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European Parliament 2019-2024 Committee on Civil Liberties, Justice and Home Affairs 2018/0329(COD) 28.9.2020 AMENDMENTS 120 - 754 Draft report Tineke Strik (PE648.370v01-00) Common standards and procedures in Member States for returning illegally staying third-country nationals (recast) Proposal for a directive (COM(2018)0634 – C8-0407/2018 – 2018/0329(COD)) AM\1214327EN.docx PE658.738v01-00 EN United in diversityEN AM_Com_LegReport PE658.738v01-00 2/351 AM\1214327EN.docx EN Amendment 120 Anne-Sophie Pelletier Draft legislative resolution Paragraph 1 Draft legislative resolution Amendment 1. Adopts its position at first reading 1. Proposal for a rejection hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission; The European Parliament rejects the Commission proposal. Or. en Amendment 121 Anne-Sophie Pelletier Proposal for a directive Title 1 Text proposed by the Commission Amendment Proposal for a Proposal for a DIRECTIVE OF THE EUROPEAN DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL PARLIAMENT AND OF THE COUNCIL on common standards and procedures in on common standards and procedures in Member States for returning illegally Member States for returning irregularly staying third-country nationals (recast) staying third-country nationals (recast) A contribution from the European A contribution from the European Commission to the Leaders’ meeting in Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018 Salzburg on 19-20 September 2018 Or. en Justification This is a horizontal amendment, linked to amendments to recitals 6,9, 10,22, 25, 32, 40 and 47 and Articles 1, 2, 3, 4, 8, 10, 13, 14, 15 and 22 AM\1214327EN.docx 3/351 PE658.738v01-00 EN Amendment 122 Sylvie Guillaume, Tanja Fajon, Pietro Bartolo, Dietmar Köster, Domènec Ruiz Devesa Proposal for a directive Title 1 Text proposed by the Commission Amendment Proposal for a Proposal for a DIRECTIVE OF THE EUROPEAN DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL PARLIAMENT AND OF THE COUNCIL on common standards and procedures in on common standards and procedures in Member States for returning illegally Member States for returning irregularly staying third-country nationals (recast) staying third-country nationals (recast) A contribution from the European A contribution from the European Commission to the Leaders’ meeting in Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018 Salzburg on 19-20 September 2018 Or. en Justification The word "illegal" is not considered as relevant in the context of migration. It will be replaced in the whole text by "irregular". International bodies including the United Nations General Assembly and International Organization for Migration have all recommended to use instead the terms “irregular” or “undocumented”. This is a horizontal amendment linked to articles 1,2,3,4,8,10,13,14,15 and 22. Amendment 123 Laura Ferrara, Sabrina Pignedoli Proposal for a directive Recital 2 Text proposed by the Commission Amendment (2) An effective and fair return policy (2) The external borders of the is an essential part of the Union’s approach Member States are the borders of the to better manage migration in all aspects, Union. A joint return policy that is both as reflected in the European Agenda on effective and respectful of the rights of Migration of May 201511. illegally staying migrants is an essential part of the Union’s approach to better manage migration in all aspects, as reflected in the European Agenda on Migration of May 201511. _________________ _________________ PE658.738v01-00 4/351 AM\1214327EN.docx EN 11 11 COM(2015)285. 11 11 COM(2015)285. Or. it Amendment 124 Anne-Sophie Pelletier Proposal for a directive Recital 2 Text proposed by the Commission Amendment (2) An effective and fair return policy (2) A dignified, humane, rights-based is an essential part of the Union's policy should be the basis of the Union's approach to better manage migration in all approach to better manage migration in all aspects, as reflected in the European aspects. Agenda on Migration of May 201511 . _________________ 11 COM(2015) 285 final. Or. en Amendment 125 Nadine Morano, Paulo Rangel Proposal for a directive Recital 2 Text proposed by the Commission Amendment (2) An effective and fair return policy (2) An effective and fair return policy is an essential part of the Union's approach is an essential part of the Union's approach to better manage migration in all aspects, to better manage migration in all aspects in as reflected in the European Agenda on a more balanced way, as reflected in the Migration of May 201511 . European Agenda on Migration of May 201511. _________________ _________________ 11 11 COM(2015) 285 final. 