented from travelling in accordance with Article 32(2) of Regulation (EU) … of the European Parliament and of the Council* [Regulation (EU) on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters]. In those cases, the exchange of fingerprint data and facial images shall take place via secured means to the SIRENE bureau of the Member State owning the data. [Am. 95]

2.  Where there is a hit against a SIS alert through the use of fingerprint data and facial images stored in VIS as referred to in paragraph 1, child protection authorities and national judicial authorities, including those responsible for the initiation of public prosecutions in criminal proceedings and for judicial inquiries prior to charge and their coordinating authorities, as referred to in Article 43 44 of Regulation (EU) … [COM(2016)0883 – SIS LE (police cooperation)], may request from an authority with access to VIS, in the performance of their tasks, access to the data entered in VIS. The conditions provided for in Union and national legislation shall apply. Member States shall ensure that the data are transmitted in a secure manner. [Am. 96]

__________

* Regulation (EU) .. of the European Parliament and of the Council of … (OJ L .., p. …).";

"

(20)   in Article 22, paragraph paragraphs 1 and 2 is are replaced by the following:"

"1. For the sole purpose of examining an application for asylum, the competent asylum authorities shall have access in accordance with Article 21 of Regulation (EC) No 343/2003 to search with the fingerprints of the asylum seeker. Where the fingerprints of the asylum seeker cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in Article 9(4)(a) and/or (b) to (cc); this search may be carried out in combination with the data referred to in Article 9(4)(aa). [Am. 97]

2.  If the search with the data listed in paragraph 1 indicates that data on the applicant for international protection is recorded in the VIS, the competent asylum authority shall have access to consult the following data of the applicant and of any linked application files of the applicant pursuant to Article 8(3), for the sole purpose referred to in paragraph 1:

   (a) the application number;
   (b) the data taken from the application form(s), referred to in points (4), (5) and (7) of Article 9;
   (c) photographs facial images; [Am. 98]
   (d) the data entered in respect of any visa issued, annulled, revoked, or whose validity is extended, referred to in Articles 10, 13 and 14;
   (e) the data referred to in points point (4) and (5) of Article 9 of the linked application files pursuant to Article 8(4)."; [Am. 99]

"

(21)  Article 23 is replaced by the following:"

"Article 23

Retention period for data storage

1.  Each application file shall be stored in the VIS for a maximum of five years, without prejudice to the deletion referred to in Articles 24 and 25 and to the keeping of records referred to in Article 34. [Am. 100]

That period shall start:

   (a) on the expiry date of the visa, the long-stay visa or the residence permit, if a visa, a long-stay visa or a residence permit has been issued;
   (b) on the new expiry date of the visa, or the long-stay visa or the residence permit, if a visa, or a long-stay visa or a residence permit has been extended; [Am. 101]
   (c) on the date of the creation of the application file in the VIS, if the application has been withdrawn, closed or discontinued;
   (d) on the date of the decision of the responsible authority if a visa, a long-stay visa or a residence permit has been refused, annulled, shortened, withdrawn or revoked, as applicable.

2.  Upon expiry of the period referred to in paragraph 1, the VIS shall automatically erase the file and the link(s) to this file as referred to in Article 8(3) and (4) and Article 22a 22a(3) and (5)."; [Am. 102]

2a.  By way of derogation from paragraph 1:

   (a) application files pertaining to a residence permit shall be deleted after a maximum period of 10 years;
   (b) application files pertaining to children below the age of 12 shall be deleted upon the child exiting the Schengen area. [Am. 103]

2b.  By way of derogation from paragraph 1, for the purpose of facilitating a new application the application file referred therein may be stored for an additional period of no more than three years from the end of the validity period of the long-stay visa or residence permit and only where, following a request for consent, the applicant freely and explicitly consents by means of a signed declaration. Requests for consent shall be presented in a manner which is clearly distinguishable from other matters, in an intelligible and easily accessible form and using clear and plain language, in accordance with Article 7 of Regulation (EU) 2016/679. The applicant may withdraw his or her consent at any time, in accordance with Article 7(3) of Regulation (EU) 2016/679. If the applicant withdraws consent, the application file shall automatically be erased from VIS.

eu-LISA shall develop a tool to enable applicants to give and withdraw their consent.

The Commission shall adopt delegated acts in accordance with Article 48a to further define the tool to be used by the applicants to give and withdraw their consent.”; [Am. 104]

"

(22)  in Article 24, paragraph paragraphs 2 and 3 is are replaced by the following:"

"2. If a Member State has evidence to suggest that data processed in the VIS are inaccurate or that data were processed in the VIS contrary to this Regulation, it shall inform the Member State responsible immediately. Such message shall be transmitted in accordance with the procedure in Article 16(3).

Where the inaccurate data refers to links created pursuant to Article 8(3) or (4), and Article 22a(3), the responsible Member State shall make the necessary verifications and provide an answer within 48 hours, and, as the case may be, rectify the link. If no answer is provided within the set timeframe, the requesting Member State shall rectify the link and notify the responsible Member State of the rectification made via VISMail.

3.  The Member State responsible shall, as soon as possible, check the data concerned and, if necessary, correct or delete them immediately."; [Am. 105]

"

(23)  Article 25 is amended as follows:

(a)  paragraph 1 is replaced by the following:"

"1. Where, before expiry of the period referred to in Article 23(1), an applicant has acquired the nationality of a Member State, the application files, the files and the links referred to in Article 8(3) and (4), and in Article 22a(3) relating to him or her shall be erased without delay from the VIS by the Member State which created the respective application file(s) and links.”; [Am. 106]

"

(b)  in paragraph 2, the words "infrastructure of the VIS" are replaced by "the VISMail".

(23a)  Article 26 is amended as follows:

(a)  paragraphs 1 and 2 are replaced by the following:"

“1. eu-LISA shall be responsible for the operational management of VIS and its components as set out in Article 2a. It shall ensure, in cooperation with the Member States, that at all times the best available technology, subject to a cost-benefit analysis, is used for those components. [Am. 107]

2.   Operational management of VIS shall consist of all the tasks necessary to keep VIS functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary to ensure that VIS functions at a satisfactory level of operational quality, in particular as regards the response time for queries of the VIS Central System by consular posts and border authorities. Such response times shall be as short as possible.”; [Am. 108]

"

(b)  paragraphs 3 to 8 are deleted; [Am. 109]

(24)  in Article 26, the following paragraph 8a is inserted:"

"8a. Eu-LISA shall be permitted to use anonymised real personal data of the VIS production system for testing purposes in the following circumstances:

   (a) for diagnostics and repair when faults are discovered with the Central System;
   (b) for testing new technologies and techniques relevant to enhance the performance of the Central System or transmission of data to it.

In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the VIS production system. Real personal data adopted for testing shall be rendered anonymous in such a way that the data-subject is no longer identifiable."; [Am. 110]

   (c) the following paragraphs are added:

“9a. Where eu-LISA cooperates with external contractors in any VIS-related tasks, it shall closely monitor the activities of the contractor to ensure compliance with this Regulation, in particular on security, confidentiality and data protection.

9b.  The operational management of the VIS Central System shall not been trusted to private companies or private organisations.”; [Am. 111]

"

(25)  Article 27 is replaced by the following:"

"Article 27

Location of the central Visa Information System

The principal central VIS, which performs technical supervision and administration functions, shall be located in Strasbourg (France) and a back-up central VIS, capable of ensuring all functionalities of the principal central VIS, shall be located in Sankt Johann im Pongau (Austria).

Both sites may be used simultaneously for active eu-LISA shall implement technical solutions to ensure the uninterrupted availability of VIS either through the simultaneous operation of the VIS Central System and the backup VIS Central System, provided that the second site backup VIS Central System remains capable of ensuring its the operation in case of VIS in the event of a failure of VIS Central System, or through duplication of the system or its components."; [Am. 112]

"

(26)  Article 29 is amended as follows:

(a)  the title is replaced by the following:"

"Responsibility for the use and quality of data";

"

(b)  in paragraph 1, is amended as follows:

(i)  point (c) is replaced by the following:"

"(c) the data are accurate, up-to-date and of an adequate level of quality and completeness when they are transmitted to the VIS.";

"

(ii)  the following subparagraph is added:"

“For this purpose, Member States shall ensure that consular staff and the staff of any external service provider with which they are cooperating as referred to in Article 43 of Regulation (EC) No 810/2009 receive regular training on data quality.”; [Am. 113]

"

(c)  in point (a) of paragraph 2, the word "VIS" is replaced by the words "VIS or the CIR" in both instances where it appears;

(d)  the following paragraph 2a is paragraphs are inserted:"

"2a. The management authority eu-LISA together with the Commission shall develop, and maintain and continuously upgrade automated data quality control mechanisms and procedures for carrying out quality checks on the data in VIS and shall provide regular reports to the Member States. The management authority eu-LISA shall ensure adequate levels of professionally trained staff to implement the technical innovations and upgrades required to operate the data quality control mechanisms. eu-LISA shall provide a regular report to the Member states and Commission on the data quality controls. The Commission shall provide the European Parliament and the Council with a regular report on data quality issues that are encountered and how they were addressed. [Am. 114]

This mechanism, procedures and the interpretation of data quality compliance shall be established by means of implementing measures in accordance with the procedure referred to in Article 49(2).

2b.  The Commission shall present a report to the European Parliament and to the Council on the feasibility, availability, readiness and reliability of the required technology to use facial images to identify a person."; [Am. 115]

"

(da)  the following paragraph is added:"

“3a. In relation to the processing of personal data in VIS, each Member State shall designate the authority which is to be considered as controller in accordance with point (7) of Article 4 of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of data by that Member State. Each Member State shall notify the Commission of the designation.”; [Am. 116]

"

(27)  the following Article 29a is inserted:"

“Article 29a

Specific rules for entering data

1.  Entering data referred to in Articles 9, 22c and 22d into the VIS shall be subject to the following preliminary conditions:

   (a) data pursuant to Articles 9, 22c and 22d and Article 6(4) may only be sent entered to the VIS following a quality check performed by the responsible national authorities; [Am. 117]
   (b) data pursuant to Articles 9, 22c and 22d and Article 6(4) will be processed by the VIS, following a quality check performed by the VIS pursuant to paragraph 2.

2.  Quality checks shall be performed by VIS, as follows:

   (a) when creating application files or files of third country nationals in VIS, quality checks shall be performed on the data referred to in Articles 9, 22c and 22d ; should these checks fail to meet the established quality criteria, the responsible authority(ies) shall be automatically notified by the VIS;
   (b) the automated procedures pursuant to Article 9(a)(3) 9a(3) and 22b(2) may be triggered by the VIS only following a quality check performed by the VIS pursuant to this Article; should these checks fail to meet the established quality criteria, the responsible authority(ies) shall be automatically notified by the VIS; [Am. 118]
   (c) quality checks on facial images and dactylographic data shall be performed when creating application files of third country nationals in VIS, to ascertain the fulfilment of minimum data quality standards allowing for biometric matching; [Am. 119]
   (d) quality checks on the data pursuant to Article 6(4) shall be performed when storing information on the national designated authorities in the VIS.

3.  Quality standards shall be established for the storage of the data referred to in paragraph 1 and 2 of this Article. The specification of these standards shall be laid down in implementing acts. Those implementing acts shall be adopted i in accordance with the examination procedure referred to in Article 49(2).”; [Am. 120]

"

(28)  in Article 31, paragraphs 1 and 2 are replaced by the following: "

“1. Without prejudice to Regulation (EU) 2016/679, the data referred to in Article 9(4)(a), (b), (c), (k) and (m); 9(6) and 9(7) may be transferred or made available to a third country or to an international organisation listed in the Annex,  only if necessary in individual cases for the purpose of proving the identity of third-country nationals, and only for the purpose of return in accordance with Directive 2008/115/EC or of resettlement in accordance with the Regulation …[Resettlement Framework Regulation], and provided that the Member State which entered the data in the VIS has given its approval."; [Am. 121]

"

(28a)  Article 31 is amended as follows:

(a)  paragraphs 2 and 3 are replaced by the following:"

“2. By way of derogation from paragraph 1 of this Article, the data referred to in Article 9(4)(a), (aa), (b), (c), (cc), (k) and (m), (6) and (7) may be transferred by border authorities or immigration authorities to a third country or to an international organisation listed in the Annex to this Regulation in individual cases, if necessary in order to prove the identity of third-country nationals for the sole purpose of return, only where one of the following conditions is satisfied:

   (a) the Commission has adopted a decision on the adequate protection of personal data in that third country in accordance with Article 45(3) of Regulation (EU) 2016/679;
   (b) appropriate safeguards as referred to in Article 46 of Regulation (EU) 2016/679 have been provided, such as through a readmission agreement which is in force between the Union or a Member State and the third country in question; or
   (c) point (d) of Article 49(1) of Regulation (EU) 2016/679, applies. [Am. 122]

3.  The data referred to in Article 9(4)(a), (b), (c), (k) and (m), (6) and (7) may be transferred in accordance with paragraph 2 of this Article only where all of the following conditions are satisfied:

   (a) the transfer of the data is carried out in accordance with the relevant provisions of Union law, in particular provisions on data protection, including Chapter V of Regulation (EU) 2016/679, and readmission agreements, and the national law of the Member State transferring the data;
   (b) the Member State which entered the data in the VIS has given its approval;
   (c) the third country or international organisation has agreed to process the data only for the purposes for which they were provided; and
   (d) a return decision adopted pursuant to Directive 2008/115/EC has been issued in relation to the third-country national concerned, provided that the enforcement of such a return decision is not suspended and provided that no appeal has been lodged which may lead to the suspension of its enforcement.”; [Am. 123]

"

(b)  the following paragraphs are added:"

“3a. Transfers of personal data to third countries or to international organisations pursuant to paragraph 2 shall not prejudice the rights of applicants for and beneficiaries of international protection, in particular as regards non-refoulement.

3b.  Personal data obtained from the VIS by a Member State or by Europol for law enforcement purposes shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. The prohibition shall also apply where those data are further processed at national level or between Member States pursuant to Directive (EU) 2016/680.”; [Am. 124]

"

(28b)  in Article 32, paragraph 2 is amended as follows:

(a)   the following point is inserted:"

“(ea) prevent the use of automated data-processing systems by unauthorised persons using data communication equipment;”; [Am. 125]

"

(b)  the following points are inserted:"

“(ja) ensure that, in the event of an interruption, installed systems can be restored to normal operation;

   (jb) ensure reliability by making sure that any faults in the functioning of VIS are properly reported and that the necessary technical measures are put in place to ensure that personal data can be restored in the event of corruption due to a malfunctioning of VIS;”; [Am. 126]

"

(28c)  the following Article is inserted:"

“Article 32a

Security incidents

1.   Any event that has or may have an impact on the security of VIS or may cause damage or loss to VIS data shall be considered to be a security incident, especially where unlawful access to data may have occurred or where the availability, integrity and confidentiality of data has or may have been compromised.

2.   Security incidents shall be managed in a way as to ensure a quick, effective and proper response.

3.   Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679 or to Article 30 of Directive (EU) 2016/680, Member States, Europol and the European Border and Coast Guard Agency shall notify the Commission, eu-LISA, the competent supervisory authority and the European Data Protection Supervisor without delay of security incidents. eu-LISA shall notify the Commission and the European Data Protection Supervisor without delay of any security incident concerning the VIS Central System.

4.   Information regarding a security incident that has or may have an impact on the operation of VIS in a Member State or, within eu-LISA, on the availability, integrity and confidentiality of the data entered or sent by other Member States, shall be provided to all Member States without delay and reported in compliance with the incident management plan provided by eu-LISA.

5.   The Member States and eu-LISA shall collaborate in the event of a security incident.

6.   The Commission shall report serious incidents to the European Parliament and to the Council immediately. These reports shall be classified as EU RESTRICTED/RESTREINT UE in accordance with applicable security rules.

7.   Where a security incident is caused by the misuse of data, Member States, Europol and the European Border and Coast Guard Agency shall ensure that penalties are imposed in accordance with Article 36.”; [Am. 127]

"

(28d)  Article 33 is replaced by the following:"

“Article 33

Liability

1.  Without prejudice to the right to compensation from, and liability of the controller or processor under Regulation (EU) 2016/679, Directive (EU) 2016/680 and Regulation (EU) 2018/1726:

   (a) any person or Member State that has suffered material damage as a result of an unlawful personal data processing operation or any other act incompatible with this Regulation by a Member State shall be entitled to receive compensation from that Member State;
   (b) any person or Member State that has suffered material or non-material damage as a result of any act by Europol, the European Border and Coast Guard Agency or eu-LISA incompatible with this Regulation shall be entitled to receive compensation from the agency in question.

The Member State concerned, Europol, the European Border and Coast Guard Agency or eu-LISA shall be exempted from their liability under the first subparagraph, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage.

2.  If any failure of a Member State to comply with its obligations under this Regulation causes damage to the VIS Central System, that Member State shall be held liable for such damage, unless and insofar as eu-LISA or another Member State participating in the VIS Central System failed to take reasonable measures to prevent the damage from occurring or to minimise its impact.

3.  Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the national law of that Member State. Claims for compensation against the controller, Europol, the European Border and Coast Guard Agency or eu-LISA for the damage referred to in paragraphs 1 and 2 shall be subject to the conditions provided for in the Treaties.”; [Am. 128]

"

(29)  Article 34 is replaced by the following:"

"Article 34

Keeping of logs

1.  Each Member State, the European Border and Coast Guard Agency and the Management Authority eu-LISA shall keep logs of all data processing operations within the VIS. These logs shall show the purpose of access referred to in Article 6(1), Article 20a(1), Article 22k(1) and Articles 15 to 22 and 22g to 22j, the date and time, the type of data transmitted as referred to in Articles 9 to 14 and 22c to 22f, the type of data used for interrogation as referred to in Article 15(2), Article 18, Article 19(1), Article 20(1), Article 21(1), Article 22(1), Article 22g, Article 22h, Article 22i, Article 22j, Article 45a, and Article 45d and the name of the authority entering or retrieving the data. In addition, each Member State shall keep logs of the staff duly authorised to enter or retrieve the data. [Am. 129]

2.  For the operations listed in Article 45b a log of each data processing operation carried out within the VIS and the EES shall be kept in accordance with this that Article and Article 41 46 of the Regulation (EU) 2017/2226 establishing an Entry/Exit System (EES). For the operations listed in Article 17a, a record of each data processing operation carried out in VIS and the EES shall be kept in accordance with this Article and Article 46 of Regulation (EU) 2017/2226. [Am. 130]

3.  Such logs may be used only for the data-protection monitoring of the admissibility of data processing as well as to ensure data security. The logs shall be protected by appropriate measures against unauthorised access and deleted after a period of one year after the retention period referred to in Article 23(1) has expired, if they are not required for monitoring procedures which have already begun.";

"

(29a)  Article 35 is replaced by the following:"

“Article 35

Self-monitoring

Member States shall ensure that each authority entitled to access VIS data takes the measures necessary to comply with this Regulation and cooperates with the National Supervisory Authority.”; [Am. 131]

"

(29b)  Article 36 is replaced by the following:"

“Article 36

Penalties

Member States shall take the necessary measures to ensure that any misuse or processing of data entered in VIS contrary to this Regulation is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective, proportionate and dissuasive.”; [Am. 132]

"

(30)  Article 37 is amended as follows:

(a)  in paragraph 1, is amended as follows:

(i)  the introductory sentence 1 is replaced by the following:"

1. Without prejudice to the right to information referred to in Articles 15 and 16 of Regulation(EU) 2018/1725, Articles 13 and 14 of Regulation(EU) 2016/679, and Article 13 of Directive (EU) 2016/680, third country nationals and the persons referred to in Articles 9(4)(f), 22c(2)(e) or 22d(e) shall be informed of the following by the Member State responsible:”; [Am. 133]

"

(ii)  point (f) is replaced by the following:"

“(f) the existence of the right of access to data relating to them, and the right to request that inaccurate data relating to them be corrected or that unlawfully processed data relating to them be deleted, including the right to receive information on the procedures for exercising those rights and about the contact details of the European Data Protection Supervisor and of the national supervisory authority of the Member State responsible for the collection of the data referred to in Article 41(1), which shall hear claims concerning the protection of personal data;”; [Am. 134]

"

(iii)  the following point is added:"

“(fa) the fact that VIS may be accessed by the Member States and Europol for law enforcement purposes.”; [Am. 135]

"

(b)  paragraph 2 is replaced by the following:"

"2. The information referred to in paragraph 1 shall be provided clearly, concisely and accurately in writing to the third country national when the data, the photograph facial image and the fingerprint data as referred to in points (4), (5) and (6) of Article 9, Article 22c(2) and Article 22d (a) to (g) are collected, and where necessary, orally, in a language and manner that the data subject understands or is reasonably presumed to understand. Children must be informed in an age-appropriate manner, using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting procedure."; [Am. 136]

"

(c)  in paragraph 3, the second subparagraph is replaced by the following:"

“In the absence of such a form signed by those persons this information shall be provided in accordance with Article 14 of Regulation (EU) 2016/679.”;

"

(31)  in Article 38, paragraph 3 is replaced by the following: "

"3. If the request as provided for in paragraph 2 is made to a Member State other than the Member State responsible, the authorities of the Member State with which the request was lodged shall contact the authorities of the Member State responsible within a period of seven days. The Member State responsible shall check the accuracy of the data and the lawfulness of their processing in the VIS within a period of one month."; [Am. 137]

"

(31a)  Article 38 is replaced by the following:"

“Article 38

Right of access to, of rectification, of completion, of erasure of personal data and of restriction of processing

1.   Without prejudice to the right to information under Articles 15 and 16 of Regulation (EU) 2018/1725, applicants or holders of long-stay visa or residence permits whose data are stored in VIS shall be informed, at the time their data are collected, of the procedures for exercising the rights under Articles 17 to 20 of Regulation (EU) 2018/1725 and Articles 15 to 18 of Regulation (EU) 2016/679. They shall be provided with the contact details of the European Data Protection Supervisor at the same time.

2.   In order to exercise their rights under Articles 17 to 20 of Regulation (EU) 2018/1725 and Articles 15 to 18 of Regulation (EU) 2016/679, the persons referred to in paragraph 1 shall have the right to address themselves to the Member State which entered their data into VIS. The Member State that receives the request shall examine and reply to it as soon as possible, and at the latest within 30 days. Where in response to a request, it is found that the data stored in VIS are factually inaccurate or have been recorded unlawfully, the Member State responsible shall rectify or erase those data in VIS without delay and at the latest within 30 days of receipt of the request in line with Article 12(3) and (4) of Regulation (EU) 2016/679. If the request is made to a Member State other than the Member State responsible, the authorities of the Member State with which the request was lodged shall contact the authorities of the Member State responsible within a period of seven days. The Member State responsible shall check the accuracy of the data and the lawfulness of their processing in VIS within a period of one month. The persons concerned shall be informed by Member State which contacted the authority of the Member State responsible that his or her request was forwarded, to whom and about the further procedure.

3.   Where the Member State responsible does not agree with the claim that data stored in VIS are factually inaccurate or have been recorded unlawfully, it shall adopt without delay an administrative decision explaining in writing to the person concerned why it is not prepared to rectify or erase data relating to him or her.

4.   That decision shall also provide the person concerned with information explaining the possibility to challenge the decision taken in respect of the request referred to in paragraph 2 and, where relevant, information on how to bring an action or a complaint before the competent authorities or courts and any assistance available to the person, including from the competent national supervisory authorities.

5.  Any request made pursuant to paragraph 2 shall contain the necessary information to identify the person concerned. That information shall be used exclusively to enable the exercise of the rights referred to in paragraph 2.

6.  The Member State responsible shall keep a record in the form of a written document that a request referred to in paragraph 2 was made and how it was addressed. It shall make that document available to the competent national data protection supervisory authorities without delay, and not later than seven days following the decision to rectify or erase data referred to in the second subparagraph of paragraph 2 or following the decision referred to in paragraph 3 respectively.”; [Am. 138]

"

(31b)  Article 39 is replaced by the following:"

“Article 39

Cooperation to ensure the rights on data protection

1.  The competent authorities of the Member States shall cooperate actively to enforce the rights laid down in Article 38.

2.  In each Member State, the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 shall, upon request, assist and advise the data subject in exercising his or her right to rectify, complete or erase personal data relating to him or her or to restrict the processing of such data in accordance with Regulation (EU) 2016/679.

In order to achieve the aims referred to in the first subparagraph, the supervisory authority of the Member State responsible which transmitted the data and the supervisory authority of the Member State to which the request has been made shall cooperate with each other.”; [Am. 139]

"

(31c)  Article 40 is replaced by the following:"

“Article 40

Remedies

1.  Without prejudice to Articles 77 and 79 of Regulation (EU) 2016/679, in each Member State any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to, or right of rectification, completion or erasure of data relating to him or her provided for in Article 38 of this Regulation. The right to bring such an action or complaint shall also apply in cases where requests for access, rectification, completion or erasure were not responded to within the deadlines provided for in Article 38 or were never dealt with by the data controller.

2.  The assistance of the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 shall remain available throughout the proceedings.”; [Am. 140]

"

(31d)  Article 41 is replaced by the following:"

“Article 41

Supervision by the National Supervisory Authority

1.  Each Member State shall ensure that the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 independently monitors the lawfulness of the processing of personal data pursuant to this Regulation by the Member State concerned.

2.  The supervisory authority or authorities referred to in Article 51(1) of Regulation (EU) 2016/679 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every three years. The results of the audit may be taken into account in the evaluations conducted under the mechanism established by Council Regulation (EU) No 1053/2013. The supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 shall publish annually the number of requests for rectification, completion or erasure, or restriction of processing of data, the action subsequently taken and the number of rectifications, completions, erasures and restrictions of processing made in response to requests by the persons concerned.

3.  Member States shall ensure that their supervisory authority has sufficient resources to fulfil the tasks entrusted to it under this Regulation and has access to advice from persons with sufficient knowledge of biometric data.

4.  Member States shall supply any information requested by the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 and shall, in particular, provide it with information on the activities carried out in accordance with its responsibilities as laid down in this Regulation. Member States shall grant the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 access to their logs and allow it access at all times to all their interoperability related premises.”; [Am. 141]

"

(31e)  Article 42 is replaced by the following:"

“Article 42

Supervision by the European Data Protection Supervisor

1.  The European Data Protection Supervisor shall be responsible for monitoring the personal data processing activities of eu-LISA, Europol and the European Border and Coast Guard Agency under this Regulation and for ensuring that such activities are carried out in accordance with Regulation (EU) 2018/1725 and with this Regulation.

2.  The European Data Protection Supervisor shall ensure that an audit of eu-LISA’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every three years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the Member States. eu-LISA shall be given an opportunity to make comments before the reports are adopted.

3.  eu-LISA shall supply information requested by the European Data Protection Supervisor, give the European Data Protection Supervisor access to all documents and to its logs referred to in Articles 22r, 34 and 45b and allow the European Data Protection Supervisor access to all its premises at any time.”; [Am. 142]

"

(32)  in Article 43, paragraphs 1 and 2 are replaced by the following: "

“1. The European Data Protection Supervisor shall act in close cooperation with national supervisory authorities with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between practices of Member States or finds potentially unlawful transfers using the communication channels of the interoperability components, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulation.

2.  In the cases referred to in paragraph 1, coordinated supervision shall be ensured in accordance with Article 62 of Regulation (EU) XXXX/2018 [revised Regulation (EC) No 45/2001].”; [Am. 143]

"

(32a)  Article 43 is replaced by the following:"

“Article 43

Cooperation between National Supervisory Authorities and the European Data Protection Supervisor

1.  The supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, cooperate actively within the framework of their respective responsibilities to ensure coordinated supervision of the interoperability components and the other provisions of this Regulation.

2.  The European Data Protection Supervisor and the supervisory authorities shall exchange relevant information, assist each other in carrying out audits and inspections, examine any difficulties concerning the interpretation or application of this Regulation, assess problems in the exercise of independent supervision or in the exercise of the rights of the data subject, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary.

3.  For the purpose of paragraph 2, the supervisory authorities and the European Data Protection Supervisor shall meet at least twice a year within the framework of the European Data Protection Board. The costs of those meetings shall be borne by and their organisation shall be undertaken by the European Data Protection Board. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary.

4.  A joint report of activities shall be sent by the European Data Protection Board to the European Parliament, to the Council, to the Commission, to Europol, to the European Border and Coast Guard Agency and to eu-LISA every two years. That report shall include a chapter on each Member State prepared by the supervisory authority of that Member State.”; [Am. 144]

"

(32b)  Article 44 is deleted; [Am. 145]

(33)  in Article 45, the following paragraph 3 is paragraphs are added:"

“2a. The measures necessary for the development of the VIS Central System, the national interface in each Member State, and the communication infrastructure between the VIS Central System and the national interfaces concerning the following matters shall be adopted in accordance with the procedure referred to in Article 49(2):

   (a) the design of the physical architecture of the system including its communication network;
   (b) technical aspects which have a bearing on the protection of personal data;
   (c) technical aspects which have serious financial implications for the budgets of the Member States or which have serious technical implications for the national systems of the Member States;
   (d) the development of security requirements, including biometric aspects. [Am. 146]

"3. The technical specifications for the quality, resolution and use of fingerprints and of the facial image for biometric verification and identification in the VIS shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).";

"

(34)  the following Article 45a is inserted:"

"Article 45a

Use of data for reporting and statistics

1.  The duly authorised staff of the competent authorities of Member States, the Commission, eu-LISA and the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing for individual identification as a result of the data being completely anonymous: [Am. 147]

   (a) status information;
   (b) the competent authority, including its location;
   (c) sex, date year of birth and current nationality of the applicant; [Am. 148]
   (d) Member State of first entry, only as regards short stay visas;
   (e) date and place of the application and the decision concerning the application (issued or refused);
   (f) the type of document issued, i.e. whether ATV, uniform or LTV, long stay visa or residence permit;
   (g) the type of the travel document and the three letter code of the issuing country, only as regards short stay visas;
   (h) the grounds indicated for any decision concerning the document or the application, only as regards to refuse a short stay visas; as regards long stay visas and residence permits, the decision concerning the application (whether to issue or to refuse the application and on which ground) visa, including the reference to any hits against Union information systems that are consulted, against Europol or Interpol data, against the watchlist referred to in Article 29 of Regulation (EU) 2018/1240 or against the specific risk indicators; [Am. 149]
   (ha) the grounds indicated for any decision to refuse a document, including the reference to any hits against Union information systems that are consulted, against Europol or Interpol data, against the watchlist referred to in Article 34 of Regulation (EU) 2018/1240 or against the specific risk indicators; [Am. 150]
   (i) the competent authority, including its location, which refused the application and the date of the refusal, only as regards short stay visas;
   (j) the cases in which the same applicant applied for a short stay visa from more than one visa authority, indicating these visa authorities, their location and the dates of refusals, only as regards short stay visas;
   (k) As regards short stay visa, main purpose(s) of the journey; as regards long stay visas and residence permit, the purpose of the application; [Am. 151]
   (l) the data entered in respect of any visa document withdrawn, annulled, revoked or whose validity is extended, as applicable; [Am. 152]
   (m) where applicable, the expiry date of the long stay visa or residence permit;
   (n) the number of persons exempt from the requirement to give fingerprints pursuant to Article 13(7) of Regulation (EC) No 810/2009.
   (o) the cases in which the data referred to in point (6) of Article 9 could factually not be provided, in accordance with the second sentence of Article 8(5);
   (p) the cases in which the data referred to in point (6) of Article 9 was not required to be provided for legal reasons, in accordance with the second sentence of Article 8(5);
   (q) the cases in which a person who could factually not provide the data referred to in point (6) of Article 9 was refused a visa, in accordance with the second sentence of Article 8(5).

The duly authorised staff of the European Border and Coast Guard Agency shall have access to consult the data referred to in the first subparagraph for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/1624.

2.  For the purpose of paragraph 1 of this Article, eu‑LISA shall store the data referred to in that paragraph in the central repository for reporting and statistics referred to in [Article 39 of the Regulation 2018/XX [on interoperability (borders and visas)]

3.  The procedures put in place by eu-LISA to monitor the functioning of the VIS referred to in Article 50(1) shall include the possibility to produce regular statistics for ensuring that monitoring.

4.  Every quarter, eu-LISA shall compile statistics based on the VIS data on short stay visas showing, for each location where a visa was lodged, in particular:

   (a) total of airport transit visas applied for, including for multiple airport transit visas;
   (b) total of visas issued, including multiple A visas;
   (c) total of multiple visas issued;
   (d) total of visas not issued, including multiple A visas;
   (e) total of uniform visas applied for, including multiple-entry uniform visas;
   (f) total of visas issued, including multiple-entry visas;
   (g) total of multiple-entry visas issued, devided by length of validity (below 6 months, 1 year, 2 years, 3 years, 4 years, 5 years),
   (h) total of uniform visas not issued, including multiple-entry visas;
   (i) total of visas with limited territorial validity issued.

The daily statistics shall be stored in the central repository for reporting and statistics.

5.  Every quarter, eu-LISA shall compile statistics based on the VIS data on long-stay visas and residence permits showing, for each location, in particular:

   (a) total of long-stay visas applied for, issued, refused, extended and withdrawn;
   (b) total of residence permits applied for, issued, refused, extended and withdrawn.

6.  At the end of each year, statistical data shall be compiled in the form of quarterly statistics an annual report for that year. The statistics shall contain a breakdown of data for each Member State. The report shall be published and transmitted to the European Parliament, to the Council, to the Commission, to the European Border and Coast Guard Agency, to the European Data Protection Supervisor and to the national supervisory authorities. [Am. 153]

7.  At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the implementation of the common visa policy or of the migration policy, including on aspects pursuant to the application of Regulation (EU) No 1053/2013.";

"

(35)  the following Articles 45b, 45c, 45d and 45e are inserted:"

"Article 45b

Access to data for verification by carriers

1.  In order to fulfil their obligation under point (b) of Article 26(1) of the Convention implementing the Schengen Agreement, air carriers, sea carriers and international carriers transporting groups overland by coach shall send a query to the VIS in order to verify whether or not third country nationals holding a short-stay visa, a long stay visa or a residence permit are in possession of a valid short stay visa, long stay visa or residence permit, as applicable. For this purpose, as regards short stay visas In cases where passengers are not allowed to board due to a query in VIS, carriers shall provide the data listed under points (a), (b) and (c) of Article 9(4) of this Regulation or under points (a), (b) and (c) of Article 22c, as applicable passengers with that information and the means to exercise their rights to access, rectification and erasure of personal data stored in VIS. [Am. 154]

2.  For the purpose of implementing paragraph 1 or for the purpose of resolving any potential dispute arising from its application, eu-LISA shall keep logs of all data processing operations carried out within the carrier gateway by carriers. Those logs shall show the date and time of each operation, the data used for interrogation, the data transmitted by the carrier gateway and the name of the carrier in question.

Logs shall be stored for a period of two years. Logs shall be protected by appropriate measures against unauthorised access.

3.  Secure access to the carrier gateway referred to in Article 1(2) (h) of Decision 2004/512/EC as amended by this Regulation 2a(h), including the possibility to use mobile technical solutions, shall allow carriers to proceed with the query consultation referred to in paragraph 1 prior to the boarding of a passenger. For this purpose, The carrier shall send the query to be permitted to consult the VIS using provide the data contained in the machine readable machine-readable zone of the travel document and indicate the Member State of entry. By way of derogation, in the case of airport transit, the carrier shall not be obliged to verify whether the third-country national is in possession of a valid short-stay visa, long-stay visa or residence permit, as applicable. [Am. 155]

4.  The VIS shall respond by indicating whether or not the person has a valid visa short-stay visa, long-stay visa or residence permit, as applicable, providing the carriers with an OK/NOT OK answer. If a short-stay visa has been issued with limited territorial validity in accordance with Article 25 of Regulation (EC) No 810/2009, the response provided by VIS shall take into account the Member State(s) for which the visa is valid as well as the Member State of entry indicated by the carrier. Carriers may store the information sent and the answer received in accordance with the applicable law. The OK/NOT OK answer shall not be regarded as a decision to authorise or refuse entry in accordance with Regulation (EU) 2016/399. The Commission shall, by means of implementing acts, adopt detailed rules concerning the conditions for the operation of the carrier gateway and the data protection and security rules applicable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2). [Am. 156]

5.  An authentication scheme, reserved exclusively for carriers, shall be set up in order to allow access to the carrier gateway for the purposes of paragraph 2 to the duly authorised members of the carriers' staff. When setting up the authentication scheme, information security risk management and the principles of data protection by design and by default shall be taken into account. The authentication scheme shall be adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 49(2). [Am. 157]

5a.  The carrier gateway shall make use of a separate read-only database updated on a daily basis via a one-way extraction of the minimum necessary subset of data stored in VIS. eu-LISA shall be responsible for the security of the carrier gateway, for the security of the personal data it contains and for the process of extracting the personal data into the separate read-only database. [Am. 158]

5b.  The carriers referred to in paragraph 1 of this Article shall be subject to the penalties provided for in accordance with Article 26(2) of the Convention Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (‘the Convention implementing the Schengen Agreement’) and Article 4 of Council Directive 2001/51/EC when they transport third-country nationals who, although subject to the visa requirement, are not in possession of a valid visa. [Am. 159]

5c.  If third-country nationals are refused entry, any carrier which brought them to the external borders by air, sea and land shall be obliged to immediately assume responsibility for them again. At the request of the border authorities, the carriers shall be obliged to return the third-country nationals to one of either the third country from which they were transported, the third country which issued the travel document on which they travelled, or any other third country to which they are certain to be admitted. [Am. 160]

5d.  By way of derogation from paragraph 1, for carriers transporting groups overland by coach, for the first three years following the start of application of this Regulation, the verification referred to in paragraph 1 shall be optional and the provisions referred to in paragraph 5b shall not apply to them. [Am. 161]

Article 45c

Fall-back procedures in case of technical impossibility to access data by carriers

1.  Where it is technically impossible to proceed with the consultation query referred to in Article 45b(1), because of a failure of any part of the VIS or for other reasons beyond the carriers' control, the carriers shall be exempted of the obligation to verify the possession of a valid visa or travel document by using the carrier gateway. Where such failure is detected by the Management Authority eu-LISA, it shall notify the carriers. It shall also notify the carriers when the failure is remedied. Where such failure is detected by the carriers, they may notify the Management Authority eu-LISA. [Am. 162]

1a.  The penalties referred to in Article 45b(5b) shall not be imposed on carriers in the cases referred to in paragraph 1 of this Article. [Am. 163]

1b.  Where for other reasons than a failure of any part of VIS it is technically impossible for a carrier to proceed with the consultation query referred to in Article 45b(1) for a prolonged period of time, that carrier shall inform eu-LISA. [Am. 164]

2.  The details of the fall-back procedures shall be laid down in an implementing act adopted in accordance with the examination procedure referred to in Article 49(2).

Article 45d

Access to VIS data by European Border and Coast Guard teams

1.  To exercise the tasks and powers pursuant to Article 40(1) of Regulation (EU) 2016/1624 of the European Parliament and of the Council* and in addition to the access provided for in Article 40(8) of that Regulation, the members of the European Border and Coast Guard teams, as well as teams of staff involved in return-related operations, shall, within their mandate, have the right to access and search data entered in VIS. [Am. 165]

2.  To ensure the access referred to in paragraph 1, the European Border and Coast Guard Agency shall designate a specialised unit with duly empowered European Border and Coast Guard officials as the central access point. The central access point shall verify that the conditions to request access to the VIS laid down in Article 45e are fulfilled.

__________

* Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).

Article 45e

Conditions and procedure for access to VIS data by European Border and Coast Guard teams

1.  In view of the access referred to in paragraph 1 of Article 45d, a European Border and Coast Guard team may submit a request for the consultation of all data or a specific set of data stored in the VIS to the European Border and Coast Guard central access point referred to in Article 45d(2). The request shall refer to the operational plan on border checks, and border surveillance and/or return of that Member State on which the request is based. Upon receipt of a request for access, the European Border and Coast Guard central access point shall verify whether the conditions for access referred to in paragraph 2 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central access point shall process the requests. The VIS data accessed shall be transmitted to the team in such a way as not to compromise the security of the data. [Am. 166]

2.  For the access to be granted, the following conditions shall apply:

   a) the host Member State authorises the members of the team to consult VIS in order to fulfil the operational aims specified in the operational plan on border checks, and border surveillance and return, and [Am. 167]
   b) the consultation of VIS is required for performing the specific tasks entrusted to the team by the host Member State.

3.  In accordance with Article 40(3) of Regulation (EU) 2016/1624, members of the teams, as well as teams of staff involved in return-related tasks may only act in response to information obtained from the VIS under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf. [Am. 168]

4.  In case of doubt or if the verification of the identity of the visa holder, long stay visa holder or residence permit holder fails, the member of the European Border and Coast Guard team shall refer the person to a border guard of the host Member State.

5.  Consultation of the VIS data by members of the teams shall take place as follows:

   a) When exercising tasks related to border checks pursuant to Regulation (EU) 2016/399, the members of the teams shall have access to VIS data for verification at external border crossing points in accordance with Articles 18 or 22g of this Regulation respectively;
   b) When verifying whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled, the members of the teams shall have access to the VIS data for verification within the territory of third country nationals in acordance with Articles 19 or 22h of this Regulation respectively;
   c) When identifying any person that may not or may no longer fulfil the conditions for the entry to, stay or residence on the territory of the Member States, the members of the teams shall have access to VIS data for identification in accordance with Article 20 of this Regulation.

