wk11619.en20
Dieses Dokument ist Teil der Anfrage „Asylum and Migration Fund 2021–2027“
Brussels, 22 October 2020 Interinstitutional files: 2018/0248(COD) WK 11619/2020 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. INFORMATION From: General Secretariat of the Council To: Delegations 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 facilitate discussions and strictly for information purposes only, delegations will find in the annex to the note an updated 4 column table reflecting the latest state of play of the inter-institutional negotiations on the abovementioned proposal. WK 11619/2020 INIT LIMITE EN
21/10/2020 post horizontal technical meeting on 19/10/2020 LEGEND ST 10153/18 + ADD 1 (COM A8-0106/2019 ST 10973/4/20 LEGEND proposal – EP Position at the first reading General approach 471 final/ 471 FV 2) adopted on 13/03/2019 (Council on 12 October 2020) 1. Not agreed 2. Provisionally agreed 3. Horizontal provision Not agreed N. Horizontal provision Provisionally agreed 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 1 471 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 Provisional agreement confirmed Migration Fund Migration and Integration Migration and Integration Fund at the trilogue meeting on 7 Fund [Am. 1] October across the proposal. 4. THE EUROPEAN THE EUROPEAN THE EUROPEAN PARLIAMENT AND THE PARLIAMENT AND THE PARLIAMENT AND THE COUNCIL OF THE COUNCIL OF THE COUNCIL OF THE EUROPEAN UNION, EUROPEAN UNION, EUROPEAN UNION, 5. Having regard to the Treaty on Having regard to the Treaty on Having regard to the Treaty on The issue will be returned to later in the Functioning of the the Functioning of the European the Functioning of the European the context of the broader discussion European Union, and in Union, and in particular Union, and in particular on solidarity. particular Article 78(2) and Article 78(2), and Article 79(2) Article 78(2) and Article 79(2) Article 79(2) and (4) thereof, and (4) and Article 80 thereof, and (4) thereof, [Am. 2] 1 Text in square brackets […] is not subject to the partial general approach 2
6. Having regard to the proposal Having regard to the proposal Having regard to the proposal from the European from the European Commission, from the European Commission, Commission, 7. After transmission of the draft After transmission of the draft After transmission of the draft legislative act to the national legislative act to the national legislative act to the national parliaments, parliaments, parliaments, 8. Having regard to the opinion of Having regard to the opinion of Having regard to the opinion of the European Economic and the European Economic and the European Economic and 2 3 4 Social Committee , Social Committee , Social Committee , 9. Having regard to the opinion of Having regard to the opinion of Having regard to the opinion of 5 6 7 the Committee of the Regions , the Committee of the Regions , the Committee of the Regions , 10. Acting in accordance with the Acting in accordance with the Acting in accordance with the ordinary legislative procedure, ordinary legislative procedure ,8 ordinary legislative procedure, 11. Whereas: Whereas: Whereas: 2 OJ C , , p. . 3 OJ C , , p. . 4 OJ C , , p. . 5 OJ C , , p. . 6 OJ C , , p. . 7 OJ C , , p. . 8 Position of the European Parliament of 13 March 2019. 3
12. (1) In the context of the (1) In the context of the (1) In the context of the evolving migratory challenges evolving migratory challenges evolving migratory challenges characterised by the need to characterised by the need to characterised by the need to support strong reception, support strong reception, asylum, support strong reception, asylum, asylum, integration and integration and migration integration and migration systems migration systems of Member systems of Member States, of Member States, prevent and States, prevent and adequately prevent and adequately handle in adequately handle situations of handle situations of pressure solidarity situations of pressure pressure and replace irregular and and replace irregular and and replace irregular and unsafe unsafe arrivals with legal and safe unsafe arrivals with legal and arrivals with legal and safe pathways, investing in efficient safe pathways, investing in pathways, investing in efficient and coordinated migration efficient and coordinated and coordinated migration management in the Union is key migration management in the management in the Union is key to realising the Union’s objective Union is key to realising the to realising the Union’s objective of constituting an area of Union’s objective of of constituting an area of freedom, security and justice constituting an area of freedom, security and justice pursuant to Article 67(2) of the freedom, security and justice pursuant to Article 67(2) of the Treaty on the Functioning of the pursuant to Article 67(2) of the Treaty on the Functioning of the European Union. Treaty on the Functioning of European Union. [Am. 3] the European Union. 13. (2) The importance of a (2) The importance of a (2) The importance of a coordinated approach by the coordinated approach by the coordinated approach by the Union and the Member States Union and the Member States is Union and the Member States is is reflected in the European reflected in the European reflected in the European Agenda Agenda on Migration of May Agenda on Migration of May on Migration of May 2015, which 2015, which stressed the need 2015, which stressed the need for stressed the need for a consistent for a consistent and clear a consistent and clear common and clear common policy to common policy to restore policy to restore confidence in restore confidence in the Union’s confidence in the Union’s the Union’s ability to bring ability to bring together European ability to bring together together European and national and national efforts to address European and national efforts efforts to address migration and migration and work together in an to address migration and work work together in an effective effective way, in accordance with together in an effective way, in way, in accordance with the the principles of solidarity and 4
accordance with the principles principles principle of solidarity fair sharing of responsibility, and of solidarity and fair sharing of and fair sharing of responsibility was confirmed in its mid-term responsibility, and was between the Member States as review of September 2017 and confirmed in its mid-term established in Article 80 of the the progress report of March and review of September 2017 and Treaty on the Functioning of May 2018. the progress report of March the European Union, and was and May 2018. confirmed in its mid-term review of September 2017 and the progress report of March and May 2018. [Am. 4] 14. (3) In its conclusions of (3) In its conclusions of (3) In its conclusions of 19 October 2017, the European 19 October 2017, the European 19 October 2017, the European Council reaffirmed the need to Council reaffirmed the need to Council reaffirmed the need to pursue a comprehensive, pursue a comprehensive, pursue a comprehensive, pragmatic and resolute pragmatic and resolute approach pragmatic and resolute approach approach to migration to migration management that to migration management that management that aims to aims to restore control