4columntableonMigrationstatisticsregulation
Dieses Dokument ist Teil der Anfrage „Gemeinschaftsstatistiken über Wanderung und internationalen Schutz“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on migration and international protection COMMISSION PROPOSAL 2018 (307) COUNCIL GENERAL APPROACH FIRST READING EP AMENDMENTS OBSERVATIONS AND 31/10/2018 COMPROMISE PROPOSALS 1 (1) Regulation (EC) No 862/2007 of the European Parliament and of the 1 Council establishes a common and comparable legal framework for European statistics on migration and international protection. 2 (2) To respond to new needs within AM 1: the Union for statistics on asylum and (2) To respond to new needs within managed migration, and whereas the the Union for statistics on asylum characteristics of migration are subject migration and managed migration to rapid change, there is a need for a international protection, and whereas framework allowing quick response to the characteristics of migration changing needs as regards statistics on migratory movements are subject to asylum and managed migration. rapid change, there is a need for a framework allowing quick response to changing needs as regards statistics on asylum migration and managed migration international protection. 1
3 AM 2: (2a) Due to the constant changing and diverse nature of current migratory flows, comprehensive and comparable gender-disaggregated statistical data on the migrant population are needed to understand the reality of the situation, identify vulnerabilities and inequalities, and provide policy makers with reliable data and information for the development of future public policies. 4 (3) To support the Union in responding AM 3: effectively to the challenges posed by (3) To support the Union in migration, there is a need for sub-annual responding effectively to the challenges frequency data on asylum and managed posed by migration and in developing migration. gender-responsive and human-rights based policies, there is a need for sub- annual frequency data on asylum and managed migration. 5 (4) Asylum and managed migration AM 4: statistics are fundamental for the study, (4) Asylum and managed migration definition and evaluation of a wide statistics are fundamental for the study, range of policies, particularly as regards definition and evaluation of a wide responses to the arrival of persons range of policies, particularly as regards seeking protection in Europe. responses to the arrival of persons seeking protection in Europe, with the aim of achieving the best solutions. 2
6 AM 5: (4a) Statistics on migration and international protection are essential for having an overview of migratory movements within the Union and for Member States to be able to apply Union law properly in accordance with fundamental rights as laid down in the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms. 7 AM 6: (4b) Persecution on the ground of gender constitutes a ground for seeking and being granted international protection. The national and Union statistical authorities should collect the statistics on applications for international protection based on the grounds of gender, including gender- based violence. 8 (5) To ensure the quality, and, in particular, the comparability, of data provided by the Member States, and for reliable overviews to be drawn up at Union level, the data used should be based on the same concepts, and should refer to the same reference date or period. 3
9 (6) Data provided on asylum and managed migration should be consistent with the relevant information collected pursuant to Regulation (EC) No 862/2007. 10 (7) Regulation (EC) No 223/2009 of the European Parliament and of the 2 Council provides a reference framework for European statistics on migration and international protection. In particular, it requires compliance with the principles of professional independence, impartiality, objectivity, reliability, statistical confidentiality and cost effectiveness. 11 (7a) In order to meet the statistical requirements under this Regulation, it is important to ensure that the necessary information gathered during the administrative procedures related to immigration and international protection are obtained for statistical purposes. In order to improve the efficiency of the statistical production, National Statistical Authorities should have the right to access and use, promptly and free of charge, all national administrative records and to integrate these administrative records with statistics, to the extent necessary 4
for the development, production and dissemination of statistics covered under this Regulation, in accordance with the provisions laid down in Article 17a of Regulation (EC) No 223/2009 of the European Parliament and of the Council. 12 (8) When developing, producing (8) When developing, producing and disseminating European statistics, and disseminating European statistics, the national and European statistical the national and European statistical authorities, and, where applicable, other authorities, and, where applicable, other relevant national and regional relevant national and regional authorities, should take account of the authorities, should take account of the principles set out in the European principles set out in the European Statistics Code of Practice, as reviewed Statistics Code of Practice, as reviewed and updated by the European Statistical and updated by the European Statistical System Committee on 28 September System Committee on 28 September 2011. 2011 16 November 2017. 13 (9) The objective of this Regulation, namely to revise and complete the existing common rules for the collection and compilation of European statistics on migration and international protection, cannot be sufficiently achieved by the Member States acting individually. Rather, for reasons of harmonisation and comparability, it can be better achieved at Union level. The EU may therefore adopt appropriate measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European 5
