StatisticsonMigration-4-columnfortrilogueon31January19
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 COMPROMISE 31/10/2018 PROPOSALS 1 (1) Regulation (EC) No (1) Regulation (EC) No 862/2007 of 862/2007 of the European the European Parliament and of the 1 1 Parliament and of the Council Council establishes a common and establishes a common and comparable legal framework for European comparable legal framework for statistics on migration and international European statistics on migration protection. and international protection. 2 (2) To respond to new needs AM 1: (2) To respond to new needs within within the Union for statistics on the Union for statistics on migration and (2) To respond to new needs within asylum and managed migration, international protection, and whereas the the Union for statistics on migration and whereas the characteristics of characteristics of migration are subject to and international protection, and migration are subject to rapid rapid change, there is a need for a whereas the characteristics of change, there is a need for a framework allowing quick response to migratory movements are subject to framework allowing quick response rapid change, there is a need for a changing needs as regards statistics on to changing needs as regards migration and international protection. framework allowing quick response to statistics on asylum and managed changing needs as regards statistics on 1
migration. migration and international protection. Agreed at the trilogue on 22 January 3 AM 2: (2a) Due to the constant changing and diverse nature of current migratory flows, comprehensive and deleted 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 AM 3: (3) To support the Union in responding effectively to the responding effectively to the challenges (3) To support the Union in challenges posed by migration, posed by migration and in developing responding effectively to the there is a need for sub-annual human-rights based policies, there is a challenges posed by migration and in frequency data on asylum and need for sub-annual frequency data on developing gender-responsive and managed migration. asylum and managed migration. human-rights based policies, there is a need for sub-annual frequency data Agreed at the trilogue on 22 January on asylum and managed migration. 5 (4) Asylum and managed AM 4: (4) Asylum and managed migration migration statistics are fundamental statistics are fundamental for the study, (4) Asylum and managed for the study, definition and formulation and evaluation of a wide migration statistics are fundamental evaluation of a wide range of range of policies, particularly as regards for the study, definition and evaluation policies, particularly as regards of a wide range of policies, responses to the arrival of persons seeking responses to the arrival of persons protection in Europe, with the aim of particularly as regards responses to the seeking protection in Europe. defining and applying the best policies. arrival of persons seeking protection in 2
Europe, with the aim of achieving the Agreed at the trilogue on 22 January best solutions. 6 AM 5: (4a) Statistics on migration and international protection are essential for (4a) Statistics on migration and having an overview of migratory international protection are essential movements within the Union and for for having an overview of migratory Member States to be able to apply Union movements within the Union and for law properly in accordance with Member States to be able to apply fundamental rights as laid down in the Union law properly in accordance Charter of Fundamental Rights of the with fundamental rights as laid down European Union and the Convention for in the Charter of Fundamental the Protection of Human Rights and Rights of the European Union and Fundamental Freedoms. the Convention for the Protection of Human Rights and Fundamental Agreed at the trilogue on 22 January Freedoms. 7 AM 6: (4b) Persecution on the ground of gender constitutes a ground for seeking and being granted deleted 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, (5) To ensure the quality, and, in in particular, the comparability, of particular, the comparability, of data data provided by the Member provided by the Member States, and for States, and for reliable overviews to reliable overviews to be drawn up at 3
be drawn up at Union level, the Union level, the data used should be based data used should be based on the on the same concepts, and should refer to same concepts, and should refer to the same reference date or period. the same reference date or period. 9 (6) Data provided on asylum (6) Data provided on asylum and and managed migration should be managed migration should be consistent consistent with the relevant with the relevant information collected information collected pursuant to pursuant to Regulation (EC) No 862/2007. Regulation (EC) No 862/2007. 10 (7) Regulation (EC) No (7) Regulation (EC) No 223/2009 of 223/2009 of the European the European Parliament and of the 2 2 Parliament and of the Council Council provides a reference framework provides a reference framework for for European statistics on migration and European statistics on migration international protection. In particular, it and international protection. In requires compliance with the principles of particular, it requires compliance professional independence, impartiality, with the principles of professional objectivity, reliability, statistical independence, impartiality, confidentiality and cost effectiveness. objectivity, reliability, statistical confidentiality and cost effectiveness. 11 (7a) In order to meet the (7a) In order to meet the statistical statistical requirements requirements under this Regulation, it is under this Regulation, it is important to ensure that the necessary important to ensure that the information gathered during the necessary information administrative procedures related to gathered during the immigration and international protection administrative procedures are obtained for statistical purposes. In related to immigration and order to improve the efficiency of the international protection are statistical production, National Statistical obtained for statistical Authorities should have the right to 4
purposes. In order to access and use, promptly and free of improve the efficiency of the charge, all national administrative statistical production, records and to integrate these National Statistical administrative records with statistics, to Authorities should have the the extent necessary for the development, right to access and use, production and dissemination of promptly and free of charge, statistics covered under this Regulation, all national administrative in accordance with the provisions laid records and to integrate down in Article 17a of Regulation (EC) these administrative records No 223/2009 of the European Parliament with statistics, to the extent and of the Council. necessary for the development, production and dissemination of statistics Agreed at the trilogue on 22 January 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, (8) When developing, (8) When developing, producing and producing and disseminating producing and disseminating disseminating European statistics, the European statistics, the national and European statistics, the national and European statistical European statistical authorities, national and European authorities, and, where applicable, other and, where applicable, other statistical authorities, and, relevant authorities, should take account relevant national and regional where applicable, other of the principles set out in the European authorities, should take account of relevant national authorities, Statistics Code of Practice, as reviewed the principles set out in the should take account of the and updated by the European Statistical European Statistics Code of principles set out in the System Committee on 16 November Practice, as reviewed and updated European Statistics Code of 2017. by the European Statistical System Practice, as reviewed and updated by the European 5