6.  Where such access and search reveal the existence of a hit in VIS, the host Member State shall be informed thereof.

7.  Every log of data processing operations within the VIS by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks shall be kept by the Management Authority in accordance with the provisions of Article 34. [Am. 169]

8.  Every instance of access and every search made by the European Border and Coast Guard Agency shall be logged in accordance with the provisions of Article 34 and every use made of data accessed by the European Border and Coast Guard Agency teams shall be registered. [Am. 170]

9.  Except where necessary to perform the tasks for the purposes of the Regulation establishing a European Travel Information and Authorisation System (ETIAS), No parts of VIS shall be connected to any computer system for data collection and processing operated by or at the European Border and Coast Guard Agency nor shall the data contained in VIS to which the European Border and Coast Guard Agency has access be transferred to such a system. No part of VIS shall be downloaded. The logging of access and searches shall not be construed as constituting to be the downloading or copying of VIS data. [Am. 171]

10.  Measures to ensure security of data as provided for in Articles 32 shall be adopted and applied by the European Border and Coast Guard Agency."

"

(35a)  Articles 46, 47 and 48 are deleted; [Ams. 172, 173 and 174]

(35b)  the following Article is inserted:"

“Article 48a

Exercise of delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 9cb and Article 23 shall be conferred on the Commission for a period of five years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. 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.

3.   The delegation of power referred to in Article 9cb and Article 23 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Article 9cb and Article 23 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 to 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 of the Council.”; [Am. 175]

"

(36)  Article 49 is replaced by the following:"

“Article 49

Committee procedure

1.  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*.

2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

____________

* Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).”;

"

(37)  the following Article 49a is inserted:"

"Article 49a

Advisory group

An Advisory Group shall be established by eu-LISA and provide it with the expertise related to the VIS in particular in the context of the preparation of its annual work programme and its annual activity report." ;

"

(38)  Article 50 is replaced by the following:"

"Article 50

Monitoring and evaluation of impact on fundamental rights [Am. 176]

1.  The Management Authority eu-LISA shall ensure that procedures are in place to monitor the functioning of the VIS against objectives relating to output, cost-effectiveness, security and quality of service, and to monitor the compliance with fundamental rights including the right of protection of personal data, the right to non-discrimination, the rights of the child and the right to an effective remedy. [Am. 177]

2.  For the purposes of technical maintenance, the Management Authority eu-LISA shall have access to the necessary information relating to the processing operations performed in the VIS. [Am. 178]

3.  Every two years eu-LISA shall submit to the European Parliament, the Council and the Commission a report on the technical functioning of VIS, including the its security thereof and costs. That report shall include an overview of the current progress of the development of the project and the associated costs, a financial impact assessment, and information on any technical issues and risks that may affect the overall cost of the system. [Am. 179]

3a.  In the event of delays in the development process, eu-LISA shall inform the European Parliament and the Council as soon as possible about the reasons for the delays and their impact in terms of time and finances. [Am. 180]

4.  While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to VIS data for law enforcement purposes containing information and statistics on:

   (a) the exact purpose of the consultation including the type of terrorist or serious criminal offence and accesses to data on children below 12 years of age; [Am. 181]
   (b) reasonable grounds given for the substantiated suspicion that the suspect, perpetrator or victim is covered by this Regulation;
   (c) the number of requests for access to the VIS for law enforcement purposes;
   (ca) the number and type of cases in which the urgency procedures referred to in Article 22m(2) were used, including those cases where the urgency was not accepted by the ex post verification carried out by the central access point; [Am. 182]
   (d) the number and type of cases which have ended in successful identifications.
   (da) statistics on child trafficking, including cases of successful identifications. [Am. 183]

Member States’ and Europol’s annual reports shall be transmitted to the Commission by 30 June of the subsequent year. The Commission shall compile the annual reports into a comprehensive report to be published by 30 December of the same year. [Am. 184]

5.  Every four two years ,the Commission shall produce an overall evaluation of the VIS. This overall evaluation shall include an examination of results achieved against objectives and costs sustained and an assessment of the continuing validity of the underlying rationale, and its impact on fundamental rights, the application of this Regulation in respect of the VIS, the security of the VIS, the use made of the provisions referred to in Article 31 and any implications for future operations. The Commission shall transmit the evaluation to the European Parliament and the Council. [Am. 185]

6.  Member States shall provide the Management Authority and the Commission with the information necessary to draft the reports referred to in paragraph 3, 4 and 5.

7.  The Management Authority shall provide the Commission with the information necessary to produce the overall evaluations referred to in paragraph 5.";

"

(39)  The title of annex 1 is replaced by the following:"

"List of international organisations referred to in Article 31(1)“. [Am. 186]

"

(40)  After Article 22, the following chapters IIIa and IIIb are inserted:"

CHAPTER IIIa

ENTRY AND USE OF DATA ON LONG STAY VISAS AND RESIDENCE PERMITS

Article  22a

Procedures for entering data upon decision on an application for a long stay visa or residence permit

1.  Upon decision on an application for a long stay visa or residence permit, the authority that issued that decision shall create without delay the individual file, by entering the data referred to in Article 22c or Article 22d in the VIS.

1a.  The authority competent to issue a decision shall create an individual file before issuing it. [Am. 187]

2.  Upon creation of the individual file, the VIS shall automatically launch the query pursuant to Article 22b.

3.  If the holder has applied as part of a group or with a family member, the authority shall create an individual file for each person in the group and link the files of the persons having applied together and who were issued a long stay visa or residence permit. Applications from parents or legal guardians shall not be separated from those of their children. [Am. 188]

4.  Where particular data are not required to be provided in accordance with Union or national legislation or factually cannot be provided, the specific data field(s) shall be marked as ‘not applicable’. In the case of fingerprints, the system shall permit a distinction to be made between the cases where fingerprints are not required to be provided in accordance with Union or national legislation and the cases where they cannot be provided factually.

Article 22b

Queries to other systems

1.  Solely for the purpose of assessing whether the person could pose a threat to the public policy, or internal security or public health of the Member States, pursuant to Article 6(1)(e) of Regulation (EU) 2016/399, the files shall be automatically processed by the VIS to identify hit(s). The VIS shall examine each file individually. [Am. 189]

2.  Every time an individual file is created upon issuance or refusal pursuant to Article 22d of 22c in connection with a long-stay visa or residence permit, the VIS shall shall launch a query by using the European Search Portal defined in Article 6(1) of [the Interoperability Regulation (borders and visas)] to compare the relevant data referred to in Article 22c(2)(a), (b), (c), (f) and (g) of this Regulation. with the relevant data, in The VIS, the Schengen Information System (SIS), the Entry/Exit System (EES), the shall verify:

   (a) whether the travel document used for the application corresponds to a travel document reported as lost, stolen, misappropriated or invalidated in SIS;
   (b) whether the travel document used for the application corresponds to a travel document reported as lost, stolen or invalidated in the SLTD database;
   (c) whether the applicant is subject to a refusal of entry and stay alert entered in SIS;
   (d) whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;
   (e) whether the applicant and the travel Information and document correspond to a refused, revoked or annulled travel authorisation in the ETIAS Central System (ETIAS) including the watchlist ;
   (f) whether the applicant and the travel document are in the watch list referred to in Article 29 34 of Regulation (EU) 2018/XX for the purposes of establishing a European Travel Information and Authorisation System, [the ECRIS-TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned], the Europol data, the Interpol Stolen and Lost 2018/1240;
   (g) whether data on the applicant is already recorded in VIS on the same person;
   (h) whether the data provided in the application concerning the travel document database (SLTD), and the Interpol Travel Documents correspond to another application for a long-stay visa or residence permit associated with Notices database (Interpol TDAWN) different identity data;
   (i) whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES;
   (j) whether the applicant is recorded as having been refused entry in the EES;
   (k) whether the applicant has been subject to a decision to refuse, annul or revoke a short-stay visa recorded in VIS;
   (l) whether the applicant has been subject to a decision to refuse, annul or revoke a long-stay visa or residence permit recorded in VIS;
   (m) whether data specific to the identity of the applicant are recorded in Europol data;
   (n) in cases where the applicant is a minor, whether the applicant's parental authority or legal guardian:
   (i) is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;
   (ii) is subject to a refusal of entry and stay alert in SIS;
   (iii) holds a travel document in the watch list referred to in Article 34 of Regulation (EU) 2018/1240.

This paragraph must not impede the submission of an application for asylum on any grounds. If a visa application is submitted by a victim of violent crime such as domestic violence or trafficking in human beings committed by their sponsor, the file submitted to VIS shall be separated from that of the sponsor in order to protect the victim from further danger.

To avoid the risk of false hits, any query concerning children under the age of 14 or people older than 75 years carried out with biometric identifiers taken more than five years before the match and which that does not confirm the identity the third-country national, shall be subject to a compulsory manual check by experts on biometric data. [Am. 190]

3.  The VIS shall add a reference to any hit obtained pursuant to paragraphs (2) and (5) to the individual file. Additionally, the VIS shall identify, where relevant, the Member State(s) that entered or supplied the data having triggered the hit(s) or Europol, and shall record this in the individual file. No information other than the reference to any hit and the originator of the data shall be recorded. [Am. 191]

3a.  When querying SLTD, the data used by the user of the ESP to launch a query shall not be shared with the owners of Interpol data. [Am. 192]

4.  For the purposes of Article 2(2)(f) in respect of an issued or extended long stay visathe visa the queries carried out under 22bparagraph paragraph 2 of this Article shall compare the relevant data referred to in Article 22c(2), to the data present in the SIS in order to determine whether the holder is subject to one of the following alerts: [Am. 193]

   (a) an alert in respect of persons wanted for arrest for surrender purposes or extradition purposes;
   (b) an alert in respect of missing persons;
   (c) an alert in respect of persons sought to assist with a judicial procedure;
   (d) an alert on persons and objects for discreet checks or, specific checks or inquiry checks. [Am. 194]

Where the comparison referred to in this paragraph reports one or several hit(s), the VIS shall send an automated notification to the central authority of the Member State that launched the request and shall take any appropriate follow-up action. Article 9a(5a), (5b), (5c), (5d), and Articles 9c, 9ca, 9cb shall apply mutatis mutandis subject to the following specific provisions. [Am. 195]

5.  As regards the consultation of EES, ETIAS and VIS data pursuant to paragraph 2, the hits shall be limited to indicating refusals of a travel authorisation, of entry or of a visa which are based on security grounds.

6.  Where the long stay visa or residence permit is issued or extended by a consular authority of a Member State, Article 9a shall apply. [Am. 196]

7.  Where the residence permit is issued or extended or where a long stay visa is extended by an authority in the territory of a Member State, the following apply:

   (a) that authority shall verify whether the data recorded in the individual file corresponds to the data present in the VIS, or one of the consulted EU information systems/databases, the Europol data, or the Interpol databases pursuant to paragraph 2;
   (b) where the hit pursuant to paragraph 2 is related to Europol data, the Europol national unit shall be informed for follow up;
   (c) where the data do not correspond, and no other hit has been reported during the automated processing pursuant to paragraphs 2 and 3, the authority shall delete the false hit from the application file;
   (d) where the data correspond to or where doubts remain concerning the identity of the applicant, the authority shall take action on the data that triggered the hit pursuant to paragraph 4 according to the procedures, conditions and criteria provided by EU and national legislation. [Am. 197]

Article  22c

Individual file to be created for a long stay visa or residence permit issued

An individual file created pursuant to Article 22a(1) shall contain the following data:

   (1) the authority which issued the document, including its location;
   (2) the following data of the holder:
   (a) surname (family name); first name(s); date year of birth; current nationality or nationalities; sex; date, place and country of birth; [Am. 198]
   (b) type and number of the travel document and the three letter code of the issuing country of the travel document;
   (c) the date of expiry of the validity of the travel document;
   (cc) authority which issued the travel document;
   (d) in the case of minors, surname and first name(s) of the holder's parental authority or legal guardian;
   (e) the surname, first name and address of the natural person or the name and address of the employer or any other organisation on which the application was based;
   (f) a facial image of the holder, where possible taken live; [Am. 199]
   (g) two fingerprints of the holder, in accordance with the relevant Union and national legislation;
   (3) the following data concerning the long stay visa or residence permit issued:
   (a) status information indicating that a long-stay visa or residence permit has been issued;
   (b) place and date of the decision to issue the long-stay visa or residence permit;
   (c) the type of document issued (long-stay visa or residence permit);
   (d) the number of the issued long-stay visa or residence permit;
   (e) the expiry date of the long-stay visa or residence permit.

Article  22d

Individual file to be created in certain cases of refusal of a long stay visa or residence permit

Where a decision has been taken to refuse a long stay visa or a residence permit because the applicant is considered to pose a threat to public policy, or internal security or to public health or the applicant has presented documents which were fraudulently acquired, or falsified, or tampered with, the authority which refused it shall create without delay an individual file with the following data: [Am. 200]

   a) surname, surname at birth (former surname(s)); first name(s); sex; date, place and country of birth;
   b) current nationality and nationality at birth;
   c) type and number of the travel document, the authority which issued it and the date of issue and of expiry;
   d) in the case of minors, surname and first name(s) of the applicant's parental authority or legal guardian;
   e) the surname, first name and address of the natural personon person on whom the application is based; [Am. 201]
   f) a facial image of the applicant, where possible taken live; [Am. 202]
   g) two fingerprints of the applicant, in accordance with the relevant Union and national legislation;
   h) information indicating that the long-stay visa or residence permit has been refused because the applicant is considered to pose a threat to public policy, or public security or to public health, or because the applicant presented documents which were fraudulently acquired, or falsified, or tampered with; [Am. 203]
   i) the authority that refused the long-stay visa or residence permit, including its location;
   j) place and date of the decision to refuse the long stay-visa or residence permit.

Article  22e

Data to be added for a long stay visa or residence permit withdrawn

1.  here a decision has been taken to withdraw a residence permit or long-stay visa or to shorten the validity period of a long stay visa, the authority that has taken the decision shall add the following data to the individual file:

   (a) status information indicating that the long-stay visa or residence permit has been withdrawn or, in the case of a long stay visa, that the validity period has been shortened;
   (b) authority that withdrew the long-stay visa or residence permit or shortened the validity period of the long stay visa, including its location;
   (c) place and date of the decision;
   (d) the new expiry date of the validity of the long stay visa, where appropriate;
   (e) the number of the visa sticker, if the reduced period takes the form of a new visa sticker.

2.  The individual file shall also indicate the ground(s) for withdrawal of the long-stay visa or residence permit or shortening of the validity period of the long stay visa, in accordance with point (h) of Article 22d.

Article  22f

Data to be added for a long stay visa or residence permit extended

Where a decision has been taken to extend a residence permit or a long-stay visa, the authority which extended it shall add the following data to the individual file:

   (a) status information indicating that the long-stay visa or residence permit has been extended;
   (b) the authority that extended the long-stay visa or residence permit, including its location;
   (c) place and date of the decision;
   (d) in the case of a long stay visa, the number of the visa sticker, if the extension of the long-stay visa takes the form of a new visa sticker;
   (e) the expiry date of the extended period.

Article 22g

Access to data for verification of long stay visas and residence permits at external border crossing points

1.  For the sole purpose of verifying the identity of the document holder and/or the authenticity and the validity of the long-stay visa or residence permit and whether the person is not considered to be a threat to public policy, or internal security or public health of any of the Member States in accordance with Article 6(1)(e) of Regulation (EU) 2016/399, the competent authorities for carrying out checks at external border crossing points in accordance with that Regulation shall have access to search using the number of the document in combination with one or several of the data in Article 22c(2)(a), (b) and (c) of this Regulation. [Am. 204]

2.  If the search with the data listed in paragraph 1 indicates that data on the document holder are recorded in the VIS, the competent border control authority shall be given access to consult the following data of the individual file, solely for the purposes referred to in paragraph 1:

   (a) the status information of the long-stay visa or residence permit indicating if it has been issued, withdrawn or extended;
   (b) data referred to in Article 22c(3)(c), (d), and (e);
   (c) where applicable, data referred to in Article 22e(1)(d) and (e);
   (d) where applicable, data referred to in Article 22f(d) and (e);
   (e) photographs facial images as referred to in Article 22c(2)(f). [Am. 205]

Article 22h

Access to data for verification within the territory of the Member States

1.  For the sole purpose of verifying the identity of the holder and the authenticity and the validity of the long-stay visa or residence permit or whether the person is not a threat to public policy, internal security or public health of any of the Member States ,the authorities competent for carrying out checks within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled and, as applicable, police authorities, shall have access to search using the number of the long-stay visa or residence permit in combination with one or several of the data in Article 22c(2)(a), (b) and (c). [Am. 206]

2.  If the search with the data listed in paragraph 1 indicates that data on the holder are recorded in the VIS, the competent authority shall be given access to consult the following data of the individual file as well as, if applicable, of linked file(s) pursuant to Article 22a(4), solely for the purposes referred to in paragraph 1:

   (a) the status information of the long-stay visa or residence permit indicating if it has been issued, withdrawn or extended;
   (b) data referred to in Article 22c(3)(c), (d), and (e);
   (c) where applicable, data referred to in Article 22e(1)(d) and (e);
   (d) where applicable, data referred to in Article 22f(d) and (e);
   (e) photographs facial images as referred to in Article 22c(2)(f). [Am. 207]

Article  22i

Access to data for determining the responsibility for applications for international protection

1.  For the sole purpose of determining the Member State responsible for examining an application for international protection in accordance with Article 12 of Regulation (EU) No 604/2013, the competent asylum authorities shall have access to search with the fingerprints of the applicant for international protection.

Where the fingerprints of the applicant for international protection cannot be used or the search with the fingerprints fails, the search shall be carried out using the number of the long stay visa or residence permit in combination with the data in Article 22c(2)(a), (b) and (c).

2.  If the search with the data listed in paragraph 1 indicates that a long-stay visa or residence permit is recorded in the VIS, the competent asylum authority shall be given access to consult the following data of the application file, and as regards the data listed in point (g) of linked application file(s) of the spouse and children, pursuant to Article 22a(4), for the sole purpose referred to in paragraph 1:

   (a) the authority that issued or extended the long-stay visa or residence permit;
   (b) the data referred to in Article 22c(2)(a) and (b);
   (c) the type of document;
   (d) the period of validity of the long-stay visa or residence permit;
   (f) photographs as referred to in Article 22c(2)(f);
   (g) the data referred to in Article 22c(2)(a) and (b) of the linked application file(s) on the spouse and children.

3.  The consultation of the VIS pursuant to paragraphs 1 and 2 of this Article shall be carried out only by the designated national authorities referred to in Article 27 of Regulation (EU) No 603/2013 of the European Parliament and of the Council*.

Article  22j

Access to data for examining the application for international protection

1.  For the sole purpose of examining an application for international protection, the competent asylum authorities shall have access in accordance with Article 27 of Regulation (EU) No 603/2013 to search with the fingerprints of the applicant for international protection.

Where the fingerprints of the applicant for international protection cannot be used or the search with the fingerprints fails, the search shall be carried out using the number of the long stay visa or residence document in combination with the data in Article 22c(2)(a), (b) and (c), or a combination of data in Article 22d(a), (b), (c) and (f).

2.  If the search with the data listed in paragraph 1 indicates that data on the applicant for international protection is recorded in the VIS, the competent asylum authority shall have access to consult, for the sole purpose referred to in paragraph 1, the data entered in respect of any long-stay visa or residence permit issued, refused, withdrawn or whose validity is extended, referred to in Articles 22c, 22d, 22e and 22f of the applicant and of the linked application file(s) of the applicant pursuant to Article 22a(3).

3.  The consultation of the VIS pursuant to paragraphs 1 and 2 of this Article shall be carried out only by the designated national authorities referred to in Article 27 of Regulation (EU) No 603/2013.

CHAPTER IIIb

Procedure and conditions for access to the VIS for law enforcement purposes

Article 22k

Member States' designated authorities

1.  Member States shall designate the authorities which are entitled to consult the data stored in the VIS in order to prevent, detect and investigate terrorist offences or other serious criminal offences in appropriate and strictly defined circumstances as referred to in Article 22n. Those authorities shall only be allowed to consult data of children below 12 years of age to protect missing children and children who are victims of serious crimes. [Am. 208]

2.  Each Member State shall keep a strictly limited list of the designated authorities. Each Member State shall notify eu-LISA and the Commission of its designated authorities and may at any time amend or replace its notification. [Am. 209]

3.  Each Member State shall designate a central access point which shall have access to the VIS. The central access point shall verify that the conditions to request access to the VIS laid down in Article 22n are fulfilled.

The designated authority and the central access point may be part of the same organisation if permitted under national law, but the central access point shall act fully independently of the designated authorities when performing its tasks under this Regulation. The central access point shall be separate from the designated authorities and shall not receive instructions from them as regards the outcome of the verification which it shall perform independently.

Member States may designate more than one central access point to reflect their organisational and administrative structure in the fulfilment of their constitutional or legal requirements.

4.  Each Member State shall notify eu-LISA and the Commission of its central access point and may at any time amend or replace its notification.

5.  At national level, each Member State shall keep a list of the operating units within the designated authorities that are authorised to request access to data stored in the VIS through the central access point(s).

6.  Only duly empowered staff of the central access point(s) shall be authorised to access the VIS in accordance with Articles 22m and 22n.

Article 22l

Europol

1.  Europol shall designate one of its operating units as 'Europol designated authority' and shall authorise it to request access to the VIS through the VIS designated central access point referred to in paragraph 2 in order to support and strengthen action by Member States in preventing, detecting and investigating terrorist offences or other serious criminal offences.

2.  Europol shall designate a specialised unit with duly empowered Europol officials as the central access point. The central access point shall verify that the conditions to request access to the VIS laid down in Article 22p are fulfilled.

The central access point shall act fully independently when performing its tasks under this Regulation and shall not receive instructions from the Europol designated authority referred to in paragraph 1 as regards the outcome of the verification. [Am. 210]

Article 22m

Procedure for access to the VIS for law enforcement purposes

1.  The operating units referred to in Article 22k(5) shall submit a reasoned electronic or written request to the central access points referred to in Article 22k(3) for access to data stored in the VIS. Upon receipt of a request for access, the central access point(s) shall verify whether the conditions for access referred to in Article 22n are fulfilled. If the conditions for access are fulfilled, the central access point(s) shall process the requests. The VIS data accessed shall be transmitted to the operating units referred to in Article 22k(5) in such a way as to not compromise the security of the data.

2.  In a case of exceptional urgency, where there is a need to prevent an imminent danger to the life of a person associated with a terrorist offence or another serious criminal offence, the central access point(s) shall process the request immediately and shall only verify ex post whether all the conditions of Article 22n are fulfilled, including whether a case of urgency actually existed. The ex post verification shall take place without undue delay and in any event no later than 7 working days after the processing of the request

3.  Where an ex post verification determines that the access to VIS data was not justified, all the authorities that accessed such data shall immediately erase the information accessed from the VIS and shall inform the central access points of the erasure. [Am. 211]

Article 22n

Conditions for access to VIS data by designated authorities of Member States

1.  Without prejudice to Article 22 of Regulation 2018/XX [on interoperability (borders and visas)] designated authorities may access the VIS for consultation if all of the following conditions are met: [Am. 212]

   (a) access for consultation is necessary and proportionate for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence;
   (b) access for consultation is necessary and proportionate in a specific case;
   (c) reasonable grounds exist to consider that the consultation of the VIS data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation;
   (ca) in case of searches with fingerprints, a prior search has been launched in the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA where comparisons of fingerprints are technically available, and either that search has been fully carried out, or that search has not been fully carried out within 24 hours of being launched. [Am. 213]
   (d) where a query to the CIR was launched in accordance with Article 22 of Regulation 2018/XX [on interoperability (borders and visas)], the reply received as referred to in paragraph 5 of [Article 22 of Regulation 2018/XX [on interoperability (borders and visas)]] reveals that data is stored in the VIS." [Am. 214]

2.  The condition provided in point (d) of paragraph 1 does not need to be fulfilled for situations where the access to the VIS is needed as a tool to consult the visa history or the periods of authorised stay on the territory of the Member States of a known suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence.

3.  Consultation of the VIS shall be limited to searching with any of the following data in the application file or individual file: [Am. 215]

   (a) surname(s) (family name), first name(s) (given names), date year of birth, nationality or nationalities and/or sex; [Am. 216]
   (b) type and number of travel document or documents, three letter code of the issuing country and date of expiry of the validity of the travel document;
   (c) visa sticker number or number of the long-stay visa or residence document and the date of expiry of the validity of the visa, long-stay visa or residence document, as applicable;
   (d) fingerprints, including latent fingerprints;
   (e) facial image.

3a.  The Commission shall present a report to the European Parliament and to the Council on the feasibility, availability, readiness and reliability of the required technology to use facial images to identify a person. [Am. 217]

3b.  The facial image referred to in point (e) of paragraph 3 shall not be the only search criterion. [Am. 218]

4.  Consultation of the VIS shall, in the event of a hit, give access to the data listed in this paragraph 3 of this Article as well as to any other data taken from the application file or individual file, including data entered in respect of any document issued, refused, annulled, revoked or extended. Access to the data referred to in point (4)(l) of Article 9as 9 as recorded in the application file shall only be given if consultation of that data was explicitely explicitly requested in a reasoned request and approved by independent verification. [Am. 219]

Article 22o

Access to VIS for identification of persons in specific circumstances

By derogation from Article 22n(1), designated authorities shall not be obliged to fulfil the conditions laid down in that paragraph to access the VIS for the purpose of identification of persons, particularly children, who had gone missing, abducted or identified as victims of trafficking in human beings and in respect of whom there are reasonable serious grounds to consider that consultation of VIS data will support their identification, and/or and contribute in investigating specific cases of human trafficking. In such circumstances, the designated authorities may search in the VIS with the fingerprints of those persons. [Am. 220]

Where the fingerprints of those persons cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in points (a) and (b) of Article 9(4) or points (a) and (b) of Article 22c(2). [Am. 221]

Consultation of the VIS shall, in the event of a hit, give access to any of the data in Article 9, Article 22c or Article 22d, as well as to the data in Article 8(3) and (4) or Article 22a(3). [Am. 222]

Article 22p

Procedure and conditions for access to VIS data by Europol

1.  Europol shall have access to consult the VIS where all the following conditions are met:

   (a) the consultation is necessary and proportionate to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol's mandate;
   (b) the consultation is necessary and proportionate in a specific case;
   (c) reasonable grounds exist to consider that the consultation of the VIS data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation;
   (d) where a query to the CIR was launched in accordance with Article 22 of Regulation 2018/XX [on interoperability (borders and visas)], the reply received as referred to in Article 22(3) of that Regulation reveals that data is stored in the VIS.

2.  The conditions laid down in Article 22n(2), (3) and (4) shall apply accordingly.

3.  Europol's designated authority may submit a reasoned electronic request for the consultation of all data or a specific set of data stored in the VIS to the Europol central access point referred to in Article 22k(3) 22l(2). Upon receipt of a request for access the Europol central access point shall verify whether the conditions for access referred to in paragraphs 1 and 2 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central access point(s) shall process the requests. The VIS data accessed shall be transmitted to the operating units referred to in Article 22l(1) in such a way as not to compromise the security of the data. [Am. 223]

4.  The processing of information obtained by Europol from consultation with VIS data shall be subject to the authorisation of the Member State of origin. That authorisation shall be obtained via the Europol national unit of that Member State.

Article 22q

Logging and documentation

1.  Each Member State and Europol shall ensure that all data processing operations resulting from requests to access to VIS data in accordance with Chapter IIIc are logged IIIb are recorded or documented for the purposes of checking monitoring the admissibility of the request, monitoring the lawfulness of the data processing and data integrity and security, and possible impact on fundamental rights, and self-monitoring.

The records or documents shall be protected by appropriate measures against unauthorised access and erased two years after their creation, unless they are required for monitoring procedures that have already begun. [Am. 224]

2.  The log or documentation shall show, in all cases:

   (a) the exact purpose of the request for access to VIS data, including the terrorist offence or other serious criminal offence concerned and, for Europol, the exact purpose of the request for access;
   (b) the national file reference;
   (c) the date and exact time of the request for access by the central access point to the VIS Central System;
   (d) the name of the authority which requested access for consultation;
   (e) where applicable, the decision taken with regard to the ex‑post verification;
   (f) the data used for consultation;
   (g) in accordance with national rules or with Regulation (EU) 2016/794 or, where applicable, Regulation (EU) 2018/1725, the unique user identity of the official who carried out the search and of the official who ordered the search. [Am. 225]

3.  Logs and documentation shall be used only for monitoring the lawfulness of data processing, for monitoring the impact on fundamental rights, and for ensuring data integrity and security. Only logs which do not contain personal data may be used for the monitoring and evaluation referred to in Article 50 of this Regulation. The supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680, which is responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security, shall have access to these logs at its request for the purpose of fulfilling its duties. [Am. 226]

Article 22r

Conditions for access to VIS data by designated authorities of a Member State in respect of which this Regulation has not yet been put into effect

1.  Access to the VIS for consultation by designated authorities of a Member State in respect of which this Regulation has not yet been put into effect shall take place where the following conditions are met:

   (a) the acces is within the scope of their powers;
   (b) the acces is subject to the same conditions as referred to in Article 22n(1);
   (c) the acces is preceded by a duly reasoned written or electronic request to a designated authority of a Member State to which this Regulation applies; that authority shall then request the national central access point(s) to consult the VIS.

2.  A Member State in respect of which this Regulation has not yet been put into effect shall make its visa information available to Member States to which this Regulation applies, on the basis of a duly reasoned written or electronic request, subject to compliance with the conditions laid down in Article 22n(1).

_____________

* Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1).”.

Article 22ra

Protection of personal data accessed in accordance with Chapter IIIb

1.   Each Member State shall ensure that the national laws, regulations and administrative provisions adopted pursuant to Directive (EU) 2016/680 are also applicable to the access to VIS by its national authorities under this chapter, including in relation to the rights of the persons whose data are so accessed.

2.   The supervisory authority referred to in Article 41(1) of Directive (EU) 2016/680 shall monitor the lawfulness of the access to personal data by the Member States in accordance with this Chapter, including their transmission to and from VIS. Article 41(3) and (4) of this Regulation shall apply accordingly.

3.   The processing of personal data by Europol pursuant to this Regulation shall be carried out in accordance with Regulation (EU) 2016/794 and shall be supervised by the European Data Protection Supervisor.

4.   Personal data accessed in VIS in accordance with this Chapter shall only be processed for the purposes of the prevention, detection or investigation of the specific case for which the data have been requested by a Member State or by Europol.

5.   eu-LISA, the designated authorities, the central access points and Europol shall keep logs as referred to in Article 22q of the searches for the purpose of enabling the supervisory authority referred to in Article 41(1) of Directive (EU) 2016/680 and the European Data Protection Supervisor to monitor the compliance of data processing with Union and national data protection rules. With the exception of data held for that purpose, personal data and the records of searches shall be erased from all national and Europol files after 30 days, unless those data and records are required for the purposes of the specific ongoing criminal investigation for which they were requested by a Member State or by Europol. [Am. 227]

"

Article 2

Amendments to Repeal of Decision 2004/512/EC [Am. 228]

Article 1(2) of Decision 2004/512/EC is replaced by the following: repealed. References to that Decision shall be construed as references to Regulation (EC) No 767/2008 and shall be read in accordance with the correlation table in Annex 2."

"2. The Visa Information System shall be based on a centralised architecture and consist of:

   (a) the common identity repository as referred to in [Article 17(2)(a) of Regulation 2018/XX on interoperability],
   (b) a central information system, hereinafter referred to as ‘the Central Visa Information System’ (VIS),
   (c) an interface in each Member State, hereinafter referred to as ‘the National Interface’ (NI-VIS) which shall provide the connection to the relevant central national authority of the respective Member State, or a National Uniform Interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the Central System to connect to the national infrastructures in Member States,
   (d) a communication infrastructure between the VIS and the National Interfaces;
   (e) a Secure Communication Channel between the VIS and the EES Central System;
   (f) a secure communication infrastructure between the VIS Central System and the central infrastructures of the European search portal established by [Article 6 of Regulation 2017/XX on interoperability], shared biometric matching service established by [Article 12 of Regulation 2017/XX on interoperability], the common identity repository established by [Article 17 of Regulation 2017/XX on interoperability] and the multiple-identity detector (MID) established by [Article 25 of Regulation 2017/XX on interoperability];
   (g) a mechanism of consultation on applications and exchange of information between central visa authorities ('VISMail');
   (h) a carrier gateway;
   (i) a secure web service enabling communication between the VIS, on the one hand and the the carrier gateway, and the international systems (Interpol systems/databases), on the other hand;
   (j) a repository of data for the purposes of reporting and statistics.

The Central System, the National Uniform Interfaces, the web service, the carrier gateway and the Communication Infrastructure of the VIS shall share and re-use as much as technically possible the hardware and software components of respectively the EES Central System, the EES National Uniform Interfaces, the ETIAS carrier gateway, the EES web service and the EES Communication Infrastructure).". [Am. 229]

"

Article 3

Amendments to Regulation (EC) No 810/2009

Regulation (EC) No 810/2009 is amended as follows:

(1)  in Article 10(3), point (c) is replaced by the following:"

"(c) present a photograph in accordance with the standards set out in Regulation (EC) No 1683/95 or, allow the live-taking of a facial image upon a first application and subsequently at least every 59 months following that, in accordance with the standards set out in Article 13 of this Regulation."; [Am. 230]

"

(2)  Article 13 is amended as follows:

(a)  in paragraph 2, the first indent is replaced by the following:"

"- a photograph facial image taken live and collected digitally at the time of the application;"; [Am. 231]

"

(b)  in paragraph 3, the first subparagraph is replaced by the following:"

"Where fingerprints and a live photograph of sufficient quality were collected from the applicant and entered in the VIS as part of an application lodged less than 59 months before the date of the new application, these [data] may shall be copied to the subsequent application."; [Am. 232]

"

(c)  in paragraph 7, point (a) is replaced by the following:"

"(a) children under the age of 6 and persons over the age of 70;"; [Am. 253]

"

(d)  paragraph 8 is deleted;

(3)  Article 21 is amended as follows:

(a)  paragraph 2 is replaced by the following:"

“2. In respect of each application the VIS shall be consulted in accordance with Articles 8(2), 15 and 9a of the Regulation (EC) No 767/2008. Member States shall ensure that full use is made of all search criteria pursuant to these articles, in order to avoid false rejections and identifications.

"

(b)  the following paragraphs 3a and 3b are inserted:"

“3a. For the purpose of assessing the entry conditions provided for in paragraph 3, the consulate shall take into account the result of the verifications pursuant to Article 9c of the Regulation (EC) No 767/2008 of the following databases:

   (a) SIS and the SLTD to check whether the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated in the and whether the travel document used for the application corresponds to a travel document recorded in a file in the Interpol TDAWN; [Am. 233]
   (b) the ETIAS Central System to check whether the applicant correspond to a refused, revoked or annulled application for travel authorisation;
   (c) the VIS to check whether the data provided in the application concerning the travel document correspond to another application for a visa associated with different identity data, as well as whether the applicant has been subject to a decision to refuse, revoke or annul a short stay visa;
   (d) the EES to check whether the applicant is currently reported as overstayer, whether he has been reported as overstayer in the past or whether the applicant was refused entry in the past;
   (e) the Eurodac to check whether the applicant was subject to a withdrawal or rejection of the application for international protection;
   (f) the Europol data to check whether the data provided in the application corresponds to data recorded in this database;
   (g) the ECRIS-TCN system to check whether the applicant corresponds to a person whose data is recorded in this database for terrorist offences or other serious criminal offences; [Am. 234]
   (h) the SIS to check whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes.

The consulate shall have access to the application file and the linked application file(s), if any, as well as to all the results of the verifications pursuant to Article 9c of Regulation (EC) No 767/2008.

3b.  The visa authority shall consult the multiple-identity detector together with the common identity repository referred to in Article 4(37) of Regulation 2018/XX [on interoperability (borders and visas)] or the SIS or both to assess the differences in the linked identities and shall carry out any additional verification necessary to take a decision on the status and colour of the link as well as to take a decision on the issuance or refusal of the visa of the person concerned.

In accordance with Article 59(1) of Regulation 2018/XX [on interoperability (borders and visas)], this paragraph shall apply only as from the start of operations of the multiple-identity detector.”;

"

(c)  paragraph 4 is replaced by the following:"

“4. The consulate shall verify, using the information obtained from the EES, whether the applicant will not exceed with the intended stay the maximum duration of authorised stay in the territory of the Member States, irrespective of possible stays authorised under a national long-stay visa or a residence permit issued by another Member State.”;

"

(4)  the following Article 21a is inserted:"

“Article 21a

Specific risk indicators

-1.  The specific risk indicators shall be an algorithm enabling profiling as defined in point (4) of Article 4 of Regulation (EU) 2016/679 through the comparison of the data recorded in an application file with specific risk indicators pointing to security, illegal immigration or high epidemic risks. The specific risk indicators shall be registered in VIS. [Am. 235]

1.  Assessment of The Commission shall adopt a delegated act in accordance with Article 51a to further define the risks related to security or illegal immigration or a high epidemic risks shall be based on the basis of: [Am. 236]

   (a) statistics generated by the EES indicating abnormal rates of overstayers and refusals of entry for a specific group of travellers holding a visa;
   (b) statistics generated by the VIS in accordance with Article 45a indicating abnormal rates of refusals of visa applications due to an irregular migration, or security or public health risk associated with a specific group of travellers an applicant; [Am. 237]
   (c) statistics generated by the VIS in accordance with Article 45a and the EES indicating correlations between information collected through the application form and overstay or refusals of entry;
   (d) information substantiated by factual and evidence-based elements provided by Member States concerning specific security risk indicators or threats identified by that Member State;
   (e) information substantiated by factual and evidence-based elements provided by Member States concerning abnormal rates of overstayers and refusals of entry for a specific group of travellers for that Member State;
   (f) information concerning specific high epidemic risks provided by Member States as well as epidemiological surveillance information and risk assessments provided by the European Centre for Disease Prevention and Control (ECDC) and disease outbreaks reported by the World Health Organisation (WHO).

2.  The Commission shall adopt an implementing act specifying the risks referred to in paragraph 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 52(2). [Am. 238]

3.  Based on the specific risks determined in accordance with this Regulation and the delegated act referred to in paragraph 2 1 specific risk indicators shall be established, consisting of a combination of data including one or several of the following: [Am. 239]

   (a) age range, sex, nationality;
   (b) country and city of residence;
   (c) Member State(s) of destination;
   (d) Member State of first entry;
   (e) purpose of travel;
   (f) current occupation.

4.  The specific risk indicators shall be targeted and proportionate. They shall in no circumstances be based solely on a person's sex or age. They shall in no circumstances be based on information revealing a person’s race, colour, ethnic or social origin, genetic features, language, political or any other opinions, religion or philosofical belief, trade union membership, membership of a national minority, property, birth, disability or sexual orientation.

5.  The specific risk indicators shall be adopted by the Commission by implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 52(2).

6.  The specific risk indicators shall be used by the visa authorities when assessing whether the applicant presents a risk of illegal immigration, or a risk to the security of the Member States, or a high epidemic risk in accordance to Article 21(1). [Am. 240]

7.  The specific risks and the specific risk indicators shall be regularly reviewed by the Commission and the European Union Agency for Fundamental Rights."; [Am. 241]

"

(4a)  Article 39 is replaced by the following:"

“Article 39

Conduct of staff and respect for fundamental rights

1.  Member States’ consulates shall ensure that applicants are received courteously. Consular staff shall fully respect human dignity when carrying out their duties.

2.  Consular staff shall fully respect fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union when carrying out their duties. Any measures taken shall be proportionate to the objectives pursued by such measures.

3.  While performing their tasks, consular staff shall not discriminate against persons on any grounds such as sex, racial or ethnic origin, colour, social origin, genetic features, language, political or any opinion, membership of a national minority, property, birth, religion or belief, disability, age or sexual orientation. The best interests of the child shall be a primary consideration.”; [Am. 242]

"

(4b)  the following Article is inserted:"

“Article 39a

Fundamental Rights

When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union, relevant international law, including the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951, obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights. In accordance with the general principles of Union law, decisions under this Regulation shall be taken on an individual basis. The best interests of the child shall be a primary consideration.”; [Am. 243]

"

(5)  Article 46 is replaced by the following:"

"Article 46

Compilation of statistics

The Commission shall, by 1 March each year, publish the compilation of the following annual statistics on visas per consulate and border crossing point where individual Member States process visa applications:

   (a) number of airport transit visas applied for, issued and refused;
   (b) number of uniform single entry, and multiple entry visa applied for, issued (disaggregated by length of validity: 1, 2, 3, 4 and 5 years) and refused;
   (c) number of visas with limited territorial validity issued.

These statistics shall be compiled on the basis of the reports generated by the central repository of data of the VIS in accordance with Article 17 of Regulation (EC) No 767/2008.";

"

(5a)  the following Article is inserted:"

“Article 51a

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 21a shall be conferred on the Commission for a period of five years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. 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.

3.   The delegation of power referred to in Article 21a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Article 21a 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 to 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 of the Council.”; [Am. 244]

"

(6)  In Article 57, paragraphs 3 and 4 are deleted.

