to return of children only where such return is based on a positive assessment of the best interests of the child. [Am. 29] 34. (23) Specific support           (23) Specific support measures   (23) Specific support measures measures for returnees in the   for returnees, with a particular for returnees in the Member Member States and in the        attention to their humanitarian  States and in the countries of countries of return can improve and protection needs, in the     return can improve conditions of conditions of return and        Member States and in the         return and enhance their enhance their reintegration.    countries of return can improve  sustainable reintegration. conditions of return and enhance their reintegration. Particular attention should be paid to vulnerable groups. Return decisions should be based on a comprehensive and careful assessment of the situation in the country of origin, including an evaluation of the absorption capacity at the local level. Specific measures and actions supporting countries of origin, and in particular vulnerable people, contribute to ensure the sustainability, safety and effectiveness of returns. These measures should be implemented with the active participation of local authorities, civil society and diasporas. [Am. 30] 35. (24) Readmission agreements     (24) Formal readmission          (24) Readmission agreements and other arrangements are an   agreements and other             and other arrangements are an 27

integral component of the        arrangements are an integral and   integral component of the Union Union return policy and a        crucial component of the Union     return policy and a central tool central tool for the efficient   return policy and a central tool   for the efficient management of management of migration          for the efficient management of    migration flows, as they facilitate flows, as they facilitate the    migration flows, as they           the swift return of irregular swift return of irregular        facilitate the swift return of     migrants. Those agreements and migrants. Those agreements       irregular migrants. Those          arrangements are an important and arrangements are an          agreements and arrangements are    element in the framework of the important element in the         an important element in the        dialogue and cooperation with framework of the dialogue and    framework of the dialogue and      third countries of origin and cooperation with third           cooperation with third countries   transit of irregular migrants and countries of origin and transit  of origin and transit of irregular their implementation in third of irregular migrants and their  migrants and the Fund should       countries should be supported in implementation in third          support their implementation in    the interests of effective return countries should be supported    third countries should be          policies at national and Union in the interests of effective    supported in the interests of      level. return policies at national and  effective, safe and dignified Union level.                     return policies at national and Union level within defined limits and subject to the appropriate safeguards. [Am. 31] 36. (25) In addition to supporting   (25) In addition to supporting     (25) In addition to supporting the return of persons as         the return of persons as provided  the return of persons as provided provided for in this Regulation, for in this Regulation integration for in this Regulation, the Fund the Fund should also support     of third country nationals or      should also support other other measures to counter        stateless persons within Member    measures to counter irregular irregular migration, address     States, the Fund should also       migration, address incentives for incentives for illegal migration support other measures to          illegal migration or the or the circumventing of          counter irregular migration,       circumventing of existing legal existing legal migration rules,  address incentives for illegal     migration rules, thereby thereby safeguarding the         migration or the circumventing     safeguarding the integrity of integrity of Member States’      of existing trafficking of         Member States’ immigration immigration systems.             migrants, to encourage and         systems. 28

facilitate the establishment of legal migration rules, thereby safeguarding the integrity of Member States’ immigration systems in the countries of origin, in full compliance with the Principle of Coherence for Sustainable Development. [Am. 32 37.    (26) The employment of            (26) The employment of               (26) The employment of irregular migrants creates a      irregular migrants creates a pull    irregular migrants creates a pull pull factor for illegal migration factor for illegal migration and     factor for illegal migration and and undermines the                undermines the development of a      undermines the development of a development of a labour           labour mobility policy built on      labour mobility policy built on mobility policy built on legal    legal migration schemes and          legal migration schemes. The migration schemes. The Fund       endangers the rights of migrant      Fund should therefore support should therefore support          workers, making them                 Member States, either directly or Member States, either directly    vulnerable to rights violations      indirectly, in their or indirectly, in their           and abuse. The Fund should           implementation of implementation of                 therefore support Member States,     Directive 2009/52/EC of the Directive 2009/52/EC of the       either directly or indirectly, in    European Parliament and of the 22 European Parliament and of the    their implementation of              Council which prohibits the 20 Council which prohibits the       Directive 2009/52/EC of the          employment of illegally staying employment of illegally           European Parliament and of the       third-country nationals and 21 staying third-country nationals   Council which prohibits the          provides for sanctions against and provides for sanctions        employment of illegally staying 20   Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24). 21   Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24). 22   Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24). 29