Committee on 28 September 2011. Statistical System Committee Agreed at the trilogue on 22 January on 16 November 2017. 12a (8a) Pilot studies should, where Presidency proposal on appropriate and taking into account the feasibility studies Union’s added value, establish the conditions to introduce new data (8 a) Feasibility and Pilot collections within the scope of this studies should, where regulation, assess the feasibility and appropriate and taking into quality of the statistics including their account the Union’s added cross-country comparability as well as value, establish the the costs of the related data collections. conditions to introduce new The results of those studies should be the data collections within the subject of an evaluation by the scope of this regulation, Commission in cooperation with the assess the feasibility and Member States and should be made quality of the statistics publicly available. The Union should including their cross-country contribute to the costs of carrying out comparability as well as the those studies. Such contributions should costs of the related data take the form of grants awarded to collections, the quality and Members States authorities in quantity of the statistics, as accordance with Regulation (EU, well as the cross-country Euratom) No 2018/1046 of the European comparability. The results of Parliament and of the Council. those studies should be the subject of an evaluation by Agreed at the trilogue on 22 January the Commission in close cooperation with the Member States. The Union should contribute to the costs of carrying out those studies. Such contributions should take the form of grants awarded to Members States 6
authorities in accordance with Title VIII of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council. 12b (8a bis) Regulation (EC) No 223/2009 provides for a reference framework for European statistics and requires Member States to comply with the statistical principles and quality criteria specified in that Regulation. Quality reports are essential for assessing, improving and communicating on the quality of European statistics. The European Statistical System Committee has endorsed a European Statistical System (ESS) standard for Quality Reports Structure, in line with Article 12 of Regulation (EC) No 223/2009. That ESS standard should contribute to the harmonisation of quality reporting under this Regulation. Agreed at the trilogue on 22 January 13 (9) The objective of this (9) The objective of this Regulation, Regulation, namely to revise and namely to revise and complete the complete the existing common existing common rules for the collection rules for the collection and and compilation of European statistics on compilation of European statistics migration and international protection, 7
on migration and international cannot be sufficiently achieved by the protection, cannot be sufficiently Member States acting individually. achieved by the Member States Rather, for reasons of harmonisation and acting individually. Rather, for comparability, it can be better achieved at reasons of harmonisation and Union level. The EU may therefore adopt comparability, it can be better appropriate measures, in accordance with achieved at Union level. The EU the principle of subsidiarity set out in may therefore adopt appropriate Article 5 of the Treaty on European measures, in accordance with the Union. In accordance with the principle of principle of subsidiarity set out in proportionality, as set out in that Article, Article 5 of the Treaty on European this Regulation does not go beyond what Union. In accordance with the is necessary in order to achieve that principle of proportionality, as set objective. 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, (9a) In order to achieve the sufficient financial resources should be objectives of Regulation (EC) No allocated for the collection, analysis and 862/2007, sufficient financial dissemination of high quality national resources should be allocated for the and Union statistics on migration and collection, analysis and dissemination international protection. of high quality national and Union statistics on migration and international protection, in particular Agreed at the trilogue on 22 January by supporting actions in that regard in accordance with the Regulation (EU) No 516/2014 of the European 8
Parliament and of the Council .1 15 (10) This Regulation guarantees (10) This Regulation AM 8: (10) This Regulation guarantees the right the right to respect for private and guarantees the right to respect to respect for private and family life and (10) This Regulation guarantees the family life and to the protection of for private and family life and to the protection of personal data and right to respect for private and family personal data, as set out in Articles to the protection of personal non-discrimination as set out in Articles life and, to the protection of personal 7 and 8 of the Charter of data, as set out in Articles 7 7, 8 and 21 of the Charter of Fundamental data, non-discrimination and gender Fundamental Rights of the and 8 of the Charter of Rights of the European Union. Regulation equality as set out in Articles 7 and, 8, European Union. Fundamental Rights of the (EU) 2016/679 of the European 21 and 23 of the Charter of 5 European Union. Regulation Parliament and of the Council and Fundamental Rights of the European (EU) 2016/679 of the Union and in accordance with Regulation (EU) 2018/1725 of the European Parliament and European Parliament and of the 2 Regulation (EU) 2016/679 of the 6 of the Council and Council should apply to the personal European Parliament and of the Regulation (EC) No 45/2001 4 data covered by this Regulation. Council . of the European Parliament 3 and of the Council should apply to the personal data Agreed at the trilogue on 22 January covered by this Regulation. 16 AM 9: 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). 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). 5 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 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39– 9
(10a) The collection of gender- disaggregated data should allow for the identification and analysis of specific vulnerabilities and capacities deleted 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 (11) In order to ensure uniform conditions for the implementation (11) In order to ensure uniform conditions for the implementation of this of this regulation, implementing conditions for the implementation of Regulation, implementing powers should powers should be conferred on the this Regulation, implementing powers be conferred on the Commission in Commission in respect of should be conferred on the respect of specifying disaggregations, specifying disaggregations. Those Commission in respect of laying down laying down the rules on the appropriate powers should be exercised in the rules on the appropriate formats formats for the transmission of data and accordance with Regulation (EU) for the transmission of data. Those setting out the practical arrangements No 182/2011 of the European powers should be exercised in for, and the contents of, the quality 5 Parliament and of the Council . accordance with Regulation (EU) No reports. Those powers should be 182/2011 of the European Parliament exercised in accordance with Regulation and of the Council. (EU) No 182/2011 of the European Parliament and of the Council. Agreed at the trilogue on 22 January 18 (11a) Where the (11a) Where the implementation of this 10