Article 4

Amendments to Regulation (EU) 2017/2226

Regulation (EU) 2017/2226 is amended as follows:

(1)  in Article 9(2), the following sub-paragraph is added:"

"The EES shall provide the functionality for the centralised management of this list. The detailed rules on managing this functionality shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68(2) of this Regulation.";

"

(2)  in Article 13, paragraph 3 is replaced by the following:"

"3. In order to fulfil their obligation under point (b) of Article 26(1) of the Convention implementing the Schengen Agreement, carriers shall use the web service to verify whether a short-stay visa is valid, including if the number of authorised entries have already been used or if the holder has reached the maximum duration of the authorised stay or, as the case may be, if the visa is valid for the territory of the port of destination of that travel. Carriers shall provide the data listed under points (a), (b) and (c) of Article 16(1) of this Regulation. On that basis, the web service shall provide carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received in accordance with the applicable law. Carriers shall establish an authentication scheme to ensure that only authorised staff may access the web service. It shall not be possible to regard the OK/NOT OK answer as a decision to authorise or refuse entry in accordance with Regulation (EU) 2016/399. In cases where passengers are not allowed to board due to a query in VIS, carriers shall provide passengers with that information and the means to exercise their rights to access, rectification and erasure of personal data stored in VIS."; [Am. 245]

"

(2a)  In Article 14, paragraph 3 is replaced by the following:"

“3. Where it is necessary to enter or update the entry/exit record data of a visa holder, the border authorities may retrieve from the VIS and import into the EES the data provided for in point (d) of Article 16(1) and points (c) to (f) of Article 16(2) of this Regulation in accordance with Article 8 of this Regulation and Article 18a of Regulation (EC) No 767/2008.”; [Am. 246]

"

(2b)  Article 15 is amended as follows:

(a)  paragraph 1 is replaced by the following:"

“1. Where it is necessary to create an individual file or to update the facial image referred to in point (b) of Article 17(1), the facial image shall be taken live.”; [Am. 247]

"

(b)  the following paragraph is inserted:"

“1a. The facial image referred to in point (d) of Article 16(1) shall be retrieved from VIS and imported into the EES.”; [Am. 248]

"

(c)  paragraph 5 is deleted; [Am. 249]

(3)  in Article 35(4), the expression "through the infrastructure of the VIS" is deleted.

Article 5

Amendments to Regulation (EU) 2016/399

Regulation (EU) 2016/399 is amended as follows:

(1)   in Article 8(3), the following point (ba) is added:"

“(ba) if the third-country national holds a long stay visa or a residence permit, the thorough checks on entry shall also comprise verification of the identity of the holder of the long-stay visa or residence permit and the authenticity of the long-stay visa or residence permit by consulting the Visa Information System (VIS) in accordance with Article 22g of Regulation (EC) No 767/2008;

in circumstances where verification of the document holder or of the document in accordance with Articles 22g of that Regulation, as applicable, fails or where there are doubts as to the identity of the holder, the authenticity of the document and/or the travel document, the duly authorised staff of those competent authorities shall proceed to a verification of the document chip.”;

"

(2)  in Article 8(3), points (c) to (f) are deleted.

Article 7

Amendments to Regulation (EU) XXX on establishing a framework for interoperability between EU information systems (borders and visa) [interoperability Regulation]

Regulation (EU) XXX on establishing a framework for interoperability between EU information systems (borders and visa) [interoperability Regulation] is amended as follows:

(1)  in Article 13(1), point (b) is replaced by the following:"

"(b) the data referred to in Article 9(6), Article 22c(2)(f) and (g) and Article 22d(f) and (g) of Regulation (EC) No 767/2008;"

"

(2)  In Article 18(1), point (b) is replaced by the following:"

"(b) the data referred to in Article 9(4)(a), (b) and (c) to (cc), Article 9 (5) and (6), Article 22c(2)(a) to (cc), (f) and (g), Article 22d(a), (b), (c), (f) and (g) of Regulation (EC) No 767/2008;" [Am. 250]

"

(3)  in Article 26(1), point (b) is replaced by the following:"

"(b) competent authorities referred to in Article 6(1) and (2) of Regulation (EC) No 767/2008 when creating or updating an application file or an individual file in the VIS in accordance with Article 8 or Article 22a of Regulation (EC) No 767/2008;";

"

(4)  Article 27 is amended as follows:

(a)  in paragraph 1, point (b) is replaced by the following:"

"(b) an application file or an individual file is created or updated in the VIS in accordance with Article 8, or Article 22a of Regulation (EC) No 767/2008;";

"

(b)  in paragraph 3, point (b) is replaced by the following:"

"(b) surname (family name); first name(s) (given name(s)); date of birth, sex and nationality(ies) as referred to in Article 9(4)(a), in Article 22c(2)(a) and in Article 22d(a) of Regulation (EC) No 767/2008;";

"

(5)  in Article 29(1), point (b) is replaced by the following:"

"(b) the competent authorities referred to in Article 6(1) and (2) of Regulation (EC) No 767/2008 for hits that occurred when creating or updating an application file or an individual file in the VIS in accordance with Article 8 or Article 22a of Regulation (EC) No 767/2008;".

"

Article 8

Repeal of Decision 2008/633/JHA

Decision 2008/633/JHA is repealed. References to Decision 2008/633/JHA shall be construed as references to Regulation (EC) No 767/2008 and shall be read in accordance with the correlation table in Annex 2“.

Article 9

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from ... [two years after the date of entry into force] with the exception of the provisions on implementing and delegated acts provided for in points (6), (7), (26), (27), (33) and (35) of Article 1, point (4) of Article 3 and point (1) of Article 4, which shall apply from the date of entry into force of this Regulation.

By ... [one year after the entry into force of this Regulation] the Commission shall submit a report to the European Parliament and to the Council on the state of play of the preparation of the full implementation of this Regulation. That report shall also contain detailed information on the costs incurred and information as to any risks which may impact the overall costs. [Am. 251]

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX 2

Correlation table

Council Decision 2008/633/JHA

Regulation (EC) No 767/2008

Article 1

Subject matter and scope

Article 1

Subject matter and scope

Article 2

Definitions

Article 4

Definitions

Article 3

Designated authorities and central access points

Article 22k

Member States' designated authorities

Article 22l

Europol

Article 4

Procedure for access to the VIS

Article 22m

Procedure for access to the VIS for law enforcement purposes

Article 5

Conditions for access to VIS data by designated authorities of Member States

Article 22n

Conditions for access to VIS data by designated authorities of Member States

Article 6

Conditions for access to VIS data by designated authorities of a Member State in respect of which Regulation (EC) No 767/2008 has not yet been put into effect

Article 22r

Conditions for access to VIS data by designated authorities of a Member State in respect of which this Regulation has not yet been put into effect

Article 7

Conditions for access to VIS data by Europol

Article 22p

Procedure and conditions for access to VIS data by Europol

Article 8

Protection of personal data

Chapter VI

Rights and supervision on data protection

Article 9

Data security

Article 32

Data security

Article 10

Liability

Article 33

Liability

Article 11

Self-monitoring

Article 35

Self-monitoring

Article 12

Penalties

Article 36

Penalties

Article 13

Keeping of VIS data in national files

Article 30

Keeping of VIS data in national files

Article 14

Right of access, correction and deletion

Article 38

Right of access, correction and deletion

Article 15

Costs

N/A

Article 16

Keeping of records

Article 22q

Logging and documentation

Article 17

Monitoring and evaluation

Article 50

Monitoring and evaluation

(1)OJ C , , p. .
(2)OJ C , , p. .
(3) Position of the European Parliament of 13 March 2019.
(4)Council Decision 2004/512/EC of 8 June 2004 establishing the Visa information System (VIS) (OJ L 213, 15.6.2004, p. 5).
(5)Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the echange exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
(6)Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
(7)Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, p. 129).
(8)Commission Implementing Decision 2011/636/EU of 21 September 2011 determining the date from which the Visa Information System (VIS) is to start operations in a first region (OJ L 249, 27.9.2011, p. 18).
(9)Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
(10)COM(2016)0205.
(11)''Integrated Border Management (IBM) – Feasibility Study to include in a repository documents for Long-Stay visas, Residence and Local Border Traffic Permits'' (2017).
(12)''Legal analysis on the necessity and proportionality of extending the scope of the Visa Information System (VIS) to include data on long stay visas and residence documents'' (2018).
(13)Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area (9368/1/16 REV 1).
(14)Council Conclusions on the way forward to improve information exchange and ensure the interoperability of EU information systems (10151/17).
(15)''Integrated Border Management (IBM) – Feasibility Study to include in a repository documents for Long-Stay visas, Residence and Local Border Traffic Permits'' (2017).
(16)''Legal analysis on the necessity and proportionality of extending the scope of the Visa Information System (VIS) to include data on long stay visas and residence documents'' (2018).
(17)COM(2017)0558, p.15.
(18)COM(2018)0251.
(19)Fingerprint Recognition for Children (2013 - EUR 26193).
(20)"Automatic fingerprint recognition: from children to elderly" (2018 – JRC).
(21)''Feasibility and implications of lowering the fingerprinting age for children and on storing a scanned copy of the visa applicant's travel document in the Visa Information System (VIS)'' (2018).
(22)Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(23)Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).
(24)Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(25)Directive (EU) 2016/680 of the European parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
(26)Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
(27)Regulation (EU) …/… of the European Parliament and the Council [full title] (OJ L …, …, p. …).
(28)Regulation (EC) No 45/2001 (EU) 2018/1725 of the European Parliament and of the Council of 18 December 2000 23 October 2018 on the protection of individuals natural persons with regard to the processing of personal data by the Community Union institutions, and bodies, offices and agencies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1)., and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(29)Decision No 1105/2011/EU of the European Parliament and of the Council of 25 October 2011 on the list of travel documents which entitle the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list (OJ L 287, 4.11.2011, p. 9).
(30)Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
(31)Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).
(32)Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).
(33)OJ L 176, 10.7.1999, p. 36.
(34)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 (OJ L 176, 10.7.1999, p. 31).
(35)OJ L 53, 27.2.2008, p. 52.
(36)Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of 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 (OJ L 53, 27.2.2008, p. 1.
(37)Council Decision 2008/149/JHA of 28 January 2008 on the conclusion on behalf of the European Union of 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 (OJ L 53, 27.2.2008, p. 50).
(38)OJ L 160, 18.6.2011, p. 21.
(39)Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).
(40)Council Decision 2011/349/EU of 7 March 2011 on the conclusion on behalf of the European Union of the Protocol between the European Union, the European Community, the Swiss Confederation and 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 relating in particular to judicial cooperation in criminal matters and police cooperation (OJ L 160, 18.6.2011, p. 1).
(41)Council Decision (EU) 2017/1908 of 12 October 2017 on the putting into effect of certain provision of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania (OJ L 269, 19.10.2017, p. 39).


Establishing the Asylum and Migration Fund ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund (COM(2018)0471 – C8-0271/2018 – 2018/0248(COD))
P8_TA(2019)0175A8-0106/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0471),

–  having regard to Article 294(2) and Articles 78(2) and 79(2) and (4) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0271/2018),

–  having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to Rules 59 and 39 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Development and the Committee on Budgets (A8-0106/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council establishing the Asylum, and Migration and Integration Fund [Am. 1]

P8_TC1-COD(2018)0248


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2), and Article 79(2) and (4) and Article 80 thereof, [Am. 2]

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  In the context of the evolving migratory challenges characterised by the need to support strong reception, asylum, integration and migration systems of Member States, prevent and adequately handle in solidarity situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways, investing in efficient and coordinated migration management in the Union is key to realising the Union’s objective of constituting an area of freedom, security and justice pursuant to Article 67(2) of the Treaty on the Functioning of the European Union. [Am. 3]

(2)  The importance of a coordinated approach by the Union and the Member States is reflected in the European Agenda on Migration of May 2015, which stressed the need for a consistent and clear common policy to restore confidence in the Union’s ability to bring together European and national efforts to address migration and work together in an effective way, in accordance with the principles principle of solidarity and fair sharing of responsibility between the Member States as established in Article 80 of the Treaty on the Functioning of the European Union, and was confirmed in its mid-term review of September 2017 and the progress report of March and May 2018. [Am. 4]

(3)  In its conclusions of 19 October 2017, the European Council reaffirmed the need to pursue a comprehensive, pragmatic and resolute approach to migration management that aims to restore control of external borders and reduce irregular arrivals and the number of deaths at sea, and should be based on a flexible and coordinated use of all available Union and Member State instruments. The European Council further called to ensure significantly enhanced returns through actions at both EU and Member States level, such as effective readmission agreements and arrangements. The European Council called moreover for voluntary resettlement programmes to be implemented and developed. [Am. 5]

(4)  In order to support efforts to ensure a comprehensive approach to management of migration grounded on mutual trust, solidarity and responsibility sharing among Member States and Union institutions, with the objective of ensuring a common sustainable Union policy on asylum and immigration, Member States should be supported by adequate financial resources in the form of the Asylum, and Migration and Integration Fund (hereinafter referred to as ‘the Fund’). [Am. 6]

(4a)   The Fund should fully respect human rights, comply with Agenda 2030, the principle of policy coherence for development, as set out in Article 208 TFEU, and the commitments at the international level in relation to migration and asylum, notably the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration (GCM). [Am. 7]

(4b)   Managing the Fund from a development perspective should take into account the various root causes of migration such as conflict, poverty, lack of agricultural capacity, education and inequality. [Am. 8]

(5)  Actions supported by the Fund should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, including the right to the protection of personal data, and with the Union’s and Member States international obligations as regards fundamental rights, including the UN Convention on the Rights of the Child (UNCRC) and the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the Protocol of 31 January 1967. [Am. 9]

(5a)  The principles of gender equality and of non-discrimination, which are among the Union’s core values, should be respected and promoted when implementing the Fund. The Fund should not support any action that contributes to any form of segregation or social exclusion. [Am. 10]

(5b)  In the implementation of the Fund, priority should be given to actions which address the situation of unaccompanied and separated minors through early identification and registration and to actions carried out in the best interests of the child. [Am. 11]

(6)  The Fund should build on the results and investments achieved with the support of its predecessors: the European Refugee Fund established by the Decision 573/2007/EC of the European Parliament and the Council, the European Fund for the Integration of third‑country nationals established by the Council Decision 2007/435/EC, the European Return Fund established by the Decision 575/2007/EC of the European Parliament and the Council for the period 2007-2013 and the Asylum, Migration and Integration Fund for the period 2014-2020, as established by Regulation (EU) No 516/2014 of the European Parliament and of the Council. It should at the same time take into account all relevant new developments.

(7)  The Fund should support solidarity between Member States and the efficient management of migration flows, inter alia by promoting common measures in the area of asylum, including Member States’ efforts in receiving persons in need of international protection through resettlement and humanitarian admission and the transfer of applicants for or beneficiaries of international protection between Member States, enhancing the protection of vulnerable asylum seekers such as children, supporting integration strategies and a more effective legal migration policy, so as creating safe and legal pathways to the Union which should also help to ensure the Union’s long-term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy. As an instrument of internal Union policy and the only funding instrument for asylum and migration at Union level, the Fund should primarily support actions on asylum and migration within the Union. However, within defined limits and subject to the appropriate safeguards, the Fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection, to establish avenues on legal migration and to counter irregular migration and networks of smugglers and traffickers in human beings and ensure the sustainability of safe and dignified return and effective readmission to as well as reintegration in third countries. [Am. 12]

(8)  The migration crisis and the rising number of deaths in the Mediterranean over the past years highlighted the need to reform the Common European Asylum System and to put in place a fairer and more effective system of determining Member States’ responsibility for applicants for international protection as well as a framework for Member States’ resettlement and humanitarian admission efforts with a view to increasing the overall number of available resettlement places globally. At the same time, reform is needed to ensure that efficient and rights based asylum procedures to prevent secondary movements, are in place and accessible, and to provide uniform and appropriate reception conditions for applicants for international protection, uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection,. At the same time, the reform was needed to put in place a fairer and more effective system of determining Member States’ responsibility for applicants for international protection as well as a Union framework for Member States’ resettlement efforts effective and efficient return procedures for irregular migrants. Therefore, it is appropriate for the Fund to provide increased support to Member States’ efforts to fully and properly implement the reformed Common European Asylum System. [Am. 13]

(9)  The Fund should also complement and reinforce the activities undertaken by the European Union Agency for Asylum (EUAA) established by Regulation (EU)../.. [EUAA Regulation](4) Support Office with a view to facilitating and improving the functioning of the common European asylum system, by coordinating and strengthening practical cooperation and coordinating information exchange on asylum, in particular on good practices between Member States, promoting Union and international law and contributing through relevant guidance, including operational standards, to a uniform implementation of Union law on asylum in order to ensure a high degree of uniformity  based on high protection standards as regards procedures for international protection, reception conditions and the assessment of protection needs across the Union, enabling a sustainable and fair distribution of applications for international protection, facilitate convergence in the assessment of applications for international protection across the Union, support supporting the resettlement efforts of the Member States and provide providing operational and technical assistance to Member States for the management of their asylum and reception systems, in particular those whose systems are subject to disproportionate pressure. [Am. 14]

(9a)  The Fund should support the efforts by the Union and the Member States relating to the enhancement of the Member States’ capacity to develop, monitor and evaluate their asylum policies in the light of their obligations under existing Union law. [Am. 15]

(10)  The Fund should support the efforts by the Union and the Member States relating to the enhancement in the implementation of the Member States’ capacity to develop, monitor and evaluate their asylum policies in the light of their obligations under existing Union law, ensuring full respect of fundamental rights, in particular Directives 2013/33/EU(5) (Reception Conditions Directive), 2013/32/EU(6) (Asylum Procedures Directive), 2011/95/EU(7) (Qualification Directive) and 2008/115/EC(8) (Return Directive) of the European Parliament and of the Council, and Regulation (EU) No 604/2013 of the European Parliament and of the Council(9) (Dublin Regulation). [Am. 16]

(11)  Partnerships and cooperation with third countries are an essential component of Union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection. With the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the Member States of third-country nationals or stateless persons in need of international protection, expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries, helping achieve the Union’s migration policy objectives by increasing the Union’s leverage vis-à-vis third countries, and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries, the Fund should provide financial incentives to the implementation of the Union Resettlement [and Humanitarian Admission] Framework. [Am. 17]

(11a)  The Fund should support the efforts made by Member States to provide international protection and a durable solution in their territories to refugees and displaced persons identified as eligible for resettlement or under national humanitarian admission schemes, which should take into account UNHCR Projected Global Resettlement Needs. To contribute in an ambitious and effective manner, the Fund should provide targeted assistance in the form of financial incentives for each person admitted or resettled. [Am. 18]

(12)  Considering the high levels of migration flows to the Union in the last years and the importance of ensuring the cohesion of our societies, it is crucial to support Member States’ policies for early integration of legally staying third-country nationals, including in the priority areas identified in the Action Plan on Integration of third-country nationals adopted by the Commission in 2016. [Am. 19]

(13)  In order to increase efficiency, achieve the greatest Union added value and to ensure the consistency of the Union’s response to foster the integration of third-country nationals, actions financed under the Fund should be specific and complementary to actions financed under the European Social Fund Plus (ESF+) and the European Regional Development Fund (ERDF) Union´s structural funds. Measures financed under this Fund should support measures tailor-made to the needs of third-country nationals that are generally implemented in the early stage stages of integration, and horizontal actions supporting Member States’ capacities in the field of integration, whereas complemented by interventions for to promote the social and economic inclusion of third-country nationals with a longer-term impact should be financed under the ERDF and ESF+ structural funds. [Am. 20]

(13a)   The scope of the integration measures should also include beneficiaries of international protection in order to ensure a comprehensive approach to integration, taking into account the specificities of that target group. Where integration measures are combined with reception, actions should, where appropriate, also allow asylum seekers to be included. [Am. 21]

(14)  In this context, the authorities of the Member States responsible for the implementation of the Fund should be required to cooperate and establish coordination mechanisms with the authorities identified by Member States for the purpose of the management of the interventions of the ESF+ and of the ERDF structural funds, and wherever necessary with their managing authorities and with the managing authorities of other Union funds contributing to the integration of third-country nationals. Through these coordination mechanisms, the Commission should assess the coherence and complementarity between the funds, and the extent to which measures implemented through each fund contribute to the integration of third country nationals. [Am. 22]

(15)  The implementation of the Fund in this area should be consistent with the Union’s common basic principles on integration, as specified in the common programme for integration.

(16)  It is appropriate to allow those Member States that so wish to provide in their programmes that integration actions may include immediate relatives of third-country nationals, thus supporting family unity in the best interests of the child, to the extent that this is necessary for the effective implementation of such actions. The term ‘immediate relative’ should be understood as meaning spouses, partners and any person having direct family links in descending or ascending line with the third-country national targeted by the integration action, and who would otherwise not be covered by the scope of the Fund. [Am. 23]

(17)  Considering the crucial role played by local and regional authorities and civil society organisations their representative associations in the field of integration and to facilitate the direct access of these entities to funding at Union level, the Fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations, including through the use of the thematic facility and through a higher co-financing rate for these actions and the use of a dedicated component of the thematic facility where those local and regional authorities have the competence to carry out integration measures. [Am. 24]

(18)  Considering the long-term economic and demographic challenges faced by the Union and the increasingly globalised nature of migration, it is crucial to establish well-functioning legal migration channels to the Union to maintain the Union as an attractive destination for migrants regular migration, in accordance with Member States’ economic and social needs, and ensure the sustainability of welfare systems and growth of the Union economy, while protecting migrant workers from labour exploitation. [Am. 25]

(19)  The Fund should support Member States in setting up strategies organising and expanding legal migration pathways, enhancing their capacity to develop, implement, monitor and evaluate in general all immigration and integration strategies, policies and measures for legally staying third-country nationals, including in particular Union legal instruments for legal migration. The Fund should also support the exchange of information, best practices and cooperation between different departments of administration and levels of governance, and between Member States. [Am. 26]

(20)  An efficient and dignified return policy is an integral part of the comprehensive migration approach the Union and its Member States pursue. The Fund should support and encourage efforts by the Member States with a view to the effective implementation and further development of common standards on return, with an emphasis on voluntary returns, in particular as set out in Directive 2008/115/EC of the European Parliament and of the Council(10), and of an integrated and coordinated approach to return management. For sustainable return policies, The Fund should equally support related measures in third countries, such as the to facilitate and guarantee safe and dignified return and readmission as well as sustainable reintegration, of returnees as enshrined in the GCM. [Am. 27]

(21)  Member States should give preference to voluntary return and ensure effective, safe and dignified return of irregular migrants. Therefore, the Fund should give preferential support to actions related to voluntary return. In order to promote voluntary return this, Member States should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons and long-term reintegration support. This kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost-effectiveness. The best interests of the child should be a primary consideration in all actions or decisions concerning children in migration, including returns, taking full account of the right of the child to express his or her views. [Am. 28]

(22)  While voluntary and returns should take priority over enforced returns, they are nevertheless interlinked, with mutually reinforcing effect, and Member States should therefore be encouraged to reinforce the complementarities between these two forms of return. The possibility of removals is an important element contributing to the integrity of the asylum and legal migration systems. The Fund should therefore support actions of Member States to facilitate and carry out removals in accordance with the standards laid down in Union law, where applicable, and with full respect for the fundamental rights and dignity of returnees. The Fund should support actions related to return of children only where such return is based on a positive assessment of the best interests of the child. [Am. 29]

(23)  Specific support measures for returnees, with a particular attention to their humanitarian and protection needs, in the Member States and in the countries of return can improve conditions of return and enhance their reintegration. Particular attention should be paid to vulnerable groups. Return decisions should be based on a comprehensive and careful assessment of the situation in the country of origin, including an evaluation of the absorption capacity at the local level. Specific measures and actions supporting countries of origin, and in particular vulnerable people, contribute to ensure the sustainability, safety and effectiveness of returns. These measures should be implemented with the active participation of local authorities, civil society and diasporas. [Am. 30]

(24)  Formal readmission agreements and other arrangements are an integral and crucial component of the Union return policy and a central tool for the efficient management of migration flows, as they facilitate the swift return of irregular migrants. Those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and the Fund should support their implementation in third countries should be supported in the interests of effective, safe and dignified return policies at national and Union level within defined limits and subject to the appropriate safeguards. [Am. 31]

(25)  In addition to supporting the return of persons as provided for in this Regulation integration of third country nationals or stateless persons within Member States, the Fund should also support other measures to counter irregular migration, address incentives for illegal migration or the circumventing of existing trafficking of migrants, to encourage and facilitate the establishment of legal migration rules, thereby safeguarding the integrity of Member States’ immigration systems in the countries of origin, in full compliance with the Principle of Coherence for Sustainable Development. [Am. 32]

(26)  The employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes and endangers the rights of migrant workers, making them vulnerable to rights violations and abuse. The Fund should therefore support Member States, either directly or indirectly, in their implementation of Directive 2009/52/EC of the European Parliament and of the Council(11) which prohibits the employment of illegally staying third-country nationals, provides for a complaints and wage recuperation mechanism for exploited workers and provides for sanctions against employers who infringe that prohibition. [Am. 33]

(26a)   The Member States should support the requests of civil society and workers' associations, such as that concerning the establishment of a European network of reception workers of both genders, in order to connect all workers in Europe operating in the field of migration, to foster a decent welcome and an approach to migration based on human rights and the exchange of good practices in terms of reception and employment opportunities for migrants. [Am. 34]

(27)  The Fund should support Member States, either directly or indirectly, in their implementation of Directive 2011/36/EU of the European Parliament and of the Council(12), which sets forth provisions on assistance, support and protection of victims of trafficking in human beings. These measures should take into account the gender-specific nature of trafficking in human beings. When implementing the Fund, Member States should take into consideration that persons who are obliged to leave their habitual homes for reasons of sudden or progressive climate-related change in the environment that adversely affects their lives or living conditions, have a high risk of falling victims to trafficking in human beings. [Am. 35]

(27a)  The Fund should support in particular the identification and measures addressing the needs of vulnerable asylum seekers - such as unaccompanied minors, or victims of torture or of other serious forms of violence - as set out in the Union asylum acquis. [Am. 36]

(27b)  In order to achieve a fair and transparent distribution of resources among the objectives of the Fund, a minimum level of expenditure should be ensured for certain objectives, whether under direct, indirect, or shared management. [Am. 37]

(28)  The Fund should complement and reinforce the activities undertaken in the field of return by the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 of the European Parliament and of the Council(13), therefore contributing to effective without providing an additional funding stream to the European Integrated Border Management, as defined in Article 4 of that Regulation and Coast Guard Agency, for which the budgetary authority decides on an annual budget which should enable it to carry out all of its tasks. [Am. 38]

(29)  Synergies, consistency, complementarity and efficiency should be sought with other Union funds and any overlap or contradiction between actions should be avoided. [Am. 39]

(30)  The Fund should prioritise financing for actions within the Union itself. The Fund may finance measures in and in relation to third countries supported through the Fund which should be limited in financial terms, while adequate to reach the objectives of the Fund as laid down in Article 3 of this Regulation, and subject to appropriate safeguards. Such measures should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence and complementarity should be sought with the principles and general objectives of the Union’s external action and foreign policy in respect of the country or region in question and the Union international commitments. In relation to the external dimension, the Fund The principle of policy coherence for development, as set out in paragraph 35 of the European Consensus on Development, should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union's migration policy be respected. Coherence with the humanitarian principles as set out in the European Consensus on Humanitarian Aid should be ensured during the implementation of emergency assistance. [Am. 40]

(31)  Funding from the Union budget should concentrate on activities where Union intervention can bring added value compared to action undertaken by Member States alone. Financial support provided under this Regulation should contribute, in particular, to Member State solidarity on asylum and migration in accordance with Article 80 TFEU, and to strengthening national and Union capabilities in the areas of asylum and migration. [Am. 41]

(32)  A Member State may be deemed not to be compliant with the relevant Union acquis, including as regards the use of operating support under this Fund, if it has failed to fulfil its obligations under the Treaties in the area of asylum and return, if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on asylum and return or if an evaluation report under the Schengen or the European Union Agency for Asylum evaluation and monitoring mechanism has identified deficiencies in the relevant area.

(33)  The Fund should reflect the need for increased transparency, flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the policy and specific objectives laid down in this Regulation. The implementation of the Fund should be guided by the principles of efficiency, effectiveness and quality of spending. Furthermore, the implementation of the Fund should be as user-friendly as possible. [Am. 43]

(34)  This Regulation should establish the initial amounts to Member States consisting of a fixed amount and an amount calculated on the basis of criteria laid down in Annex I, which reflect the needs and pressure experienced by different Member States in the areas of asylum, migration, integration and return. Particular attention should be given to insular societies facing disproportionate migration challenges. [Am. 44]

(35)  These initial amounts should form a basis for Member States’ long-term investments. To take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third-country nationals, to develop legal migration and counter irregular migration through efficient, rights compliant and sustainable return policy, an additional amount should be allocated to the Member States at mid-term taking into account the absorption rates. This amount should be based on the latest available statistical data as set out in Annex I to reflect the changes in the baseline situation of Member States. [Am. 45]

(36)  To contribute to the achievement of the policy objective of the Fund, Member States and the Commission should ensure that their Member States’ programmes include actions addressing which contribute to achieving each of the specific objectives of this Regulation. They should ensure furthermore that the allocation of funding to the specific objectives serves those objectives in the best possible way and is based on the most up-to-date needs, that the programmes include a minimum level of expenditure with respect to those objectives, that the sharing of resources to objectives is in proportion to the challenges faced, that the priorities chosen are in line with the implementation measures as set out in Annex II and that the allocation of resources between the objectives ensures that the overall policy objective can be met. [Am. 46]

(37)  As challenges in the area of migration are constantly evolving, there is a need to adapt the allocation of funding to the changes in migration flows. To respond to pressing needs and changes in policy and Union priorities, and to steer funding towards actions with a high level of Union added value, part of the funding will be periodically allocated to specific actions, Union actions, actions of local and regional authorities, emergency assistance, resettlement and to provide additional support for Member States contributing to solidarity and responsibility efforts via a thematic facility. [Am. 47]

(38)  Member States should be encouraged to use part of their programme allocation to fund the actions listed in Annex IV by benefiting from a higher Union contribution.

(38a)  Efforts made by Member States to fully and properly implement the Union asylum acquis, including to grant appropriate reception conditions to applicants for, and beneficiaries of, international protection, to ensure the correct determination of status, in accordance with Directive 2011/95/EU, to apply fair and effective asylum procedures, should be supported by the Fund, in particular when those efforts are directed to unaccompanied minors for whom costs are higher. Member States should therefore receive a lump sum for each unaccompanied minor who is granted international protection, however this lump sum should not be cumulative to additional funding provided under this Regulation for resettlement. [Am. 48]

(39)  Part of the available resources under the Fund could also be allocated to Member States’ programmes for the implementation of specific actions in addition to the initial allocation. These specific actions should be identified at Union level and should concern actions which require cooperative effort or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States.

(40)  The Fund should contribute to supporting operating costs related to asylum and return immigration and enable Member States to maintain capabilities which are crucial for that service for the Union as a whole. Such support consists of full reimbursement of specific costs related to the objectives under the Fund and should form an integral part of the Member States’ programmes. [Am. 49]

(41)  To complement the implementation of the policy objective of this Fund at national level through Member States’ programmes, the Fund should also provide support for actions at Union level. Such actions should serve overall strategic purposes within the scope of intervention of the Fund relating to policy analysis and innovation, transnational mutual learning and partnerships and the testing of new initiatives and actions across the Union while respecting the need to provide adequate funding, in a fair and transparent manner, to achieve the objectives of the Fund. Through these actions the protection of fundamental rights in the implementation of the Fund should be ensured. [Am. 50]

(42)  In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressure in one or more Member States characterised by a large or disproportionate inflow of third-country third country nationals, in one or more Member States which places significant and urgent demands on their reception and detention facilities, asylum and migration management systems and procedures, heavy or migratory pressures challenges or significant resettlement needs in third countries due to political developments, or conflicts or natural disasters, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation. [Am. 51]

(43)  This Regulation should ensure the continuation of the European Migration Network set up by Council Decision 2008/381/EC(14) and should provide financial assistance in accordance with its objectives and tasks.

(44)  The policy objective of this Fund will be also addressed through financial instruments and budgetary guarantee under the policy windows of the InvestEU. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the Internal market. Actions should have a clear European added value. [Am. 52]

(45)  This Regulation lays down a financial envelope for the entire Asylum and Migration Fund which is to constitute the prime reference amount, within the meaning of [reference to be updated as appropriate according to the new inter-institutional agreement: point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(15)], for the European Parliament and the Council during the annual budgetary procedure.

(46)  Regulation (EU) No …/… [Financial Regulation] applies to this Fund. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees.

(47)  For the purpose of implementation of actions under shared management, the Fund should form part of a coherent framework consisting of this Regulation, Financial Regulation and Regulation (EU) …/2021 [Common Provisions Regulation]. In the event of conflicting provisions, this Regulation should take precedence over Regulation(EU) No X [CPR]. [Am. 53]

(48)  Regulation (EU) …/2021 [Common Provisions Regulation] establishes Beyond the framework for action for ERDF, ESF+, the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), setting up financial rules common to several Union funds, including the Asylum, and Migration Fund (AMF), the Internal Security Fund (ISF) and the Border Management and Visa Instrument (BMVI) as a part of the Integrated Border Management Fund (IBMF), and lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for Union funds implemented under shared management. and Integration Fund (AMIF), it is therefore necessary to specify the objectives of AMF AMIF, and to lay down specific provisions concerning the type of activities that may be financed by AMF AMIF. [Am. 54]

(49)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

(50)  In accordance with the Financial Regulation(16), Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(17), Council Regulation (Euratom, EC) No 2988/95(18), Council Regulation (Euratom, EC) No 2185/96(19) and Council Regulation (EU) 2017/1939(20), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and/or criminal sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other criminal offences affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council(21). In accordance with the Financial Regulation, any person or entity receiving Union funds is to cooperate fully in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. Member States are to cooperate fully and give all the necessary assistance to the Union’s institutions, agencies and bodies in order to protect the Union’s financial interests. The results of investigations into irregularities or fraud in relation to the Fund should be made available to the European Parliament. [Am. 55]

(51)  Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 of the TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

(51a)  Where there is clear evidence that the legality of projects, or the legality and regularity of funding, or the performance of projects would be put in doubt as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU, the Commission should ensure that there is no funding available for these projects. [Am. 56]

(52)  Pursuant to Article 94 of Council Decision 2013/755/EU(22), persons and entities established in overseas countries and territories (OCTs) are eligible for funding subject to the rules and objectives of the Fund and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked.

(53)  Pursuant to Article 349 of the TFEU and in line with the Commission Communication 'A stronger and renewed strategic partnership with the EU's outermost regions'(23), endorsed by the Council in its conclusion of 12 April 2018, relevant Member States should ensure that their national strategies and programmes address the specific challenges the outermost regions face in managing migration. The Fund supports these Member States with adequate resources to help these regions manage migration sustainably and handle possible situations of pressure.

(53a)   Civil society organisations, local and regional authorities and national parliaments in the Member States and in third countries should be consulted during the process of programming, implementing and evaluating the programmes financed through the Fund. [Am. 57]

(54)  Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Fund on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, including qualitative and quantitative indicators, as a basis for evaluating the effects of the Fund on the ground. In order to measure the achievements of the Fund, common indicators and related targets should be established in relation to each specific objective of the Fund. Through these common indicators and financial reporting, the Commission and the Member States should monitor the implementation of the Fund, in accordance with the relevant provisions of Regulation (EU) …/2021 of . To adequately fulfil its supervisory role, the Commission should be in a position to establish the amounts actually spent from the Fund in a given year. When reporting the annual accounts of their national programme to the Commission, Member States should therefore distinguish between recoveries, pre-financing payments to final beneficiaries and reimbursements of expenditure that was actually incurred. To facilitate the audit and the monitoring of the implementation of the Fund, the Commission should include these amounts in its annual implementation report for the Fund as well as monitoring results and implementation of actions of the Fund at local, regional, national and Union level, including specific projects and partners. The Commission should present a summary of the accepted annual performance reports to the European Parliament and of the Council [Common Provisions Regulation] and this Regulation every year. Reports outlining monitoring results and implementation of actions under the Fund at both Member States and Union level should be made publicly available and presented to the European Parliament. [Am. 58]

(55)  Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Fund will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives over the MFF 2021-2027 period and an annual target of 30 % as soon as possible and at the latest by 2027. Relevant actions will be identified during the Fund's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. [Am. 59]

(56)  In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the work programmes for the thematic facility, list of actions eligible for support by the instrument in Annex III, list of actions eligible for higher co-financing as listed in Annex IV, operating support provided for in Annex VII and in order to develop further the common monitoring and evaluation framework. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with civil society organisations, including migrants and refugees organisations, and that these consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016. [Am. 60]

(57)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(24). The examination procedure should be used for implementing acts that lay down common obligations on Member States, in particular on the provision of information to the Commission, and the advisory procedure should be used for the adoption of implementing acts relating to the arrangements for providing information to the Commission in the framework of programming and reporting, given their purely technical nature.

(58)  Since the objective objectives of this Regulation, namely to enhance solidarity between Member States contribute to an effective management of migration flows in the Union, in accordance with and to the implementation, strengthening and development of the common policy on asylum, and international subsidiary protection and temporary protection and of the common immigration policy, cannot be sufficiently achieved by the Member States acting alone and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. [Am. 61]

(59)  In accordance with Article 3 of the Protocol on the position of [the United Kingdom] and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland [is not taking part in the adoption of this Regulation and is not bound by it or subject to its application / has notified its wish to take part in the adoption and application of this Regulation].

(60)  In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(61)  It is appropriate to align the period of application of this Regulation with that of Council Regulation (EU, Euratom) …/2021 [Multiannual Financial Framework Regulation],

HAVE ADOPTED THIS REGULATION:

CHAPTER I

General provisions

Article 1

Subject matter

1.  This Regulation establishes the Asylum, and Migration and Integration Fund (‘the Fund’). [Am. 62]

2.  This Regulation lays down the objectives of the Fund, the budget for the period from 2021 to 2027, the forms of Union funding and the rules for providing such funding.

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a)  'applicant for international protection' means an applicant as defined in point [x] (c) of Article 2 of Regulation (EU) ../.. [Asylum Procedure Regulation](25) Directive 2013/32/EU; [Am. 63]

(b)  'beneficiary of international protection' within the meaning of point (2) (b) of Article [2] of Regulation (EU) ../.. [Qualification Regulation](26) 2 of Directive 2011/95/EU; [Am. 64]

(c)  'blending operation' means actions supported by the Union budget, including within blending facilities as defined in point (6) of Article 2 of the Financial Regulation, combining non-repayable forms of support or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors;

(d)  'family member' means any third-country national as defined under the Union law relevant to the policy area of action supported under the Fund;

(e)  'humanitarian admission' within the meaning of Article [2] of Regulation (EU) ../.. [Union Resettlement [and Humanitarian Admission] Framework](27) scheme means the admission to the territory of the Member States from a third country to which they have been displaced, following, where requested by a Member State, a referral from the UNHCR or another relevant international body, of third-country nationals or stateless persons who are granted international protection or a humanitarian status under national law that provides for rights and obligations equivalent to those of Articles 20 to 32 and Article 34 of Directive 2011/95/EU for beneficiaries of subsidiary protection; [Am. 65]

(f)  'removal' means 'removal' as defined in point (5) of Article 3 of Directive 2008/115/EC;

(g)  'resettlement' means ‘resettlement’ as defined in Article [2] of Regulation (EU)  ../.. [Union Resettlement [and Humanitarian the admission, ] Framework] following a referral from the United Nations High Commissioner for Refugees (‘UNHCR’), of third-country nationals or stateless persons from a third country to which they have been displaced, to the territory of the Member States, and who are granted international protection and have access to a durable solution in accordance with Union and national law; [Am. 66]

(h)  'return' means 'return' as defined in point (3) of Article 3 of Directive 2008/115/EC;

(i)  'third-country national' means any person who is not a citizen of the Union as defined in Article 20(1) of the TFEU. Reference to third-country nationals shall be understood to include stateless persons and persons with undetermined nationality;

(j)  'vulnerable person' means any person as defined under the Union law relevant to the policy area of action supported under the Fund.

(ja)  ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after he or she has entered the territory of the Member States. [Am. 67]

Article 3

Objectives of the Fund

1.  The policy objective of the Fund shall be to contribute to an efficient management of migration flows implementation, strengthening and development of all aspects of the common European asylum policy under Article 78 TFEU and of the common European immigration policy under Article 79 TFEU in line with the relevant Union acquis and in compliance with principle of solidarity and fair-sharing of responsibility, while fully respecting the Union’s commitments on and the Member States’ obligations under international law and the rights and principles enshrined in the Charter of Fundamental Rights of the European Union. [Am. 68]

2.  Within the policy objective set out in paragraph 1, the Fund shall contribute to the following specific objectives:

(a)  to strengthen and develop all aspects of the Common European Asylum System, including its external dimension;

(b)  to support strengthen and develop legal migration to the policies on the European and national level in accordance with Member States including to contribute to the integration of third-country nationals economic and social needs; [Am. 69]

(c)  to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries. and promote the effective integration and social inclusion of third-country nationals in complementarity with other Union funds; [Am. 70]

(ca)  to contribute to countering irregular migration and ensuring effective, safe and dignified return, readmission and reintegration in third countries; [Am. 71]

(cb)  to ensure solidarity and fair sharing of responsibility between the Member States, in particular towards those most affected by migration challenges, including through practical cooperation; [Am. 72]

3.  Within the specific objectives set out in paragraph 2, the Fund shall be implemented through the implementation measures listed in Annex II.

Article 3a

Partnership

For this Fund, partnerships shall include at least local and regional authorities or their representative associations, relevant international organisations, non-governmental organisations, in particular refugee and migrants organisations, national human rights institutions and equality bodies, and economic and social partners.