against employers who infringe third-country nationals, provides   employers who infringe that that prohibition.              for a complaints and wage           prohibition. recuperation mechanism for exploited workers and provides for sanctions against employers who infringe that prohibition. [Am. 33] 37a                                (26a) The Member States should support the requests of civil society and workers' associations, such as that concerning the establishment of a European network of reception workers of both genders, in order to connect all workers in Europe operating in the field of migration, to foster a decent welcome and an approach to migration based on human rights and the exchange of good practices in terms of reception and employment opportunities for migrants. [Am. 34] 38. (27) The Fund should support   (27) The Fund should support        (27) The Fund should support Member States, either directly Member States, either directly or   Member States, either directly or or indirectly, in their        indirectly, in their                indirectly, in their implementation of Directive    implementation of Directive         implementation of Directive 2011/36/EU of the European     2011/36/EU of the European          2011/36/EU of the European 30

23                                 24                                25 Parliament and of the   Council     Parliament and of the Council ,   Parliament and of the Council which sets forth provisions on      which sets forth provisions on    which sets forth provisions on assistance, support and             assistance, support and           assistance, support and protection protection of victims of            protection of victims of          of victims of trafficking in human trafficking in human beings.        trafficking in human beings.      beings. These measures should take into account the gender-specific nature of trafficking in human beings. When implementing the Fund, Member States should take into consideration that persons who are obliged to leave their habitual homes for reasons of sudden or progressive climate-related change in the environment that adversely affects their lives or living conditions, have a high risk of falling victims to trafficking in human beings. [Am. 35] 38a                                        (27a) The Fund should support in particular the identification and measures addressing the needs of vulnerable asylum seekers - such as 23   Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1). 24   Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1). 25   Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1). 31

unaccompanied minors, or victims of torture or of other serious forms of violence - as set out in the Union asylum acquis. [Am. 36] 38b                                     (27b) In order to achieve a fair and transparent distribution of resources among the objectives of the Fund, a minimum level of expenditure should be ensured for certain objectives, whether under direct, indirect, or shared management. [Am. 37] 39.     (28) The Fund should            (28) The Fund should               (28) The Fund should complement and reinforce the    complement and reinforce the       complement and reinforce the activities undertaken in the    activities undertaken in the field activities undertaken in the field field of return by the European of return by the European Border   of return by the European Border Border and Coast Guard          and Coast Guard Agency             and Coast Guard Agency Agency established by           established by Regulation          established by Regulation Regulation (EU) 2016/1624 of    (EU) 2016/1624 of the European     (EU) 2016/1624…/2019 of the 27 the European Parliament and of  Parliament and of the Council ,    European Parliament and of the 26                                                             28 the Council , therefore         therefore contributing to          Council , therefore contributing 26   Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1). 27   Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1). 28   Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the 32

contributing to effective        effective without providing an     to effective European Integrated European Integrated Border       additional funding stream to the   Border Management, as defined Management, as defined in        European Integrated Border         in Article 4 of that Regulation. Article 4 of that Regulation.    Management, as defined in Article 4 of that Regulation and Coast Guard Agency, for which the budgetary authority decides on an annual budget which should enable it to carry out all of its tasks. [Am. 38] 40.     (29) Synergies, consistency      (29) Synergies, consistency,       (29) Synergies, consistency and and efficiency should be         complementarity and efficiency     efficiency should be sought with sought with other Union funds    should be sought with other        other Union funds and overlap and overlap between actions      Union funds and any overlap or     between actions should be should be avoided.               contradiction between actions      avoided. should be avoided. [Am. 39] 41.     (30) Measures in and in          (30) The Fund should               (30) Measures in and in relation relation to third countries      prioritise financing for actions   to third countries supported supported through the Fund       within the Union itself. The       through the Fund should should complement other          Fund may finance measures in       complement other actions outside actions outside the Union        and in relation to third countries the Union supported through the supported through the Union’s    supported through the Fund         Union’s external financing external financing instruments.  which should be limited in         instruments. In particular, in In particular, in implementing   financial terms, while adequate    implementing such actions, full such actions, full coherence     to reach the objectives of the     coherence should be sought with should be sought with the        Fund as laid down in Article 3     the principles and general principles and general           of this Regulation, and subject    objectives of the Union’s external objectives of the Union’s        to appropriate safeguards. Such    action and foreign policy in external action and foreign      measures should complement         respect of the country or region in policy in respect of the country other actions outside the Union    question and the Union European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1). 33