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. 14 AM 7: (9a) In order to achieve the objectives of Regulation (EC) No 862/2007, sufficient financial resources should be allocated for the collection, analysis and dissemination of high quality national and Union statistics on migration and international protection, in particular by supporting actions in that regard in accordance with the Regulation (EU) No 516/2014 of the European Parliament and of the Council . 1 15 (10) This Regulation guarantees the (10) This Regulation guarantees the AM 8: right to respect for private and family right to respect for private and family (10) This Regulation guarantees the life and to the protection of personal life and to the protection of personal right to respect for private and family data, as set out in Articles 7 and 8 of the data, as set out in Articles 7 and 8 of the life and, to the protection of personal Charter of Fundamental Rights of the Charter of Fundamental Rights of the data, non-discrimination and gender European Union. European Union. Regulation (EU) equality as set out in Articles 7 and, 8, 2016/679 of the European Parliament 21 and 23 of the Charter of 2 and of the Council and Regulation Fundamental Rights of the European 1 Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (OJ L 150, 20.5.2014, p. 168). 2 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). 6
(EC) No 45/2001 of the European Union and in accordance with 3 Parliament and of the Council should Regulation (EU) 2016/679 of the apply to the personal data covered by European Parliament and of the this Regulation. Council . 4 16 AM 9: (10a) The collection of gender- disaggregated data should allow for the identification and analysis of specific vulnerabilities and capacities of women and men, revealing gaps and inequalities. Gender-responsive data on migration have the potential to promote greater equality and offer opportunities for disadvantaged groups. Migration statistics should also take account of variables such as gender identity and sexual orientation to collect data on LGBTQI+ persons’ experiences and inequalities in migration and asylum processes. AM 10: 17 (11) To ensure uniform conditions for the implementation of this regulation, (11) In order to To ensure uniform implementing powers should be conditions for the implementation of conferred on the Commission in respect this regulation Regulation, of specifying disaggregations. Those implementing powers should be powers should be exercised in conferred on the Commission in respect accordance with Regulation (EU) of specifying disaggregations laying 3 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.01.2001, p. 1). 4 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). 7
No 182/2011 of the European down the rules on the appropriate 5 Parliament and of the Council . formats for the transmission of data. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. 18 (11a) Where the implementation of this Regulation would require major adaptations to the national statistical systems of a Member State, the Commission should be able, in duly justified cases and for a limited period of time, to grant derogations to the Member States concerned. These major adaptations may arise in particular from the need to improve timeliness, to adapt the design of ways of collecting the data, including the access to administrative sources, or to develop new tools to produce data. 19 AM 11: (11a) In order to adapt Regulation (EC) No 862/2007 to technological and economic developments, 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 amending Regulation (EC) No 862/2007 to update certain definitions and of supplementing it to determine 8
the groupings of data and additional disaggregations and to lay down rules on accuracy and quality standards. 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 of 13 April 2016 on Better 5 Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. 20 AM 12: (11b) The effective monitoring of the application of Regulation (EC) No 862/2007 requires that it be evaluated at regular intervals. The Commission should thoroughly assess the statistics compiled pursuant to Regulation (EC) No 862/2007, as well as their quality and timely provision, for the purpose of submitting reports to the European 5 OJ L 123, 12.5.2016, p. 1. 9
Parliament and to the Council. Close consultation should be held with all actors involved in asylum data collection, including United Nations agencies and other relevant international and non-governmental organisations. 21 (12) Regulation (EC) No 862/2007 should therefore be amended accordingly. 22 HAVE ADOPTED THIS REGULATION: 23 Article 1 24 Regulation (EC) No 862/2007 is amended as follows: ARTICLE 1 6 SUBJECT MATTER 25 AM 13: (-1) in Article 1, point (c) is replaced by the following: “(c) administrative and judicial procedures and processes in the Member States relating to immigration, granting of permission to reside, citizenship, asylum and other forms of international protection, irregular entry and stay and 6 With a view of facilitating the reading, the numbers of articles corresponding to the original Commission Regulation 862/2007 are indicated in headlines. 10