These partners shall be involved in a meaningful way in the preparation, implementation, monitoring and evaluation of programmes. [Am. 73]

Article 4

Scope of support

1.  Within the objectives referred to in Article 3, and in line In accordance with the implementation measures listed in Annex II, the Fund shall in particular support the actions that contribute to the achievement of the objectives referred to in Article 3 and are listed in Annex III. The Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend the list of actions eligible for support from the Fund in Annex III. [Am. 74]

2.  To achieve the objectives referred to in Article 3 of this Regulation, the Fund may, in exceptional cases, within defined limits and subject to appropriate safeguards, support the actions in line with the Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5 and 6. [Am. 75]

2a.  Without prejudice to the provisions of Article 16, the total amount of funding for supporting actions in or in relation to third countries under the thematic facility in accordance with Article 9 shall not exceed 5 % of the total amount allocated to the thematic facility under point (b) of Article 8(2). [Am. 76]

2b.  Without prejudice to the provisions of Article 16, the total amount of funding for supporting actions in or in relation to third countries under the Member States’ programmes in accordance with Article 13 shall not exceed, for each Member State, 5 % of the total amount allocated to that Member State in accordance with point (a) of Article 8(2), Article 11(1) and Annex I. [Am. 77]

2c.  Actions supported under this paragraph shall be fully coherent with measures supported through the external financing instruments of the Union and with the general principles and general objectives of the Union’s external action. [Am. 78]

3.  The objectives of this Regulation shall support actions focusing on one or more target groups within the scope of Articles 78 and 79 of the Treaty on the Functioning of the European Union.

Article 4a

Gender equality and non-discrimination

The Commission and the Member States shall ensure that gender equality and the integration of the gender perspective are an integral part of, and are promoted during, the various stages of the implementation of the Fund. The Commission and the Member States shall take all appropriate steps to prevent any discrimination based on sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or other opinion, membership of a national minority, property, birth, disability, age or sexual orientation in access to the Fund and during the various stages of the implementation of the Fund. [Am. 79]

Article 5

Third countries associated to the Fund

The Fund shall be open to Schengen Associated third countries in accordance with the conditions laid down in a specific agreement to be adopted in accordance with Article 218 TFEU covering the participation of the third country to the Asylum and Migration Fund, provided that the agreement: [Am. 80]

–  ensures a fair balance as regards the contributions and benefits of the third country participating in the Fund;

–  lays down the conditions of participation in the Fund, including the calculation of financial contributions to the Fund and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of the Financial Regulation;

–  does not confer to the third country a decisional power on the Fund;

–  guarantees the rights of the Union to ensure sound financial management and to protect its financial interests.

When drawing up the specific agreement referred to in this Article, the Commission shall consult the European Union Agency for Fundamental Rights, in particular with regard to the fundamental rights aspects of the agreement. [Am. 81]

Article 6

Eligible entities

1.  The following entities may be eligible:

(a)  legal entities established in any of the following countries:

(1)  a Member State or an overseas country or territory linked to it;

(2)  third country associated to the Fund;

(3)  a third country listed in the work programme under the conditions specified therein, and subject to the condition that all actions by, in, or in relation to that third country fully respect the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, and the international obligations of the Union and the Member States; [Am. 82]

(b)  any legal entity created under Union law or any relevant international organisation. [Am. 83]

2.  Natural persons are not eligible.

3.  Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action. [Am. 84]

4.  Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states or in third countries are eligible when this contributes to the achievement of the objectives of the Fund as laid down in Article 3 of this Regulation. [Am. 85]

CHAPTER II

FINANCIAL AND IMPLEMENTATION FRAMEWORK

Section 1

Common provisions

Article 7

General principles

1.  Support provided under this Regulation shall complement national, regional and local intervention, and shall focus on adding bringing Union added value to the objectives of this Regulation. [Am. 86]

2.  The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to and coordinated with national instruments and other Union instruments and measures funded under other Union funds, in particular the structural funds and external financing instruments of the Union. [Am. 87]

3.  The Fund shall be implemented in shared, direct or indirect management in accordance with Articles [62(1) (a), (b) and (c)] of the Financial Regulation.

Article 8

Budget

1.  The financial envelope for the implementation of the Fund for the 2021-2027 period shall be EUR 9 204 957 000 in 2018 prices (EUR 10 415 000 000 in current prices). [Am. 88]

2.  The financial resources shall be used as follows:

(a)  EUR 5 522 974 200 in 2018 prices (EUR 6 249 000 000 in current prices) shall be allocated to the programmes implemented under shared management; [Am. 89]

(b)  EUR 3 681 982 800 in 2018 prices (EUR 4 166 000 000 in current prices) shall be allocated to the thematic facility. [Am. 90]

3.  Up to 0.42 % of the financial envelope shall be allocated for technical assistance at the initiative of the Commission as referred to in Article 29 of the Regulation EU ../.. [Common Provisions Regulation]. [Am. 91]

Article 9

General provisions on the implementation of the thematic facility

1.  The financial envelope referred to in Article 8(2)(b) shall be allocated flexibly through the thematic facility using shared, direct and indirect management as set out in work programmes. Funding from the thematic facility shall be used for its components:

a)  specific actions;

b)  Union actions;

c)  emergency assistance;

d)  resettlement;

e)  support to Member States, contributing including to local and regional authorities, and to international and non-governmental organisations, which contribute to solidarity and responsibility efforts; and [Am. 92]

f)  European Migration Network.

Technical assistance at the initiative of the Commission shall also be supported from the financial envelope for the thematic facility.

2.  Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs in line with agreed Union priorities as outlined in Annex II and through the eligible actions in Annex III.

The Commission shall ensure regular engagement with civil society organisations in the preparation, implementation, monitoring and evaluation of work programmes.

A minimum of 20 % of the funding from the thematic facility shall be allocated to the specific objective referred to in point (a) of Article 3(2).

A minimum of 10 % of the funding from the thematic facility shall be allocated to the specific objective referred to in point (b) of the first subparagraph of Article 3(2).

A minimum of 10 % of the funding from the thematic facility shall be allocated to the specific objective referred in point (c) of the first subparagraph of Article 3(2).

A minimum of 10 % of the funding from the thematic facility shall be allocated to the specific objective referred to in point (cb) of the first subparagraph of Article 3(2). [Am. 93]

3.  When funding from the thematic facility is granted in direct or indirect management to Member States, it no funding shall be ensured that selected available for projects are not affected by where there is clear evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be put in doubt as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of projects. [Am. 94]

4.  When funding from the thematic facility is implemented in shared management, the Commission shall, for the purposes of Articles 18 and 19(2) of Regulation EU ../.. [Common Provisions Regulation], assess whether the foreseen actions are not affected by ensure that no funding is available for projects where there is clear evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects would be put in doubt as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of the projects. [Am. 95]

5.  The Commission shall establish the overall amount made available for the thematic facility under the annual appropriations of the Union budget. The Commission shall adopt financing decisions as referred to in delegated acts in accordance with Article [110] of the Financial Regulation 32 to lay down work programmes for the thematic facility identifying objectives and actions to be supported and specifying the amounts for each of its components as referred to in paragraph 1. Financing decisions The work programmes shall set out, where applicable, the overall amount reserved for blending operations be made publicly available. [Am. 96]

6.  The thematic facility shall in particular, support actions falling under the implementation measure 2(b) 2a of Annex II that are implemented by the local and regional authorities or civil society organisations. In that regard, a minimum of 5 % of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities implementing integration actions. [Am. 97]

7.  Following the adoption of a financing decision work programmes as referred to in paragraph 5, the Commission may amend the programmes implemented under shared management accordingly. [Am. 98]

8.  These financing decisions work programmes may be annual or multiannual and may cover one or more components of the thematic facility. [Am. 99]

SECTION 2

SUPPORT AND IMPLEMENTATION UNDER SHARED MANAGEMENT

Article 10

Scope

1.  This section applies to the part of the financial envelope referred to in Article 8(2)(a), and additional resources to be implemented under shared management according to the Commission decision for the thematic facility referred to in Article 9.

2.  Support under this section shall be implemented under shared management in accordance with Article [63] of the Financial Regulation and the Regulation EU ../.. [ framework setting up financial rules common Provisions Regulation] to several Union funds, including the AMIF. [Am. 100]

Article 11

Budgetary resources

1.  Resources referred to in Article 8(2)(a) shall be allocated to the national programmes (the 'programmes') implemented by Member States under shared management indicatively as follows:

(a)  EUR 5 207 500 000 to the Member States in accordance with Annex I;

(b)  EUR 1 041 500 000 to the Member States for the adjustment of the allocations for the programmes as referred to in Article 14(1).

2.  Where the amount referred to in paragraph 1(b) is not allocated, the remaining amount may be added to the amount referred to in Article 8(2)(b).

Article 12

Co-financing rates

1.  The contribution from the Union budget shall not exceed 75 % of the total eligible expenditure of a project. Member States are encouraged to provide matching funds for activities supported by the Fund. [Am. 101]

2.  The contribution from the Union budget may be increased to 90 % of the total eligible expenditure for projects implemented under specific actions.

3.  The contribution from the Union budget shall be increased to a minimum of 80 % and may be increased to 90 % of the total eligible expenditure for actions listed in Annex IV. [Am. 102]

4.  The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for operating support.

5.  The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for emergency assistance.

6.  The Commission decision approving a programme shall set the co-financing rate and the maximum amount of support from this Fund for the types of actions referred to in paragraphs 1 to 5.

7.  For each specific objective, the Commission decision shall set out whether the co-financing rate for the specific objective is to be applied to:

(a)  the total contribution, including the public and private contributions; or

(b)  the public contribution only.

Article 13

Programmes

1.  Each Member State and the Commission shall ensure that the priorities addressed in its the national programme are consistent with, and respond to, the Union priorities and challenges in the area of asylum and migration management, and are fully in line with the relevant Union acquis and agreed the international obligations of the Union priorities and Member States arising from international instruments to which they are signatories, in particular the UN Convention on the Rights of the Child. In defining the priorities of their programmes Member States shall ensure that the implementation measures set out in Annex II are adequately addressed. In that regard, Member States shall allocate a minimum of 20 % of their allocated funding to the specific objective referred to in point (a) of the first subparagraph of Article 3(2).

Member States shall allocate a minimum of 10 % of their allocated funding to the specific objectives referred to in point (b) of the first subparagraph of Article 3(2).

Member States shall allocate a minimum of 10 % of their allocated funding to the specific objectives referred to in point (c) of the first subparagraph of Article 3(2).

Member States shall allocated a minimum of 10 % of their allocated funding to the specific objective referred to in point (cb) of the first subparagraph of Article 3(2). [Am. 103]

1a.  Member States shall, in addition, ensure that their programmes include actions addressing all the specific objectives of the Fund referred to in Article 3(2) and that the allocation of resources among the objectives ensures that those objectives can be met. When evaluating Member State programmes, the Commission shall ensure that no funding is available for projects where there is clear evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be put in doubt as a result of a reasoned opinion of the Commission in relation to infringement proceedings under Article 258 TFEU. [Am. 104]

2.  The Commission shall ensure that the European Asylum Support Office, the European Union Agency for Asylum Fundamental Rights and the European Border and Coast Guard Agency are associated to the process of developing the programmes at an early stage, as regards the areas of their competence. The Commission shall consult the European Border and Coast Guard Agency, the European Union Agency for Fundamental Rights and the European Asylum Support Office on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the Member States. [Am. 105]

3.  The Commission may associate the European Asylum Support Office, the European Union Agency for Asylum and Fundamental Rights, the European Border and Coast Guard Agency and the UNHCR in monitoring and evaluation tasks as referred to in Section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the Fund are compliant with the relevant Union acquis and agreed Union priorities. [Am. 106]

4.  Further to a any monitoring exercise as carried out, in accordance with Regulation (EU) [ ../..] [EUAA Regulation] or the adoption of recommendations in accordance with Regulation (EU) No 1053/2013 which are within the scope of this Regulation, the Member State concerned shall examine, together with the Commission, and where relevant with the European Asylum Support Office, the European Union Agency for Asylum Fundamental Rights and the European Border and Coast Guard Agency, how to address the findings, including any shortcomings or issues of capacity and preparedness, and shall implement the recommendations through its programme. [Am. 107]

5.  Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 4 and the progress in achieving the milestones and targets as assessed in the annual performance reports referred to in point (a) of Article 30(2). Depending on the impact of the adjustment, the revised programme may be approved by the Commission. [Am. 108]

6.  In cooperation and consultation with the Commission and the relevant agencies in accordance with their competence, as applicable, resources under the programme may be reallocated with the aim of addressing recommendations, as referred to in paragraph 4 that have financial implications.

7.  Member States shall in particular pursue the actions eligible for higher co-financing as listed in Annex IV. In the event of unforeseen or new circumstances or in order to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend the list of actions eligible for higher co-financing as listed in Annex IV.

7a.  National programmes may allow for the inclusion in the actions referred to in point 3a of Annex III of immediate relatives of persons covered by the target group referred to in that point, to the extent that it is necessary for the effective implementation of such actions. [Am. 109]

8.  Without prejudice to the second subparagraph of Article 4(2), whenever a Member State decides to implement projects with or in a third country with the support of the Fund, the Member State concerned shall consult request the approval of the Commission prior to the start of the project. The Commission shall ensure the complementarity and coherence of the planned projects with other Union and Member State actions taken in or in relation to the third country concerned and shall verify that the conditions set out in point (3) of point (a) of Article 6(1) are met. [Am. 110]

9.  Programming as referred to in Article 17(5) of Regulation EU)  …/2021 [Common Provisions Regulation], Each national programme shall be based on set out for each specific objective the types of intervention set out in accordance with Table 1 of Annex VI and provide an indicative breakdown of the programmed resources by type of intervention or area of support. [Am. 111]

9a.  Each Member State shall publish its programme on a dedicated website and forward it to the European Parliament and to the Council. That website shall specify the actions supported in the implementation of the programme and list the beneficiaries. It shall be updated regularly, at least at the same time as the publication of the Annual Performance Report referred to in Article 30. [Am. 112]

Article 14

Mid-term review

-1.  The programmes shall be subject to a mid-term review and evaluation in accordance with Article 29 of this Regulation. [Am. 113]

1.  In 2024 By the end of 2024, and after informing the European Parliament, the Commission shall allocate to the programmes of Member States concerned the additional amount referred to in Article 11(1)(b) in accordance with the criteria referred to in paragraphs 1(b) to 5 of Annex I. Funding shall be effective for the period as of the calendar year 2025. [Am. 114]

2.  If at least 10 30 % of the initial allocation of a programme referred to in Article 11(1)(a) has not been covered by payment applications submitted in accordance with Article [85] of Regulation (EU)  …/2021 [Common Provisions Regulation], the Member State concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1. [Am. 115]

3.  The allocation of the funds from the thematic facility as of 2025 shall, where appropriate, take into account the progress made in achieving milestones of the performance framework as referred to in Article [12] of Regulation (EU) …/2021 [Common Provisions Regulation] and identified implementation shortcomings. [Am. 116]

Article 15

Specific actions

1.  Specific actions are transnational or national projects bringing Union added value in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes. [Am. 117]

2.  Member States may in addition to their allocation calculated in accordance with Article 11(1), receive an additional amount, provided that it is earmarked as such in the programme and is used to contribute to the implementation of the objectives of this Regulation.

3.  The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.

Article 16

Resources for the Union Resettlement [and Humanitarian Admission] Framework

1.  Member States shall receive, in addition to their allocation calculated in accordance with Article 11(1)(a), a contribution of EUR 10 000 for each resettled person in accordance with the targeted Union resettlement scheme. That contribution shall take the form of financing not linked to costs in accordance with Article [125] of the Financial Regulation.

2.  The amount referred to in paragraph 1 shall be allocated to the Member States through the amendment of their programme provided that the person in respect of whom the contribution is allocated was effectively resettled in accordance with the Union Resettlement [and Humanitarian Admission] Framework.

3.  The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.

4.  Member States shall keep the information necessary to allow the proper identification of the resettled persons and of the date of their resettlement. [Am. 118]

Article 16a

Resources for resettlement and humanitarian admission

1.  Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 11(1), receive every two years an additional amount based on a lump sum of EUR 10 000 for each person admitted through resettlement.

2.  Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 11(1), receive every two years an additional amount based on a lump sum of EUR 6 000 for each person admitted through humanitarian schemes.

3.  Where appropriate, Member States may also be eligible for lump sums for family members of persons referred to in paragraph 1 to ensure family unity.

4.  The additional amount referred to in paragraphs 1 and 2 shall be allocated to the Member States every two years, for the first time in the individual financing decisions approving their national programme and later in a financing decision to be annexed to the decisions approving their national programme.

5.  Taking into account the current rates of inflation, relevant developments in the field of resettlement, as well as factors which can optimise the use of the financial incentive brought by the lump sum, and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to adjust, if deemed appropriate, the lump sum referred to in paragraphs 1 and 2 of this Article. [Am. 119]

Article 17

Resources to support the implementation of Regulation ../.. [Dublin Regulation]

1.  A Member State shall receive, in addition to their allocation calculated in accordance with Article 11(1)(a), a contribution of EUR [10 000] for each applicant for international protection for whom that Member State becomes responsible as from when that Member State is in challenging circumstances as defined in Regulation (EU) ../.. [Dublin Regulation].

2.  A Member State shall receive, in addition to their allocation calculated in accordance with Article 11(1)(a), a contribution of EUR [10 000] for each applicant for international protection allocated to that Member State who is above the benefitting Member State's fair share.

3.  A Member State referred to in paragraphs 1 and 2 shall receive an additional contribution of EUR [10 000] per applicant who has been granted international protection for the implementation of integration measures.

4.  A Member State referred to in paragraphs 1 and 2 shall receive an additional contribution of EUR [10 000] per person for whom the Member State can establish on the basis of the updating of the data set referred to in Article 11(d) of Regulation (EU) ../.. [Eurodac Regulation] that the person has left the territory of the Member State, on either a compulsory or voluntarily basis in compliance with a return decision or a removal order.

5.  A Member State shall receive, in addition to its allocation calculated in accordance with Article 11(1)(a), a contribution of EUR [500] for each applicant of international protection transferred from one Member State to another, for each applicant transferred pursuant to point (c) of the first paragraph of Article 34(i) of Regulation (EU) ../… [Dublin Regulation] and, where applicable, for each applicant transferred pursuant to point (g) of Article 34 (j) of Regulation (EU) ../.. [Dublin Regulation].

6.  The amounts referred to in this Article shall take the form of financing not linked to costs in accordance with Article [125] of the Financial Regulation.

7.  The additional amounts referred to in paragraphs 1 to 5 shall be allocated to the Member States in their programmes provided that the person in respect of whom the contribution is allocated was, as applicable, effectively transferred to a Member State, effectively returned or registered as an applicant in the Member State responsible in accordance with Regulation (EU) ../.. [Dublin Regulation].

8.  This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme. [Am. 120]

Article 17a

Resources to support the implementation of Regulation (EU) No 604/2013

1.  The determining Member State shall receive, in addition to its allocation calculated in accordance with point (a) of Article 11(1) of this Regulation, refunding of the costs of reception of an applicant for international protection from the time when the application is made until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant in accordance with Regulation (EU) No 604/2013.

2.  The transferring Member State shall receive, in addition to its allocation calculated in accordance with point (a) of Article 11(1) of this Regulation, refunding of the costs necessary to transfer an applicant or another personas referred to in points (c) and (d) of Article 18(1) of Regulation (EU) No 604/2013.

3.  Each Member State shall, in addition to their allocation calculated in accordance with point (a) of Article 11(1) of this Regulation, receive a lump sum of EUR 10 000 for each unaccompanied minor who is granted international protection in that Member State, provided that the Member State is not eligible for a lump sum payment for that unaccompanied minor under Article 16(1).

4.  The refunding referred to in this Article shall take a form of financing in accordance with Article 125 of the Financial Regulation.

5.  The refunding referred to in paragraph 2 shall be allocated to the Member States in their programmes provided that the person in respect of whom the refunding is allocated was effectively transferred to a Member State in accordance with Regulation (EU) No 604/2013. [Am. 121]

Article 17b

Resources for the transfer of applicants for international protection or beneficiaries of international protection

1.  With a view to implementing the principle of solidarity and fair sharing of responsibility, Member States shall receive, in addition to their allocation calculated in accordance with point (a) of Article 11(1), an additional amount based on a lump sum of EUR 10 000 for each applicant for international protection or beneficiary of international protection transferred from another Member State.

2.  Member States may also be eligible for lump sums for family members of persons referred to in paragraph 1, where appropriate, provided that those family members have been transferred in accordance with this Regulation.

3.  The additional amounts referred to in paragraph 1 shall be allocated to the Member States for the first time in the individual financing decisions approving their national programme and later in a financing decision to be annexed to the decision approving their national programme. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.

4.  To effectively pursue the objectives of solidarity and fair sharing of responsibility between the Member States referred to in Article 80 TFEU, and taking into account the current rates of inflation, relevant developments in the field of transfer of applicants for international protection and of beneficiaries of international protection from one Member State to another and in the field of resettlement and other ad hoc humanitarian admission, as well as factors which can optimise the use of the financial incentive brought by the lump sum, and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to adjust, if deemed appropriate, the lump sum referred to in paragraph 1 of this Article. [Am. 122]

Article 18

Operating support

1.  Operating support is a part of a Member State’s allocation which may be used as support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union;

2.  A Member State may use up to 10 % of the amount allocated under the Fund to its programme to finance operating support under objectives in Article 3(2)(a) and (c). [Am. 123]

3.  The Member States using operating support shall comply with the Union acquis on asylum and return immigration and fully respect the rights and principles enshrined in the Charter of Fundamental Rights of the European Union. [Am. 124]

4.  Member States shall justify in the programme and in the annual performance report as referred to in Article 30 the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall, with the European Asylum Support Office, the European Union Agency for Asylum Fundamental Rights and the European Border and Coast Guard Agency in line with Article 13, assess the baseline situation in the Member States which have indicated their intention to use operating support. The Commission shall take into account the information provided by those Member States and, where relevant, the information available in the light of the monitoring exercises, as carried out in accordance with Regulation (EU) ../.. [EUAA Regulation] by the European Asylum Support Office and Regulation (EU) No 1053/2013, which are within the scope of this Regulation. [Am. 125]

5.  Operating support shall be concentrated on specific tasks and services eligible actions as laid down in Annex VII. [Am. 126]

6.  To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend the list of specific tasks and services eligible actions in Annex VII. [Am. 127]

SECTION 3

SUPPORT AND IMPLEMENTATION UNDER DIRECT AND INDIRECT MANAGEMENT

Article 19

Scope

Support under this section Union shall be implemented either directly by the Commission in accordance with point (a) of Article 62(1) of the Financial Regulation, or indirectly in accordance with point (c) of that Article.

Article 20

Union actions

1.  Union actions are transnational projects or projects of particular interest to the Union implemented in line with the objectives of this Regulation.

2.  At the Commission’s initiative, the Fund may be used to finance Union actions concerning the objectives of this Regulation as referred to in Article 3 and in accordance with Annex III.

3.  Union actions may provide funding in any of the forms laid down in the Financial Regulation in particular grants, prizes and procurement. They may also provide financing in the form of financial instruments within blending operations.

4.  Grants implemented under direct and indirect management shall be awarded and managed in accordance with [Title VIII] of the Financial Regulation. [Am. 128]

4a.  The Commission shall ensure flexibility, fairness and transparency in the distribution of resources among the objectives referred to in Article 3(2). [Am. 129]

5.  The evaluation committee assessing the proposals may be composed of external experts.

6.  Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. The provisions laid down in [Article X of] Regulation (EU) ../.. [successor of the Regulation on the Guarantee Fund] shall apply. [Am. 130]

Article 21

European Migration Network

1.  The Fund shall support the European Migration Network and provide the financial assistance necessary for its activities and its future development.

2.  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 by the Commission, after approval by the Steering Board in accordance with Article 4(5)(a) of Decision 2008/381/EC (as amended). The decision of the Commission shall constitute a financing decision pursuant to Article [110] of the Financial Regulation. To ensure the timely availability of resources, the Commission may adopt the work programme for the European Migration Network in a separate financing decision. [Am. 131]

3.  Financial assistance provided for the activities of the European Migration Network shall take the form of grants to the national contact points referred to in Article 3 of Decision 2008/381/EC and procurements as appropriate, in accordance with the Financial Regulation.

Article 21a

Amendment of Decision 2008/381/EC

The following point is added in Article 5(5) of Decision 2008/381/EC:"

“(da) act as a contact point for potential beneficiaries of funding under the Asylum, Migration and Integration Fund Regulation and provide impartial guidance, practical information and assistance regarding all aspects of the Fund, including in relation to applications for funding under the relevant national programme or the thematic facility.”. [Am. 132]

"

Article 22

Blending operations

Blending operations decided under this Fund, as referred to in point (c) of Article 2(1) shall be implemented in accordance with the [InvestEu regulation] and Title X of the Financial Regulation. [Am. 133]

Article 23

Technical assistance at the initiative of the Commission

The Fund may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission. Those measures may be financed at the rate of 100%.

Article 24

Audits

Audits on the use of the Union contribution carried out by persons or entities, including by other than those mandated by the Union institutions or bodies, shall form the basis of the overall assurance pursuant to Article 127 of Regulation (EU) [Regulation on the financial rules applicable to the general budget of the Union].

Article 25

Information, communication and publicity

1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting promote the actions and their results, by providing coherent, effective and proportionate targeted meaningful information to multiple relevant audiences, including the media and the public in the relevant languages. To ensure the visibility of Union funding, recipients of Union funding shall refer to its origin when communicating on the action. To this end, recipients shall ensure that all communications to the media and the public, display the Union emblem, and explicitly mention the Union’s financial support. [Am. 134]

2.  To reach the widest possible audience, the Commission shall implement information and communication actions relating to the Fund and its actions and results. In particular, the Commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility. The Commission shall also publish the list of operations selected for support under the thematic facility on a publicly available website and shall update that list at least every three months. Financial resources allocated to the Fund shall also contribute to the corporate communication on the implementation of political priorities of the Union, as far as they are related to the objectives of this Regulation. In particular, the Commission may promote best practices and exchange information as regards to the implementation of the instrument. [Am. 135]

2a.  The Commission shall publish the information referred to in paragraph 2 in open, machine readable formats, as set out in Article 5(1) of Directive 2003/98/EC of the European Parliament and of the Council(28), which allows data to be sorted, searched, extracted, compared and reused. It shall be possible to sort the data by priority, specific objective, total eligible cost of operations, total cost of projects, total cost of procurement procedures, name of beneficiary, and name of contractor. [Am. 136]

Section 4

support and implementation under shared, direct and indirect management

Article 26

Emergency assistance

1.  The Fund shall Commission may decide to provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from one or more of the following: [Am. 137]

(a)  heavy migratory pressure in one or more Member States characterised by a an unforeseen large or disproportionate inflow of third-country nationals in one or more Member States, which places significant and urgent demands on their reception and detention facilities, child protection systems, and asylum and migration management systems and procedures; [Am. 138]

(aa)  voluntary relocation; [Am. 139]

(b)  the implementation of temporary protection mechanisms within the meaning of Directive 2001/55/EC(29);

(c)  heavy migratory pressure an unforeseen large or disproportionate inflow of persons in third countries, including where persons in need of protection may be stranded due to political developments, or conflicts or natural disasters, notably where it might have an impact on migration flows towards the EU. [Am. 140]

1a.  Measures implemented in third countries in accordance with this Article shall be consistent with, and, where relevant, complementary to the Union humanitarian policy and respect humanitarian principles as set out in the Consensus on Humanitarian Aid. [Am. 141]

1b.  In cases as described under points (a), (aa), (b) and (c) of paragraph 1 of this Article, the Commission shall inform the European Parliament and the Council without delay. [Am. 142]

2.  Emergency assistance may take the form of grants awarded directly to the decentralised agencies European Asylum Support Office, UNHCR, and local and regional authorities subject to unforeseen large or disproportionate inflows of third country nationals, and in particular those responsible for the reception and integration of unaccompanied child migrants. [Am. 143]

3.  Emergency assistance may be allocated to Member States’ programmes in addition to their allocation calculated in accordance with Article 11(1) and Annex I, provided that it is earmarked as such in the programme. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.

4.  Grants implemented under direct management shall be awarded and managed in accordance with [Title VIII] of the Financial Regulation. [Am. 144]

4a.  Where necessary for the implementation of the action, emergency assistance may cover expenditure which was incurred prior to the date of submission of the grant application or the request for assistance, but not prior to 1 January 2021. [Am. 145]

Article 27

Cumulative, complementary and combined funding

1.  An action operation that has received a contribution under the Fund may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The programmes presented by the Commission shall interact and complement each other and be drawn up with the necessary degree of transparency to avoid any duplication. The rules of each contributing Union programme shall apply to its respective contribution to the action operation. The cumulative funding shall not exceed the total eligible costs of the action operation and the support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support. [Am. 146]

2.  Actions Operations awarded a seal of Excellence certification, or which comply with the following cumulative comparative conditions: [Am. 147]

(a)  they have been assessed in a call for proposals under the instrument;

(b)  they comply with the minimum quality requirements of that call for proposals;

(c)  they may not be financed under that call for proposals due to budgetary constraints.

may receive support from the European Regional Development Fund, the Cohesion Fund, the European Social Fund+ or the European Agricultural Fund for Rural Development, in accordance with paragraph 5 of Article [67] of Regulation (EU) ../.. [Common Provisions Regulation] and Article [8] or Regulation (EU) ../.. [Financing, management and monitoring of the Common Agricultural Policy], provided that such actions are consistent with the objectives of the programme concerned. The rules of the Fund providing support shall apply.

Section 5

Monitoring, Reporting and evaluation

sub section 1

Common Provisions

Article 28

Monitoring and reporting

1.  In compliance with its reporting requirements pursuant to Article [43(3)(h)(i)(iii)] of the Financial Regulation, the Commission shall present to the European Parliament and the Council, at least annually, information on performance in accordance with Annex V. [Am. 148]

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend Annex V in order to make the necessary adjustments to the information on performance to be provided to the European Parliament and the Council.

3.  The indicators to report on progress of the Fund towards the achievement of the objectives of this Regulation are set in Annex VIII. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative. Upon request, the data received by the Commission on output and result indicators shall be made available to the European Parliament and to the Council. [Am. 149]

4.  The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and where relevant Member States.

5.  In order to ensure effective assessment of the progress of the Fund towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend Annex VIII to review and complement the indicators where necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework, including for project information to be provided by the Member States.

Article 29

Evaluation

1.  The Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under the Fund.

2.  The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process. [Am. 150]

Article 29a

Evaluation

1.  By 31 December 2024, the Commission shall present a mid-term evaluation of the implementation of this Regulation. The mid-term evaluation shall examine the effectiveness, efficiency, simplification and flexibility of the Fund. More specifically, it shall include an assessment of:

(a)  progress towards the achievement of the objectives of this Regulation, taking into account all relevant information available, in particular the annual performance reports submitted by the Member States under Article 30 and the output and result indicators set out in Annex VIII;

(b)  the Union added value of the actions and operations implemented under the Fund;

(c)  the contribution to Union solidarity in the field of asylum and migration;

(d)  the continued relevance of the implementation measures set out in Annex II and the actions set out in Annex III;

(e)  the complementarity, coordination and coherence between the actions supported under this Fund and the support provided by other Union funds, such as the structural funds, and external financing instruments of the Union;

(f)  the longer term impacts and the sustainability effects of the Fund.

The midterm evaluation shall take into account retrospective evaluation results on the long-term impact of the predecessor fund - the Asylum, Migration and Integration Fund 2014-2020 - and shall, where appropriate, be accompanied by a legislative proposal for the revision of this Regulation.

2.  By 31 January 2030, the Commission shall carry out a retrospective evaluation. By the same date, the Commission shall submit an evaluation report to the European Parliament and to the Council. The retrospective evaluation shall include an assessment of all of the elements set out in paragraph 1. In that regard, the longer-term impacts and the sustainability of effects of the Fund shall be evaluated with a view to feeding into a decision on a possible renewal or modification of a subsequent fund.

The mid-term and retrospective evaluation reports referred to in the first paragraph and the first subparagraph of this paragraph shall be conducted with meaningful participation of social partners, civil society organisations, including migrants and refugees’ organisations, equality bodies, national human rights institutions and other relevant organisations in accordance with the partnership principle as laid down in Article 3a.

3.  In its mid-term and retrospective evaluation, the Commission shall pay particular attention to the evaluation of actions by, in or in relation to third countries in accordance with in Article 5, Article 6 and Article 13(8). [Am. 151]

sub section 2

rules for shared management

Article 30

Annual performance reports

1.  By 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission the annual performance report as referred to in Article 36(6) of Regulation (EU)…/2021 [Common Provisions Regulation]. The report submitted in 2023 shall cover the implementation of the programme in the period to 30 June 2022. Member States shall publish these reports on a dedicated website and forward them to the European Parliament and the Council. [Am. 152]

2.  The annual performance report shall in particular set out information on:

(a)  progress in the implementation of the programme and in achieving the milestones and targets, taking into account the latest cumulative data as required by Article [37] of Regulation (EU) …/2021 [Common Provisions Regulation] transmitted to the Commission; [Am. 153]

(aa)  a breakdown of the annual accounts of the national programme into recoveries, pre-financing to final beneficiaries and expenditure actually incurred; [Am. 154]

(b)  any issues affecting the performance of the programme and the action taken to address them, including reasoned opinions issued by the Commission in respect of an infringement procedure under Article 258 TFEU; [Am. 155]

(c)  the complementarity, coordination and coherence between the actions supported by the under this Fund and the support provided by other Union funds, in particular those in or in relation to third countries such as the structural funds, and external financing instruments of the Union; [Am. 156]

(d)  contribution of the programme to the implementation of the relevant Union acquis and action plans and to cooperation and solidarity between Member States in the field of asylum; [Am. 157]

(da)  compliance with fundamental rights requirements; [Am. 158]

(e)  the implementation of communication and visibility actions;

(f)  the fulfilment of the applicable enabling conditions and their application throughout the programming period;

(g)  the number of persons resettled or admitted with the help of the Fund in line with the amounts referred to in Article 16(1) and (2); [Am. 159]

(h)  the number of applicants for or beneficiaries of international protection transferred from one Member State to another in line with Article 17 17b. [Am. 160]

(ha)  the number of vulnerable persons assisted through the programme, including children and those granted international protection; [Am. 161]

3.  The Commission may make observations on the annual performance report within two months of the date of its receipt. Where the Commission does not provide observations by that deadline, the report shall be deemed to have been accepted. Once accepted, the Commission shall make summaries of annual performance reports available to the European Parliament and to the Council, and shall publish them on a dedicated website. If not forwarded by the Member States in accordance with paragraph 1, the full text of the annual performance report shall be made available to the European Parliament and the Council on request. [Am. 162]

4.  In order to ensure uniform conditions for the implementation of this Article, the Commission shall adopt an implementing act establishing the template for the annual performance report. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 33(2).

Article 31

Monitoring and reporting

1.  Monitoring and reporting in accordance with Title IV of Regulation (EU) …/… [Common Provisions Regulation] shall be based on the types of intervention set out in Tables 1, 2 and 3 in Annex VI. To address unforeseen or new circumstances or to ensure the effective implementation of the funding, the Commission shall be empowered to adopt delegated acts to amend the types of intervention in accordance with Article 32.

2.  These indicators shall be used in accordance with Articles 12(1), 17 and 37 of Regulation (EU) …/2021 [Common Provisions Regulation].

CHAPTER III

TRANSITIONAL AND FINAL PROVISIONS

Article 32

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts referred to in Articles 4, 9, 13, 16, 17b, 18, 28 and 31 shall be conferred on the Commission until 31 December 2028. [Am. 163]

3.  The delegation of powers referred to in Articles 4, 9, 13, 16, 17b, 28 and 31 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 164]

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

5.  As soon as it adopts a delegated act, the Commission shall simultaneously notify the European Parliament and to the Council thereof.

6.  A delegated act adopted pursuant to Articles 4, 9, 13, 16, 17b, 18, 28 and 31 shall enter into force only if neither the European Parliament nor the Council has expressed an objection within two months of being notified of it or if, before the expiry of that period, they 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. [Am. 165]

Article 33

Committee procedure

1.  The Commission shall be assisted by the Coordination Committee for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3.  Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act. This shall not apply to the implementing act referred to in Article 30(4).

Article 34

Transitional provisions

1.  This Regulation shall not affect the continuation or modification of the actions concerned under the Asylum, Migration and Integration Fund for the period 2014-2020 established by Regulation (EU) No 516/2014, which shall continue to apply to the actions concerned until their closure.

2.  The financial envelope for the Fund may also cover technical and administrative assistance expenses necessary to ensure the transition between the Fund and the measures adopted under its predecessor, the Asylum, Migration and Integration Fund established by Regulation (EU) No 516/2014.

Article 35

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at …,

For the European Parliament For the Council

The President The President

ANNEX I

Criteria for the allocation of funding to the programmes under shared management

1.  The available resources referred to in Article 11 shall be broken down between the Member States as follows:

(a)  Each Member State shall receive a fixed amount of EUR 5 000 000 10 000 000 from the Fund at the start of the programming period only; [Am. 166]

(b)  The remaining resources referred to in Article 11 shall be distributed based on the following criteria:

–  30 % for asylum;

–  30 % for legal migration and integration;

–  40% for countering irregular migration including returns.

2.  The following criteria in the area of asylum will be taken into account and shall be weighted as follows:

(a)  30 % in proportion to the number of persons who fall into one of the following categories:

–  Any third-country national or stateless person having been granted the status defined by the Geneva Convention;

–  Any third-country national or stateless person enjoying a form of subsidiary protection with the meaning of recast Directive 2011/95/EU(30);

–  Any third-country national or stateless person enjoying temporary protection within the meaning of Directive 2001/55/EC(31)

(b)  60 % in proportion to the number of third-country nationals or stateless persons who have applied for international protection.

(c)  10 % in proportion to the number of third-country nationals or stateless persons who are being or have been resettled in a Member State.

3.  The following criteria in the area of legal migration and integration will be taken into account and shall be weighted as follows:

(a)  40% in proportion to the total number of legally residing third-country nationals in a Member State.

(b)  60% in proportion to the number of third-country nationals who have obtained a first residence permit.

(c)  However, for the purpose of the calculation referred to in paragraph 3(b), the following categories of persons shall not be included:

–  Third country nationals being issued a work-related first residence permits valid for less than 12 months;

–  Third-country nationals admitted for the purposes of studies, pupil exchange, unremunerated training or voluntary service in accordance with Council Directive 2004/114/EC(32) or when applicable the Directive (EU) 2016/801(33);

–  Third-country nationals admitted for purposes of scientific research in accordance with Council Directive 2005/71/EC(34) or when applicable the Directive (EU) 2016/801.

4.  The following criteria In the area of countering irregular migration including returns, the following criterion will be taken into account and shall be weighted as follows: [Am. 167]

(a)  50% in proportion to The number of third-country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the Member State and who are subject to a final return decision under national and / or Community Union law, i.e. an administrative or judicial decision or act, stating or declaring the illegality of stay and imposing an obligation to return; [Am. 168]

(b)  50% in proportion to the number of third-country nationals who have actually left the territory of the Member State following an administrative or judicial order to leave, whether undertaken voluntarily or under coercion. [Am. 169]

5.  For initial allocation the reference figures shall be the latest annual statistical data produced by the Commission (Eurostat) covering the preceding three calendar years on the basis of data provided by Member States on the date of the applicability of this Regulation in accordance with Union law. Data should be disaggregated by age and sex, by specific vulnerabilities and by asylum status, including those on children. For the mid-term review, the reference figures shall be the latest annual statistical data produced by the Commission (Eurostat) covering the preceding three calendar years available at the time of the mid-term review in 2024 on the basis of data provided by Member States in accordance with Union law. Where Member States have not supplied the Commission (Eurostat) with the statistics concerned, they shall provide provisional data as soon as possible. [Am. 170]

6.  Before accepting these data as reference figures, the Commission (Eurostat) shall evaluate the quality, comparability and completeness of the statistical information in accordance with normal operational procedures. At the request of the Commission (Eurostat), Member States shall provide it with all the necessary information to do so.

