Brussels, 08 June 2020 Interinstitutional files: 2018/0248(COD)                                                  WK 5955/2020 INIT LIMITE DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC                                              JAI (13.11.2020)                                              FRONT ASIM MIGR CODEC WORKING PAPER This is a paper intended for a specific community of recipients. Handling and further distribution are under the sole responsibility of community members. WORKING DOCUMENT From:                   Presidency To:                     JHA Counsellors on Financial Instruments N° Cion doc.:           10153/18 + ADD 1 Subject:                Proposal for a Regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund - written contributions on the Presidency paper on the ongoing interinstitutional negotiations With reference to CM 2515/20, delegations will find attached the Presidency paper on the ongoing interinstitutional negotiations and which they are requested to examine and send written comments on. WK 5955/2020 INIT LIMITE                                                                                                   EN

Proposal for a Regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund Presidency paper on the ongoing interinstitutional negotiations In view of the current situation, the Council and the European Parliament continued negotiations in writing. Up until now, the comments raised at the meeting of the JHA Counsellors on 28 February, and the comments received in writing thereafter, formed the basis for these negotations. However, as further progress has been made, the Presidency now invites delegations to provide further comments on the specific lines (see Annex), as follows:      Line 88a - definition of 'unaccompanied minor': The Rapporteur is proposing a possible compromise which refers to the definition of 'unaccompanied minor' in Art 2 of Directive 2011/ 95/EU;      Lines 91 and 165 - reference to 'international obligations': The Rapporteur proposed a general reference to interational obligations in these two lines. It is imperative to note that this request is exclusively linked to this reference (highlighted text in the Annex) and is without prejudice to the Council's position on the other elements in the same lines.      Line 96b - Partnerships: The Rapporteur is proposing a possible compromise proposal which should better reflect the CPR. The Presidency is suggesting accepting the compromise subject to clarifying that the list of non-governmental organsiation is a list of examples.      Line 100b - Gender equality and non-discrimination: The EP Rapporteur is suggesting a compromise proposal which the Presidency invites delegations to consider / comment on.      Lines 116 and 204j - Eligible entities: The EP rapporter showed flexibility towards the Council's proposal (line 204j), however the EP believes that there is still a need to clarify if this applies to any third country not mentioned in the Work Programme. Delegations are invited to express their views on this matter. 1

     Line 138 - Thematic Facility: This specific amendment is linked to the overall position of the Council on the status of the Annexes. The EP rapporteur suggests that both co-legislators drop their amendments, and go back to the Commission's original proposal. this means that they will drop their amendment to include reference to 'Annex III' as long as the Council gives up its amendment to include reference to 'overall migratory evolution'. Delegations are invited to comments on the EP's suggestion.      Line 155 - co-financing of NGO projects: Following the feedback from Council in line with the discussions held at the last JHA Counsellors meeting, the EP Rapporteur is suggesting an alternative compromise proposal for a separate recital, while respecting the use of the term 'encourage'. Delegations are invited to consider the EP compromise proposal and indicate their flexibility or send their comments. Delegations are kindly requested to send their replies / comments to the above to the Presidency (DELETED; DELETED; DELETED; DELETED ) and to the General Secretariat of the Council (DELETED) by 17 June 2020 cob, in word format only and without using track changes or comments facility. 2

03/06/2020 LEGEND ST 10153/18 + ADD 1 (COM                     A8-0106/2019                         ST 10148/19               LEGEND proposal –              EP Position at the first reading         Partial general approach 1 471 final/ 471 FV 2)             adopted on 13/03/2019             (JHA Council on 7 June 2019) 1.                                                                                                               Not agreed 2.                                                                                                           Provisionally agreed 3.                                                                                                           Horizontal provision Not agreed N.                                                                                                           Horizontal provision Provisionally agreed 1    Text in square brackets […] is not subject to the partial general approach 3

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Asylum and Migration Fund 2018/0248 (COD) ST 10153/18 + ADD 1 (COM                     A8-0106/2019                         ST 10148/19 proposal –              EP Position at the first reading         Partial general approach 2 471 final/ 471 FV 2)              adopted on 13/03/2019            (JHA Council on 7 June 2019) 88a                                      (ja) ‘unaccompanied minor’                                           Technical -> political means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her                                     The Council agrees in principle, on whether by law or by the                                             the need for a definition. However, practice of the Member State                                         further discussions with delegations concerned, and for as long as                                        are needed on how to proceed. he or she is not effectively taken into the care of such an adult,                                      The Council proposes the following including a minor who is left                                        definition as a possible unaccompanied after he or she                                        compromise: has entered the territory of the "(ja) 'unaccompanied minor' means Member States. [Am. 67] an unaccompanied minor as defined in Article 2 of Directive 2011/95/EU" EP to reflect internally. Exact reference (Article 2 or Article 2 (k) and (l)) to be decided. 2   Text in square brackets […] is not subject to the partial general approach 4

