wk07999.en20
Dieses Dokument ist Teil der Anfrage „Asylum and Migration Fund 2021–2027“
Brussels, 20 July 2020 Interinstitutional files: 2018/0248(COD) WK 7999/2020 INIT LIMITE JAI 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: General Secretariat of the Council 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 With a view to the informal videoconference meeting of members of the JHA Counsellors on Financial Instruments on 20 July, delegations will find attached the updated status of the relevant lines from the AMF proposal discussed at the technical meeting with the European Parliament on 7 July 2020. WK 7999/2020 INIT LIMITE EN
20/07/2020 post AMF technical meeting on 07/07/2020 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 1
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) 1. Proposal for a Proposal for a 2. REGULATION OF THE REGULATION (EU) 2019/… REGULATION OF THE EUROPEAN OF THE EUROPEAN EUROPEAN PARLIAMENT PARLIAMENT AND OF PARLIAMENT AND OF THE AND OF THE COUNCIL THE COUNCIL COUNCIL 3. establishing the Asylum and establishing the Asylum, and establishing the Asylum, and Title provisionally agreed across the Migration Fund Migration and Integration Migration and Integration Fund proposal. Fund [Am. 1] 77. Article 2 Article 2 Article 2 Definitions Definitions Definitions 78. For the purpose of this For the purpose of this For the purpose of this Regulation, the following Regulation, the following Regulation, the following definitions shall apply: definitions shall apply definitions shall apply: 88a (ja) ‘unaccompanied minor’ Provisional agreement reached at the means a minor who arrives on technical meeting on 7 July 2020: the territory of the Member "(ja) 'unaccompanied minor' means States unaccompanied by an an unaccompanied minor as defined adult responsible for him or her 2 Text in square brackets […] is not subject to the partial general approach 2
whether by law or by the in point (l) of Article 2 of Directive practice of the Member State 2011/95/EU." 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] 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 Following further clarifications from to an efficient management of efficient management of efficient management of the EP and the Council, the migration flows in line with the migration flows implementation, migration flowsin line with the Commission suggested the term relevant Union acquis and in strengthening and development relevant Union acquis and in 'obligations' instead of 'commitments' compliance with the Union’s of all aspects of the common compliance with the Union’s as a possible compromise: commitments on fundamental European asylum policy under commitments on fundamental rights. Article 78 TFEU and of the rights. The EP points out that that common European immigration compromise does not address the first policy under Article 79 TFEU in part of the EP amendment and is not line with the relevant Union sufficient on the second part of the acquis and in compliance with EP amendment. principle of solidarity and fair- The EP to suggest possible sharing of responsibility, while compromise to the references to fully respecting the Union’s obligations under international law commitments on and the and the Charter of Fundamental Member States’ obligations Rights comparable to Article 3(4) under international law and the of the ISF(Borders)Regulation rights and principles enshrined (EU) No 515/2014. in the Charter of Fundamental 3
Rights of the European Union. EP Rapporteurs’s proposal: [Am. 68] 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.. As regards the reference to the Charter of Fundamental Rights and international obligations in lines 91 and 165, a provisional agreement was reached on 7 July 2020 as follows, and subject to an agreement on a new recital on the UN Convention on the Rights of the Child: " ...while fully respecting the relevant Union acquis and the international obligations of the Union and the Member States arising from 4
international instruments to which they are signatory." 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 The EP suggested a compromise at regional authorities or their the political trilogue of 5/11. In light representative associations, of subsequent technical discussions, relevant international the EP’s compromise proposal refers organisations, non- to the provisional agreement of the governmental organisations, in co-legislators on Article 6 CPR and particular refugee and migrants could be adjusted to read as follows: organisations, national human rights institutions and equality "For this Fund, partnerships shall, bodies, and economic and social pursuant to point (c) of Article 6(1) partners. of [the CPR], include at least regional, local, urban and other public authorities [or their representative associations], relevant international organisations, non- governmental organisations, in particular refugee and migrant-led organisations, national human rights 5
institutions and equality bodies, and economic and social partners." Further discussions might be necessary at the political level. The Council can support the latest compromise proposal subject replacing 'in particular' with 'such as'. The EP took note of the Council's counterproposal and will come back. 96c These partners shall be involved Technical -> political in a meaningful way in the See line 96b preparation, implementation, monitoring and evaluation of programmes. [Am. 73] 100a Article 4a Technical -> political Gender equality and non- discrimination 100b The Commission and the Technical -> political Member States shall ensure that The Council considers this issue part gender equality and the of the overall discussions on human integration of the gender and fundamental rights. perspective are an integral part of, and are promoted during, EP will consider the language of the various stages of the Article 6a CPR with respect to shared implementation of the Fund. management. The Commission and the Following request by the co- Member States shall take all legislators, the Commission proposed appropriate steps to prevent any the following possible compromise 6
discrimination based on sex, text that corresponds to Article 6a race, colour, ethnic or social (new) CPR as provisionally agreed origin, genetic features, by co-legislators and lists the language, religion or belief, discrimination grounds of Article 19 political or other opinion, TFEU: membership of a national 1. "The Member States and the minority, property, birth, Commission shall ensure that disability, age or sexual equality between men and orientation in access to the women, gender mainstreaming Fund and during the various and the integration of gender stages of the implementation of perspective are taken into account the Fund. [Am. 79] 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. 7
EP confirms the term “promote” as opposed to “neglect” or “counter”. Both co-legislators to discuss further internally. EP Rapporteur proposes to accept the Comm proposal with the following changes in para 2 (following the Charter of Fundamental Rights). "2.The Member States and the Commission shall take appropriate steps to exclude any discrimination based on sex, race, colour, racial or 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 during the preparation, implementation, monitoring, reporting and evaluation of programmes and projects." To be discussed at the political level. 107. Article 6 Article 6 Article 6 Eligible entities Eligible entities Eligible entities 8
116. 4. Legal entities 4. Legal entities participating 4. Legal entities participating Horizontal participating in consortia of at in consortia of at least two in consortia of at least two Council moved to Article 18a least two independent entities, independent entities, established independent entities, established established in different in different Member States or in different Member States or Technical -> political Member States or overseas overseas countries or territories overseas countries or territories See line 204j countries or territories linked to linked to those states or in third linked to those states or in third those states or in third countries are eligible when this countries are eligible. Commission: according to current countries are eligible. contributes to the achievement practice third country entities are of the objectives of the Fund as beneficiaries only in consortia with laid down in Article 3 of this entities from MS. Regulation. [Am. 85] EP: as mentioned in line 204j, the EP could accept the Council text. However, there remains a need to clarify if this applies to any third country not mentioned in the WP; it should be added that legal entities of third countries are beneficiaries only in consortia with entities from MS In AMF, Council open to clarify that this only applies to third countries identified in the work programme and that only entities in consortium with entities from Member States are to be eligible. EP was positive but clarfied that this issue is horizontal and need to be looked at horizontally. To be examined at a horizontal meeting. 129 Article 9 Article 9 Article 9 General provisions on the General provisions on the General provisions on the 9