ANNEX II

Implementation measures

1.  The Fund shall contribute to the specific objective set out in Article 3(2)(a) by focusing on the following implementation measures:

(a)  ensuring a uniform application of the Union acquis and of the priorities related to the Common European Asylum System;

(b)  supporting the capacity of Member States’ asylum systems, including at local and regional level, as regards infrastructures infrastructure, such as adequate reception conditions, in particular for minors, and services, such as legal assistance and representation and interpretation where necessary; [Am. 171]

(c)  enhancing solidarity and responsibility-sharing between the Member States, in particular towards those most affected by migratory flows, as well as providing support to Member States contributing to solidarity efforts; [Am. 172]

(d)  enhancing solidarity and cooperation with third countries affected by migratory flows to which a large number of persons in need of international protection has been displaced, including by fostering those countries’ capacity to improve reception and international protection conditions and through resettlement and other legal avenues to protection in the Union in particular for vulnerable groups such as children and adolescents facing protection risks as well as partnership and cooperation with third countries for the purpose of managing migration in the context of global cooperation efforts in the area of international protection. [Am. 173]

(da)  implementing technical and operational assistance to one or several other Member States in cooperation with the European Asylum Support Office. [Am. 174]

2.  The Fund shall contribute to the specific objective set out in Article 3(2)(b), by focusing on the following implementation measures:

(a)  supporting the development and implementation of policies promoting legal migration, including family reunification, and the implementation of the Union legal migration acquis, in particular the legal labour migration instruments in line with applicable international standards on migration and the protection of migrant workers; [Am. 175]

(aa)  promoting and developing structural and supporting measures facilitating regular entry to and residence in the Union; [Am. 176]

(ab)  enhancing partnership and cooperation with third countries affected by migratory flows including through legal avenues of entry to the Union for the purpose of global cooperation efforts in the area of migration; [Am. 177]

(b)  promoting early integration measures for the social and economic inclusion of third‑country nationals, preparing their active participation in and their acceptance by the receiving society, in particular with the involvement of local or regional authorities and civil society organisations. [Am. 178]

2a.  The Fund shall contribute to the specific objective set out in point (c) of Article 3(2), by focusing on the following implementation measures:

(a)  promoting integration measures for the social and economic inclusion of third country nationals, facilitating family reunification, preparing their active participation in and their acceptance by the receiving society, in particular with the involvement of local or regional authorities, non-governmental organisations, including refugees and migrants organisations and social partners; and

(b)  promoting and implementing protection measures for vulnerable persons in the context of integration measures. [Am. 179]

3.  The Fund shall contribute to the specific objective set out in point (ca) of Article 3(2)(c) 3(2), by focusing on the following implementation measures: [Am. 180]

(a)  ensuring a uniform application of the Union acquis and policy priorities regarding infrastructure, procedures and services;

(b)  supporting an integrated and coordinated approach to return management at the Union and Member States’ level, to the development of capacities for effective, dignified and sustainable return and reducing incentives for irregular migration; [Am. 181]

(c)  supporting assisted voluntary return, family tracing and reintegration, while respecting the best interests of minors; [Am. 182]

(d)  strengthening cooperation with third countries and their capacities to implement readmission agreements and other arrangements, and including reintegration to enable sustainable return. [Am. 183]

3a.  The Fund shall contribute to the specific objective set out in point (cb) of Article 3(2) by focusing on the following implementation measures:

(a)  promoting and implementing the respect of international law and the Charter of Fundamental Rights of the European Union in asylum and migration policies and measures;

(b)  enhancing solidarity and responsibility-sharing between the Member States, in particular solidarity towards those most affected by migratory flows, as well as providing support to Member States at central, regional or local level, to international organisations, to non-governmental organisations and to social partners in their solidarity efforts;

(c)  supporting transfers of applicants for international protection or beneficiaries of international protection from one Member State to another. [Am. 184]

ANNEX III

Scope of support Eligible actions to be supported by the instrument in accordance with Article 3 [Am. 185]

1.  Within the policy objective referred to in Article 3(1), the Fund shall in particular support the following: [Am. 186]

(a)  the establishment and development of national, regional and local strategies in for the implementation of the Union acquis relating to asylum, legal migration, integration, in particular local integration strategies, return and irregular migration; [Am. 187]

(b)  the setting up of administrative structures, systems and tools and training of staff, including local authorities and other relevant stakeholders in cooperation with relevant Union agencies, where appropriate; [Am. 188]

(c)  the development, monitoring and evaluation of policies and procedures including on the development, collection and exchange of information and data, analysis, dissemination of qualitative and quantitative data and statistics on migration and international protection and the development and application of common statistical tools, methods and indicators for measuring progress and assessing policy developments; [Am. 189]

(d)  the exchanges of information, best practices and strategies, mutual learning, studies and research, the development and implementation of joint actions and operations and the setting-up of transnational cooperation networks;

(e)  gender-sensitive assistance and support services consistent with the status and the needs of the person concerned, in particular the vulnerable groups persons; [Am. 190]

(ea)  the effective protection of children in migration, including the implementation of best interests of the child assessments before decisions are taken, all measures listed in the Commission Communication of 12 April 2017 on the Protection of Children in Migration, such as providing appropriate housing for, and a timely appointment of guardians to, all unaccompanied minors, contributions to the European Network of Guardianship Institutions, and the development, monitoring and evaluation of child safeguarding policies and procedures, including a child-rights based compliant mechanism; [Am. 191]

(f)  actions aimed at enhancing awareness of asylum, integration, legal migration and return policies with specific attention to vulnerable groups, including minors, among stakeholders and the general public; [Am. 192]

2.  Within the specific objective referred to in Article 3(2)(a), the Fund shall in particular support the following actions: [Am. 193]

(a)  providing material aid, including assistance at the border, child-friendly and gender-sensitive facilities, emergency services provided by local authorities, education, training, support services, legal assistance and representation, health and psychological care; [Am. 194]

(b)  conducting asylum procedures, including family tracing and ensuring access to legal assistance and representation and interpretation for asylum applicants at all stages of the procedure; [Am. 195]

(c)  identifying applicants with special procedural or reception needs, including the early identification of victims of trafficking, minors and other vulnerable persons such as victims of torture and gender-based violence, and referral to specialised services; [Am. 196]

(ca)  providing qualified psycho-social and rehabilitation services to victims of violence and torture, including gender-based violence; [Am. 197]

(d)  establishing or improving reception accommodation infrastructure, such as housing in small units and small-scale infrastructure addressing the needs of families with minors, including those provided by local and regional authorities and including the possible joint use of such facilities by more than one Member State; [Am. 198]

(da)  providing alternative forms of care that are integrated into existing national child protection systems and address the needs of all children in accordance with international standards; [Am. 199]

(e)  enhancing the capacity of Member States to collect, analyse and disseminate share among themselves country of origin information; [Am. 200]

(f)  actions related to the conducting of procedures for the implementation of the Union national resettlement [and or humanitarian admission] Framework or national resettlement schemes that are compatible with the Union Resettlement Framework as set out in this Regulation; [Am. 201]

(g)  transfers of applicants and beneficiaries of international protection; [Am. 202]

(h)  enhancing capacities of third countries to improve the protection of persons in need of protection, including through supporting the development of strong child protection mechanisms in third countries, ensuring that children are protected in all areas from violence, abuses and neglect and have access to education and health care; [Am. 203]

(i)  establishing, developing and improving effective alternatives to detention and institutional care, in particular in relation to unaccompanied minors and children with families in compliance with the United Nations Convention on the Rights of the Child. [Am. 204]

3.  Within the specific objective referred to in Article 3(2)(b), the Fund shall in particular support the following: [Am. 205]

(a)  information packages and campaigns to raise awareness of legal migration channels to the Union, including on the Union legal migration acquis;

(b)  development of mobility schemes to the Union, such as including but not limited to circular or temporary migration schemes, including vocational and other training to enhance employability; [Am. 206]

(c)  cooperation between third countries and the recruitment agencies, the employment services and the immigration services of Member States;

(d)  the assessment and recognition of skills and qualifications, including professional experience, acquired in a third country, as well as their transparency and compatibility with those of a Member State and the development of common evaluation standards; [Am. 207]

(e)  assistance in the context of applications for family reunification within the meaning to ensure a harmonised implementation of Council Directive 2003/86/EC(35); [Am. 208]

(f)  assistance, including legal assistance and representation, in relation to a change of status for third-country nationals already legally residing in a Member State, in particular in relation to the acquisition of a legal residence status defined at Union level; [Am. 209]

(fa)  assistance in relation to the exercise of the rights of third country nationals legally staying in the Union, notably relating to mobility within the Union and to access to employment; [Am. 210]

(g)  early integration measures such as tailored support in accordance with the needs of third-country nationals and integration programmes focusing on education, language and other training such as civic orientation courses and professional guidance; [Am. 211]

(h)  actions promoting equality in the access and provision of public and private services to third-country nationals, including adapting them to the needs of the target group; [Am. 212]

(i)  cooperation between governmental and non-governmental bodies in an integrated manner, including through coordinated integration-support centres, such as one-stop shops; [Am. 213]

(j)  actions enabling and supporting third‑country nationals’ introduction to and active participation in the receiving society and actions promoting acceptance by the receiving society; [Am. 214]

(k)  promoting exchanges and dialogue between third-country nationals, the receiving society and public authorities, including through the consultation of third-country nationals, and intercultural and inter-religious dialogue. [Am. 215]

3a.  Within the specific objective referred to in point (c) of Article 3(2), the Fund shall in particular support the following:

(a)  integration measures such as tailored support in accordance with the needs of third-country nationals and integration programmes focusing on inclusive education and care, language, counselling, vocational training and other training such as civic orientation courses and professional guidance;

(b)  building capacity of integration services provided by local authorities;

(c)  actions promoting equality in the access and provision of public and private services to third-country nationals, including access to education, healthcare and psycho-social support and adapting them to the needs of the target group;

(d)  cooperation between governmental and non-governmental bodies in an integrated manner, including through coordinated integration-support centres, such as one-stop shops;

(e)  actions enabling and supporting third-country nationals’ introduction to and active participation in the receiving society and actions promoting acceptance by the receiving society;

(f)  promoting exchanges and dialogue between third-country nationals, the receiving society and public authorities, including through the consultation of third-country nationals, and intercultural and inter-religious dialogue. [Am. 216]

4.  Within the specific objective referred to in point (ca) of Article 3(2)(c), the Fund shall in particular support the following: [Am. 217]

(a)  improvement of infrastructure for open reception or and improvement of existing infrastructure for detention, including the possible joint use of such facilities by more than one Member State; [Am. 218]

(b)  introduction, development, implementation and improvement of effective alternative measures to detention, based on case management in the community, in particular in relation to unaccompanied minors and families; [Am. 219]

(ba)  identification and reception of victims of trafficking in accordance with Directive 2011/36/EU and Council Directive 2004/81/EC(36); [Am. 220]

(c)  introduction and reinforcement of independent and effective systems for monitoring forced return, as laid down in Article 8(6) of Directive 2008/115/EC(37);

(d)  countering reducing incentives for irregular migration, including the employment of irregular migrants, through effective and adequate inspections based on risk assessment, the training of staff, the setting‑up and implementation of mechanisms through which irregular migrants can claim back payments and lodge complaints against their employers, or information and awareness‑raising campaigns to inform employers and irregular migrants about their rights and obligations pursuant to Directive 2009/52/EC(38); [Am. 221]

(e)  preparation of return, including measures leading to the issuing of return decisions, the identification of third-country nationals, the issuing of travel documents and family tracing;

(f)  cooperation with the consular authorities and immigration services or other relevant authorities and services of third countries with a view to obtaining travel documents, facilitating return and ensuring readmission including through the deployment of third‑country liaison officers;

(g)  return assistance, in particular assisted voluntary return and information about assisted voluntary return programmes, including by providing specific guidance for children in return procedures and ensuring child-rights based return procedures; [Am. 222]

(h)  removal operations, including related measures, in accordance with the standards laid down in Union law, with the exception of coercive equipment;

(i)  measures to support the returnee’s durable return and reintegration;

(j)  facilities and support services in third countries ensuring appropriate temporary accommodation and reception upon arrival, including for unaccompanied minors and other vulnerable groups in line with international standards and a fast transition to community based accommodation; [Am. 223]

(k)  cooperation with third countries on countering irregular migration and on effective return and readmission, including in the framework of the implementation of readmission agreements and other arrangements; [Am. 224]

(l)  measures aimed at raising awareness of the appropriate legal channels for immigration migration and the risks of illegal irregular immigration; [Am. 225]

(m)  support for and actions in third countries, including on infrastructure, equipment and other measures, provided these contribute to enhancing effective cooperation between third countries and the Union and its Member States on return and readmission. [Am. 226]

4a.  Within the specific objective referred to in point (cb) of Article 3(2), the Fund shall support the following:

(a)  the implementation of transfers of either applicants for international protection or beneficiaries of international protection from one Member State to another, including those measures referred to in Article 17b of this Regulation;

(b)  operational support in terms of seconded staff or financial assistance provided by a Member State to another Member State affected by migration challenges;

(c)  actions related to the conducting of procedures for the implementation of national resettlement or humanitarian admission schemes. [Am. 227]

ANNEX IV

Actions eligible for higher co-financing in line with Articles 12(2) and 13(7)

–  Integration measures implemented by local and regional authorities and civil-society organisations, including refugee and migrant organisations; [Am. 228]

–  Actions to develop and implement effective alternatives to detention and institutional care; [Am. 229]

–  Assisted Voluntary Return and Reintegration programmes and related-activities;

–  Measures targeting vulnerable persons and applicants for international protection with special reception and/or procedural needs, including measures to ensure effective protection of children in migration, in particular those unaccompanied minors. [Am. 230]

ANNEX V

Core performance indicators referred to in Article 28(1)

Specific objective 1: To strengthen and develop all aspects of the Common European Asylum System, including its external dimension:

-1.  All the core performance indicators listed below shall be disaggregated by sex and age. [Am. 231]

1.  Number of persons resettled with the support of the Fund.

1a.  Number of persons admitted through humanitarian admission schemes; [Am. 232]

2.  Number of persons in the reception system as compared to the number of asylum applicants.

3.  Convergence of protection recognition rates for asylum seekers from the same country.

3a.  Number of applicants for international protection transferred from one Member State to another with support of the Fund; [Am. 233]

3b.  Number of beneficiaries for international protection transferred from one Member State to another with support of the Fund; [Am. 234]

Specific objective 1a: To support legal migration to the Member States:

1.  Number of Blue Cards issued with the support of the Fund.

2.  Number of intra-corporate transferees granted that status with the support of the Fund.

3.  Number of applicants for family reunification effectively reunited with their family with the support of the Fund.

4.  Number of third-country nationals granted long-term residence permits with the support of the Fund. [Am. 235]

Specific objective 2: To support legal migration to the Member States including to contribute to the integration of third-country nationals: [Am. 236]

1.  Number of persons who participated in pre-departure measures supported by the Fund.

2.  Number of persons who participated in integration measures supported by the Fund reporting that the measures were beneficial for their early integration as compared to the total number of persons who participated in the integration measures supported by the Fund. [Am. 237]

2a.  Number of persons who participated in integration measures supported by the Fund who have subsequently obtained a job. [Am. 238]

2b.  Number of persons who participated in integration measures supported by the Fund and who have had their qualification recognised or have obtained a diploma in one of the Member States. [Am. 239]

Specific objective 3: To contribute to countering irregular mi­gration and ensuring effectiveness of return and readmission in third countries:

1.  Number of returns supported by the Fund following an order to leave compared to the number of third-country nationals ordered to leave. [Am. 240]

2.  Number of returnees who have received pre or post-return reintegration assistance co-financed by the Fund, as compared to the total number of returns supported by the Fund.

Specific objective 3a: To ensure solidarity and fair sharing of responsibility:

1.  Number of transfers of applicants for international protection carried out under Article 17b of this Regulation.

1a.  Number of transfers of beneficiaries of international protection carried out under Article 17b of this Regulation.

2.  Number of staff seconded or financial support provided to Member States subject to migration challenges.

3.  Number of persons resettled or admitted under humanitarian schemes with the support of the Fund. [Am. 241]

ANNEX VI

Types of intervention

TABLE 1: CODES FOR THE INTERVENTION FIELD DIMENSION

I.  CEAS

001

Reception conditions

002

Asylum procedures

003

Implementation of the Union acquis

004

Children in migration

005

Persons with special reception and procedural needs

006

Resettlement

007

Solidarity efforts between Member States

008

Operating support

II.  Legal migration and integration

001

Development of integration strategies

002

Victims of trafficking in human beings

003

Integration measures – information and orientation, one stop shops

004

Integration measures – language training

005

Integration measures – civics and other training

006

Integration measures – Introduction, participation, exchanges host society

007

Integration measures – basic needs

008

Pre-departure measures

009

Mobility schemes

010

Acquisition of legal residence

III.  Return

001

Alternatives to detention

002

Reception/detention conditions

003

Return procedures

004

Assisted voluntary return

005

Reintegration assistance

006

Removal/Return operations

007

Forced-return monitoring system

008

Vulnerable persons/UAMs

009

Measures addressing incentives for irregular migration

010

Operating support

 

IV.  Technical assistance

001

Information and communication

002

Preparation, implementation, monitoring and control

003

Evaluation and studies, data collection

004

Capacity building

TABLE 2: CODES FOR THE TYPE OF ACTION DIMENSION

001

Development of national strategies

002

Capacity building

003

Education and training for third-country nationals

004

Development of statistical tools, methods and indicators

005

Exchange of information and best practices

006

Joint actions/operations (between MS)

007

Campaigns and information

008

Exchange and secondment of experts

009

Studies, pilot projects, risk assessments

010

Preparatory, monitoring, administrative and technical activities

011

Provision of assistance and support services to TCN

012

Infrastructure

013

Equipment

TABLE 3: CODES FOR THE IMPLEMENTATION MODALITIES DIMENSION

001

Specific action

002

Emergency assistance

003

Cooperation with third countries

004

Actions in third countries

005

Strategic Union priorities

ANNEX VII

Eligible actions for operating support

Within the specific objective to strengthen and develop all aspects of the Common European Asylum System, including its external dimension, and the specific objective to contribute to countering irregular mi­gration, ensuring effectiveness of return and readmission in third countries, operating support shall cover:

–  staff costs;

–  service costs, such as maintenance or replacement of equipment;

–  service costs, such as maintenance and repair of infrastructure.

ANNEX VIII

Output and result indicators referred to in Article 28(3)

-1.  All the core performance indicators listed below shall be disaggregated by sex and age. [Am. 242]

Specific objective 1: To strengthen and develop all aspect of the Common European Asylum System, including its external dimension:

1.  Number of target group persons provided with assistance with the support of the Fund:

(a)  Number of target group persons benefiting from information and assistance throughout the asylum procedures;

(b)  Number of target group persons benefiting from legal assistance and representation;

(c)  Number of vulnerable persons, victims of trafficking in human beings, and unaccompanied minors benefiting from specific assistance.

2.  Capacity (number of places) in new reception accommodation infrastructure set up in line with the common requirements for reception conditions set out in the Union acquis and of existing reception accommodation infrastructure, improved in accordance with the same requirements as a result of the projects supported by the Fund and percentage in the total reception accommodation capacity;

3.  Number of places adapted for unaccompanied minors (UAM) supported by the Fund as compared to the total number of places adapted for unaccompanied minors;

4.  Number of persons trained in asylum-related topics with the assistance of the Fund, and that number as a percentage of the total number of staff trained in those topics;

5.  Number of applicants for international protection transferred from one Member State to another with support of the Fund;

6.  Number of persons resettled with the support of the Fund.

Specific objective 1a: To support legal migration to the Member States:

1.  Number of Blue Cards issued with the support of the Fund.

2.  Number of intra-corporate transferees granted that status with the support of the Fund.

3.  Number of applicants for family reunification effectively reunited with their family with the support of the Fund.

4.  Number of third-country nationals granted long-term residence permits with the support of the Fund. [Am. 243]

Specific objective 2: To support legal migration to the Member States including to contribute to the integration of third-country nationals: [Am. 244]

1.  Number of persons who participated in pre-departure measures supported by the Fund.

2.  Number of local and regional authorities that have implemented integration measures with the support of the Fund.

2a.  Number of persons who participated in integration measures supported by the Fund who have subsequently obtained a job. [Am. 245]

2b.  Number of persons who participated in integration measures supported by the Fund and who have subsequently obtained a diploma in one of the Member States. [Am. 246]

3.  Number of persons who participated in measures supported by the Fund focusing on:

(a)  education and training;

(b)  labour market integration;

(c)  access to basic services; and

(d)  active participation and social inclusion.

4.  Number of persons who participated in integration measures supported by the Fund reporting that the measures were beneficial for their early integration as compared to the total number of persons who participated in the integration measures supported by the Fund;

4a.  Number of third-country nationals having completed successfully either primary, secondary or tertiary education in the Member State with the support of the Fund. [Am. 247]

Specific objective 3: To contribute to countering irregular mi­gration and ensuring effectiveness of return and readmission in third countries:

1.  Number of places in detention centres created/renovated with support from the Fund, as compared to the total number of created/renovated places in detention centres.

2.  Number of persons trained on return-related topics with the assistance of the Fund.

3.  Number of returnees whose return was co-financed by the Fund as compared to the total number of returns following an order to leave:

(a)  persons who returned voluntarily;

(b)  persons who were removed.

4.  Number of returnees who have received pre or post return reintegration assistance co-financed by the Fund, as compared to the total number of returns supported by the Fund.

(a)  persons who returned voluntarily;

(b)  persons who were removed; [Am. 248]

Specific objective 3a: To ensure solidarity and fair sharing of responsibility:

1.  Number of transfers of applicants for international protection carried out under Article 17b of this Regulation.

1a.  Number of transfers of beneficiaries of international protection carried out under Article 17b of this Regulation.

2.  Number of staff seconded or financial support provided to Member States subject to migration challenges.

3.  Number of persons resettled with the support of the Fund. [Am. 249]

(1)OJ C , , p. .
(2)OJ C , , p. .
(3) Position of the European Parliament of 13 March 2019.
(4)Regulation (EU) No ../.. of the European Parliament and of the Council of [EUAA Regulation] (OJ L …, [date], p. ..).
(5) Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, p. 96).
(6) Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).
(7) Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
(8) Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
(9) Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
(10)Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
(11)Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).
(12)Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).
(13)Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
(14)2008/381/EC: Council Decision of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).
(15)OJ C 373, 20.12.2013, p. 1;http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2013.373.01.0001.01.ENG&toc=OJ:C:2013:373:TOC
(16)OJ C , , p. .
(17)OJ C , , p. .
(18)Council Regulation (Euratom, EC) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests (OJ L 312, 23.12.1995, p. 1).
(19)OJ C , , p. .
(20)Council Regulation (EU) 2017/1371 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
(21)Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
(22)Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).
(23)COM(2017)0623.
(24)Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(25)OJ C , , p. .
(26)OJ C , , p. .
(27)OJ C , , p. .
(28) Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90).
(29)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 (OJ L 212, 7.8.2001, p. 12).
(30)Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
(31)Data to be taken into account only in case of the activation of the 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 (OJ L 212, 7.8.2001, p. 12).
(32)Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (OJ L 375, 23.12.2004, p. 12).
(33)Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).
(34)Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ L 289, 3.11.2005, p. 15).
(35)Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, (OJ L 251, 03.10.2003, p. 12).
(36) Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ L 261, 6.8.2004, p. 19).
(37)Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
(38)Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).


Establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa ***I
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Resolution
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European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa (COM(2018)0473 – C8-0272/2018 – 2018/0249(COD))
P8_TA(2019)0176A8-0089/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0473),

–  having regard to Article 294(2) and Articles 77(2) and 79(2)(d) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0272/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 19 October 2018(1),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and the Committee on Budgets (A8-0089/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) .../… of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa

P8_TC1-COD(2018)0249


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 77(2) and 79(2)(d) thereof

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)  In the context of evolving migratory challenges in the European Union, as well as security concerns, preserving the careful balance between free movement of persons on the one hand, and security on the other is of utmost importance. The Union’s objective of ensuring a high level of security within an area of freedom, security and justice pursuant to Article 67(3) of the Treaty on the Functioning of the European Union (TFEU) should be achieved, among others, through common measures on the crossing of internal borders by persons and on border controls at external borders and the common visa policy, while preserving the careful balance between free movement of persons on the one hand and security on the other. [Am. 1]

(2)  Pursuant to Article 80 TFEU, these policies and their implementation should be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States.

(3)  In the Rome Declaration signed on 25 September 2017, leaders of 27 Member States affirmed their determination to ensure a safe and secure Europe and to build a Union where all citizens feel safe and can move freely, where the external borders are secured, with an efficient, responsible and sustainable migration policy, respecting international norms, as well as a Europe determined to fight terrorism and organised crime. [Am. 2]

(3a)   Actions funded under this Instrument should be implemented in full compliance with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the principle of fair treatment of third-country nationals, the right to asylum and international protection, the principle of non-refoulement and the international obligations of the Union and Member States arising from international instruments to which they are signatory such as the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967. Special attention should also be given to the identification, immediate assistance and referral to protection services of vulnerable persons, in particular children and unaccompanied minors. [Am. 3]

(4)  The objective of the Union’s policy in the field of external border management is to develop and implement the concept of European integrated border management at national and Union level, in order to facilitate legitimate border crossings, to prevent and detect irregular immigration and cross-border crime and to support the common visa policy, which is a precondition for should reinforce the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice. [Am. 4]

(5)  European integrated border management, as implemented by the European Border and Coast Guard, established by Regulation (EU) 2016/1624 of the European Parliament and of the Council(5), composed of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks, is necessary for should help to harmonise border control, thus improving migration management - including facilitating access to international protection for those in need of it - and providing increased and security by contributing to combatting cross-border crime and terrorism. [Am. 5]

(6)  Facilitating legitimate travel, while preventing irregular migration and security risks, was identified as one the main objectives of the Union’s response to the challenges in these areas in the Commission’s Communication on A European Agenda on Migration(6). [Am. 6]

(7)  The European Council of 15 December 2016(7) called for continued delivery on the interoperability of EU information systems and databases. The European Council of 23 June 2017(8) underlined the need to improve interoperability between databases and on 12 December 2017 the Commission adopted a proposal for a Regulation on establishing a framework for interoperability between EU information systems(9). [Am. 7]

(8)  In an attempt to preserve the integrity of the Schengen area and to strengthen its functioning reinforce the security of Union’s external borders, Member States have, since 6 April 2017, been obliged to carry out systematic checks against relevant databases on EU citizens who are crossing the EU’s external borders. Furthermore, the Commission issued a Recommendation to Member States to make better use of police checks and cross‑border cooperation, in addition to the systematic checks already being carried out on all third-country nationals entering the Schengen area. However, it has proven necessary to use targeted checks in place of systematic checks at a number of external border crossing points, on account of the disproportionate impact of systematic checks on the flow of cross-border traffic(10). [Am. 8]

(8a)  The Commission has also issued Recommendation (EU) 2017/1804(11) to Member States to make better use of police checks and cross-border cooperation in order to limit the impact on free movement and to remedy the threat to public policy or internal security. Despite different measures put in place, a number of Member States continue to maintain unlawful internal border control, undermining the basic principle of the Schengen Area. [Am. 9]

(9)  Financial support from the Union budget is indispensable to for the implementation of European integrated border management to support Member States in managing the crossing of the external borders efficiently and in addressing migratory challenges and potential future threats future challenges at those borders, thereby contributing to addressing serious crime with a cross-border dimension while acting in full respect of fundamental rights. [Am. 10]

(10)  To promote the implementation of the European integrated border management defined by its components in accordance with Article 4 of Regulation (EU) 2016/1624: border control, search and rescue during border surveillance, risk analysis, cooperation between Member States (supported and coordinated by the European Border and Coast Guard Agency), inter‑agency inter agency cooperation (including the regular exchange of information), cooperation with third countries, technical and operational measures within the Schengen area related to border control and designed to address illegal irregular immigration and to counter cross-border crime better, use of state-of-the-art technology, quality control and solidarity mechanisms, and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support. [Am. 11]

(11)  As customs authorities of the Member States have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border, ensuring uniformity it is important to foster inter agency cooperation, including information sharing through existing information exchange tools, as a component of the European integrated border management approach, as referred to in Article 4(e) of Regulation (EU) 2016/1624. Complementarity in carrying out border control and customs control at the external borders needs to be addressed ensured by providing adequate Union financial support to the Member States. This will not only strengthen customs controls in order both to combat all forms of trafficking, not least goods trafficking at borders, and terrorism, but will also facilitate legitimate trade, contributing and travel, and contribute to a secure and efficient customs union. [Am. 12]

(12)  It is therefore necessary to establish the successor fund of the 2014-2020 Internal Security Fund established by Regulation (EU) No 515/2014 of the European Parliament and of the Council(12), in part, by setting up an Integrated Border Management Fund (‘the Fund’). [Am. 13]

(13)  Due to the legal particularities applicable to Title V of the TFEU and the different applicable legal bases regarding the policies on external borders and on customs control, it is not legally possible to establish the Fund as a single instrument.

(14)  The Fund should therefore be established as a comprehensive framework for Union financial support in the field of border management and visa comprising the instrument for financial support for border management and visa (‘the instrument’) established by this Regulation as well as the an instrument for financial support for customs control equipment established by Regulation (EU) No …/…(13) of the European Parliament and of the Council. The framework should be complemented by Regulation (EU) No …/… [Common Provisions Regulation] of the European Parliament and of the Council(14), to which this Regulation should refer as regards an instrument laying down rules on shared management. [Am. 14]

(15)  The instrument should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental rights, including as regards the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and in particular by ensuring compliance with the principle of non-refoulement, the principle of transparency, the principle of non-discrimination and the right to seek international protection. Special attention should also be given to the identification, immediate assistance and referral to protection services of vulnerable persons, in particular children and unaccompanied minors. [Am. 15]

(15a)  Those obligations apply equally to third countries with which the Member States and the Union work under this instrument. [Am. 16]

(16)  The instrument should build on the results and investments achieved with the support of its predecessors: the External Borders Fund for the period 2007-2013 established by Decision No 574/2007/EC of the European Parliament and of the Council(15) and the instrument for external borders and visa as part of the Internal Security Fund for the period 2014-2020 established by Regulation (EU) No 515/2014 and should extend it to take into account new developments. [Am. 17]

(17)  To ensure a uniform and high-quality external border control and to facilitate legitimate travel across the external borders, the instrument should contribute to the development of European integrated border management that includes all the measures involving policy, law, systematic cooperation, burden‑sharing burden sharing, assessment of the situation and changing circumstances regarding crossing points for irregular migrants, personnel, equipment and technology taken at different levels by the competent authorities of the Member States and by the European Border and Coast Guard Agency, acting in cooperation with other actors such as third countries and other EU bodies, in particular the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), Europol and, where appropriate, third countries and international organisations. [Am. 18]

(18)  The instrument should contribute to the improvement of the efficiency of visa processing in terms of facilitating visa procedures for bona fide travellers and of detecting and assessing security and irregular migration risks, as well as facilitating visa procedures for bona fide travellers. In particular, the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast, secure and client-friendly visa procedures for the benefit of both visa applicants and consulates. The instrument should also serve to ensure wide consular coverage across the world. The uniform implementation of the common visa policy and its modernisation should also be covered by the instrument, as should assistance to Member States for the issuance of visas with limited territorial validity issued on humanitarian grounds, for reasons of national interest or because of international obligations as well as for beneficiaries of a Union resettlement or relocation programme, and for compliance, in full, with the Union acquis on visas. [Am. 19]

(19)  The instrument should support measures clearly linked to external border control in the territory of the Schengen countries that are linked to border control as part of the development of a common integrated border management system, which strengthens the overall functioning of the Schengen area. [Am. 20]

(20)  With a view to improving the management of the external borders, to contribute to preventing facilitating legitimate travel, to contributing to the prevention of and combating irregular migration border crossing and to contribute contributing to a high level of security within the area of freedom, security and justice of the Union, the instrument should support the development of those large-scale IT systems, based on existing or new IT systems that have been agreed upon by the European Parliament and the Council. In that regard, it should also support the setting‑up of interoperability between those EU information systems (Entry-exit system (EES)(16), the Visa Information System (VIS)(17), the European Travel Information and Authorisation System (ETIAS)(18), Eurodac(19), the Schengen Information System (SIS)(20) and the European Criminal Records Information System for third-country nationals (ECRIS-TCN))(21) in the Member States, in order for these EU information systems and their data to supplement each other. The instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level (European search portal (ESP), a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID))(22). [Am. 21]

(21)  The instrument should complement and reinforce the activities to implement implementing European integrated border management in line with shared responsibility and solidarity between the Member States and the European Border and Coast Guard Agency representing the two pillars of the European Border and Coast Guard. This means, in particular that, when drawing up their national programmes, Member States should take into account the analytical tools and, operational and technical guidelines developed by the European Border and Coast Guard Agency as well as the training curricula developed by it, such as the common core curricula for the training of border guards, including its components with regard to fundamental rights and access to international protection. In order to develop complementarity between its mission tasks and the responsibilities of the Member States for the control of the external borders as well as, and to ensure consistency and to avoid cost inefficiency, the Commission should consult the European Border and Coast Guard Agency on the draft national programmes submitted by the Member States in as far as it falls they fall within the Agency’s competencies, in particular on the activities financed under operating support. The Commission should also ensure that eu-LISA, the European Union Agency for Fundamental Rights and any other relevant Union agency or body, are associated with the process of developing Member States’ national programmes at an early stage, in so far as it falls within the agencies’ competencies. [Am. 22]

(22)  In so far as the affected Member States so request, the instrument should support the implementation of the hotspot approach as outlined in the Commission’s Communication on A European Agenda on Migration and endorsed by the European Council of 25 and 26 June 2015(23). The hotspot approach provides operational support to Member States affected by disproportionate migratory pressure at the Union’s external borders faced with an emergency situation. It offers integrated, comprehensive and targeted assistance in a spirit of solidarity and shared responsibility, allowing the arrival of large numbers of persons at the Union's external borders to be handled humanely and efficiently, as well as with a view to safeguarding the integrity of the Schengen area. [Am. 23]

(23)  In the interest of solidarity in the Schengen area as a whole and throughout the Union and in the spirit of shared responsibility for the protection of the Union’s external borders, where weaknesses or risks are identified, in particular following a Schengen evaluation in accordance with Council Regulation (EU) No 1053/2013(24), the Member State concerned should adequately address the matter by using resources under its programme to implement recommendations adopted pursuant to that Regulation and in line with vulnerability assessments carried out by the European Border and Coast Guard Agency in accordance with Article 13 of Regulation (EU) 2016/1624. [Am. 24]

(24)  The instrument should express solidarity and shared responsibility through provide financial assistance for to those Member States that fully apply the Schengen provisions on external borders and visas as well as and to those which are preparing for full participation in Schengen, and should be used by the Member States in the interests of the Union’s common policy for the management of the external borders. [Am. 25]

(25)  In accordance with Protocol No 5 to the 2003 Act of Accession(25) on the transit of persons by land between the region of Kaliningrad and other parts of the Russian Federation, the instrument should bear any additional cost incurred in implementing the specific provisions of the Union acquis covering such transit, namely Council Regulation (EC) No 693/2003(26) and Council Regulation (EC) No 694/2003(27). The need for continued financial support for foregone fees, however, should be dependent upon the visa regime of the Union in force with the Russian Federation.

(26)  To contribute to the achievement of the policy objective of the instrument, Member States should ensure that their programmes address the specific objectives of the instrument, that the priorities chosen are in line with the agreed EU priorities and the implementing measures as set out in Annex II and that the allocation of appropriate resources between objectives and actions is proportionate to the challenges and needs they are faced with. In that regard, it is important to achieve a fair and transparent distribution of resources among the specific objectives of the instrument. Accordingly, it is appropriate to ensure a minimum level of expenditure for the specific objective of supporting the common visa policy whether for measures under direct or indirect management, or for measures under shared management. [Am. 26]

(27)  Synergies, consistency and efficiency should be sought with other EU Funds and overlap between the actions should be avoided.

(28)  Return of third-country nationals who are the subject of return decisions issued by a Member State is one of the components of European integrated border management as outlined in Regulation (EU) 2016/1624. However, due to its nature and objective, measures in the field of return fall outside the scope of support of the instrument and are covered by Regulation (EU) No …/… [new AMF](28).

(29)  To acknowledge the important role of the Member States’ customs authorities at the external borders and to ensure that they have at their disposal sufficient means to implement their broad scope of tasks at these borders, the instrument for financial support for customs control equipment established by Regulation (EU) No …/… [new Customs Control Equipment Fund] of the European Parliament and of the Council should provide these national authorities with the necessary funding to invest in equipment to carry out customs control as well as equipment that can in addition to customs control serve other purposes such as border control.

(30)  Most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation, such as provisions on border management, visa or police cooperation. The Integrated Border Management Fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment. On the one hand, the instrument for border management and visa established by this Regulation will exclude equipment that can be used for both border management and customs control. On the other hand, the instrument for customs control equipment will not only support financially equipment with customs controls as the main purpose but will also allow its use as well for additional purposes such as border controls and security. This distribution of roles will foster inter-agency cooperation as a component of the European integrated border management approach, as referred to in Article 4(e) of Regulation (EU) 2016/1624, thereby enabling customs and border authorities to work together and maximising the impact of the Union budget through co-sharing and inter-operability of control equipment.

(31)  Border surveillance at sea is considered one of the coastguard functions performed in the Union maritime domain. National authorities carrying out coast guard functions are also responsible for a wide range of tasks, which may include, but would not be limited to, maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The broad scope of coastguard functions brings them under the remit of different Union policies which should seek synergies to achieve more effective and efficient results. [Am. 27]

(31a)  When implementing actions funded under the instrument which are related to maritime border surveillance, Member States should pay special attention to their obligations under international maritime law to render assistance to persons in distress. In that regard, equipment and systems supported under the instrument should be used to address search and rescue situations which may arise during a border surveillance operation at sea, thereby contributing to ensuring the protection and saving the lives of migrants. [Am. 28]

(32)  In addition to the Union cooperation on coastguard functions among the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624, the European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council(29) and the European Fisheries Control Agency established by Council Regulation (EC) No 768/2005(30), improved coherence of the activities in the maritime domain should also be achieved at national level. Synergies between the various actors in the maritime environment should be in line with European integrated border management and maritime security strategies.

(33)  To strengthen the complementarity and to reinforce the consistency of maritime activities as well as to avoid duplication of efforts and to alleviate budgetary constraints in an area of costly activities such as the maritime domain, the instrument should support maritime operations of multipurpose character where the main objective is border surveillance but other objectives linked to it could additionally be pursued simultaneously, such as combating trafficking in human beings. [Am. 29]

(34)  The primary purpose of this instrument should be to support integrated border management at the Union’s external borders and to support the common visa policy. However, within defined limits and subject to the appropriate safeguards, certain measures in and in relation to third countries could be supported through the instrument. Those measures should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union's external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question. In relation to the external dimension, the instrument should target support to enhance cooperation with third countries and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the Union’s migration policy and Union’s security objectives. [Am. 30]

(34a)  The Commission should pay particular attention to the evaluation of actions and programmes related to third countries. [Am. 31]

(35)  Funding from the Union budget should concentrate on activities where Union intervention can bring added value as compared to actions by Member States alone. As the Union is in a better position than Member States to provide a framework for expressing Union solidarity in border control, management and common visa policy and the management of migration flows, and to provide a platform for the development of common IT systems underpinning those policies, financial support provided under this Regulation will contribute in particular to strengthening national and Union capabilities in those areas. [Am. 32]

(36)  A Member State may be deemed not to be compliant with the relevant Union acquis, including as regards the use of operating support under this instrument, if it has failed to fulfil its obligations under the Treaties in the areas of border management and visa, if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on border management and visa or, if an evaluation report under the Schengen evaluation and monitoring mechanism has identified deficiencies in the relevant area, or if, when cooperating with a third country, the Member State has financed and taken joint actions with that third country which have resulted in breaches of fundamental rights reported by the evaluation and monitoring mechanism. [Am. 33]

(37)  The instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring ensure a fair and transparent distribution of resources to meet the objectives laid down in this Regulation. It should balance the need for predictability in the distribution of funding with the need for its increased flexibility and simplicity. In order to meet the requirements in terms of transparency of funding, the Commission, with the cooperation of the Member States, should publish information on the development of the annual and multiannual programmes under the thematic facility. The implementation of the instrument should be guided by the principles of efficiency, effectiveness and quality of spending. Furthermore, the implementation of the instrument should be as user-friendly as possible. [Am. 34]

(38)  This Regulation should establish the initial amounts for Member States’ programmes calculated on the basis of criteria laid down in Annex I, which reflect the length and the threat impact levels based on recent and historical data at land and sea border sections, the workload at the airports and the consulates as well as the number of consulates. [Am. 35]

(39)  These initial amounts will form a basis for Member States’ long term investments. To take account of changes in the baseline situation, such as the pressure on the Union external border and the workload at the external borders and at consulates, an additional amount will be allocated to the Member States at mid-term and will be based on the latest available statistical data as set out in the distribution key taking into account the state of programme implementation.

(39a)  The mid-term review should be used to assess the effectiveness and Union added value of programmes, resolve problems that appeared during the first phase, and provide a transparent overview of the implementation. [Am. 36]

(40)  As challenges in the area of border management and visas are constantly evolving there is a need to adapt the allocation of funding to the changes in migration flows priorities for visa policy and border management, including as a result of increased pressure at the border and security threats, and to steer funding towards the priorities with the highest added value for the Union. To respond to pressing needs, changes in policy and Union priorities and to steer funding towards actions with a high level of added value for the Union, part of the funding will be periodically allocated to specific actions, Union actions and emergency assistance, via a thematic facility. [Am. 37]

(41)  Member States should be encouraged to use part of their programme allocation to fund the actions listed in Annex IV by benefiting from a higher Union contribution.

(42)  The instrument should, within defined limits, contribute to supporting operating costs related to border management, common visa policy and large-scale IT systems and should thereby enable Member States to maintain capabilities which are crucial for the Union as a whole. Such support consists of full reimbursement of specific costs related to the objectives of the instrument and should form an integral part of the Member States’ programmes. [Am. 38]

(43)  Part of the available resources under the instrument could also be allocated to Member States’ programmes for the implementation of specific actions in addition to their initial allocation. These specific actions should be identified at Union level and should concern actions with a Union added value which require cooperative effort among Member States or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States, such as the purchase through the national programmes of Member States of technical equipment needed by the European Border and Coast Guard Agency to perform its operational activities, the modernisation of the processing of visa applications, the development of new large-scale IT systems and the setting‑up setting up of interoperability between those systems. These specific actions will be defined by the Commission in its work programmes which should be adopted by delegated act. [Am. 39]

(44)  To complement the implementation of the policy objective of this instrument at national level through Member States’ programmes, the instrument should also provide support for actions at Union level. Such actions should serve overall strategic purposes within the scope of intervention of the instrument relating to policy analysis and innovation, transnational mutual learning and partnerships and the testing of new initiatives and actions across the Union.

