56 Amendments of Heinz K. BECKER related to 2018/0330(COD)
Amendment 186 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) The Member States and the Agency shall define areas at the common external Schengen borders in which they operate on a uniform shared competence in order to be able to intervene immediately and maintain order security, especially in cases of acute risks of increasing migration movements
Amendment 304 #
Proposal for a regulation
Recital 61
Recital 61
(61) To overcome the persistent gaps in the voluntary pooling of technical equipment from Member States, in particular as regards large-scale assets, the Agency should have its own necessary equipment to be deployed in joint operations or rapid border interventions or any other operational activities. These assets should be enabled to allow the exercise powers of enforcement as being on the government service of the Member State of the registration, in accordance with the international law1a, in particular when they operate on the high seas. While the Agency has been legally able to acquire or lease its own technical equipment since 2011, this possibility was significantly hindered by the lack of budgetary resources. _________________ 1a see Article 224 “Exercise of powers of enforcement” of United Nations Convention on the Law of the Sea (UNCLOS) and Article 8 “Measures against the smuggling of migrants by sea” and 9(4) of the Protocol against the smuggling of migrants by land, sea and air […]).
Amendment 365 #
Proposal for a regulation
Recital 98
Recital 98
(98) Any processing of personal data by the Agency within the framework of this Regulation should be conducted in accordance with Regulation (EC) No 45/2001U) 2018/1725, including the processing of operational personal data, pursuant to the Chapter IX of Regulation (EU) 2018/1725.
Amendment 380 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Regulation addresses migratory challenges, including return, and potential future threats at those borders, and the pre- frontier area thereby contributing to addressing serious crime with a cross- border dimension, to ensure a high level of internal security within the Union in full respect for fundamental rights, while safeguarding the free movement of persons within it.
Amendment 472 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
(2) The Agency shall provide technical and operational assistance in the implementation of measures relating to the enforcement of return decisions, in agreement with the Member States concerned. Member States shall retain the responsibility for issuing return decisions and the measures pertaining to the detention of returnees in accordance with Directive 2008/115/EC.
Amendment 483 #
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
(5 a) The Member States and the Agency shall define areas at the common external Schengen borders in which the respective Member State, in which the defined area is located, and the Agency operate on an equally shared competence in order to be able to intervene immediately and maintain order security, especially in cases of acute risks of increasing migration movements. Experiences of former migration movements, risk assessments and expertise of the Commission shall be taken into account when defining the areas of shared responsibility.
Amendment 521 #
Proposal for a regulation
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
-1 The Agency shall support the implementation of the European Integrated Border Management with a view to: (a) migration management and the fight against illegal immigration; (b) internal security within the Union in relation to the prevention and detection of cross-border crime and terrorism; (c) facilitation of the movement of bona fide (legitimate) travellers.
Amendment 597 #
Proposal for a regulation
Article 10 – paragraph 1 – point 32 a (new)
Article 10 – paragraph 1 – point 32 a (new)
32 a. assist Member States in the prevention and detection of cross-border crime, such as migrant smuggling, trafficking in human beings and terrorism at the external borders and at the pre- frontier area.
Amendment 598 #
Proposal for a regulation
Article 10 – paragraph 1 – point 32 b (new)
Article 10 – paragraph 1 – point 32 b (new)
32 b. assist Member States in the facilitation of the crossing of the external borders by bona fide (legitimate) travellers.
Amendment 717 #
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The report of the liaison officer shall form part of the vulnerability assessment as referred to in Article 33. The report shall be transmitted to the Member State concerned.
Amendment 724 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Agency shall monitor and assess the availability of the technical equipment, systems, capabilities, resources, infrastructure, adequately skilled and trained staff of Member States necessary for border control as defined in Article 3(1)(a). In thise context of border control, the Agency shall assess the capability development plans referred to in Article 67 (4) as regards their feasibility and implementation. For future planning it shall do so as a preventive measure on the basis of a risk analysis prepared in accordance with Article 30 (2). The Agency shall carry out such monitoring and assessment at least once a year, unless the executive director, based on risk assessments or a previous vulnerability assessment, decides otherwise.