of aims to restore control of external restore control of external external borders and reduce borders and reduce irregular borders and reduce irregular irregular arrivals and the number arrivals and the number of deaths arrivals and the number of of deaths at sea, and should be at sea, and should be based on a deaths at sea, and should be based on a flexible and flexible and coordinated use of all based on a flexible and coordinated use of all available available Union and Member coordinated use of all available Union and Member State State instruments. The European Union and Member State instruments. The European Council further called to ensure instruments. The European Council further called to ensure significantly enhanced returns Council further called to ensure significantly enhanced returns through actions at both EU and significantly enhanced returns through actions at both EU and Member States level, such as through actions at both EU and Member States level, such as effective readmission agreements Member States level, such as effective readmission agreements and arrangements. In that conext, effective readmission and arrangements. The a significant part of the funding agreements and arrangements. European Council called from the thematic facility should moreover for voluntary be used to support actions in or resettlement programmes to be in relation to third countries. In 5
implemented and developed. its conclusions of 28 June 2018, [Am. 5] the European Council reconfirmed that a precondition for a functioning EU policy relies on a comprehensive approach to migration which combines more effective control of the EU's external borders, increased external action and the internal aspects, in line with EU's principles and values. The European Council underlined the need for flexible instruments, allowing for fast disbursement, to combat illegal migration. 15. (4) In order to support (4) In order to support efforts (4) In order to support efforts efforts to ensure a to ensure a comprehensive to ensure a comprehensive comprehensive approach to approach to management of approach to management of management of migration migration grounded on mutual migration grounded on mutual grounded on mutual trust, trust, solidarity and trust, solidarity and responsibility solidarity and responsibility responsibility sharing among sharing among Member States sharing among Member States Member States and Union and Union institutions, with the and Union institutions, with the institutions, with the objective objective of ensuring a common objective of ensuring a of ensuring a common sustainable Union policy on common sustainable Union sustainable Union policy on asylum and immigration, policy on asylum and asylum and immigration, Member States should be immigration, Member States Member States should be supported by adequate financial should be supported by supported by adequate financial resources in the form of the adequate financial resources in resources in the form of the Asylum, and Migration and the form of the Asylum and Asylum, and Migration and Integration Fund (hereinafter Migration Fund (hereinafter Integration Fund (hereinafter referred to as ‘the Fund’). referred to as ‘the Fund’). 6
referred to as ‘the Fund’). [Am. 6] 15a (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] 15b (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] 16 (5) The Fund should be (5) Actions supported by the (5) The Fund should be implemented in full Fund should be implemented in implemented in full compliance compliance with the rights and full compliance with the rights with the rights and principles principles enshrined in the and principles enshrined in the enshrined in the Charter of Charter of Fundamental Rights Charter of Fundamental Rights Fundamental Rights of the of the European Union and of the European Union, European Union and with the with the Union’s international including the right to the Union’s international obligations protection of personal data, and as regards fundamental rights. with the Union’s and Member 7
obligations as regards States international obligations fundamental rights. 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] 16a (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] 16b (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] 17. (6) The Fund should build (6) The Fund should build on (6) The Fund should build on on the results and investments the results and investments the results and investments 8
achieved with the support of its achieved with the support of its achieved with the support of its predecessors: the European predecessors: the European predecessors: the European Refugee Fund established by Refugee Fund established by the Refugee Fund established by the the Decision 573/2007/EC of Decision 573/2007/EC of the Decision 573/2007/ECof the the European Parliament and European Parliament and the European Parliament and the the Council, the European Council, the European Fund for Council, the European Fund for Fund for the Integration of the Integration of third-country the Integration of third-country third-country nationals nationals established by the nationals established by the established by the Council Council Decision 2007/435/EC, Council Decision 2007/435/EC, Decision 2007/435/EC, the the European Return Fund the European Return Fund European Return Fund established by the Decision established by the Decision established by the Decision 575/2007/EC of the European 575/2007/EC ofthe European 575/2007/EC of the European Parliament and the Council for Parliament and the Council for Parliament and the Council for the period 2007-2013 and the the period 2007-2013 and the the period 2007-2013 and the Asylum, Migration and Asylum, Migration and Asylum, Migration and Integration Fund for the period Integration Fund for the period Integration Fund for the period 2014-2020, as established by 2014-2020, as established by 2014-2020, as established by Regulation (EU) 516/2014 of the Regulation (EU) 516/2014 of the Regulation (EU) 516/2014 of European Parliament and of the European Parliament and of the the European Parliament and of Council. It should at the same Council. It should at the same the Council. It should at the time take into account all time take into account all relevant same time take into account all relevant new developments new developments. relevant new developments. 18. (7) The Fund should support (7) The Fund should support (7) The Fund should support the efficient management of solidarity between Member the efficient management of migration flows, inter alia by States and the efficient migration flows, inter alia by promoting common measures management of migration flows, promoting common measures in in the area of asylum, including inter alia by promoting common the area of asylum, including Member States’ efforts in measures in the area of asylum, Member States’ efforts in receiving persons in need of including Member States’ efforts receiving persons in need of international protection in receiving persons in need of international protection through through resettlement and the international protection through resettlement, humanitarian transfer of applicants for or resettlement and humanitarian admission and the transfer of 9