(45)  In order to strengthen the Union’s capacity to immediately address immediately unforeseen or disproportionate migratory pressure, urgent and specific needs in the event of an emergency situation, in particular at those border sections where the impact level has been identified in line with Regulation (EU) No 1052/2013 of the European Parliament and of the Council(31) as such that it jeopardises the functioning of the Schengen area as a whole, as well as pressure on the visa sections of Member States’ consulates or risks to border security, it should be possible to this instrument should exceptionally provide emergency financial assistance as a measure of last resort in accordance with the framework set out in this Regulation. [Am. 40]

(45a)  Migration and the crossing of external borders by a large number of third-country nationals should not, per se, be considered to be a threat to public policy or internal security and should not, per se, trigger emergency assistance under this instrument. [Am. 41]

(46)  The policy objective of this instrument will be also addressed through financial instruments and budgetary guarantee under the policy window(s) [...] of the InvestEU Fund. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the internal market. Actions should have a clear European added value. [Am. 42]

(47)  This Regulation lays down a financial envelope for the entire instrument which is to constitute the prime reference amount, within the meaning of [point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management](32), for the European Parliament and the Council during the annual budgetary procedure.

(48)  Regulation (EU, Euratom) No …/… [new Financial Regulation] ('Financial Regulation')(33) applies to this instrument. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees. In order to ensure coherence in the implementation of Union funding programmes, the Financial Regulation is to apply to the actions to be implemented in direct or indirect management under the instrument.

(49)  For the purpose of implementation of actions under shared management, the instrument should form part of a coherent framework consisting of this Regulation, the Financial Regulation and an instrument laying down common provisions for shared management. In the event of conflicting provisions, this Regulation (EU) No …/… [CPR] should take precedence over the common provisions. [Am. 43]

(50)  Regulation (EU) No …/… [CPR] establishes the framework for action by the European Regional Development Fund (ERDF), the European Social Fund Plus (ESF+), the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum and Migration Fund (AMF), the Internal Security Fund (ISF) and the instrument for border management and visa (BMVI), as a part of the Integrated Border Management Fund (IBMF), and it lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for EU funds implemented under shared management. Additionally it is necessary to specify the objectives of the instrument for border management and visa in this Regulation, and to lay down specific provisions concerning activities that may be financed through this instrument.

(51)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

(52)  In accordance with Regulation (EU) No …/… [new Financial Regulation](34), Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(35), Council Regulation (Euratom, EC) No 2988/95(36), Council Regulation (Euratom, EC) No 2185/96(37) and Council Regulation (EU) 2017/1939(38), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council(39). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. The results of investigations into irregularities or fraud in relation to the instrument should be made available to the European Parliament. [Am. 44]

(53)  Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

(54)  Pursuant to Article 94 of Council Decision 2013/755/EU(40), persons and entities established in overseas countries and territories (OCTs) are eligible for funding subject to the rules and objectives of the instrument and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked.

(55)  Pursuant to Article 349 of the TFEU and in line with the Commission Communication A stronger and renewed strategic partnership with the EU's outermost regions, endorsed by the Council in its conclusion of 12 April 2018, the relevant Member States should ensure that their national programmes address emerging threats the outermost regions are confronted with, such as border surveillance, disproportionate influx of people or the deployment of EU information systems. The instrument supports these Member States with adequate resources to help the outermost regions as appropriate in light of such specificities. [Am. 45]

(56)  Pursuant to paragraph 22 and 23 of the Interinstitutional Agreement for Better Law-Making of 13 April 2016(41), there is a need to evaluate this instrument on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators - including qualitative and quantitative indicators, as a basis for evaluating the effects of the instrument on the ground. In order to measure the achievements of the instrument, indicators and related targets should be established in relation to each specific objective of the instrument. [Am. 46]

(57)  Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this instrument will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives. Relevant actions will be identified during the preparation and implementation of the instrument, and reassessed in the context of the relevant evaluations and review processes.

(58)  Through the indicators and financial reporting The Commission should present a summary of the accepted annual performance reports to the European Parliament and the Council every year. Upon request, the Commission and the Member States should monitor the implementation make the full text of the instrument, in accordance with the relevant provisions of Regulation (EU) No …/… [CPR] and this Regulation annual performance reports available to the European Parliament and the Council. [Am. 47]

(58a)  It is important to ensure sound financial management and legal certainty during the transitional period and throughout the implementation of the Instrument. Actions undertaken during the 2014-2020 period should not be interrupted during the transition. [Am. 48]

(59)  In order to supplement and amend non-essential elements of this Regulation the power to adopt acts in accordance with Article 290 the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list actions eligible for higher co-financing as listed in Annex IV, operating support and in order to further develop the common monitoring and evaluation framework. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016(42).

(60)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(43). The examination procedure should be used for implementing acts that lay down common obligations on Member States, in particular on the provision of information to the Commission, and the Advisory procedure should be used for the adoption of implementing acts relating to the modalities of providing information to the Commission in the framework of programming and reporting, given their purely technical nature. [Am. 49]

(61)  Participation by a Member State in this instrument should not coincide with its participation in a temporary financial instrument of the Union which supports the beneficiary Member States to finance, among others, actions at new external borders of the Union for the implementation of the Schengen acquis on borders and visas and external border control.

(62)  As regards Iceland and Norway, this Regulation constitutes a development of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis(44) which falls within the areas referred to in Article 1, Points A and B of Council Decision 1999/437/EC(45).

(63)  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 Swiss Confederation’s association with the implementation, application and development of the Schengen acquis(46) which falls within the area referred to in Article 1, Points A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC(47).

(64)  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(48) which falls within the area referred to in Article 1, Points A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU(49).

(65)  In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to TEU and TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark should, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement this Regulation in its national law.

(66)  This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC(50). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

(67)  It is appropriate to align the period of application of this Regulation with that of Council Regulation (EU, Euratom) …/… [Multiannual Financial Framework Regulation](51),

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1.  This Regulation establishes the instrument for financial support for border management and visa (‘the instrument’) as part of the Integrated Border Management Fund (‘the Fund’) for the period from 1 January 2021 to 31 December 2027. [Am. 50]

2.  Jointly with Regulation (EU) No …/… [Customs Control Equipment Fund], establishing as part of the [Integrated Border Management Fund](52) the instrument for financial support for customs control equipment, this Regulation establishes the Fund. [Am. 51]

3.  It This Regulation lays down the objectives of the instrument, the specific objectives and measures to implement those specific objectives, the budget for the period 2021-2027, the forms of Union funding and the rules for providing such funding. [Am. 52]

Article 2

Definitions

For the purposes of this Regulation the following definitions shall apply:

(1)  'blending operation' means actions supported by the Union budget, including within blending facilities pursuant to Article 2(6) of the Financial Regulation, combining non-repayable forms of support and/or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors; [Am. 53]

(2)  ‘border crossing point’ means any crossing point authorised by the competent authorities for the crossing of external borders as notified in accordance with Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council(53);

(3)  ‘European integrated border management’ means the components listed in Article 4 of Regulation (EU) 2016/1624;

(4)  ‘external borders’ means external borders as defined in point (2) of Article 2 of Regulation (EU) 2016/399 the borders of the Member States: land borders, including river and lake borders, sea borders as well as their airports, river ports, sea ports and lake ports to which the provisions of Union law on the crossing of external borders apply, including those internal borders at which the controls have not been lifted yet; [Am. 54]

(5)  ‘external border section’ means the whole or a part of the external land or sea border of a Member State as defined by Regulation (EU) No 1052/2013;

(6)  ‘hotspot area’ means the hotspot area defined in Article 2(10) of Regulation (EU) 2016/1624;

(7)  ‘internal borders at which the controls have not been lifted yet’ means:

(a)  the common border between a Member State fully implementing the Schengen acquis and a Member State bound to apply the Schengen acquis in full, in conformity with its Act of Accession, but for which the relevant Council Decision authorising it to fully apply that acquis has not yet entered into force;

(b)  the common border between two Member States bound to apply the Schengen acquis in full, in conformity with their respective Acts of Accession, but for which the relevant Council Decision authorising them to fully apply that acquis has not yet entered into force.

Article 3

Objectives of the instrument

1.  As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring strong and effective European integrated border management at the external borders while safeguarding the free movement of persons within it, in full compliance with the Union’s commitments on fundamental rights, thereby contributing to guaranteeing a high level of security in acquis and international obligations of the Union and its Member States arising from international instruments to which they are signatory. [Am. 55]

2.  Within the policy objective set out in paragraph 1, the instrument shall contribute to the following specific objectives:

(a)  supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal irregular immigration and cross-border crime and to effectively manage migratory flows; [Am. 56]

(b)  supporting the common visa policy to ensure a more harmonised approach among the Member States with regard to the issuance of visas and to facilitate legitimate travel and prevent migratory and mitigate security risks. [Am. 57]

3.  Within the specific objectives set out in paragraph 2, the instrument shall be implemented through the implementation measures listed in Annex II.

Article 3a

Non-discrimination and respect for fundamental rights

The instrument shall be implemented in full compliance with the rights and principles enshrined in the Union acquis, the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and with the Union’s international obligations as regards fundamental rights, in particular by ensuring compliance with the principles of non-discrimination and non-refoulement. [Am. 58]

Article 4

Scope of support

1.  Within the objectives referred to in Article 3 and In line with the implementation measures listed in Annex II, the instrument shall support actions that contribute to the achievement of the objectives referred to in Article 3 and in particular support the actions listed in Annex III. [Am. 59]

2.  To achieve the objectives of this Regulation referred to in Article 3, the instrument may in exceptional cases, within defined limits, and subject to appropriate safeguards, support actions in line with Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5. [Am. 60]

2a.  The total amount of funding for supporting actions in or in relation to third countries under the thematic facility in accordance with Article 8 shall not exceed 4 % of the total amount allocated to the thematic facility under Article 7(2)(b). [Am. 61]

2b.  The total amount of funding for supporting actions in or in relation to third countries under the Member States' programmes in accordance with Article 12 shall not exceed, for each Member State, 4 % of the total amount allocated to that Member State in accordance with Article 7(2)(a), with Article 10(1) and with Annex I. [Am. 62]

3.  The following actions shall not be eligible:

(a)  the actions referred to in paragraph 1(a) of Annex III at those internal borders at which controls have not been lifted yet;

(b)  the actions related to the temporary and exceptional reintroduction of border control at internal borders as referred to in Regulation (EU) 2016/399;

(c)  as regards the control of goods:

(1)  actions of which the exclusive aim or effect is control of goods;

(2)  purchase, maintenance or upgrading of equipment, excluding means of transport, of which one of the aims or effects is control of goods;

(3)  other actions under this Regulation of which the primary aim or effect is the control of goods.

Where an emergency situation, as referred to in Article 23, occurs, non-eligible actions referred to in this paragraph may be considered eligible. [Am. 63]

Article 5

Eligible entities

1.  The following entities may be eligible:

(a)  legal entities established in any of the following countries:

(i)  a Member State or an overseas country or territory linked to it;

(ii)  a third country listed in the work programme under the conditions specified therein, subject to the condition that all actions in or in relation to that third country fully respect the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, and the international obligations of the Union and the Member States. [Am. 64]

(b)  any legal entity created under Union law or any international organisation.

2.  Natural persons are not eligible.

3.  Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action, and where this is in full compliance with Union acquis and the Charter of Fundamental Rights of the European Union. [Am. 65]

4.  Legal entities participating in consortia of at least two independent entities, established in different Member States or in overseas countries or territories linked to those states or in third countries, are eligible. Article 6(3) applies when international organisations participating in a consortium are established in a third country. [Am. 66]

CHAPTER II

FINANCIAL AND IMPLEMENTATION FRAMEWORK

Section 1

Common provisions

Article 6

General principles

1.  Support provided under this Regulation shall complement national, regional and local interventions, and shall focus on bringing Union added value to the objectives of this Regulation. [Am. 67]

2.  The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union instruments.

3.  The instrument shall be implemented in shared, direct or indirect management in accordance with Articles 62 (1)(a), (b) and (c) of the Financial Regulation.

3b.  The Commission and the Member States shall cooperate in the implementation of the instrument. The Commission shall set up a helpdesk and contact point to provide support to Member States and contribute to the effective allocation of funding. [Am. 68]

Article 7

Budget

1.  The financial envelope for the implementation of the instrument for the period 2021-2027 shall be EUR 7 087 760 000 in 2018 prices (EUR 8 018 000 000 in current prices). [Am. 69]

2.  The financial envelope shall be used as follows:

(a)  EUR 4 252 833 000 in 2018 prices (EUR 4 811 000 000 in current prices) shall be allocated to the programmes implemented under shared management, of which EUR 138 962 000 in 2018 prices (EUR 157 200 000 in current prices) for the Special Transit Scheme referred to in Article 16, implemented under shared management; [Am. 70]

(b)  EUR 2 834 927 000 in 2018 prices (EUR 3 207 000 000 in current prices) shall be allocated to the thematic facility. [Am. 71]

3.  Up to 0,52 % of the financial envelope shall be allocated for technical assistance at the initiative of the Commission for the implementation of the instrument.

4.  Under the relevant provisions of their association agreements, arrangements shall be made in order to specify the nature and modalities of the participation by countries associated with the implementation, application and development of the Schengen acquis. The financial contributions from those countries shall be added to the overall resources available from the Union budget referred to in paragraph 1.

Article 8

General provisions on the implementation of the thematic facility

1.  The financial envelope referred to in Article 7(2)(b) shall be allocated flexibly through the thematic facility using shared, direct and indirect management as set out in work programmes. Funding from the thematic facility shall be used for its components:

(a)  specific actions;

(b)  Union actions and

(c)  and emergency assistance.

Technical assistance at the initiative of the Commission shall also be supported from the financial envelope for the thematic facility.

2.  Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II or support measures in accordance with Article 20. For the preparation of the work programmes, the Commission shall consult the organisations, which represent the partners at Union level, including civil society. [Am. 72]

2a.  A minimum of 20 % of the funding from the thematic facility shall be allocated to the specific objective referred to in Article 3(2)(b). [Am. 73]

3.  When funding from the thematic facility is granted in direct or indirect management to Member States, it no funding shall be ensured that selected available for projects are not affected by where there is evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be in doubt as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at risk the legality and regularity of expenditure or the performance of projects. [Am. 74]

4.  When funding from the thematic facility is implemented in shared management, the Commission shall, for the purposes of Article 18 and Article 19(2) of Regulation (EU) No …/… [CPR], assess whether the foreseen actions are not affected by to ensure that no funding shall be available for projects where there is evidence that the legality of those projects, or the legality and regularity of those projects, or the performance of those projects, would be called in doubt as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at risk the legality and regularity of expenditure or the performance of the projects. [Am. 75]

4a.  When funding from the thematic facility is granted under direct or indirect management, the Commission shall assess whether the actions foreseen are not affected by a generalised deficiency as regards the rule of law in a Member State that affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union in a manner that puts at risk the legality and regularity of expenditure or the performance of the projects. [Am. 76]

5.  The Commission shall establish the overall amount made available for the thematic facility under the annual appropriations of the Union budget.

6.  The Commission shall is empowered to adopt financing decisions delegated acts in accordance with Article 29 to lay down work programmes as referred to in Article 110 of the Financial Regulation for the thematic facility, identifying the objectives and the actions to be supported and specifying the amounts for each of its components, as referred to in paragraph 1. Financing decisions shall set out, where applicable, the overall amount reserved for blending operations. [Am. 77]

7.  Following the adoption of a financing decision work programme as referred to in paragraph 3 6, the Commission may amend the programmes implemented under shared management accordingly. [Am. 78]

8.  The financing decisions work programmes may be annual or multiannual and may cover one or more components of the thematic facility. [Am. 79]

Section 2

Support and implementation under shared management

Article 9

Scope

1.  This section applies to the part of the financial envelope referred to in Article 7(2)(a), and the additional resources to be implemented under shared management according to the Commission decision work programmes for the thematic facility referred to in Article 8. [Am. 80]

2.  Support under this section shall be implemented under shared management in accordance with Article 63 of the Financial Regulation and Regulation (EU) No …/… [CPR].

Article 10

Budgetary resources

1.  Resources referred to in Article 7(2)(a) shall be allocated to the national programmes implemented by Member States under shared management ('the programmes') indicatively as follows:

(a)  EUR 3 543 880 000 in 2018 prices (EUR 4 009 000 000 in current prices)to the Member States in accordance with the criteria in Annex I; [Am. 81]

(b)  EUR 708 953 000 in 2018 prices (EUR 802 000 000 in current prices) to the Member States for the adjustment of the allocations for the programmes as referred to in in Article 13(1). [Am. 82]

2.  Where the amount referred to in paragraph 1(b) is not allocated, the remaining amount may be added to the amount referred to in Article 7(2)(b).

Article 11

Co-financing rates

1.  The contribution from the Union budget shall not exceed 75 % 85 % of the total eligible expenditure of a project from Member States whose per capita gross national income ('GNI') is less than 90 % of that of the Union average and 75 % of the total eligible expenditure for other Member States. [Am. 83]

2.  The contribution from the Union budget may be increased to 90 % of the total eligible expenditure for projects implemented under specific actions.

3.  The contribution from the Union budget may be increased to 90 % of the total eligible expenditure for the actions listed in Annex IV.

4.  The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for operating support, including the Special Transit Scheme.

5.  The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for emergency assistance.

6.  The Commission decision approving a programme shall set the co-financing rate and the maximum amount of support from this instrument for the types of action referred to in paragraphs 1 to 5.

7.  For each specific objective, the Commission decision shall set out whether the co-financing rate for the specific objective is to be applied to:

(a)  the total contribution, including the public and private contribution, or

(b)  public contribution only.

Article 12

Programmes

1.  Each Member State and the Commission shall ensure that the priorities addressed in its the national programme are consistent with and respond to the Union priorities and challenges in the area of border management and visa, and that they are fully in line with the relevant Union acquis and agreed Union priorities, and the international obligations of the Union and Member States arising from international instruments to which they are signatories. In defining the priorities of their programmes, Member States shall ensure that the implementing measures as set out in Annex II are adequately addressed. [Am. 84]

1a.  In that regard, Member States shall allocate a minimum of 20 % of their allocated funding to the specific objective referred to in Article 3(2)(b). [Am. 85]

2.  The Commission shall ensure, where appropriate, that the European Border and Coast Guard Agency and where appropriate, eu-LISA, the European Union Agency for Fundamental Rights, and any other relevant Union agency are associated with the process of developing the programmes of Member States at an early stage, in so far as it falls within the agencies’ competencies. [Am. 86]

3.  It The Commission shall consult the European Border and Coast Guard Agency on the draft programmes with a specific emphasis on the activities included under operating support in line with Article 3(2)(a) to ensure consistency and complementarity of the actions of the Agency and those of the Member States regarding border management as well as to avoid double financing and to achieve cost efficiency. [Am. 87]

3a.  The Commission shall consult eu-LISA on the draft programmes with a specific emphasis on the activities included under technical support in line with Article 3(2)(b) to ensure consistency and complementarity of the actions of eu-LISA and those of the Member States. [Am. 88]

4.  The Commission may associate, where appropriate, the European Border and Coast Guard Agency, and where appropriate, eu-LISA, the European Union Agency for Fundamental Rights, and any other relevant agency with monitoring and evaluation tasks as referred to in Section 5, in particular in view of ensuring that the actions implemented with the support of the instrument are compliant with the relevant Union acquis and agreed Union priorities. [Am. 89]

5.  Following the adoption of recommendations within the scope of this Regulation in accordance with Regulation (EU) No 1053/2013, and the recommendations issued in the framework of carrying out vulnerability assessments in accordance with Regulation (EU) 2016/1624, the Member State concerned shall examine, together with the Commission, the most appropriate approach to address these recommendations with the support of this instrument.

6.  The Commission shall, where relevant, associate the European Border and Coast Guard Agency, eu-LISA, the European Union Agency for Fundamental Rights and any other relevant agency or body with the process of examination on the most appropriate approach to address the recommendations with the support of this instrument. [Am. 90]

7.  When implementing paragraph 5, the Member State concerned shall make the implementation of measures to address any identified deficiencies, especially measures to address serious deficiencies and non-compliant assessments, a priority for its programme.

8.  Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 5 and the progress in achieving the milestones and targets as assessed in the annual performance reports as referred to in Article 27(2)(a). Depending on the impact of the adjustment, the revised programme may shall be approved by the Commission. [Am. 91]

9.  In cooperation and consultation with the Commission and the European Border and Coast Guard Agency in accordance with the Agency’s competencies, the Member State concerned may reallocate resources under its programme, including those programmed for operating support, with the aim of addressing the recommendations referred to in paragraph 5 which have financial implications.

10.  Whenever Before a Member State decides to implement projects with, in or in relation to a third country with the support of the instrument, it shall ensure that all actions proposed by, in or in relation to that third country comply with the international obligations of the Union and that Member State, and that they fully respect the rights and principles enshrined in the Charter of Fundamental Rights of the European Union. The Member State concerned shall consult the Commission prior to the start of the project, including on ensuring that the above conditions are fulfilled. [Am. 92]

11.  Whenever a Member State, exceptionally, decides to implement actions with, in or in relation to a third country with the support of the instrument relating to monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating illegal irregular immigration and cross-border crime or contributing to the protection and saving the lives of migrants, it shall ensure that it has notified the Commission of any bilateral or multilateral cooperation agreement with that third country in accordance with Article 20 of Regulation (EU) No 1052/2013. Member States shall ensure full respect for the principle of non-refoulement, including in actions occurring on the high seas. [Am. 93]

11a.  As soon as a Member State decides to initiate projects with, in or in relation to a third country under this instrument, the Member State shall inform the organisations which represent the partners at national level as well as the members of the Steering Board within 10 days. [Am. 94]

12.  As regards operating equipment, including means of transport, and communication systems required for effective and secure border control, and search and rescue operations, purchased with the support of this instrument, the following shall apply: [Am. 95]

(a)  before launching the purchase procedures to acquire operating equipment, including means of transport, and communication systems with the support of the instrument, the Member States shall ensure that this equipment complies with the standards established by the European Border and Coast Guard Agency, where such standards exist, and shall verify with the European Border and Coast Guard Agency their technical specifications with the aim of ensuring interoperability of the assets used by the European Border and Coast Guard;

(b)  all large-scale operating equipment for border management, such as aerial and maritime means of transport and surveillance purchased by the Member States shall be registered in the technical equipment pool of the European Border and Coast Guard Agency in view of making these assets available in accordance with Article 39(8) of Regulation (EU) 2016/1624;

(c)  Member States may decide to purchase items for multi-purpose maritime operations supported by the instrument, provided that these items when operated by the relevant national authorities are involved in border surveillance operations at least 60 % of the total period of use for national purposes within a year. These items shall be registered at the technical equipment pool of the European Border and Coast Guard Agency in view of making these assets available in accordance with Article 39(8) of Regulation (EU) 2016/1624;

(d)  in order to support the coherent capability development planning for the European Border and Coast Guard and the possible use of joint procurement, Member States shall communicate to the Commission as part of the reporting in line with Article 27 the available multiannual planning for the equipment expected to be purchased under the instrument. The Commission shall transmit this information to the European Border and Coast Guard Agency.

Where Member States are implementing actions under this instrument related to maritime border surveillance, they shall pay particular attention to their international obligations regarding search and rescue at sea and shall be entitled, for that purpose, to use the equipment and systems referred to in points (a) to (d) of this paragraph. [Am. 96]

13.  Training in the field of border management carried out with the support of this instrument shall be based on the relevant harmonised and quality‑assured European education and common training standards for border and coast guarding, and on relevant Union and international law, including with regard to fundamental rights, access to international protection and relevant maritime law. [Am. 97]

14.  Member States shall pursue in particular the actions listed in Annex IV. To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 29 to amend Annex IV.

15.  Programming as referred to in Article 17(5) of Regulation (EU) No …/… [CPR] Each programme shall be based on set out for each specific objective the types of intervention set out in accordance with Table 1 of Annex VI and an indicative breakdown of the programmed resources by type of intervention or area of support. [Am. 98]

Article 13

Mid-term review

-1.  The programmes shall be subject to a mid-term review and evaluation in accordance with Article 26. [Am. 99]

1.  In By the end of 2024, and after informing the European Parliament, the Commission shall allocate to the programmes of Member States concerned the additional amount referred to in Article 10(1)(b) in accordance with the criteria referred to in paragraph 1(c) of and in paragraphs 2 to 11 of Annex I. The allocation shall be based on the latest available statistical data for the criteria referred to in paragraph 1(c) and in paragraphs 2 to 11 of Annex I. Funding shall be effective for the period as of the calendar year 2025. [Am. 100]

2.  If at least 10 30 % of the initial allocation of a programme referred to in Article 10(1)(a) has not been covered by interim payment applications submitted in accordance with Article 85 of Regulation (EU) No …/… [CPR], the Member State concerned shall not be eligible to receive the additional allocation for its programme referred to in paragraph 1. [Am. 101]

2a.   Paragraph 2 applies only if the relevant regulatory framework and related acts are in force on 1 January 2022. [Am. 102]

3.  The allocation of the funds from the thematic facility as from 2025 shall, where appropriate, take into account the progress made in achieving the milestones of the performance framework as referred to in Article 12 of Regulation (EU) No …/… [CPR] and identified implementation shortcomings. [Am. 103]

Article 14

Specific actions

1.  Specific actions are transnational or national projects bringing Union added value in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes. [Am. 104]

2.  Member States may, in addition to their allocation calculated in accordance with Article 10(1), receive funding for specific actions, provided that it is consequently earmarked as such in the programme and is used to contribute to the implementation of the objectives of this Regulation.

3.  This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.

Article 15

Operating support

1.  Operating support is a part of a Member State’s allocation which may be used as support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union.

2.  A Member State may use up to 30 % of the amount allocated under the instrument to its programme to finance operating support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union.

3.  Member States using operating support shall comply with the Union acquis on borders and visas. [Am. 105]

4.  Member States shall justify in the programme and in the annual performance reports as referred to in Article 27 the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall, following a consultation of the European Border and Coast Guard Agency as regards the Agency’s competencies in accordance with Article 12(3), assess the baseline situation in the Member States which have indicated their intention to use operating support, taking into account the information provided by those Member States and, where relevant, the information available in the light of Schengen evaluations and vulnerability assessments, including the recommendations following Schengen evaluations and vulnerability assessments.

5.  Without prejudice to Article 4(3)(c), operating support shall be concentrated on specific tasks and services eligible actions as laid down in Annex VII. [Am. 106]

6.  To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 29 to amend the specific tasks and services eligible actions in Annex VII. [Am. 107]

Article 16

Operating support for the Special Transit Scheme

1.  The instrument shall provide support to compensate for foregone fees from visas issued for the purpose of transit and additional costs incurred in implementing the facilitated transit document (FTD) and the facilitated rail transit document (FRTD) scheme in accordance with Regulation (EC) No 693/2003 and Regulation (EC) No 694/2003.

2.  The resources allocated to Lithuania for the Special Transit Scheme pursuant to Article 7(2)(a) shall be made available as additional operating support for Lithuania, in line with the eligible actions for operating support within the programme, as referred to in Annex VII.

3.  By way of derogation from Article 15(2), Lithuania may use the amount allocated to it in line with Article 7(2)(a) to finance operating support in addition to the amount defined in Article 15(2).

4.  The Commission and Lithuania shall review the application of this Article in the event of changes which have an impact on the existence or functioning of the Special Transit Scheme.

Section 3

Support and implementation under direct and indirect management

Article 17

Scope

Support under this section shall be implemented either directly by the Commission in accordance with point (a) of Article 62(1) of the Financial Regulation, or indirectly in accordance with point (c) of that Article.

Article 18

Union actions

1.  Union actions are transnational projects or projects of particular interest to the Union, in line with the objectives of this Regulation.

2.  At the Commission’s initiative, the instrument may be used to finance Union actions concerning the objectives of this Regulation as referred to in Article 3 and in accordance with Annexes II and III.

3.  Union actions may provide funding in any of the forms laid down in the Financial Regulation, in particular grants, prizes and procurement. They may also provide financing in the form of financial instruments within blending operations.

4.  Grants implemented under direct management shall be awarded and managed in accordance with [Title VIII] of the Financial Regulation.

5.  The evaluation committee assessing the proposals may be composed of external experts.

6.  Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. The provisions laid down in [Article X] of Regulation (EU) No …/… [Successor of the Regulation on the Guarantee Fund] shall apply.

Article 19

Blending operations

Blending operations decided under this instrument shall be implemented in accordance with the [InvestEU Regulation] and [Title X] of the Financial Regulation. [Am. 108]

Article 20

Technical assistance at the level of the Commission

The instrument may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission. Those measures, namely, preparatory steps, monitoring, supervision, audit, evaluation and all administrative and technical assistance actions necessary for the implementation of this Regulation and, where appropriate with third countries, may be financed at the rate of 100 %. [Am. 109]

Article 21

Audits

Audits on the use of the Union contribution carried out by persons or entities, including by other than those mandated by the Union institutions or bodies, shall form the basis of the overall assurance pursuant to Article 127 of the Financial Regulation.

Article 22

Information, communication and publicity

1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting promote the actions and their results, by providing coherent, effective and proportionate targeted meaningful information to multiple relevant audiences, including media and the public in the relevant languages. To ensure the visibility of Union funding, recipients of Union funding shall refer to its origin when communicating on the action. To this end, recipients shall ensure that all communications to the media and the public display the Union emblem, and mention explicitly the Union’s financial support. [Am. 110]

2.  To reach the widest possible audience, the Commission shall implement information and communication actions relating to the implementation of this instrument, its actions and results. In particular, the Commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility. The Commission shall also publish the list of operations selected for support under the thematic facility on a publicly available website and shall update that list at least every three months. Financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the Union, as far as they are related to the objectives of this Regulation. In particular, the Commission may promote best practices and exchange information as regards the implementation of the instrument. [Am. 111]

2a.  The Commission shall publish the information referred to in paragraph 2 in open, machine readable formats, as set out in Article 5(1) of Directive 2003/98/EC of the European Parliament and of the Council(54), which allows data to be sorted, searched, extracted, compared and reused. It shall be possible to sort the data by priority, specific objective, total eligible cost of operations, total cost of projects, total cost of procurement procedures, name of beneficiary and name of contractor. [Am. 112]

2b.   It shall be for the Member States to forward to the Commission information on the development of shared-management programmes, so that the information in question can then be published on its website. [Am. 113]

Section 4

Support and implementation under shared, direct and indirect management

Article 23

Emergency assistance

1.  The instrument shall Commission may decide to provide, on an exceptional basis, financial assistance to address urgent and specific needs in the event of an a duly justified emergency situation resulting and as a last resort. These situations can result from an urgent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole Schengen area, or any other duly substantiated emergency situation of requiring urgent and exceptional pressure action at the external borders within the scope of this Regulation that requires immediate action. The Commission shall inform the European Parliament and the Council without delay. [Am. 114]

2.  Emergency assistance may take the form of grants awarded directly to the decentralised agencies.

3.  Emergency assistance may be allocated to Member States’ programmes in addition to their allocation calculated in accordance with Article 10(1), provided that it is consequently earmarked as such in the programme. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.

4.  Grants implemented under direct management shall be awarded and managed in accordance with [Title VIII] of the Financial Regulation.

4a.  Where necessary for the implementation of the action, emergency assistance may cover expenditure which was incurred prior to the date of submission of the grant application or the request for assistance, but not prior to 1 January 2021. [Am. 115]

4b.  Emergency assistance shall be provided in a manner entirely consistent with the Union acquis and with the Union's and the Member States' obligations under the international instruments to which they are signatories. [Am. 116]

Article 24

Cumulative, complementary and combined funding

1.  An action that has received a contribution under the instrument may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The rules of each contributing Union programme shall apply to its respective contribution to the action. The cumulative funding shall not exceed the total eligible costs of the action and the support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support. Contributions from other Union programmes to actions under this instrument shall be acknowledged, where appropriate, in the Commission work programmes or in the national programmes and annual performance reports. [Am. 117]

2.  Actions Operations awarded a seal of Excellence certification, or which comply with the following cumulative comparable conditions: [Am. 118]

(a)  they have been assessed in a call for proposals under the instrument;

(b)  they comply with the minimum quality requirements of that call for proposals;

(c)  they may not be financed under that call for proposals due to budgetary constraints,

may receive support from the European Regional Development Fund, the Cohesion Fund, the European Social Fund+ or the European Agricultural Fund for Rural Development, in accordance with paragraph 5 of Article 67 of Regulation (EU) No …/… [CPR] and Article 8 of Regulation (EU) No …/… [Financing, management and monitoring of the Common Agricultural Policy], Union’s structural funds provided that such actions are consistent with the objectives of the programme concerned. The rules of the Fund or instrument providing support shall apply. [Am. 119]

Section 5

Monitoring, reporting and evaluation

Sub-section 1

Common provisions

Article 25

Monitoring and reporting

1.  In compliance with its reporting requirements pursuant to Article 43 41(3)(h)(i)(iii) of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on performance in accordance with Annex V, at least annually. [Am. 120]

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 29 to amend Annex V in order to make the necessary adjustments to the information on performance to be provided to the European Parliament and the Council.

3.  The indicators to report on progress of the instrument towards the achievement of the objectives of this Regulation are set out in Annex VIII. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative. For resources under shared management, common indicators shall be used. Upon request, the data received by the Commission on the output and result indicators shall be made available to the European Parliament and to the Council. [Am. 121]

4.  The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and, where relevant, the Member States.

5.  In order to ensure effective assessment of the progress of the instrument towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 29 to amend Annex VIII to review and complement the indicators where necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework, including information to be provided by the Member States.

5a.  For resources under shared management, monitoring and reporting shall be based on the types of intervention set out in Annex VI. The Commission shall be empowered to adopt delegated acts in accordance with Article 29 to address unforeseen or new circumstances or to ensure the effective implementation of the funding. [Am. 122]

5b.  The Commission shall pay particular attention to the monitoring of actions by, in or in relation to third countries, in accordance with Article 5 and Article 12(10) and (11). [Am. 123]

Article 26

Evaluation

1.  By 31 December 2024, the Commission shall carry out present a mid-term and a retrospective evaluation of the implementation of this Regulation, including the actions implemented under this instrument. The mid-term evaluation shall examine the effectiveness, efficiency, simplification and flexibility of the Fund. More specifically, it shall include an assessment of: [Am. 124]

(a)  progress towards the achievement of the objectives of this Regulation, taking into account all relevant information available, in particular the annual performance reports submitted by the Member States under Article 30 and the output and the result indicators set out in Annex VIII; [Am. 125]

(b)  the Union added value of actions and operations implemented under this instrument; [Am. 126]

(c)  the contribution of the instrument to addressing existing and emerging challenges at the external borders, to developing the common visa policy, and the use of the instrument to address shortcomings identified by the Schengen Evaluation Mechanism and Vulnerability assessment; [Am. 127]

(d)  the continued relevance of and the appropriateness of the implementation measures set out in Annex II and the actions set out in Annex III; [Am. 128]

(e)  the complementarity and coherence between the actions supported under this instrument and supported provided by other Union funds. [Am. 129]

The mid-term review shall take into account retrospective evaluation results on the long-term impact of the previous instrument for financial support for external borders and visa, part of the Internal Security Fund for the period 2014-2020. [Am. 130]

1a.  By 31 January 2030, the Commission shall carry out a retrospective evaluation. By the same date, the Commission shall submit an evaluation report to the European Parliament and to the Council. The retrospective evaluation shall include an assessment of the elements set out in paragraph 1. In that regard, the longer-term impacts of the instrument shall be evaluated with a view to feeding into a decision on a possible renewal or modification of a subsequent fund. [Am. 131]

2.  The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the timeline set out Article 40 14 of this Regulation (EU) No …/… [CPR]. [Am. 132]

2a.  In its mid-term review and retrospective evaluation, the Commission shall pay particular attention to the evaluation of actions by, in or in relation to third countries in accordance with Article 5 and Article 12(10) and (11). [Am. 133]

Sub-section 2

Rules for shared management

Article 27

Annual performance reports

1.  By 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission the annual performance report as referred to in Article 36(6) of Regulation (EU) No …/… [CPR]. The report submitted in 2023 shall cover the implementation of the programme carried out until 30 June 2022. Member States shall publish these reports on a dedicated website and forward them to the European Parliament and to the Council. [Am. 134]

2.  The annual performance report shall in particular set out information on:

(a)  the progress in the implementation of the programme and in achieving the milestones and targets, taking into account the latest data as required by Article 37 of Regulation (EU) No …/… [CPR] cumulative data transmitted to the Commission; [Am. 135]

(aa)  a breakdown of the annual accounts of the national programme into recoveries, pre-financing to final beneficiaries and expenditure actually incurred; [Am. 136]

(b)  any issues affecting the performance of the programme and the actions taken to address them, including reasoned opinions issued by the Commission in respect of an infringement procedure under Article 258 TFEU; [Am. 137]

(c)  the complementarity, coordination and coherence between the actions supported by the instrument and support provided by other Union Funds, in particular those the external financing instruments of the Union and others providing funding in or in relation to third countries; [Am. 138]

(d)  the contribution of the programme to the implementation of the relevant Union acquis and action plans;

(da)  compliance with fundamental rights requirements; [Am. 139]

(e)  the implementation of communication and visibility actions;

(f)  the fulfilment of the enabling conditions and their application throughout the programming period;.

(fa)  the implementation of projects in, or in relation to a third country. [Am. 140]

3.  The Commission may make observations on the annual performance report within two months of the date of its receipt. Where the Commission does not provide observations within that deadline, the reports shall be deemed to have been accepted. Once accepted, the Commission shall make summaries of annual performance reports available to the European Parliament and to the Council and shall publish those summaries of the annual performance reports on a dedicated website. [Am. 141]

4.  In order to ensure uniform conditions for the implementation of this Article the Commission shall adopt an implementing act establishing the template for the annual performance report. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

Article 28

Monitoring and reporting

1.  Monitoring and reporting in accordance with Title IV of Regulation (EU) No …/… [CPR] shall be based on the types of intervention set out in Tables 1, 2 and 3 in Annex VI. To address unforeseen or new circumstances or to ensure the effective implementation of the funding, the Commission shall be empowered to adopt delegated acts to amend Annex VI in accordance with Article 29.

2.  The common indicators shall be used in accordance with Articles 12(1), 17 and 37 of Regulation (EU) No …/… [CPR]. [Am. 142]

CHAPTER III

TRANSITIONAL AND FINAL PROVISIONS

Article 29

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts referred to in Articles 8, 12, 15, 25 and 28 shall be conferred on the Commission until 31 December 2028. [Am. 143]

3.  The European Parliament or the Council may revoke the delegation of powers referred to in Articles 8, 12, 15, 25 and 28 at any time. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 144]

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

5.  As soon as it adopts a delegated act, the Commission shall simultaneously notify the European Parliament and the Council thereof.

6.  A delegated act adopted pursuant to Articles 8, 12, 15, 25 and 28 shall enter into force only if neither the European Parliament nor the Council has expressed an objection within two months of being notified of it if, before the expiry of that period, they 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. [Am. 145]

Article 30

Committee procedure

1.  The Commission shall be assisted by a Coordination Committee for the Asylum and Migration Fund, the Internal Security Fund and the instrument for border management and visa. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3.  Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act. This shall not apply to the implementing act referred to in Article 27(4). [Am. 146]

Article 31

Transitional provisions

1.  This Regulation shall not affect the continuation or modification of the actions concerned under the instrument for external borders and visa as part of the Internal Security Fund for the period 2014-2020, established by Regulation (EU) No 515/2014, which shall continue to apply to those actions until their closure.

2.  The financial envelope for the instrument may also cover technical and administrative assistance expenses necessary to ensure the transition between the instrument and the measures adopted under its predecessor, the instrument for external borders and visa as part of the Internal Security Fund for the period 2014-2020, as established by Regulation (EU) No 515/2014.

Article 32

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at …,

For the European Parliament For the Council

The President The President

ANNEX I

Criteria for the allocation of funding to the programmes under shared management

1.  The available resources referred to in Article 10 shall be broken down between the Member States as follows:

(a)  each Member State shall receive a fixed amount of EUR 5 000 000 from the instrument at the start of the programming period only;

(b)  an amount of EUR 157 200 000 for the Special Transit Scheme to be allocated to Lithuania at the start of the programming period only;

(c)  and the remaining resources referred to in Article 10 shall be distributed based on the following criteria:

30 % for external land borders;

35 % for external sea borders;

20 % for airports;

15 % for consular offices.

2.  The resources available under paragraph 1(c) for external land borders and external sea borders shall be broken down between Member States as follows:

(a)  70 % for the length of their external land borders and external sea borders, which will be calculated, on the basis of weighting factors for each specific section as defined in Regulation (EU) No 1052/2013, determined in accordance with paragraph 11; and

(b)  30 % for the workload at their external land and external sea borders, as determined in accordance with paragraph 7(a).

3.  The weighting as referred to in paragraph 2(a) shall be determined by the European Border and Coast Guard Agency in accordance with paragraph 11.

4.  The resources available under paragraph 1(c) for airports shall be broken down between Member States according to the workload at their airports, as determined in accordance with paragraph 7(b).