EP Rapporteur’s proposal: 'unaccompanied minor' means an unaccompanied minor as defined in point (l) of Article 2 of Directive 2011/95/EU. Council to consider EP's proposal. 90. Article 3                        Article 3                          Article 3 Objectives of the Fund           Objectives of the Fund             Objectives of the Fund 91. 1.    The policy objective of    1.     The policy objective of the 1.     The policy objective of the Technical -> political the Fund shall be to contribute  Fund shall be to contribute to an  Fund shall be to contribute to an to an efficient management of    efficient management of            efficient management of migration flows in line with the migration flows implementation,    migration flowsin line with the relevant Union acquis and in     strengthening and development      relevant Union acquis and in       Following further clarifications from compliance with the Union’s      of all aspects of the common       compliance with the Union’s        the EP and the Council, the commitments on fundamental       European asylum policy under       commitments on fundamental         Commission suggested the term rights.                          Article 78 TFEU and of the         rights.                            'obligations' instead of 'commitments' common European immigration                                           as a possible compromise: policy under Article 79 TFEU in line with the relevant Union                                          The EP points out that that acquis and in compliance with                                         compromise does not address the first principle of solidarity and fair-                                     part of the EP amendment and is not sharing of responsibility, while                                      sufficient on the second part of the fully respecting the Union’s                                          EP amendment. commitments on and the The EP to suggest possible Member States’ obligations compromise to the references to under international law and the obligations under international law rights and principles enshrined 5

in the Charter of Fundamental and the Charter of Fundamental Rights of the European Union. Rights comparable to Article 3(4) [Am. 68]                      of the ISF(Borders)Regulation (EU) No 515/2014. The issue should be raised again at political level at a later stage. EP Rapporteurs’s proposal: 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 relevant Union acquis and the international obligations of the Union and the Member States arising from international instruments to which they are signatory.. The same wording could then be used in line 165. 6

Council to consider the EP proposal concerning the reference to international obligations across the regulation. This is without prejudice to the Council's position on the policy objective. 96a Article 3a                       EP presented alternative wording to Partnership                      be considered by Council (5/11/2019). Council prefers to await outcome of negotiations on Partnerships under the CPR. EP affirms that an addition in AMIF is appropriate and that there is no need to wait for CPR. 96b For this Fund, partnerships      Technical -> political shall include at least local and regional authorities or their    The EP suggested a compromise at representative associations,     the political trilogue of 5/11. In light relevant international           of subsequent technical discussions, organisations, non-              the EP’s compromise proposal refers governmental organisations, in   to the provisional agreement of the particular refugee and migrants  co-legislators on Article 6 CPR and organisations, national human    could be adjusted to read as follows: rights institutions and equality bodies, and economic and social  "For this Fund, partnerships shall, partners.                        pursuant to point (c) of Article 6(1) of [the CPR], include at least regional, local, urban and other public authorities [or their representative associations], 7

relevant international organisations, non-governmental organisations, in particular refugee and migrant-led organisations, national human rights institutions and equality bodies, and economic and social partners." Further discussions might be necessary at the political level. The Presidency is willing to consider the above compromise proposal subject to replacing 'in particular' with 'such as'. 100a Article 4a                       Technical -> political Gender equality and non- discrimination 100b The Commission and the           Technical -> political Member States shall ensure that gender equality and the          The Council considers this issue part integration of the gender        of the overall discussions on human perspective are an integral part and fundamental rights. of, and are promoted during, the various stages of the        EP will consider the language of implementation of the Fund.      Article 6a CPR with respect to shared The Commission and the           management. Member States shall take all appropriate steps to prevent any Following request by the co- discrimination based on sex,     legislators, the Commission proposed race, colour, ethnic or social   the following possible compromise 8

origin, genetic features,       text that corresponds to Article 6a language, religion or belief,   (new) CPR as provisionally agreed political or other opinion,     by co-legislators and lists the membership of a national        discrimination grounds of Article 19 minority, property, birth,      TFEU: disability, age or sexual       1. "The Member States and the orientation in access to the        Commission shall ensure that Fund and during the various         equality between men and stages of the implementation of     women, gender mainstreaming the Fund. [Am. 79]                  and the integration of gender perspective are taken into account and promoted throughout the preparation, implementation, monitoring, reporting and evaluation of programmes and projects. 2. The Member States and the Commission shall take appropriate steps to exclude any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation, implementation, monitoring, reporting and evaluation of programmes and projects. " Council expressed doubts with the term 'and promoted' in paragraph 1 in the specific context of AMF. EP confirms the term “promote” as 9