11 11 COM(2015) 285 final. Or. fr AM\1214327EN.docx 5/351 PE658.738v01-00 EN Amendment 126 Charlie Weimers, Emmanouil Fragkos Proposal for a directive Recital 2 Text proposed by the Commission Amendment (2) An effective and fair return policy (2) An effective, efficient and swift is an essential part of the Union's approach return policy is an essential part of the to better manage migration in all aspects, Union's approach to better manage as reflected in the European Agenda on migration in all aspects, as reflected in the Migration of May 201511 . European Agenda on Migration of May 201511 . _________________ _________________ 11 COM(2015) 285 final. 11 COM(2015) 285 final. Or. en Amendment 127 Anne-Sophie Pelletier Proposal for a directive Recital 3 Text proposed by the Commission Amendment (3) On 28 June 2018, in its deleted conclusions, the European Council underlined the necessity to significantly step up the effective return of irregular migrants, and welcomed the intention of the Commission to make legislative proposals for a more effective and coherent European return policy. Or. en Amendment 128 Laura Ferrara, Sabrina Pignedoli Proposal for a directive Recital 3 PE658.738v01-00 6/351 AM\1214327EN.docx EN Text proposed by the Commission Amendment (3) On 28 June 2018, in its (3) The rate of return of migrants in conclusions, the European Council irregular situations in the Union remains underlined the necessity to significantly too low. As stressed by the European step up the effective return of irregular Council on 28 June 2018, in its migrants, and welcomed the intention of conclusions, it is necessary to adopt an the Commission to make legislative effective and coherent European return proposals for a more effective and policy with a view to significantly stepping coherent European return policy. up the effective return of irregular migrants through the improvement of return and readmission procedures, including through the conclusion of new bilateral readmission agreements and by ensuring that existing agreements are fully applied. Or. it Amendment 129 Nadine Morano, Paulo Rangel Proposal for a directive Recital 3 Text proposed by the Commission Amendment (3) On 28 June 2018, in its (3) On 28 June 2018, in its conclusions, the European Council conclusions, the European Council underlined the necessity to significantly underlined the necessity to significantly step up the effective return of irregular step up the effective return of irregular migrants, and welcomed the intention of migrants, and welcomed the intention of the Commission to make legislative the Commission to make legislative proposals for a more effective and coherent proposals for a more effective and coherent European return policy. European return policy. These conclusions were adopted in a context where the effective return rate was only 36.6% in 2017, which is wholly inadequate. Or. fr Amendment 130 Tom Vandendriessche, Nicolas Bay Proposal for a directive Recital 3 AM\1214327EN.docx 7/351 PE658.738v01-00 EN Text proposed by the Commission Amendment 3. On 28 June 2018, in its (3) On 28 June 2018, in its conclusions, the European Council conclusions, the European Council underlined the necessity to significantly underlined the necessity to significantly step up the effective return of irregular step up the effective return of illegal migrants, and welcomed the intention of migrants and failed asylum seekers, and the Commission to make legislative welcomed the intention of the Commission proposals for a more effective and coherent to make legislative proposals for a more European return policy. effective and coherent European return policy. (This amendment applies throughout the entire text.) Or. nl Justification The new term ‘irregular migration’ creates uncertainty surrounding the essential characteristic of illegal immigration, namely that it is immigration that contravenes the law. Amendment 131 Anne-Sophie Pelletier Proposal for a directive Recital 3 a (new) Text proposed by the Commission Amendment (3a) On 19 December 2018, the United Nations General Assembly endorsed the UN Global Compact on Migration. States committed in this text to ensure that any detention in the context of international migration follows due process, is non- arbitrary, based on law, necessity, proportionality and individual assessments, is carried out by authorised officials, and for the shortest possible period of time, irrespective whether detention occurs at the moment of entry, in transit, or proceedings of return, and regardless of the type of place where the detention occurs. They also committed to prioritize non-custodial alternatives to detention that are in line with PE658.738v01-00 8/351 AM\1214327EN.docx EN international law, and to take a human rights-based approach to any detention of migrants, using detention as a measure of last resort only. Or. en Justification This amendment is needed as it is inextricably linked to the amendment tabled to recital 4. Amendment 132 Laura Ferrara, Sabrina Pignedoli Proposal for a directive Recital 3 a (new) Text proposed by the Commission Amendment (3a) The implementation of joint awareness-raising campaigns in third countries on the risks inherent in irregular migration and on the Union’s return policy should be strengthened.