5.  The resources available under paragraph 1(c) for consular offices shall be broken down between Member States as follows:

(a)  50 % for the number of consular offices (excluding honorary consulates) of the Member States in the countries listed in Annex I of Council Regulation (EC) No 539/2001(55), and

(b)  50 % for the workload as regards the management of visa policy at consular offices of Member States in the countries listed in Annex I to Regulation (EC) No 539/2001, as determined in accordance with paragraph 7(c) of this Annex.

6.  For the purpose of the distribution of resources under paragraph 1(c), ‘external sea borders’ shall mean the outer limit of the territorial sea of the Member States as defined in accordance with 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 illegal irregular immigration or illegal entry, this shall be the outer limit of high threat areas. The definition of ‘external maritime borders’ in this regard shall be determined by taking into account the operational data over the past two years as provided by the Member States concerned. This definition shall be used exclusively for the purpose of this Regulation. [Am. 147]

7.  For the purposes of the initial allocation of funding, the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available on the date of the applicability of this Regulation. For the purposes of the mid-term review, the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available at the time of the mid-term review in 2024. The assessment of the workload shall be based on the following factors:

(a)  at external land borders and external sea borders:

(1)  70 60 % for the number of crossings of the external border at authorised border crossing points; [Am. 148]

(2)  30 20 % for the number of third-country nationals refused entry at the external border. [Am. 149]

(2a)  20 % for the number of persons having submitted an application for international protection or having been included in such an application as a family member and having had their applications processed under the border procedure referred to in Article 43 of Directive 2013/32/EU of the European Parliament and of the Council(56). [Am. 150]

(b)  at airports:

(1)  70 % for the number of crossings of the external border at authorised border crossing points;

(2)  30 % for the number of third-country nationals refused entry at the external border.

(c)  at consular offices:

the number of visa applications for short stays or airport transit.

8.  The reference figures for the number of consular offices as referred to in paragraph 5(a) shall be calculated according to the information contained in Annex 28 of Commission Decision C(2010)1620 of 19 March 2010 establishing the Handbook for the processing of visa applications and the modifications of issued visas.

Where Member States have not provided the statistics concerned, the latest available data for those Member States shall be used. Where there is no data available for a Member State, or a Member States fails to provide such information in two consecutive years, the reference figure shall be zero. [Am. 151]

9.  The reference figures for the workload referred to:

(a)  in paragraph 7(a)(1) and 7(b)(1) shall be the latest statistics provided by Member States in accordance with Union law;

(b)  in paragraph 7(a)(2) and 7(b)(2) shall be the latest statistics produced by the Commission (Eurostat) on the basis of data provided by Member States in accordance with Union law;

(c)  in paragraph 7(c) shall be the latest visa statistics published by the Commission in accordance with Article 46 of the Visa Code(57).

(d)  Where Member States have not provided the statistics concerned, the latest available data for those Member States shall be used. Where there is no data available for a Member State, or a Member State fails to provide such information in two consecutive years, the reference figure shall be zero. [Am. 152]

10.  The European Border and Coast Guard Agency shall provide the Commission with a report on the breakdown of resources as regards external land borders, external sea borders and airports, as referred to in paragraph 1(c). The Commission shall make the report publicly available. [Am. 153]

11.  For the purposes of the initial allocation, the report referred to in paragraph 10 shall identify the average impact level of threat of on each border section based on the latest average figures covering the preceding 36 months on the date of the applicability of this Regulation. For the purposes of the mid-term review, the report referred to in paragraph 10 shall identify the average impact level of threat of on each border section based on the latest average figures covering the preceding 36 months available at the time of the mid-term review in 2024. It shall determine the following specific weighting factors per section applying the threat impact levels as defined in Regulation (EU) No 1052/2013: [Am. 154]

(a)  factor 0.5 for low threat impact level; [Am. 155]

(b)  factor 3 for medium threat impact level; [Am. 156]

(c)  factor 5 for high threat impact level. [Am. 157]

(d)  factor 8 for critical threat. [Am. 158]

ANNEX II

Implementation measures

1.  The instrument shall contribute to the specific objective set out in Article 3(2)(a) by focusing on the following implementation measures:

(a)  improving border control in line with Article 4(a) of Regulation (EU) 2016/1624 by:

i.  reinforcing the capacities for carrying out checks and surveillance at the external borders, including measures to prevent and detect facilitate legitimate border crossings and, where appropriate, measures related to the prevention and detection of cross-border crime, such as migrant smuggling, trafficking in human beings and terrorism, and measures related to the referral of persons who are in need of, or wish to apply for, international protection; [Am. 159]

ii.  supporting search and rescue in the context of carrying out border surveillance at sea; [Am. 160]

iii.  implementing technical and operational measures within the Schengen area which are related to border control, provided that such measures do not present a risk to free movement; [Am. 161]

iv.  carrying out analyses of the risks for internal security and analyses of the threats that may affect the functioning or security of the external borders;

v.  supporting, within the scope of this Regulation, Member States facing existing or potential disproportionate migratory pressure at the EU’s external borders an emergency situation referred to in Article 23, including through technical and operational reinforcement, as well as by deploying migration management support teams in hotspot areas. [Am. 162]

(b)  further developing the European Border and Coast Guard, through common capacity-building capacity building, joint procurement, establishment of common standards and any other measures streamlining the cooperation and coordination between the among Member States and with a view to the further development of the European Border and Coast Guard Agency; [Am. 163]

(c)  enhancing inter-agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border, and at EU level between the Member States, or between the Member States, on the one hand, and the relevant Union bodies, offices and or agencies, including agencies or third countries responsible for external actions, on the other; [Am. 164]

(d)  ensuring the uniform application of the Union acquis on external borders, including through the implementation of recommendations from quality control mechanisms such as the Schengen evaluation mechanism in line with Regulation (EU) No 1053/2013, vulnerability assessments in line with Regulation (EU) 2016/1624, and national quality control mechanisms;

(e)  setting up, operating and maintaining those large-scale IT systems already the subject of Union law in the area of border management, including the interoperability of these IT systems and their communication infrastructure, and actions to enhance data quality and the provision of information; [Am. 165]

(ea)  increasing capacity to render assistance to persons in distress at sea, in particular supporting search and rescue operations; [Am. 166]

(eb)  supporting search and rescue in the context of carrying out border surveillance at sea. [Am. 167]

2.  The instrument shall contribute to the specific objective set out in Article 3(2)(b) by focusing on the following implementation measures:

(a)  providing efficient and client-friendly client friendly services to visa applicants while maintaining the security and integrity of the visa procedure, with particular regard to vulnerable persons and children; [Am. 168]

(aa)  supporting Member States in issuing visas, including visas with limited territorial validity issued on humanitarian grounds, for reasons of national interest or because of international obligations as well as for beneficiaries of a Union resettlement or relocation programme, and in complying, in full, with the Union acquis on visas; [Am. 169]

(b)  ensuring the uniform application of the Union acquis on visas, including the further development and modernisation of the common policy on visas;

(c)  developing different forms of cooperation between Member States in visa processing;

(d)  setting up updating, operating and maintaining large-scale IT systems in the area of the common policy on visas, including the interoperability between these IT systems and their communication infrastructure. [Am. 170]

ANNEX III

Scope of support

1.  Within the specific objective referred to in Article 3(2)(a), the instrument shall in particular support the following:

(a)  infrastructures, buildings, systems and services required at border crossing points, in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings, illegal irregular immigration and cross-border crime at the external borders, as well as to guarantee the smooth flows of legitimate travellers and the effective management of migration flows, including measures related to the referral of persons who are in need of, or wish to apply for, international protection while always ensuring a dignified treatment of the persons concerned; [Am. 171]

(b)  operating equipment, including means of transport, and communication systems required for effective and secure border control, in accordance with standards developed by the European Border and Coast Guard Agency, where such standards exist;

(c)  training in the field of or contributing to the development of European integrated border management, taking into account operational needs, and risk analysis and challenges identified in country-specific recommendations all in full compliance with fundamental rights; [Am. 172]

(d)  secondment of joint liaison officers to third countries as defined in Regulation (EU) No …/ … [new ILO Regulation] and secondment of border guards and other relevant experts to Member States or from a Member State to a third country, reinforcement of cooperation and operational capacity of networks of experts or liaison officers, as well as exchange of best practices and boosting the capacity of European networks to assess, promote, support and develop Union policies; [Am. 173]

(e)  studies, pilot projects and other relevant actions aiming to implement or develop European integrated border management, including measures aiming at the development of the European Border and Coast Guard, such as common capacity-building capacity building, joint procurement, establishment of common standards and other measures streamlining the cooperation and coordination between the European Border and Coast Guard Agency and Member States, as well as measures related to the referral of persons who are in need of, or wish to apply for, international protection; [Am. 174]

(f)  actions developing innovative methods or deploying new technologies with a potential for transferability to other Member States, in particular deploying the results of security research projects where such deployment has been identified by the European Border and Coast Guard Agency, acting under Article 37 of Regulation (EU) 2016/1624, as contributing to the development of operational capabilities of the European Border and Coast Guard. Innovative methods and new technologies of this type shall be fully in accordance with fundamental rights and the right to protection of personal data; [Am. 175]

(g)  preparatory steps, monitoring, administrative and technical activities, required to implement external border policies, including to strengthen the governance of the Schengen area by developing and implementing the evaluation mechanism as established by Regulation (EU) No 1053/2013 to verify the application of the Schengen acquis and the Schengen Borders Code, including mission expenditure for experts of the Commission and the Member States participating in on site visits as well as measures to implement recommendations issued following vulnerability assessments carried out by the European Border and Coast Guard Agency in line with Regulation (EU) 2016/1624; [Am. 176]

(ga)   actions to enhance the quality of data stored in IT systems in the field of visa and borders and improve the exercise of a data subject's right to information, access to, rectification, erasure and restriction of data processing in the context of actions falling within the scope of this instrument; [Am. 208]

(h)  identification, fingerprinting, registration, security checks, debriefing, provision of information, medical and vulnerability screening and, where necessary, medical care as well as referral, where applicable, of third country nationals to the appropriate asylum procedure at the external borders, in particular in hotspot areas; [Am. 177]

(i)  actions aimed at enhancing awareness of external border policies among stakeholders and the general public, including corporate communication on the political priorities of the Union;

(j)  development of statistical tools, methods and indicators with due regard for the principle of non-discrimination; [Am. 178]

(k)  operating support for the implementation of European integrated border management.

(ka)  the exchange of best practices and expertise, including with regard to the protection of fundamental rights in the context of the different components of border control and, in particular with regards to the identification, immediate assistance and referral to protection services of vulnerable persons; [Am. 179]

(kb)  measures for the development, monitoring and evaluation of policies and procedures, including the application of common statistical tools, methods and indicators for measuring progress and assessing policy developments. [Am. 180]

2.  Within the specific objective referred to in Article 3(2)(b), the instrument shall in particular support the following:

(a)  infrastructures and buildings required for the processing of visa applications and consular cooperation, including security measures, as well as other actions aimed at improving the quality of service for visa applicants;

(b)  operating equipment and communication systems required for the processing of visa applications and consular cooperation;

(c)  training of consular and other staff contributing to the common visa policy and consular cooperation, including, where appropriate, compliance with fundamental rights; [Am. 181]

(d)  the exchange of best practices and experts, including the secondment of experts, as well as boosting the capacity of European networks to assess, promote, support and further develop Union policies and objectives, including for the purpose of protecting fundamental rights as regards the identification, the provision of immediate assistance to, and the referral to protection services of, vulnerable persons; [Am. 182]

(e)  studies, pilot projects and other relevant actions, such as actions aimed at improving knowledge through analyses, monitoring and evaluation;

(f)  actions developing innovative methods or deploying new technologies with a potential for transferability to other Member States, especially projects aiming at testing and validating the outcome of Union-funded research projects;

(g)  preparatory steps, monitoring, administrative and technical activities, including those intended to strengthen the governance of the Schengen area by developing and implementing the evaluation mechanism as established by Regulation (EU) No 1053/2013 to verify the application of the Schengen acquis, including mission expenditure for experts of the Commission and the Member States participating in on-site visits; [Am. 183]

(h)  awareness raising activities on visa policies among stakeholders and the general public, including corporate communication on the political priorities of the Union;

(i)  development of statistical tools, methods and indicators, observing the principle of non-discrimination and the right to protection of personal data; [Am. 184]

(j)  operating support for the implementation of the common visa policy with due regard for the principle of non-discrimination; [Am. 185]

(ja)  supporting Member States in issuing visas, including visas with limited territorial validity issued on humanitarian grounds, for reasons of national interest or because of international obligations as well as for beneficiaries of a Union resettlement or relocation programme, and in complying, in full, with the Union acquis on visas. [Am. 186]

3.  Within the policy objective referred to in Article 3(1), the instrument shall in particular support the following:

(a)  infrastructures and buildings required for the hosting of large-scale IT systems and associated communication infrastructure components;

(b)  equipment and communication systems necessary to ensure the proper functioning of large-scale IT systems;

(c)  training and communication activities in relation to large-scale IT systems;

(d)  development and upgrading of large-scale IT systems;

(e)  studies, proof of concepts, pilot projects and other relevant actions related to the implementation of large-scale IT systems including their interoperability;

(f)  actions developing innovative methods or deploying new technologies with a potential for transferability to other Member States, especially projects aiming at testing and validating the outcome of Union-funded research projects;

(g)  development of statistical tools, methods and indicators for large-scale IT systems in the field of visa and borders observing the principle of non-discrimination and the right to protection of personal data; [Am. 187]

(ga)  actions to enhance data quality and the exercise of a data subject's right to information, access to, rectification, erasure and restriction of processing of his or her personal data; [Am. 188]

(h)  operating support for the implementation of large-scale IT systems.

ANNEX IV

Actions eligible for higher co-financing in line with Article 11(3) and Article 12(14)

(1)  Purchasing of operating equipment through joint procurement schemes with the European Border and Coast Guard Agency, to be put at the disposal of the European Border and Coast Guard Agency for its operational activities in line with Article 39(14) of Regulation (EU) 2016/1624.

(2)  Measures supporting inter-agency cooperation between a Member State and a neighbouring third country with which the EU shares a common land or maritime border.

(3)  Further development of the European Border and Coast Guard, through Developing common capacity building, joint procurement, establishment of common standards and any other measures streamlining the cooperation and coordination between the among Member States and with a view to the further development of the European Border and Coast Guard Agency, as outlined in paragraph 1(b) of Annex II. [Am. 189]

(4)  Joint deployment of immigration liaison officers as referred to in Annex III.

(5)  Measures enhancing the identification and support of victims of trafficking in human beings and enhancing cross-border cooperation for detecting traffickers in the framework of border control, including by developing and supporting protection and referral mechanisms. [Am. 190]

(5a)  Developing integrated child protection systems at the external borders and policies for children in migration generally, including through sufficient training of staff and exchange of good practice among Member States. [Am. 191]

(6)  Measures deploying, transferring, testing and validating new methodology or technology, including pilot projects and follow-up measures to Union-funded security research projects, as referred to in Annex III to enhance the quality of data stored in IT systems in the field of visa and borders and to improve the exercise of a data subject's right to information, access to, rectification, erasure and restriction of data processing in the context of actions falling within the scope of this instrument. [Am. 209]

(6a)  Measures targeting the identification, immediate assistance and referral to protection services of vulnerable persons. [Am. 193]

(7)  Measures for setting up and running hotspot areas in Member States facing existing or potential exceptional and disproportionate migratory pressure.

(8)  Further developing forms of cooperation among Member States in visa processing, as outlined in paragraph 2(c) of Annex II.

(9)  Increasing the consular presence or representation of Member States in visa-required countries, in particular in countries where no Member State is currently present.

ANNEX V

Core performance indicators referred to in Article 25(1)

(a)  Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal irregular immigration and cross-border crime and to effectively manage migratory flows: [Am. 194]

(1)  Number of irregular border crossings detected at the EU external borders a) between the border crossing points; and b) at the border crossing points

Data source: European Border and Coast Guard Agency

(2)  Number of persons using fraudulent travel documents detected at the border crossing points

Data source: European Border and Coast Guard Agency

(2a)  Number of persons who have applied for international protection at the border crossing points

Data source: Member States [Am. 195]

(2b)  Number of persons refused entry

Data source: Member States [Am. 196]

(b)  Specific objective 2: Supporting the common visa policy to ensure a more harmonised approach among the Member States with regard to the issuance of visas and to facilitate legitimate travel and prevent migratory and mitigate security risks: [Am. 197]

(1)  Number of persons using fraudulent travel documents detected at consulates supported by the Fund

Data source: Member States

(1a)  Number of persons who have applied for international protection at Member States' consulates

Data source: Member States [Am. 198]

(2)  Average decision time (and trends) in the visa procedure

Data source: Member States

ANNEX VI

Types of intervention

TABLE 1: CODES FOR THE INTERVENTION FIELD DIMENSION

I.  European integrated border management

001

Border checks

002

Border surveillance - air assets

003

Border surveillance - land assets

004

Border surveillance - maritime assets

005

Border surveillance - automated border surveillance systems

006

Border surveillance - other measures

007

Technical and operational measures within the Schengen area which are related to border control

008

Situational awareness and exchange of information

009

Risk analysis

010

Processing of data and information

011

Hotspot areas

011a

Measures related to the identification and referral of vulnerable persons [Am. 199]

011b

Measures related to the identification and referral of persons who are in need of, or wish to apply for, international protection [Am. 200]

012

European Border and Coast Guard development

013

Inter-agency cooperation - national level

014

Inter-agency cooperation - European Union level

015

Inter-agency cooperation - with third countries

016

Deployment of joint immigration liaison officers

017

Large-scale IT systems - Eurodac for border management purposes

018

Large-scale IT systems - Entry-exit System (EES)

019

Large-scale IT systems - European Travel Information and Authorisation System (ETIAS)

020

Large-scale IT systems - Schengen Information System (SISII)

021

Large-scale IT systems - Interoperability

022

Operating support - Integrated border management

023

Operating support - Large-scale IT systems for border management purposes

024

Operating support - Special Transit Scheme

II.  Common visa policy

001

Improving visa application processing

002

Enhancing the efficiency, client-friendly environment and security at consulates

003

Document security / document advisors

004

Consular cooperation

005

Consular coverage

006

Large-scale IT systems - Visa Information System (VIS)

007

Other IT systems for visa application processing purposes

008

Operating support - Common visa policy

009

Operating support - Large-scale IT systems for visa application processing purposes

010

Operating support - Special Transit Scheme

010a

Issuance of humanitarian visas [Am. 201]

 

III.  Technical assistance

001

Information and communication

002

Preparation, implementation, monitoring and control

003

Evaluation and studies, data collection

003a

Data quality and data subjects’ rights to information, access to, rectification, erasure and restriction of processing of their personal data [Am. 202]

004

Capacity building

TABLE 2: CODES FOR THE TYPE OF ACTION DIMENSION

001

infrastructures and buildings

002

means of transport

003

other operating equipment

004

communication systems

005

IT systems

006

training

007

exchange of best practices - between Member States

008

exchange of best practices - with third countries

009

deployment of experts

010

studies, proofs of concept, pilot projects and similar actions

011

communication activities

012

development of statistical tools, methods and indicators

013

deployment or other follow-up of research projects

TABLE 3: CODES FOR THE IMPLEMENTATION MODALITIES DIMENSION

001

Specific action

002

Emergency assistance

003

Actions listed in Annex IV

004

Implementation of Schengen evaluation recommendations

005

Implementation of vulnerability assessment recommendations

006

Cooperation with third countries

007

Actions in third countries

ANNEX VII

Eligible actions for operating support

(a)  Within the specific objective set out in Article 3(2)(a), operating support shall cover the following costs on the condition that they are not being covered by the European Border and Coast Guard Agency in the context of its operational activities:

(1)  staff costs;

(2)  maintenance or repair of equipment and infrastructure;

(3)  service costs, including at hotspot areas within the scope of this Regulation; [Am. 203]

(4)  running costs on operations.

A host Member State in the meaning of Article 2(5) of Regulation (EU) 2016/1624 may use operating support to cover its own running costs for its participation in the operational activities referred to in Article 2(5) of Regulation (EU) 2016/1624 and falling within the scope of this Regulation or for the purposes of its national border control activities.

(b)  Within the specific objective specific objective set out in Article 3(2)(b), operating support shall cover:

(1)  staff costs, including for training;

(2)  service costs;

(3)  maintenance or repair of equipment and infrastructure;

(4)  costs related to real estate, including rental and depreciation.

(c)  Within the policy objective set out in Article 3(1), operating support shall cover:

(1)  staff costs, including for training;

(2)  operational management and maintenance of large-scale IT systems and their communication infrastructures, including the interoperability of these systems and rental of secure premises.

(d)  In addition to the above, operating support within the programme for Lithuania shall provide support in line with paragraph 1 of Article 16.

ANNEX VIII

Output and result indicators referred to in Article 25(3)

(a)  Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal irregular immigration and cross-border crime and to effectively manage migratory flows; [Am. 204]

(1)  Border control infrastructure, transport means and other equipment items financed with the support of the instrument:

–  number of newly built or upgraded border crossing points out of the total number of newly built or upgraded border crossing points in the Member State concerned;

–  number of Automated Border Control gates;

–  number of air transport means;

–  number of maritime transport means;

–  number of land transport means;

–  number of items of equipment put at the disposal of the European Border and Coast Guard Agency;

–  number of other items of equipment, out of which the number of items of equipment for setting up, upgrading or maintaining hotspot areas for the purposes of this Regulation;

–  number of multipurpose items of equipment supported by the instrument.

(2)  Number of specialised posts in third countries supported by the instrument

–  joint liaison officers, as referred to in Annex III;

–  other specialised posts related to border management.

(3)  Number of cooperation projects or cooperation streams set up in Member States with the support of the instrument between the national authorities and the European Border and Coast Guard Agency contributing towards the development of the European Border and Coast Guard.

(4)  Number of items of equipment used during the operational activities of the European Border and Coast Guard Agency purchased with support of the instrument out of the total number of items of equipment registered in the Technical Equipment Pool of the European Border and Coast Guard Agency.

(5)  Number of cooperation projects or cooperation streams of national agencies with the Eurosur National Coordination Centre (NCC) established with support of the instrument.

(6)  Number of staff trained in aspects related to the integrated border management with the support of the instrument.

(7)  Number of IT functionalities developed, implemented, maintained or upgraded with the support of the instrument, including for interoperability purposes:

–  SISII;

–  ETIAS;

–  EES;

–  VIS for border management purposes;

–  Eurodac for border management purposes;

–  Number of connections of IT systems to the European Search Portal financed with the support of the instrument;

–  Any other large-scale IT systems within the scope of this Regulation.

(8)  Number of Schengen Evaluation recommendations in the area of borders and vulnerability assessment recommendations addressed with the support of the instrument, out of the total number of recommendations having financial implication.

(b)  Specific objective 2: Supporting the common visa policy to ensure a more harmonised approach among the Member States with regard to the issuance of visas and to facilitate legitimate travel and prevent migratory and mitigate security risks: [Am. 205]

(1)  Number of consulates outside the Schengen area set up or upgraded with the support of the instrument out of the total number of consulates set up or upgraded of the Member State outside the Schengen area.

(2)  Number of staff trained and number of training courses in aspects related to the common visa policy with the support of the instrument.

(3)  Number of IT functionalities developed, implemented, maintained or upgraded with the support of the instrument, including for interoperability purposes:

–  VIS;

–  EES;

–  Any other large-scale IT systems within the scope of this Regulation.

(4)  Number of forms of cooperation among Member States in visa processing set up and upgraded with the support of the instrument:

–  co-locations;

–  common application centres;

–  representations;

–  others.

(5)  Number of Schengen Evaluation recommendations in the area of the common visa policy implemented with the support of the instrument, as a share of the total number of recommendations having financial implications.

(6)  Number of visa required countries where the number of Member States present or represented has increased with the support of the instrument.

(1) Not yet published in the Official Journal.
(2)OJ C […], […], p. […].
(3)OJ C […], […], p. […].
(4) Position of the European Parliament of 13 March 2019.
(5)Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
(6)COM(2015)0240 of 13 May 2015.
(7)http://www.consilium.europa.eu/en/press/press-releases/2016/12/15/euco-conclusions-final/
(8)European Council conclusions, 22-23 June 2017.
(9)COM(2017)0794.
(10) Commission statement on the management of flows of persons at the borders between Slovenia and Croatia of 29 April 2017.
(11) Commission Recommendation (EU) 2017/1804 of 3 October 2017 on the implementation of the provisions of the Schengen Borders Code on temporary reintroduction of border control at internal borders in the Schengen area (OJ L 259, 7.10.2017, p. 25).
(12)Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
(13)OJ L […], […], p.
(14)OJ L […], […], p.
(15)OJ L 144, 6.6.2007, p. 22.
(16)Regulation (EU) 2017/2226 of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).
(17)Regulation (EC) No 767/2008/EC of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
(18)COM(2016)0731 of 16 November 2016.
(19)COM(2016)0272 of 4 May 2016.
(20)COM(2016)0881, 0882 and 0883 of 21 December 2016.
(21)COM(2017)0344 of 29 June 2017.
(22)COM(2017)0794 of 12 December 2017.
(23)EUCO 22/15 CO EUR 8 CONCL 3.
(24)Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis (OJ L 295, 6.11.2013, p. 27).
(25)OJ L 236, 23.9.2003, p. 946.
(26)Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual (OJ L 99, 17.4.2003, p. 8).
(27)Council Regulation (EC) No 694/2003 of 14 April 2003 on uniform formats for Facilitated Transit Documents (FTD) and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC) No 693/2003 (OJ L 99, 17.4.2003, p. 15).
(28)OJ L […], […], p.
(29)Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1).
(30)Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p. 1).
(31)Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).
(32)OJ C […], […], p. […].
(33)OJ C […], […], p. […].
(34)OJ C […], […], p. […].
(35)Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
(36)Council Regulation (Euratom, EC) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
(37)Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
(38)Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
(39)Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
(40)Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).
(41)Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1.
(42)OJ L 123, 12.5.2016, p. 1.
(43)OJ L 55, 28.2.2011, p. 13.
(44)OJ L 176, 10.7.1999, p. 36.
(45)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 (OJ L 176, 10.7.1999, p. 31).
(46)OJ L 53, 27.2.2008, p. 52.
(47)Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of 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 (OJ L 53, 27.2.2008, p. 1).
(48)OJ L 160, 18.6.2011, p. 21.
(49)Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).
(50)Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).
(51)OJ L […], […], p.
(52)OJ L […[, […], p.
(53)Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
(54) Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90)
(55) Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).
(56) Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).
(57) Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).


Establishing the Internal Security Fund ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Internal Security Fund (COM(2018)0472 – C8-0267/2018 – 2018/0250(COD))
P8_TA(2019)0177A8-0115/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0472),

–  having regard to Article 294(2), Article 82(1), Article 84 and Article 87(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0267/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A8-0115/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) .../… of the European Parliament and of the Council establishing the Internal Security Fund

P8_TC1-COD(2018)0250


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 82(1), 84 and 87(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  Ensuring While national internal security, which is remains a competence of the Member States, is a shared endeavour protecting it requires cooperation and coordination at Union level. Internal security is a joint undertaking to which the EU institutions, relevant Union agencies and Member States, with the help of the private sector and civil society, should jointly contribute. In the period 2015 to 2020, the Commission, the Council of the European Union and the European Parliament have defined common priorities as set out in the European Agenda on Security of April 2015(4), which were reaffirmed by the Council in the renewed Internal Security Strategy of June 2015(5) and by the European Parliament in its Resolution of July 2015(6). That shared strategy aimed at providing the strategic framework for the work at Union level in the area of internal security, and defined the main priorities for action to ensure an effective Union response to security threats for the period 2015-2020, namely tackling preventing and combating terrorism and preventing radicalisation, including online radicalisation, and violent extremism, intolerance and discrimination, disrupting organised crime and fighting cybercrime. [Am. 1]

(2)  In the Rome Declaration signed on 25 September March 2017, leaders of 27 Member States, the European Council, the European Parliament and the European Commission affirmed their determination to a safe and secure Europe and to build a Union where all citizens feel safe and can move freely, where the external borders are secured, with an efficient, responsible and sustainable migration policy, respecting international norms, as well as a Europe determined to fight terrorism and organised crime. [Am. 2]

(3)  The European Council of 15 December 2016 called for continued delivery on the interoperability of EU information systems and databases. The European Council of 23 June 2017 underlined the need to improve the interoperability between databases and on 12 December 2017, the Commission adopted a proposal for a Regulation on establishing a framework for interoperability between EU information systems (Police and judicial cooperation, asylum and migration)(7).

(4)  The Union’s objective of ensuring a high level of security within an area of freedom, security and justice pursuant to Article 67(3) of the Treaty on the Functioning of the European Union (TFEU) should be achieved, among others, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities and other national authorities of Member States, including with relevant Union agencies and other relevant Union bodies, and with relevant third countries and international organisations.

(5)  To achieve this objective, actions should be taken at Union level to protect people and goods, public spaces and critical infrastructure from increasingly transnational threats and to support the work carried out by Member States’ competent authorities. Terrorism, serious and organised crime, itinerant crime, drug and arms trafficking, corruption, money laundering, cybercrime, sexual exploitation, including of children, hybrid threats, as well as chemical, biological, radiological and nuclear threats, trafficking in human beings and arms, among others, continue to challenge the internal security and the internal market of the Union. [Am. 3]

(5a)  The Fund should provide financial support to address the emerging challenges posed by the significant increase in the scale of certain types of crime, such as payment fraud, child sexual exploitation and trafficking in weapons, being committed via the internet in recent years (‘cyber-enabled crimes’). [Am. 4]

(6)  Funding from the Union budget should concentrate on activities where Union intervention can bring added value compared to action by Member States alone. In-line In line with Articles 84 and 87(2) TFEU, funding should support measures to promote and support the action of Member States in the field of crime prevention, joint training and police and judicial cooperation involving all the Member States’ competent authorities and Union agencies concerning especially information exchange, increased operational cooperation and supporting efforts to strengthen capabilities to combat and to prevent crime. The Fund should not support operating costs and activities related to the essential functions of the Member States concerning the maintenance of law and order and the safeguarding of internal and national security as referred to in Article 72 TFEU. [Am. 5]

(7)  To preserve the Schengen acquis and the entire Union internal market area, and to strengthen its functioning, Member States have, since 6 April 2017, been obliged to carry out systematic checks against relevant databases on EU citizens who are crossing the EU’s external borders. Furthermore, the Commission issued a Recommendation to Member States to make better use of police checks and cross-border cooperation. Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and freedoms and the rule of law, a strong attention to the global perspective and the necessary coherence with the external dimension of security should be key principles guiding the Union and Member States’ action towards the development of an effective and genuine security union. [Am. 6]

(8)  To contribute to the development and implementation of an effective and genuine security union aiming at ensuring a high level of internal security throughout the European Union, Member States should be provided with adequate Union financial support by setting up and managing an Internal Security Fund (‘the Fund’).

(9)  The Fund should be implemented in full compliance with the rights values enshrined in Article 2 of the Treaty on European Union (TEU), and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental human rights. In particular, this Regulation seeks to ensure that fundamental rights, such as the right to human dignity, the right to life, the prohibition of torture and inhuman or degrading treatment or punishment, the right to protection of personal data, the rights of the child and the right to have an effective remedy, are fully respected. It also seeks to promote the application of the principle of non-discrimination. [Am. 7]

(10)  Pursuant to Article 3 TEU, the Fund should support activities which ensure the protection of children against violence, abuse, exploitation and neglect. The Fund should also support safeguards and assistance for child witnesses and victims, in particular those who are unaccompanied or otherwise in need of guardianship.

(10a)  Raising awareness among law enforcement personnel about issues related to all forms of racism, including antisemitism and antiziganism, is a key success factor for internal security. Awareness-raising training and education measures for law enforcement actors should therefore be included in the scope of the Fund in order to increase trust-building capacity at a local level. [Am. 8]

(11)  In line with the shared priorities identified at Union level to ensure a high level of security in the Union, the Fund will support actions aimed at addressing the main security threats and in particular tackling preventing and combating terrorism and violent extremism, including radicalisation, intolerance and discrimination, serious and organised crime, and cybercrime and as well as assisting and protecting victims of crime and protecting critical infrastructure. The Fund will ensure that the Union and its Member States are well equipped also to address evolving and emerging threats, such as trafficking, including via online channels, hybrid threats and chemical, biological, radiological and nuclear threats, with a view to implementing a genuine security union. This should be pursued through financial assistance to support better information exchange, increase operational cooperation and improve national and collective capabilities. [Am. 9]

(12)  Within the comprehensive framework of the Fund, the financial assistance provided through the Fund should in particular support exchange of and access to information as well as police and judicial cooperation and prevention in the fields of serious and organised crime, illicit arms trafficking, corruption, money laundering, drug trafficking, environmental crime, exchange of and access to information, terrorism, trafficking in human beings, exploitation of illegal immigration, child refugees and irregular migrants, severe labour exploitation, sexual exploitation and abuse, including of children and women, distribution of child abuse images and child pornography, and cybercrime. The Fund should also support the protection of people, public spaces and critical infrastructure against security-related incidents and the effective management of security-related risks and crises, including through joint training, the development of common policies (strategies, policy cycles, programmes and action plans), legislation and practical cooperation. [Am. 10]

(12a)  The Fund should provide assistance to law enforcement authorities irrespective of their organisational structure under national law. For this reason, actions involving military forces charged with internal security tasks should also be eligible for support from the Fund, to the extent that such actions serve to contribute to the achievement of the specific objectives of the Fund. In emergency situations, and to address and prevent serious risks to public security, including in the aftermath of a terrorist attack, actions by military forces inside the territory of the Member State should be eligible for support from the Fund. Peace-keeping or defence actions outside the territory of the Member State should under no circumstances be eligible for assistance from the Fund. [Am. 11]

(13)  The Fund should build on the results and investments of its predecessors: the Prevention and fight against crime (ISEC) programme and the Prevention, preparedness and consequence management of terrorism and other security-related risks (CIPS) programme for the period 2007-2013 and the instrument for police cooperation, preventing and combating crime, and crisis management as part of the Internal Security Fund for the period 2014-2020, established by Regulation (EU) No 513/2014 of the European Parliament and of the Council(8), and should be extended it to take into account new developments.

(14)  There is a need to maximise the impact of Union funding by mobilising, pooling and leveraging public and private financial resources. The Fund should promote and encourage the active and meaningful participation and involvement of civil society, including non-governmental organisations, as well as the European industrial sector in the development and implementation of security policy, in particular as regards cybersecurity, including where relevant with involvement of other relevant actors, Union agencies and other Union bodies, third countries and international organisations in relation to the objective of the Fund. However, it should be ensured that support from the Fund is not used to delegate statutory or public tasks to private actors. [Am. 12]

(15)  Within the comprehensive framework of the Union’s anti-drugs strategy, which advocates a balanced approach based on a simultaneous reduction in supply and demand, the financial assistance provided under this Fund should support all actions aimed at preventing and combating trafficking in drugs (supply and demand reduction), and in particular measures targeting the production, manufacture, extraction, sale, transport, importation and exportation of illegal drugs, including possession and purchase with a view to engaging in drug trafficking activities. The Fund should in particular cover the prevention aspects of the drugs policy. To bring further synergies and clarity in the drugs-related area, these elements of drugs-related objectives – which in 2014-2020 were covered by the Justice programme – should be incorporated into the Fund.

(16)  With a view to ensuring that the Fund makes an effective contribution to a higher level of internal security throughout the European Union, to the development of a genuine security union, it should be used in a way that adds most European value to the action of the Member States. [Am. 13]

(17)  In the interests of solidarity within the Union, and in the spirit of shared responsibility for the security therein, where weaknesses or risks are identified, in particular following a Schengen evaluation, the Member State concerned should adequately address the matter by using resources under its programme to implement recommendations adopted pursuant to Council Regulation (EU) No 1053/2013(9).

(18)  To contribute to the achievement of the objectives of the Fund, Member States should ensure that the priorities of their programmes address contribute to the achievement of the specific objectives of the Fund, that the priorities chosen are in-line with the implementing measures as set out in Article 3a and that the allocation of resources between objectives is proportionate to challenges and needs and ensures that the overall policy objective can be met. [Am. 14]

(19)  Synergies, consistency and efficiency should be sought with other EU funds and overlap between the actions should be avoided.

(20)  The Fund should be coherent with and complementary to other Union financial programmes in the field of security. Synergies will be sought ensured in particular with the Asylum and Migration Fund, the Integrated Border Management Fund consisting of the border management and visa instrument established by Regulation (EU) X and the customs control equipment instrument established by Regulation (EU) X as well as the other Cohesion Policy Funds covered by Regulation (EU) X [CPR], the security research part of the Horizon Europe programme established by Regulation (EU) X, the Rights and Values programme established by Regulation X, the Justice programme established by Regulation EU X, the Digital Europe programme established by Regulation EU X and the InvestEU programme established by Regulation EU X. Synergies should be sought in particular on security of infrastructure and public spaces, cybersecurity, the protection of victims and the prevention of violent extremism, including radicalisation. Effective coordination mechanisms are essential to maximise the effective achievement of policy objectives, exploit economies of scale and avoid overlaps between actions. [Am. 15]

(21)  Measures in and in relation to third countries supported through the Fund should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union's external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of external action, the Union’s external action and foreign policy and development aid policy related to the country or region in question. In relation to the external dimension, the Fund should enhance cooperation with third countries in areas of interest to the Union’s internal security, such as countering terrorism and radicalisation, cooperation with third country law enforcement authorities in the fight against terrorism (including detachments and joint investigation teams), trafficking, in particular of arms, drugs, endangered species and cultural goods, serious and organised crime and corruption, trafficking in human beings and migrant smuggling. [Am. 16]

(22)  Funding from the Union budget should concentrate on activities where Union intervention can bring added value as compared to actions by Member States alone. Security has an inherently cross-border dimension and therefore a strong, coordinated Union response is required. Financial support provided under this Regulation will contribute in particular to strengthening national and Union capabilities in the security area.

(23)  A Member State may be deemed not to be compliant with the relevant Union acquis as regards the use of operating support under this Fund if it has failed to fulfil its obligations under the Treaties in the area, of security if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on security or if an evaluation report under the Schengen evaluation and monitoring mechanism identified deficiencies in the relevant area.

(23a)  Under Regulation (EU) No X of the European Parliament and of the Council(10), the Union should take action to protect its budget whenever a generalised deficiency as regards the rule of law is established in a Member State. Regulation (EU) No X should apply to this Fund. [Am. 17]

(24)  The Fund should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this Regulation. The implementation of the Fund should be guided by the principles of efficiency, effectiveness and quality of spending. Furthermore, the implementation of the Fund should be as user-friendly as possible. [Am. 18]

(25)  This Regulation should establish the initial amounts to Member States calculated on the basis of criteria laid down in Annex I.

(26)  These initial amounts should form the basis for Member States’ long‑term investments in security. To take account of changes in internal and external security threats or in the baseline situation, an additional amount should be allocated to the Member States at mid-term based on the latest available statistical data, as set out in the distribution key, taking into account the state of programme implementation. [Am. 19]

(26a)  The critical infrastructure that the Member States have to protect should be taken into account when resources available from the Fund are distributed. [Am. 20]

(27)  As challenges in the area of security are constantly evolving, there is a need to adapt the allocation of funding to changes in internal and external security threats and steer funding towards the priorities with the highest added value for the Union. To respond to pressing needs, changes in policy and Union priorities and to steer funding towards actions with a high level of Union added value, part of the funding will be periodically allocated to specific actions, Union actions and emergency assistance via a thematic facility. [Am. 21]

(28)  Member States should be encouraged to use part of their programme allocation to fund actions listed in Annex IV benefiting from a higher Union contribution, primarily because of their significant European added value or their high importance for the Union. [Am. 22]

(29)  Part of the available resources under the Fund could also be distributed for the implementation of specific actions which require cooperative effort amongst Member States or where new developments in the Union require additional funding to be made available to one or more Member States. These specific actions should be defined by the Commission in its work programmes.

(30)  The Fund should contribute to supporting operating costs related to internal security and enable Member States to maintain capabilities which are crucial to the Union as a whole. Such support consists of full reimbursement of a selection of specific costs related to the objectives under the Fund and should form an integral part of the Member States’ programmes.

(31)  To complement the implementation of its policy objective at national level through Member States’ programmes, the Fund should also provide support for actions at Union level. Such actions should serve overall strategic purposes within the scope of intervention of the Fund relating to policy analysis and innovation, transnational mutual learning and partnerships and the testing of new initiatives and actions across the Union or among certain Member States. In this regard, cooperation between Member States’ intelligence services should be encouraged with a view to ensure the necessary information exchange to enhance the effectiveness of the fight against terrorism as well as serious and organised crime, and to contribute to a better understanding of their cross-border nature. The Fund should support Member States’ efforts to exchange best practice and to promote joint training in order to help develop a culture of cooperation and mutual trust between intelligence services as well as between intelligence services and Europol. [Am. 23]

(32)  In order to strengthen the Union’s capacity to react immediately to security-related incidents or newly emerging threats to the Union, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation. Emergency assistance should therefore not be provided to support mere contingency and long-term measures or to address situations where the urgency to act results from inadequate administrative organisation and insufficient operational planning on the part of the competent authorities.

(33)  In order to ensure the necessary flexibility of action and respond to emerging needs, it should be made possible for decentralised agencies to be provided with the appropriate additional financial means to carry out certain emergency tasks. In instances where the task to be undertaken is of such urgent nature that an amendment of their budgets could not be finalised in time, decentralised agencies should be eligible as beneficiaries of emergency assistance, including in the form of grants, consistent with priorities and initiatives identified at Union level by the EU institutions.