or region in question and the   supported through the Union’s     international commitments.In Union international             external financing instruments.   relation to the external commitments. In relation to the In particular, in implementing    dimension, the Fund should external dimension, the Fund    such actions, full coherence and  target support to enhance should target support to        complementarity should be         cooperation with third countries enhance cooperation with third  sought with the principles and    and to reinforce key aspects of countries and to reinforce key  general objectives of the Union’s migration management in areas aspects of migration            external action and foreign       of interest to the Union's management in areas of          policy in respect of the country  migration policy. interest to the Union's         or region in question and the migration policy.               Union international commitments. In relation to the external dimension, the Fund The principle of policy coherence for development, as set out in paragraph 35 of the European Consensus on Development, should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union's migration policy be respected. Coherence with the humanitarian principles as set out in the European Consensus on Humanitarian Aid should be ensured during the implementation of emergency assistance. [Am. 40] 42. (31) Funding from the Union     (31) Funding from the Union       (31) Funding from the Union budget should concentrate on    budget should concentrate on      budget should concentrate on 34

activities where Union               activities where Union               activities where Union intervention can bring added         intervention can bring added         intervention can bring added value compared to action             value compared to action             value compared to action undertaken by Member States          undertaken by Member States          undertaken by Member States alone. Financial support             alone. Financial support             alone. Financial support provided provided under this Regulation       provided under this Regulation       under this Regulation should should contribute, in particular,    should contribute, in particular,    contribute, in particular, to to strengthening national and        to Member State solidarity on        strengthening national and Union Union capabilities in the areas      asylum and migration in              capabilities in the areas of asylum of asylum and migration.             accordance with Article 80           and migration. TFEU, and to strengthening national and Union capabilities in the areas of asylum and migration. [Am. 41] 43. (32) A Member State may be           (32) A Member State may be           (32) A Member State may be deemed not to be compliant           deemed not to be compliant with      deemed not to be compliant with with the relevant Union acquis,      the relevant Union acquis,           the relevant Union acquis, including as regards the use of      including as regards the use of      including as regards the use of operating support under this         operating support under this         operating support under this Fund, if it has failed to fulfil its Fund, if it has failed to fulfil its Fund, if it has failed to fulfil its obligations under the Treaties       obligations under the Treaties in    obligations under the Treaties in in the area of asylum and            the area of asylum and return, if    the area of asylum and return, if return, if there is a clear risk of  there is a clear risk of a serious   there is a clear risk of a serious a serious breach by the              breach by the Member State of        breach by the Member State of Member State of the Union’s          the Union’s values when              the Union’s values when values when implementing the         implementing the acquis on           implementing the acquis on acquis on asylum and return or       asylum and return or if an           asylum and return or if an if an evaluation report under        evaluation report under the          evaluation report under the the Schengen or the European         Schengen or the European Union       Schengen evaluation and Union Agency for Asylum              Agency for Asylum evaluation         monitoring mechanism or the evaluation and monitoring            and monitoring mechanism has         European Union Agency for mechanism has identified             identified deficiencies in the       Asylum evaluation and relevant area.                       monitoring mechanism has 35

deficiencies in the relevant                                         identified deficiencies in the area.                                                                relevant area. 44. (33) The Fund should reflect     (33) The Fund should reflect        (33) The Fund should reflect the the need for increased           the need for increased              need for increased flexibility and flexibility and simplification   transparency, flexibility and       simplification while respecting while respecting requirements    simplification while respecting     requirements in terms of in terms of predictability, and  requirements in terms of            predictability, and ensuring a fair ensuring a fair and transparent  predictability, and ensuring a fair and transparent distribution of distribution of resources to     and transparent distribution of     resources to meet the policy and meet the policy and specific     resources to meet the policy and    specific objectives laid down in objectives laid down in this     specific objectives laid down in    this Regulation. Regulation.                      this Regulation. The implementation of the Fund should be guided by the principles of efficiency, effectiveness and quality of spending. Furthermore, the implementation of the Fund should be as user-friendly as possible. [Am. 43] 45. (34) This Regulation should      (34) This Regulation should         (34) This Regulation should establish the initial amounts to establish the initial amounts to    establish the initial amounts to Member States consisting of a    Member States consisting of a       Member States consisting of a fixed amount and an amount       fixed amount and an amount          fixed amount and an amount calculated on the basis of       calculated on the basis of criteria calculated on the basis of criteria criteria laid down in Annex I,   laid down in Annex I, which         laid down in Annex I, which which reflect the needs and      reflect the needs and pressure      reflect the needs and pressure pressure experienced by          experienced by different            experienced by different Member different Member States in the   Member States in the areas of       States in the areas of asylum, areas of asylum, integration     asylum, migration, integration      integration and return. In view of and return.                      and return. Particular attention    the special needs of those 36