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Document 52019AP0359
P8_TA(2019)0359 Community statistics on migration and international protection ***I European Parliament legislative resolution of 16 April 2019 on the 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 (COM(2018)0307 — C8-0182/2018 — 2018/0154(COD)) P8_TC1-COD(2018)0154 Position of the European Parliament adopted at first reading on 16 April 2019 with a view to the adoption of Regulation (EU) …/… 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 (Text with EEA relevance)
P8_TA(2019)0359 Community statistics on migration and international protection ***I European Parliament legislative resolution of 16 April 2019 on the 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 (COM(2018)0307 — C8-0182/2018 — 2018/0154(COD)) P8_TC1-COD(2018)0154 Position of the European Parliament adopted at first reading on 16 April 2019 with a view to the adoption of Regulation (EU) …/… 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 (Text with EEA relevance)
P8_TA(2019)0359 Community statistics on migration and international protection ***I European Parliament legislative resolution of 16 April 2019 on the 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 (COM(2018)0307 — C8-0182/2018 — 2018/0154(COD)) P8_TC1-COD(2018)0154 Position of the European Parliament adopted at first reading on 16 April 2019 with a view to the adoption of Regulation (EU) …/… 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 (Text with EEA relevance)
OJ C 158, 30.4.2021, p. 25–41
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
30.4.2021 |
EN |
Official Journal of the European Union |
C 158/25 |
P8_TA(2019)0359
Community statistics on migration and international protection ***I
European Parliament legislative resolution of 16 April 2019 on the 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 (COM(2018)0307 — C8-0182/2018 — 2018/0154(COD))
(Ordinary legislative procedure: first reading)
(2021/C 158/08)
The European Parliament,
— |
having regard to the Commission proposal to Parliament and the Council (COM(2018)0307), |
— |
having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0182/2018), |
— |
having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to Rule 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the position in the form of amendments of the Committee on Women's Rights and Gender Equality (A8-0395/2018), |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P8_TC1-COD(2018)0154
Position of the European Parliament adopted at first reading on 16 April 2019 with a view to the adoption of Regulation (EU) …/… 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
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Regulation (EC) No 862/2007 of the European Parliament and of the Council (2) establishes a common and comparable legal framework for European statistics on migration and international protection. |
(2) |
To respond to new needs within the Union for statistics on asylum migration and managed migration international protection , and whereas the characteristics of migration migratory movements are subject to 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 . [Am. 1] |
(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. [Am. 2] |
(3) |
To support the Union in responding effectively to the challenges posed by migration and in developing gender-responsive and human-rights based policies , there is a need for sub-annual frequency data on migration asylum and international protection managed migration. [Am. 3] |
(4) |
Migration Asylum and international protection managed migration statistics are fundamental for the study, definition and evaluation of a wide range of policies, particularly as regards responses to the arrival of persons seeking protection in Europe , with the aim of achieving the best solutions . [Am. 4] |
(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 (the ‘Charter’) and the Convention for the Protection of Human Rights and Fundamental Freedoms. [Am. 5] |
(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. [Am. 6] |
(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. |
(6) |
Data provided on migration asylum and international protection managed migration should be consistent with the relevant information collected pursuant to Regulation (EC) No 862/2007. |
(7) |
Regulation (EC) No 223/2009 of the European Parliament and of the Council (3) 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. |
(8) |
When developing, producing and disseminating European statistics, the national and European statistical authorities, and, where applicable, other relevant national and regional authorities, should take account of the principles set out in the European Statistics Code of Practice, as reviewed and updated by the European Statistical System Committee on 28 September 2011. |
(9) |
Since the 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, but can acting individually. Rather rather, for reasons of harmonisation and comparability, it can be better achieved at Union level, the . The Union may therefore adopt appropriate measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European 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. |
(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 (4) . [Am. 7] |
(10) |
This Regulation guarantees the right to respect for private and family life, and to the protection of personal data , non-discrimination and gender equality , as set out in Articles 7, and 8 8, 21 and 23 of the Charter and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (5). [Am. 8] |
(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. 9] |
(11) |
To In order to ensure uniform conditions for the implementation of Regulation (EC) No 862/2007 regulation, implementing powers should be conferred on the Commission in respect of specifying disaggregations laying down the rules on the appropriate 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 (6). [Am. 10] |
(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 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 Law-Making (7) . 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. [Am. 11] |
(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 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. [Am. 12] |
(12) |
Regulation (EC) No 862/2007 should therefore be amended accordingly. |
(13) |
The European Statistical System Committee has been consulted, |
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 862/2007 is amended as follows:
(-1) |
in Article 1, point (c) is replaced by the following:
|
(-1a) |
Article 2 is amended as follows:
|
(-1b) |
Article 3 is replaced by the following: ‘Article 3 Statistics on international migration, usually resident population and acquisition of citizenship 1. Member States shall supply to the Commission (Eurostat) statistics on the numbers of:
2. The statistics referred to in paragraph 1 shall relate to reference periods of one calendar year and shall be supplied to the Commission (Eurostat) within 12 months of the end of the reference year. The first reference year shall be 2020.’; [Am. 25] |
(1) |
Article 4 is amended as follows:
|
(1a) |
Article 5 is amended as follows:
|
(2) |
Article 6 is amended as follows:
|
(3) |
Article 7 is amended as follows:
|
(4) |
Article 8 is deleted. |
(4a) |
In Article 9, paragraph 2 is replaced by the following: ‘2. Member States shall report to the Commission (Eurostat) on the data sources used, the reasons for the selection of these sources and the effects of the selected data sources on the quality of the statistics, the mechanisms used to ensure protection of personal data and on the estimation methods used, and shall keep the Commission (Eurostat) informed of changes thereto.’; [Am. 83] |
(4b) |
The following Article is inserted: ‘Article 9a Delegated acts The Commission is empowered to adopt delegated acts in accordance with Article 10a amending the definitions set out in Article 2(1). The Commission is empowered to adopt delegated acts in accordance with Article 10a amending this Regulation by:
|
(5) |
Article 10 is amended as follows:
|
(5a) |
The following Article is inserted: ‘Article 10a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 9a shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of this amending Regulation]. 3. The delegation of power referred to in Article 9a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 9a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’; [Am. 87] |
(5b) |
Article 11 is amended as follows:
|
Article 2
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4 paragraphs (1) and (2) and Article 7 paragraph (1) point (b) and paragraph (2) of Regulation (EC) No 862/2007 shall apply from 1 March 2020.
Article 4 paragraphs (3) and (4) and Article 6 paragraphs (1) and (3) of Regulation (EC) No 862/2007 shall apply from 1 July 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,
For the European Parliament
The President
For the Council
The President
(1) Position of the European Parliament of 16 April 2019.
(2) Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).
(3) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
(4) 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).
(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) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(7) OJ L 123, 12.5.2016, p. 1.
(8) Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
(9) Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
(10) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
(11) Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
(12) Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).
(13) Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of “Eurodac” for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1).
(14) Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, p. 96).