(33a)  In light of the transnational nature of Union actions and in order to promote coordinated action to fulfil the objective of ensuring the highest level of security in the Union, decentralised agencies should also be eligible as beneficiaries of Union action, including in the form of grants. Such support should be consistent with the priorities and initiatives identified at Union level by the Union institutions to ensure European added value. [Am. 24]

(34)  The policy objective of this Fund will be also addressed through financial instruments and budgetary guarantee under the policy windows of the InvestEU. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the Internal market. Actions should have a clear European added value.

(35)  This Regulation lays down a financial envelope for the Internal Security Fund (ISF) which is to constitute the prime reference amount, within the meaning of paragraph X of the Interinstitutional Agreement of X between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(11), for the European Parliament and the Council during the annual budgetary procedure.

(36)  Regulation (EU, Euratom) No [the new FR](12) (the ‘Financial Regulation’) applies to this Fund. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees. In order to ensure coherence in the implementation of Union funding programmes, the Financial Regulation is to apply to the actions to be implemented in direct or indirect management under ISF.

(37)  For the purpose of implementation of actions under shared management, the Fund should form part of a coherent framework consisting of this Regulation, the Financial Regulation and the Common Provisions Regulation (EU) No X [CPR](13). In the event of conflicting provisions, this Regulation should take precedence over Regulation (EU) No X [CPR]. [Am. 159]

(38)  Regulation (EU) No X [CPR] establishes the framework for action by the European Regional Development Fund (ERDF), the European Social Fund Plus (ESF+), the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum, and Migration and Integration Fund (AMIF), Internal Security Fund (ISF) and the instrument for border management and visa (BMVI), as a part of the Integrated Border Management Fund (IBMF), and it lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for EU funds implemented under shared management. Additionally it is necessary to specify the objectives of the Internal Security Fund in this Regulation, and to lay down specific provisions concerning the activities that may be financed with the support of this Fund. [Am. 26]

(38a)  To ensure that the Fund supports actions addressing all the specific objectives of the Fund, and that the allocation of resources among the objectives is proportionate to challenges and needs, so that the objectives can be met, a minimum percentage of allocation from the Fund should be defined for each specific objective of the Fund, both for the national programmes and the thematic facility. [Am. 27]

(39)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the objectives of the actions and to deliver results, taking into account, in particular, the costs of control, the administrative burden, and then expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

(40)  In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(14), Council Regulation (Euratom, EC) No 2988/95(15), Council Regulation (Euratom, EC) No 2185/96(16) and Council Regulation (EU) 2017/1939(17), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and/or criminal sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrate investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other criminal offences affecting the financial interests of the Union. In accordance with Council Regulation (EU) 2017/1939, the European Public Prosecutor’s Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council(18). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. Member States shall cooperate fully and provide all necessary assistance to Union institutions, agencies and bodies in the protection of the Union's financial interests. The results of investigations into irregularities or fraud in relation to the Fund should be made available to the European Parliament. [Am. 28]

(41)  Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

(42)  Pursuant to Article 94 of Council Decision 2013/755/EU(19), persons and entities established in overseas countries and territories (OCTs) are eligible for funding subject to the rules and objectives of the Fund and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked.

(43)  Pursuant to Article 349 of the TFEU and in line with the Commission Communication "A stronger and renewed strategic partnership with the EU's outermost regions(20)", endorsed by the Council in its conclusion of 12 April 2018, relevant Member States should ensure that their programmes address the specific challenges the outermost regions face. The Fund supports these Member States with adequate resources to help these regions as appropriate. [Am. 29]

(44)  Pursuant to paragraph 22 and 23 of the Interinstitutional Agreement for Better Law-Making of 13 April 2016(21), there is a need to evaluate this Fund on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Fund on the ground. In order to measure the achievements of the Fund, indicators and related targets should be established in relation to each specific objective of the Fund. Those indicators should include qualitative and quantitative indicators. [Am. 30]

(45)  Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Fund will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives. Relevant actions will be identified during the Fund's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes over the MFF 2021-2027 period and an annual target of 30 % as soon as possible and at the latest by 2027. [Am. 31]

(46)  Through these indicators and financial reporting, the Commission and the Member States should monitor the implementation of the Fund in accordance with the relevant provisions of Regulation (EU) No X [CPR] and this Regulation. To adequately fulfil its supervisory role, the Commission should be in a position to establish the amounts actually spent from the Fund in a given year. When reporting the annual accounts of their national programme to the Commission, Member States should therefore distinguish between recoveries, pre-financing payments to final beneficiaries and reimbursement of expenditure that was actually incurred. To facilitate the audit and the monitoring of the implementation of the Fund, the Commission should include those amounts in its annual implementation report for the Fund. The Commission should present a summary of the accepted annual performance reports to the European Parliament and the Council every year. Upon request, the Commission should make the full text of the annual performance reports available to the European Parliament and the Council. [Am. 32]

(47)  In order to supplement and amend non-essential elements in this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of work programmes for the thematic facility, the list of actions eligible for higher co-financing as listed in Annex IV, operating support and in order to further develop the monitoring and evaluation framework. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016. [Am. 33]

(48)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred to the Commission. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(22). The examination procedure should be used for implementing acts that lay down common obligations on Member States, in particular on the provision of information to the Commission, and the advisory procedure should be used for the adoption of implementing acts relating to the modalities of providing information to the Commission in the framework of programming and reporting, given their purely technical nature. [Am. 34]

(49)  In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(50)  In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, Ireland [is not taking part in the adoption of this Regulation and is not bound by it or subject to its application / has notified its wish to take part in the adoption and application of this Regulation].

(51)  It is appropriate to align the period of application of this Regulation with that of Council Regulation (EU, Euratom) No X laying down the multiannual financial framework(23),

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1.  This Regulation establishes the Internal Security Fund (‘the Fund’) for the period from 1 January 2021 to 31 December 2027. [Am. 35]

2.  It This Regulation lays down:

(a)  the objectives of the Fund, ;

(b)  the specific objectives of the Fund and measures to implement those specific objectives;

(c)  the budget for the period 2021-2027, ;

(d)  the forms of Union funding and the rules for providing for such funding. [Am. 36]

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)  'blending operation' means actions supported by the Union budget, including within blending facilities pursuant to Article 2(6) of the Financial Regulation, combining non-repayable forms of support and/or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors;

(b)  ‘crime prevention’ means all measures that are intended to reduce or otherwise contribute to reducing crime and citizens’ feeling of insecurity, as referred to in Article 2(2) of Council Decision 2009/902/JHA(24);

(c)  ‘critical infrastructure’ means an asset, network, system or part thereof which is essential for the maintenance of vital societal functions, health, safety, security, economic or social well‑being of people, and the disruption, 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;

(d)  ‘cybercrime’ means cyber-dependent crimes, that is to say crimes that can be committed only through the use of information and communications technology (ICT) devices and systems, where the devices and systems are either tools for committing the crime or the primary targets of the crime; and cyber-enabled crimes, that is to say traditional crimes, such as child sexual exploitation, which can be increased in scale or reach by the use of computers, computer networks or other forms of ICT; [Am. 37]

(e)  ‘EMPACT actions’ means actions undertaken in the framework of the European multidisciplinary platform against criminal threats (EMPACT)(25). EMPACT is a structured multidisciplinary cooperation platform of the relevant Member States, Union institutions and agencies, as well as third countries, international organisations and other public and private partners to address prioritised threats of organised and serious international crime under the EU Policy Cycle;

(f)  ‘EU Policy Cycle’ refers to an intelligence-led and multidisciplinary initiative with the aim to fight the most important serious and organised crime threats to the Union by encouraging cooperation between the Member States, the Union institutions, the Union Justice and Home Affairs the agencies and where relevant third countries and specific international organisations; [Am. 38]

(g)  ‘exchange of and access to information’ means the secure collection, storage, processing, analysis and exchange of information relevant to the authorities referred to in Article 87 TFEU as well as to Europol, Eurojust and the European Public Prosecutor’s Office in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular terrorism and cybercrime, as well as cross-border serious and organised crime processed in compliance with applicable Union data protection rules; [Am. 39]

(h)  ‘judicial cooperation’ means judicial cooperation in criminal matters; [Am. 40]

(i)  ‘LETS’ means the European Law Enforcement Training Scheme, aimed at equipping law enforcement officers with the knowledge and skills they need to prevent and combat organised and serious cross-border crime and terrorism effectively through efficient cooperation, as outlined in the Commission Communication of 27 March 2013 on establishing a European LETS(26) and further referred to in the CEPOL Regulation(27); [Am. 41]

(j)  ‘organised crime’ means punishable conduct relating to participation in a criminal organisation, as defined in Council Framework Decision 2008/841/JHA(28);

(k)  ‘preparedness’ means any measure specific measures aimed at preventing or reducing risks linked to possible terrorist attacks or other security-related incidents; [Am. 42]

(l)  ‘Schengen evaluation and monitoring mechanism’ means the verification of the correct application of the Schengen acquis as laid down in Regulation (EU) No 1053/2013, including in the area of police cooperation;

(m)  ‘tackling corruption’ covers all areas outlined in the United Nations Convention against corruption, including prevention, criminalisation and law enforcement measures, international cooperation, asset recovery, technical assistance and information exchange;

(n)  ‘terrorism’ means any of the intentional acts and offences as defined in Directive (EU) 2017/541 of the European Parliament and of the Council on combating terrorism(29).

Article 3

Objectives of the Fund

1.  The policy objective of the Fund shall be to contribute to ensuring a high level of security in the Union, inter alia through increased cooperation, in particular by tackling preventing and combating terrorism and violent extremism, including radicalisation, serious and organised crime and, cybercrime and, as well as by assisting and protecting victims of crime.The Fund shall also support preparedness for and management of security-related incidents. [Am. 43]

2.  Within the policy objective set out in paragraph 1, the Fund shall contribute to the following specific objectives:

(a)  to increase improve and facilitate the exchange of relevant and accurate information among and within the Union law enforcement and judicial authorities of the Member States, other competent authorities of the Member States and other relevant Union bodies as well as, in particular Europol and Eurojust, and, where relevant, with third countries and international organisations; [Am. 44]

(b)  to improve and intensify cross-border coordination and cooperation, including relevant joint operations among and within the Union Member States’ law enforcement and other competent authorities in relation to terrorism, and serious and organised crime with a cross-border dimension; and [Am. 45]

(c)  to support effort at the necessary strengthening of the capabilities of the Member States in relation to combatting and preventing crime, including terrorism, cybercrime and violent extremism, including radicalisation, in particular through increased cooperation between public authorities, the relevant Union agencies, civil society and private partners actors, within and across the Member States., and civilian crisis management following a security-related incident; [Am. 46]

(ca)  to develop a common intelligence culture by supporting contacts and mutual trust, understanding and learning, the dissemination of know-how and best practices among the intelligence services of the Member States and with Europol, notably through joint training and the exchange of experts. [Am. 47]

3.  Within the specific objectives set out in paragraph 2, the Fund shall be implemented, inter alia, through the implementation measures listed in Annex II Article 3a. [Am. 48]

4.  Actions Operations funded shall be implemented in full respect for compliance with fundamental rights and human dignity and the values enshrined in Article 2 TEU, and the funding shall be interrupted and recovered in case of clear and substantiated evidence that the actions contribute to violation of such rights. In particular, actions operations shall comply with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In particular, wherever possible, Special attention shall be given by Member States when implementing actions to the assistance and protection of operations relating to vulnerable persons, in particular children and unaccompanied minors. [Am. 49]

Article 3a

Implementation measures

1.  The Fund shall contribute to achieving the specific objective set out in Article 3(2)(a) by focusing on the following implementation measures:

(a)  ensuring uniform application of the Union acquis on security, supporting the exchange of relevant information, including through the implementation of recommendations from quality control and evaluation mechanisms, such as the Schengen evaluation mechanism and other quality control and evaluation mechanisms;

(b)  setting up, adapting and maintaining security-relevant Union IT systems and communication networks, including ensuring their interoperability, and developing appropriate tools to address identified gaps;

(c)  increasing the active use of Union security-relevant information exchange tools, systems and databases, improving the interconnection of security-relevant national databases as well as their connection to Union databases when foreseen in relevant legal bases, ensuring that those databases are fed with relevant high quality data; and

(d)  supporting relevant national measures to implement the specific objectives set out in Article 3(2)(a).

2.  The Fund shall contribute to the specific objective set out in Article 3(2)(b) by focusing on the following implementation measures:

(a)  increasing relevant law enforcement operations between Member States, including, where appropriate, with other relevant actors, in particular facilitating and improving the use of joint investigation teams, joint patrols, hot pursuits, discreet surveillance and other operational cooperation mechanisms in the context of the EU Policy Cycle (EMPACT), with special emphasis on cross-border operations;

(b)  increasing coordination and cooperation of law enforcement and other competent authorities within and between Member States and with other relevant actors, for example through networks of specialised national units, Union networks and cooperation structures, Union centres;

(c)  improving inter-agency cooperation and, at Union level, between the Member States themselves, or between Member States, on the one hand, and the relevant Union bodies, offices and agencies on the other hand, as well as at national level among the competent national authorities in each Member State;

3.  The Fund shall contribute to the specific objective set out in Article 3(2)(c) by focusing on the following implementation measures:

(a)  increasing law enforcement training, exercises and mutual learning, notably by including elements aimed at raising awareness on issues related to radicalisation, violent extremism and racism, specialised exchange programmes between Member States, including for junior law enforcement staff, and sharing of best practice including with third countries and other relevant actors;

(b)  exploiting synergies by pooling resources and knowledge among Member States and other relevant actors, including civil society through, for instance, the creation of joint centres of excellence, the development of joint risk assessments, common operational support centres for jointly conducted operations, or the sharing of best practices in preventing crime at the local level;

(c)  promoting and developing measures, safeguards, mechanisms and best practices for the early identification, protection and support of witnesses, whistle-blowers and victims of crime and developing partnerships between public authorities and other relevant actors to this effect;

(d)  acquiring relevant equipment and setting up or upgrading specialised training facilities and other essential security relevant infrastructure to increase preparedness, resilience, public awareness and adequate response to security threats;

(e)  detecting, assessing and closing vulnerabilities in critical infrastructure and IT equipment with high market penetration in order to prevent attacks against information systems and critical infrastructure, for instance by code auditing of free and open source software, by establishing and supporting bug bounty programmes, or by penetration testing.

4.  The Fund shall contribute to the achievement of the specific objective set out in Article 3(2)(ca) by focusing on the following implementation measures:

(a)  improving cooperation and coordination among the intelligence services of the Member States and between these services and law enforcement authorities through contacts, networking, mutual trust, understanding and learning, exchange and dissemination of know-how, experience and best practices, in particular with regard to support for police investigations and threat assessment;

(b)  the exchange of and training of intelligence officers. [Am. 50]

Article 4

Scope of support

1.  Within the objectives referred to in Article 3 and In-line with the implementation measures listed in Annex II Article 3a, the Fund shall in particular support actions that contribute to the achievement of the objectives referred to in Article 3. They may include the actions listed in Annex III. [Am. 51]

2.  To achieve the objectives referred to in Article 3 of this Regulation, the Fund may in exceptional cases, within defined limits and subject to appropriate safeguards, support the actions in-line with Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5. [Am. 52]

2a.  The total amount of funding for supporting actions in or in relation to third countries under the thematic facility in accordance with Article 8 shall not exceed 2 % of the total amount allocated to the thematic facility under Article 7(2)(b). [Am. 53]

2b.  The total amount of funding for supporting actions in or in relation to third countries under the Member States' programmes in accordance with Article 12 shall not exceed, for each Member State, 2 % of the total amount allocated to that Member State in accordance with Article 7(2)(a), Article 10(1) and Annex I. [Am. 54]

3.  The following actions shall not be eligible:

(a)  actions limited to, or mainly consisting of, the maintenance of public order at national level; [Am. 55]

(b)  actions covering the purchase or maintenance of standard equipment, standard means of transport or standard facilities of the law‑enforcement and other competent authorities referred to in Article 87 TFEU;

(c)  actions with a military or defence purpose;

(d)  equipment of which at least one of the purposes the main purpose is customs control; [Am. 56]

(e)  coercive equipment, including weapons, ammunition, explosives and riot sticks, except for training;

(f)  informant rewards and flash money(30) outside the framework of an EMPACT action.

Where an emergency situation occurs, non-eligible actions referred to in this paragraph points (a) and (b) of the first subparagraph may be considered eligible. [Am. 57]

Article 5

Eligible entities

1.  The following entities may be eligible:

(a)  legal entities established in any of the following countries:

(i)  a Member State or an overseas country or territory linked to it;

(ii)  a third country listed in the work programme under the conditions specified therein, subject to the condition that all actions by, in, or in relation to, that third country fully respect the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and the international obligations of the Union and the Member States. [Am. 58]

(b)  any legal entity created under Union law or any relevant international organisation. [Am. 59]

2.  Natural persons are not eligible.

3.  Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action, following approval by the Commission. [Am. 60]

4.  Legal entities participating in consortia of at least two independent entities, established in different Member States or in overseas countries or territories linked to those states or in third countries, are eligible. [Am. 61]

CHAPTER II

FINANCIAL AND IMPLEMENTATION FRAMEWORK

SECTION 1

Common provisions

Article 6

General principles

1.  Support provided under this Regulation shall complement national, regional and local intervention, and shall focus on bringing European added value to the objectives of this Regulation. [Am. 62]

2.  The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union national instruments and coordinated with other instruments of the Union, in particular actions carried out under other Union funds. [Am. 63]

3.  The Fund shall be implemented under shared, direct or indirect management in accordance with Articles 62(1)(a), (b) and (c) of the Financial Regulation.

Article 7

Budget

1.  The financial envelope for the implementation of the Fund for the period 2021-2027 shall be EUR 2 209 725 000 in 2018 prices (EUR 2 500 000 000 in current prices). [Am. 64]

2.  The financial envelope shall be used as follows:

(a)  EUR 1 325 835 000 in 2018 prices (EUR 1 500 000 000 in current prices) shall be allocated to the programmes implemented under shared management; [Am. 65]

(b)  EUR 883 890 in 2018 prices (EUR 1 000 000 000 in current prices) shall be allocated to the thematic facility. [Am. 66]

3.  Up to 0,84 % of the financial envelope shall be allocated for technical assistance at the initiative of the Commission for the implementation of the Fund.

Article 8

General provisions on the implementation of the thematic facility

1.  The financial envelope referred to in Article 7(2)(b) shall be allocated flexibly through the thematic facility using shared, direct and indirect management as set out in work programmes. Funding from the thematic facility shall be used for its components:

(a)  specific actions;

(b)  Union actions; and

(c)  emergency assistance.

Technical assistance at the initiative of the Commission shall also be supported from the financial envelope for the thematic facility.

2.  Funding from the thematic facility shall address priorities with a high added value to the Union or to be used to respond to urgent needs, in line with agreed Union priorities as outlined in Article 3a, for specific measures such as those listed in Annex II III, or to support measures in accordance with Article 19. The allocation of resources of the thematic facility among the different priorities shall, as far as possible, be proportionate to challenges and needs so as to ensure that the objectives of the Fund can be met. [Am. 67]

2a.  The funding from the thematic facility shall be allocated as follows:

(a)  a minimum of 10 % to the specific objective referred to in point (a) of Article 3(2);

(b)  a minimum of 10 % to the specific objective referred to in point (b) of Article 3(2);

(c)  a minimum of 30 % to the specific objective referred to in point (c) of Article 3(2);

(d)  a minimum of 5 % to the specific objective referred to in point (ca) of Article 3(2). [Am. 68]

3.  When funding from the thematic facility is granted in direct or indirect management to Member States, it no funding shall be ensured that selected available for projects are not affected by , where there is clear evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be in doubt as a result of a reasoned opinion issued by the Commission in respect of an infringement procedure under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of projects TFEU. [Am. 69]

4.  When funding from the thematic facility is implemented in shared management, the Commission shall, for the purposes of Article 18 and Article 19(2) of the Regulation (EU) No X [CPR], assess whether the foreseen actions are not affected by ensure that no funding is available for projects, where there is clear evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be in doubt as a result of a reasoned opinion issued by the Commission in respect of an infringement procedure under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of the projects TFEU. [Am. 70]

5.  The Commission shall establish the overall amount made available for the thematic facility at under the annual appropriations of the Union budget. The Commission shall be empowered to adopt financing decisions delegated acts in accordance with Article 28 in order to supplement this Regulation by laying down work programmes as referred to in Article 110 of the Financial Regulation for the thematic facility identifying the objectives and actions to be supported and specifying the amounts for each of its components as referred to paragraph 1. Financing decisions Before the adoption of a work programme, the Commission shall consult relevant stakeholders, including civil society organisations. Work programmes shall set out, where applicable, the overall amount reserved for blending operations. To ensure a timely availability of resources, the Commission may separately adopt a work programme for emergency assistance. [Am. 71]

6.  Following the adopting adoption of the financing decision work programme as referred to in paragraph 5, the Commission may amend the programmes implemented under shared management accordingly. [Am. 72]

7.  These financing decisions work programmes may be annual or multiannual and may cover one or more components of the thematic facility. [Am. 73]

SECTION 2

Support and implementation under shared management

Article 9

Scope

1.  This section applies to the part of the financial envelope referred to in Article 7(2)(a) and the additional resources to the implemented under shared management according to the Commission decision for the thematic facility referred to in Article 8.

2.  Support under this section shall be implemented under shared management in accordance with Article 63 of the Financial Regulation and the Regulation (EU) No [CPR].

Article 10

Budgetary resources

1.  Resources referred to in Article 7(2)(a) shall be allocated to the national programmes implemented by Member States under shared management (‘the programmes’) indicatively as follows:

(a)  EUR 1 250 000 000 to the Member States in accordance with the criteria in Annex I;

(b)  EUR 250 000 000 to the Member States for the adjustment of the allocations for the programmes as referred to in Article 13(1).

2.  Where the amount referred to in paragraph 1(b) is not allocated, the remaining amount may be added to the amount referred to in Article 7(2)(b).

Article 11

Co-financing rates

1.  The contribution from the Union budget shall not exceed 75 % of the total eligible expenditure of a project.

2.  The contribution from the Union budget may be increased to 90 % of the total eligible expenditure for projects implemented under specific actions.

3.  The contribution from the Union budget may be increased to 90 % of the total eligible expenditure for actions listed in Annex IV.

4.  The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for operating support.

5.  The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for emergency assistance.

5a.  The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for technical assistance at the initiative of the Member States. [Am. 74]

6.  The Commission decision approving a programme shall set the co-financing rate and the maximum amount of support from this Fund for the types of actions referred to in paragraphs 1 to 5.

7.  For each specific objective, the Commission decision shall set out whether the co-financing rate for the specific objective is to be applied to:

(a)  the total contribution, including the public and private contributions; or

(b)  the public contribution only.

Article 12

Programmes

1.  Each Member State and the Commission shall ensure that the priorities addressed in its the national programmes are consistent with and respond to Union priorities and challenges in the area of security and are fully in line with the relevant Union acquis and agreed Union priorities. In defining these priorities of their programmes, Member States shall ensure that the implementing measures as set out in Annex II Article 3a are adequately addressed in the programme. [Am. 75]

1a.  When assessing the national programs of the Member States, the Commission shall ensure that the planned actions are not affected by a reasoned opinion that it has delivered concerning an infringement under Article 258 TFEU relating to the legality and regularity of expenditure or the execution of projects. [Am. 76]

1b.  Member States shall allocate the resources for their national programmes as follows:

(a)  a minimum of 10 % to the specific objective referred to in point (a) of Article 3(2);

(b)  a minimum of 10 % to the specific objective referred to in point (b) of Article 3(2);

(c)  a minimum of 30 % of the to the specific objective referred to in point (c) of Article 3(2);

(d)  a minimum of 5 % to the specific objective referred to in point (ca) of Article 3(2)(ca). [Am. 77]

1c.  Member States wishing to derogate from paragraph 1b shall inform the Commission accordingly and shall assess, together with the Commission, whether those minimum percentages should be amended because of particular circumstances affecting internal security. Any such amendments shall be approved by the Commission. [Am. 78]

2.  The Commission shall ensure that the Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Law Enforcement Training (CEPOL), the European Union Agency for Criminal Justice Cooperation (Eurojust), the European Public Prosecutor's Office (EPPO), the European Union Network and Information Security Agency (ENISA), the European Agency for the operational management of large-scale IT Systems (eu-LISA), the European Border and Cost Guard Agency (EBCGA), the European Union Agency for Fundamental Rights (FRA) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) are associated to the involved in the programme development of the programmes at an early stage from the outset, as regards the areas of their competence. Specifically, Member States shall consult Europol on the design of their actions in particular when including EU policy cycle or EMPACT actions or actions coordinated by the Joint Cybercrime Action Taskforce (J-CAT) in their programmes. Prior to including training in their programmes, Member States shall coordinate with CEPOL in order to avoid overlaps. Members States shall also consult other relevant stakeholders, including civil society organisations, on the planning of their actions. [Am. 79]

3.  The Commission may associate the Union Agency for Law Enforcement Cooperation (Europol) Agencies referred to in paragraph 2, the European Union Agency for Law Enforcement Training (CEPOL) Data Protection Board and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA Data Protection Supervisor (EDPS) where appropriate in the monitoring and evaluation tasks as specified in Section 5 in particular in view of ensuring that the actions implemented with the support of the Fund, which fall within their mandate, are compliant with the relevant Union acquis and agreed Union priorities. [Am. 80]

4.  A maximum of 15 % of the allocation of a Member State programme may be used for the purchase of equipment, means of transport or the construction of security-relevant facilities. This ceiling may only be exceeded only in duly justified cases and following approval by the Commission. [Am. 81]

5.  In their programmes, Member States shall give priority to addressing:

(a)  Union priorities and acquis in the area of security in particular the coordination and cooperation between law enforcement authorities and the efficient exchange of relevant and accurate information exchange and the implementation of the components of the framework for interoperability of IT EU information systems; [Am. 82]

(b)  recommendations with financial implications made in the framework of Regulation (EU) No 1053/2013 on the Schengen evaluation and monitoring mechanism in the area of police cooperation;

(c)  country-specific deficiencies with financial implications identified in the framework of needs assessments such as European Semester recommendations in the area of corruption.

6.  Where necessary, the programme shall be amended to take into account the recommendations referred to in paragraph 5 and the progress in achieving the milestones and targets as assessed in the annual performance reports as referred to in Article 26(2)(a). Depending on the impact of the adjustment, the revised programme may shall be approved by the Commission in line with the procedure set out in Article 19 of Regulation (EU) No X [CPR]. [Am. 83]

7.  Member States shall pursue in particular the actions listed in Annex IV. In the event of unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 to amend Annex IV.

8.  Whenever a Member State decides to implement projects with in or in relation to a third country as referred to in Article 5, with the support of the Fund, the Member State concerned shall consult the Commission prior to the start of the project. The Commission shall assess the complementarity and coherence of the projects envisaged with the other actions of the Union and the Member States, in relation to the third country concerned. The Commission shall also check the conformity of the proposed projects with the fundamental rights requirements referred to in Article 3(4). [Am. 84]

9.  Programming as referred to In accordance with Article 17(5) 17 of Regulation (EU) No [CPR] X [CPR], each programme shall be based on set out for each specific objective the types of intervention set out in accordance with Table 1 of Annex VI and an indicative breakdown of the programmed resources by type of intervention or area of support. [Am. 85]

Article 13

Mid-term review

1.  In 2024, after informing the European Parliament, the Commission shall allocate to the programmes of the Member States concerned the additional amount referred to in Article 10(1)(b) in accordance with the criteria referred to in paragraph 2 of Annex I. Funding shall be effective for the period as of the calendar year 2025. [Am. 86]

2.  If at least 10 30 % of the initial allocation of a programme referred to in Article 10(1)(a) has not been covered by interim payment applications submitted in accordance with Article 85 of Regulation (EU) No X [CPR], the Member State concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1. [Am. 87]

2a.   Paragraph 2 shall apply only if the relevant regulatory framework and related acts are in force on 1 January 2022. [Am. 160]

3.  The allocation of the funds from the thematic facility as from 2025 shall, where appropriate, take into account the progress made in achieving the milestones of the performance framework as referred to in Article 12 of Regulation (EU) No X [CPR] and identified implementation shortcomings. [Am. 88]

Article 14

Specific actions

1.  Specific actions are transnational or national projects in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes.

2.  Member States may, in addition to their allocation calculated in accordance with Article 10(1), receive funding for specific actions, provided that it is earmarked as such in the programme and is used to contribute to the implementation of the objectives of this Regulation, including covering newly emerging threats.

3.  The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.

Article 15

Operating support

1.  Operating support is a part of a Member State’s allocation which may be used as support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union insofar as they contribute to ensuring a high level of security in the Union as a whole. [Am. 89]

2.  A Member State may use up to 10 20 % of the amount allocated under the Fund to its programme to finance operating support for the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union. [Am. 90]

3.  A Member State using operating support shall comply with the Union acquis on security.

4.  Member States shall justify in the programme and in the annual performance reports, as referred to in Article 26, the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall assess the baseline situation in the Member States which have indicated their intention to request operating support, taking into account the information provided by those Member States as well as recommendations from quality control and evaluation mechanisms such as the Schengen evaluation mechanism, the vulnerability and risk assessment by the European Border and Cost Guard Agency (EBCGA) and other quality control and evaluation mechanisms, as applicable. [Am. 91]

5.  Operating support shall be concentrated on specific tasks and services actions as laid down in Annex VII. [Am. 92]

6.  To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 to amend the specific tasks and services in Annex VII.

Article 15a

Visibility, transparency and communication

The recipients of Union financing shall comply fully with the visibility, transparency and communication requirements set out in Regulation (EU) No X [CPR]. [Am. 93]

Section 3

Support and implementation under direct and indirect management

Article 16

Scope

Support under this section shall be implemented either directly by the Commission in accordance with point (a) of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that Article.

Article 17

Union actions

1.  Union actions are transnational project or projects of particular interest to the Union, in line with the objectives of this Regulation.

2.  At the Commission’s initiative, the Fund may be used to finance Union actions concerning the objectives of this Regulation as referred to in Article 3 and in accordance with Annex III.

3.  Union actions may provide funding in any of the forms laid down in the Financial Regulation, in particular grants, prizes and procurement. It may also provide financing in the form or financial instruments within blending operations.

3a.  Decentralised agencies may also be eligible for funding available within the framework of Union actions in order to support transnational actions with European added value. [Am. 94]

4.  Grants implemented under direct management shall be awarded and managed in accordance with Title VIII of the Financial Regulation.

5.  The evaluation committee, assessing the proposals, may be composed of external experts.

6.  Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. The provisions laid down in [Article X of] Regulation X [successor of the Regulation on the Guarantee Fund] shall apply.

Article 18

Blending operations

Blending operation decided under this Fund shall be implemented in accordance with the InvestEU Regulation(31) and Title X of the Financial Regulation.

Article 19

Technical assistance at the initiative of the Commission

The Fund may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission. Those measures, namely preparatory, monitoring, control, audit, evaluation, communication, including corporate communication on the political priorities of the Union in the area of security, visibility and all administrative and technical assistance actions necessary for the implementation of this Regulation and, where appropriate, with third countries, may be financed at the rate of 100 %. [Am. 95]

Article 20

Audits

Audits on the use of Union contribution carried out by persons or entities, including by other than those mandated by the Union institutions or bodies, shall form the basis of the overall assurance pursuant to Article 127 of the Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union].

Article 21

Information, communication and publicity

1.  The recipient of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting promote the actions and their results by providing coherent, effective and proportionate targeted meaningful information to multiple relevant audiences, including media and the public in the relevant language. To ensure the visibility of Union funding, recipients of Union funding shall make reference to its origin when communicating the action. To that end, recipients shall ensure that any communication to the media and the general public displays the Union’s emblem and mentions explicitly the Union’s financial support. [Am. 96]

2.  To reach the widest possible audience, the Commission shall implement information and communication actions relating to the Fund and its actions and results. In particular, the Commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility. The Commission shall also publish the list of operations selected for support under the thematic facility on a publicly available website and shall update that list regularly. Financial resources allocated to the Fund shall also contribute to the communication, notably corporate communication of the political priorities of the Union, as far as they are related to the objectives of this Regulation. [Am. 97]

2a.  The Commission shall publish the information referred to in paragraph 2 in open, machine readable formats that allow data to be sorted, searched, extracted, compared and reused, as set out in Article 5(1) of Directive 2003/98/EC of the European Parliament and of the Council(32). It shall be possible to sort the data by priority, specific objective, total eligible cost of operations, total cost of projects, total cost of procurement procedures, name of beneficiary and name of contractor. [Am. 98]

Section 4

Support and implementation under shared, direct and indirect management

Article 22

Emergency assistance

1.  The Fund shall The Commission may decide to provide financial assistance from the Fund to address urgent and specific needs in the event of an a duly justified emergency situation resulting. Those situations can result from a security-related incident or, newly emerging threat or newly detected vulnerability within the scope of this Regulation which has or may have a significant adverse impact on the security of people, public spaces or critical infrastructure in one or more Member States;. In such cases, it shall inform the European Parliament and the Council in a timely manner. [Am. 99]

2.  Emergency assistance may take the form of grants awarded directly to the decentralised agencies.

3.  Emergency assistance may be allocated to Member States’ programmes in addition to their allocation calculated in accordance with Article 10(1), provided that it is earmarked as such in the programme. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.

4.  Grants implemented under direct management shall be awarded and managed in accordance with Title VIII of the Financial Regulation.

4a.  Where necessary for the implementation of the action, emergency assistance may cover expenditure that was incurred prior to the date of submission of the grant application or the request for assistance, but not prior to 1 January 2021. [Am. 100]

Article 23

Cumulative, complementary and combined funding

1.  An action operation that has received a contribution under the Fund may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The rules of each contributing Union programme shall apply to its respective contribution to the action. The cumulative funding shall not exceed the total eligible costs of the action operation and the support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support. [Am. 101]

2.  Actions Operations awarded a seal of Excellence certification, or which comply with the following cumulative comparable conditions: [Am. 102]

(a)  they have been assessed in a call for proposals under the Fund;

(b)  they comply with the minimum quality requirements of that call for proposals;

(c)  they may not be financed under that call for proposals due to budgetary constraints.

may receive support from the European Regional Development Fund, the Cohesion Fund, the European Social Fund+ or the European Agricultural Fund for Rural Development, in accordance with paragraph 5 of Article 67 of Regulation (EU) X [CPR] and Article 8 or Regulation (EU) X [Financing, management and monitoring of the Common Agricultural Policy], provided that such actions operations are consistent with the objectives of the programme concerned. The rules of the Fund providing support shall apply. [Am. 103]

Section 5

Monitoring, reporting and evaluation

Sub-section 1

Common provisions

Article 24

Monitoring and reporting

1.  In compliance with its reporting requirements pursuant to Article 43(3)(h)(i)(iii) of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on performance in accordance with Annex V.

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 28 to amend Annex V in order to make the necessary adjustments to the information on performance to be provided to the European Parliament and the Council.

3.  The indicators to report on progress of the Fund, towards the achievement of the specific objectives set out in Article 3, are set out in Annex VIII. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative. Upon request, the Commission shall make the data on the output and result indicators it has received available to the European Parliament and to the Council. [Am. 104]

4.  The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and where relevant Member States.

5.  In order to ensure effective assessment of the progress of the Fund towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 to amend Annex VIII to review and complement the indicators where necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework, including for project information to be provided by the Member States. Qualitative indicators shall be included for the assessment. [Am. 105]

Article 25

Evaluation

1.  By 31 December 2024, the Commission shall carry out a mid‑term and a retrospective present a mid-term evaluation of this Regulation, including the. The mid-term evaluation shall examine the effectiveness, efficiency, relevance and coherence of the Fund. More specifically, it shall include an assessment of:

(a)  the progress made towards the achievement of the objectives of this Regulation, taking into account all relevant information already available, in particular the annual performance reports referred to in Article 26 and the output and result indicators set out in Annex VIII;

(b)  the European added value of actions and operations implemented under this Fund actions implemented under this Fund.;

(c)  the appropriateness of the implementation measures set out in Article 3 a to address existing and emerging security challenges;

(d)  the longer-term impacts and the sustainability effects of the Fund;

(e)  the complementarity and coherence between the actions supported under this Fund and support provided by other Union funds.

That compulsory midterm evaluation shall take into account retrospective evaluation results on the long-term impact of the previous instrument for financial support for internal security for the period 2014-2020, the Internal Security Fund-Police. The evaluation shall, as appropriate, be accompanied by a legislative proposal for the revision of this Regulation. [Am. 106]

1a.  By 31 January 2030, the Commission shall carry out a retrospective evaluation of this Regulation. By the same date, the Commission shall submit an evaluation report to the European Parliament and to the Council, which includes the elements listed in paragraph 1. In that regard, the longer-term impacts of the instrument shall be evaluated with a view to feeding into a decision on a possible renewal or modification of a subsequent fund. [Am. 107]

2.  The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the timeline set out Article 40 of Regulation (EU) No [CPR] made publicly available and submitted to the Parliament without delay to ensure full transparency. The Commission shall ensure that the evaluations do not include information the dissemination of which may create a risk for the safety or privacy of individuals or jeopardise security operations. [Am. 108]

Sub-section 2

Rules for shared management

Article 26

Annual performance reports

1.  By 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission the annual performance report as referred to in Article 36(6) of Regulation (EU) No [CPR]. The report submitted in 2023 shall cover the implementation of the programme until 30 June 2022. Member States shall publish those reports on a dedicated website and forward them to the European Parliament and the Council. [Am. 109]

2.  The annual performance report shall in particular include information on:

(a)  the progress in the implementation of the programme and in achieving the milestones and targets, taking into account the latest data as required by Article 37 of Regulation (EU) No [CPR];

(aa)  a breakdown of the annual accounts of the national programme into recoveries, pre-financing to final beneficiaries and expenditure actually incurred; [Am. 110]

(b)  any issues affecting the performance of the programme and the actions taken to address them, including reasoned opinions issued by the Commission in respect of an infringement procedure under Article 258; [Am. 111]

(c)  the complementarity, coordination and coherence between the actions supported by the Fund and support provided by other Union funds, in particular those in or in relation to third countries; [Am. 112]

(d)  the contribution of the programme to the implementation of the relevant Union acquis and action plans;

(da)  compliance with fundamental rights requirements; [Am. 113]

(e)  the implementation of communication and visibility actions;

(f)  the fulfilment of the enabling conditions and their application throughout the programming period.

3.  The Commission may make observations on the annual performance report within two months of the date of its receipt. Where the Commission does not provide observations within that deadline, the report shall be deemed to have been accepted.

3a.  Once accepted, the Commission shall make summaries of the annual performance reports available to the European Parliament and the Council and shall publish them on a dedicated website. If not forwarded by the Member States in accordance with paragraph 1, the full text of the annual performance reports shall be made available to the European Parliament and to the Council upon request. [Am. 114]

4.  In order to ensure uniform conditions for the implementation of this Article, the Commission shall adopt an implementing act establishing the template for the annual performance report. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 29(2).

Article 27

Monitoring and reporting

1.  Monitoring and reporting, in accordance with Title IV of Regulation (EU) No [CPR], shall be based on types of intervention set out in Tables 1, 2 and 3 of Annex VI. To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts to amend Annex VI in accordance with Article 28.

2.  The indicators shall be used in accordance with Articles 12(1), 17 and 37 of Regulation (EU) No [CPR].

CHAPTER III

TRANSITIONAL AND FINAL PROVISIONS

Article 28

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts referred to in Articles 8, 12, 15, 24 and 27 shall be conferred on the Commission until 31 December 2028. [Am. 115]

3.  The European Parliament or the Council may revoke the delegation of powers referred to in Articles 8, 12, 15, 24 and 27 at any time. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 116]

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council thereof.

6.  A delegated act adopted pursuant to Articles 8, 12, 15, 24 and 27 shall enter into force only if neither the European Parliament nor the Council has expressed an objection within two months of being notified of it or if, before the expiry of that period, they 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. [Am. 117]

Article 29

Committee procedure

1.  The Commission shall be assisted by a Coordination Committee for the Asylum and Migration Fund, the Internal Security Fund and the Instrument for Border Management and Visa. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3.  Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act. This shall not apply to the implementing act referred to in Article 26(4).

Article 30

Transitional provisions

1.  Regulation (EU) No 513/2014 is repealed with effect from 1 January 2021.

2.  Without prejudice to paragraph 1, this Regulation shall not affect the continuation or modification of the actions concerned, until their closure, under the Police Instrument of the Internal Security Fund, which shall continue to apply to those actions concerned until their closure.

3.  The financial envelope for the Fund may also cover technical and administrative assistance expenses necessary to ensure the transition between the Fund and the measures adopted under its predecessor, the Police Instrument of the Internal Security Fund established by Regulation (EU) No 513/2014.

Article 31

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at ...,

For the European Parliament For the Council

The President The President

ANNEX I

Criteria for the allocation of funding to the programmes under shared management

The financial envelope referred to in Article 10 shall be allocated to the Member States programmes as follows:

(1)  a one-time fixed amount of EUR 5 000 000 will be allocated to each Member State at the start of the programming period to ensure a critical mass for each programme and to cover needs that would not be directly expressed through the criteria indicated below;

(2)  the remaining resources will be distributed according to the following criteria:

(