Amendment 758 #
Proposal for a regulation
Article 33 – paragraph 9 – subparagraph 2
Article 33 – paragraph 9 – subparagraph 2
In case of a risk of delay in the implementation of a recommendation by a Member State within the set time-limit, the Executive Director shall immediately inform the member of the Management Board from the Member State concerned and the Commission and enquire with the relevant authorities of that Member State on the reasons for the delay and offer support by the Agency to facilitate the implementation of the measure.
Amendment 823 #
Proposal for a regulation
Article 39 – paragraph 3 – point j
Article 39 – paragraph 3 – point j
(j) regarding sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place, including references to national, international and Union law regarding interception, rescue at sea and, disembarkation and the powers of enforcement, in accordance with Article 63(5), where applicable. In that regard the operational plan shall be established in accordance with Regulation (EU) No 656/2014;
Amendment 985 #
Proposal for a regulation
Article 49 – paragraph 1 – point a
Article 49 – paragraph 1 – point a
(a) provide technical and operational assistance to Member States in the return of third country nationals, including providing assistance in the preparation of return decisions, the identification of third country nationals and other pre-return and return-related activities of the Member States, including voluntary departures, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 989 #
Proposal for a regulation
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(b) provide technical and operational assistance to Member States experiencing challenges with regard to return or migratory pressure, including by deploying migration management support teams;
Amendment 994 #
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) develop a non-binding reference model for a return case management system prescribing the structure of national return management systems, as well as provide technical and operational assistance to Member States in developing national return management systems alignedcompatible with the model;
Amendment 997 #
Proposal for a regulation
Article 49 – paragraph 1 – point d
Article 49 – paragraph 1 – point d
(d) develop and operate a central system and a communication infrastructure betweenallowing for communication of the national return management systems of the Member States andwith the central system, as well as provide technical and operational assistance to Member States in connecting to the communication structure;
Amendment 1011 #
Proposal for a regulation
Article 49 – paragraph 2 – point c
Article 49 – paragraph 2 – point c
(c) advice on and technical and operational assistance in the implementation and management of return procedures in compliance with Directive 2008/115/EC, including providing assistance in the preparation of return decisions, in identification and in the acquisition of travel documents;
Amendment 1014 #
Proposal for a regulation
Article 49 – paragraph 2 – point d
Article 49 – paragraph 2 – point d
(d) advice on and assistance in measures necessary to ensure the availability of returnees for return purposes ands well as to preventing returnees from absconding, in accordance with Directive 2008/115/EC and international law;
Amendment 1030 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Without entering into the merits of return decisions, the Agency shall provide technical and operational assistance and ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations or organising returns on scheduled flights. The Agency may, on its own initiative coordinate or organise return operations in accordance with Article 7(2).
Amendment 1036 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Member States shall on a monthly basisby use of the system referred to in Article 50(1) provide operational data on return necessary for the assessment of return needs by the Agency and inform the Agency of their indicative planning of the number of returnees and of the third countries of return, both with respect to relevant national return operations, and of their needs for assistance or coordination by the Agency. The Agency shall draw up and maintain a rolling operational plan to provide the requesting Member States with the necessary operational assistance and reinforcements, including through technical equipment. The Agency may, on its own initiative in accordance with Article 7(2) or at the request of a Member State, include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The management board shall decide, on a proposal of the executive director, on the modus operandi of the rolling operational plan.
Amendment 1039 #
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
3. The Agency may provide technical and operational assistance and, either at the request of the participating Member States or on its own initiative, in accordance with Article 7(2), may also ensure the coordination or the organisation of return operations for which the means of transport and forced-return escorts are provided by a third country of return (‘collecting return operations’). The participating Member States and the Agency shall ensure that the respect for fundamental rights, the principle of non-refoulement, and the proportionate use of means of constraints are guaranteed during the entire return operation. At least one Member State representative, and one forced-return monitor from the pool established under Article 52 or from the national monitoring system of the participating Member State, shall be present throughout the entire return operation until arrival at the third country of return.
Amendment 1066 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The Agency may deploy return teams either at the request of a Member State or on its own initiative in accordance with Article 47(4), during return interventions, in the framework of migration management teams or as necessary to provide additional technical and operational assistance in the area of return, including where such challenges are linked to large inward mixed migratory flows or taking in third-country nationals rescued at sea.
Amendment 1072 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. In circumstances where a Member State is facing a burden when implementing the obligation to return third- country nationals who are the subject of return decisions issued by a Member State, the Agency shall, either on its own initiative in accordance with Article 47(4) or upon request of that Member State, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist of the deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State.
