31/10/2019 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 Migration Fund                    Migration and Integration         Migration and Integration Fund Fund [Am. 1] 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) thereof, 1 Text in square brackets […] is not subject to the partial general approach 1

and (4) and Article 80 thereof, [Am. 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, 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. 2

11. Whereas:                         Whereas:                           Whereas: 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 3

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 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 its 4

effective readmission            and arrangements. The            conclusions of 28 June 2018, the agreements and arrangements.     European Council called          European Council reconfirmed moreover for voluntary           that a precondition for a resettlement programmes to be    functioning EU policy relies on implemented and developed.       a comprehensive approach to [Am. 5]                          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’). 5

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 6

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 7

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 8

beneficiaries of international   admission and the transfer of      applicants for or beneficiaries of protection between Member        applicants for or beneficiaries of international protection between States, supporting integration   international protection between   Member States, supporting strategies and a more effective  Member States, enhancing the       integration strategies and a more legal migration policy, so as to protection of vulnerable asylum    effective legal migration policy, ensure the Union’s long-term     seekers such as children,          so as to ensure the Union’s long- competitiveness and the future   supporting integration strategies  term competitiveness and the of its social model and reduce   and a more effective legal         future of its social model and incentives for irregular         migration policy, so as creating   reduce incentives for irregular migration through a sustainable  safe and legal pathways to the     migration through a sustainable return and readmission policy.   Union which should also help to    return and readmission policy. The Fund should support the      ensure the Union’s long-term       The Fund should support the strengthening of cooperation     competitiveness and the future of  strengthening of cooperation with with third countries to          its social model and reduce        third countries to reinforce reinforce management of flows    incentives for irregular migration management of flows of persons of persons applying for asylum   through a sustainable return and   applying for asylum or other or other forms of international  readmission policy. As an          forms of international protection, protection, avenues on legal     instrument of internal Union       avenues on legal migration and to migration and to counter         policy and the only funding        counter irregular migration and irregular migration and ensure   instrument for asylum and          ensure sustainability of return and sustainability of return and     migration at Union level, the      effective readmission to third effective readmission to third   Fund should primarily support      countries. countries.                       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 9

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] 19. (8) The migration crisis          (8) The migration crisis and      (8) The migration crisis highlighted the need to reform    the rising number of deaths in    highlighted the need to reform the the Common European               the Mediterranean over the past   Common European Asylum Asylum System to ensure that      years highlighted the need to     System to ensure that efficient efficient asylum procedures to    reform the Common European        asylum procedures to prevent prevent secondary movements,      Asylum System and to put in       secondary movements, to provide to provide uniform and            place a fairer and more effective uniform and appropriate appropriate reception             system of determining Member      reception conditions for conditions for applicants for     States’ responsibility for        applicants for international international protection,         applicants for international      protection, uniform standards for uniform standards for the         protection as well as a           the granting of international granting of international         framework for Member States’      protection and appropriate rights protection and appropriate        resettlement and humanitarian     and benefits for beneficiaries of rights and benefits for           admission efforts with a view to  international protection. At the beneficiaries of international    increasing the overall number     same time, the reform was protection. At the same time,     of available resettlement places  needed to put in place a fairer and the reform was needed to put in   globally. At the same time,       more effective system of place a fairer and more           reform is needed to ensure that   determining Member States’ effective system of               efficient and rights based        responsibility for applicants for determining Member States’        asylum procedures to prevent      international protection as well as responsibility for applicants for secondary movements, are in       a Union framework for Member international protection as well  place and accessible, and to      States’ resettlement efforts. as a Union framework for          provide uniform and appropriate   Therefore, it is appropriate for the Member States’ resettlement       reception conditions for          Fund to provide increased 10