Amendment 1082 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. In circumstances where a Member State is facing specific and disproportionate challenges when implementing its obligation to return third- country nationals who are the subject of return decisions, the Agency shall, either on its own initiative in accordance with Article 47(4) or upon the request of that Member State, provide the appropriate technical and operational assistance in the form of a rapid return intervention. A rapid return intervention may consist in the rapid deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State.
Amendment 1149 #
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The Agency shall ensure that all the staff members recruited to act as operational staff of the European Border and Coast Guard standing corps have received adequate training in relevant Union and international law, including on fundamental rights, access to international protection and, where appropriate, search and rescue, prior to their initial deployment in operational activities organised by the Agency. For that purpose, the Agency shall, based on agreements with selected Member States, implement the necessary training programmes in their national academies. The cost of training shall be entirely covered by the Agency.
Amendment 1161 #
Proposal for a regulation
Article 62 a (new)
Article 62 a (new)
Amendment 1164 #
Proposal for a regulation
Article 63 – paragraph 5
Article 63 – paragraph 5
5. On the basis of a model agreement drawn up by the Agency and approved by the management board, the Member State of registration and the Agency shall agree on terms ensuring the operability of the equipment. In addition to that, regarding major technical equipment such as aircraft, helicopters or vessels, the Member State of registration shall authorise this equipment as being on government service, and to exercise its powers of enforcement in accordance with national, international and Union law. In the case of co-owned assets, the terms shall also cover the periods of full availability of the assets for the Agency and determine the use of the equipment, including specific provisions on rapid deployment during rapid border interventions.
Amendment 1189 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1
Article 69 – paragraph 1 – subparagraph 1
The Agency shall cooperate with Union institutions, bodies, offices and agencies, and international organisations, within their respective legal frameworks and make use of existing information, capabilities and systems available in the framework of EUROSUR.
Amendment 1191 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1 a (new)
Article 69 – paragraph 1 – subparagraph 1 a (new)
Amendment 1207 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Cooperation referred to in paragraph 1 and 1a shall take place within the framework of working arrangements concluded with the entities referred to in paragraphs 1 and 1a. Such arrangements shall have received the Commission's prior approvalFor entities referred to in paragraph 1a, such arrangements shall be concluded after consultation with the Commission. In every case, the Agency shall inform the European Parliament of any such arrangements.
Amendment 1263 #
Proposal for a regulation
Article 77 – title
Article 77 – title
Role of the Commission and the European External Action Service with regard to cooperation with third countries
Amendment 1273 #
Proposal for a regulation
Article 77 – paragraph 6
Article 77 – paragraph 6
6. Before any working arrangements with third parties or third countries are concluded, the Agency shall notify them to the Commission, which shall give its prior approval. Once working arrangements are concluded, the Agency shall notify them to the Commission, which shall inform the European Parliament and the Council thereof.
Amendment 1275 #
Proposal for a regulation
Article 77 – paragraph 7 a (new)
Article 77 – paragraph 7 a (new)
7 a. The Commission, the External Action Service and the Agency shall regularly exchange information on the developments and actions within the remit of this Regulation, with an aim to ensure coherence between EU’s external action policy and operational engagement with third countries, and to promote coherent standards for the implementation of IBM in the external dimension.
Amendment 1305 #
Proposal for a regulation
Article 83 – paragraph 1
Article 83 – paragraph 1
1. Members of the teams deployed from the European Border and Coast Guard standing corps shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of Regulation (EU) 2016/399, Regulation (EU) 656/2014 and Directive 2008/115/EC.
Amendment 1335 #
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
1. The Agency shall apply [Regulation (ECU) No 45/2001]2018/1725 when processing personal data. In particular, the processing of personal data for the purpose of exchanges with law enforcement authorities or for risk analysis shall be governed by Chapter IX of Regulation (EU) 2018/1725.
Amendment 1338 #
Proposal for a regulation
Article 87 – paragraph 2
Article 87 – paragraph 2
2. The management board shall take the necessary administrativeimplementing measures to apply[ Regulation (ECU) No 45/2001]2018/1725 by the Agency, including thoseas well as implementing measures concerning the data protection officer of the Agency, in particular with a view to his or her tasks, duties and powers.
Amendment 1348 #
Proposal for a regulation
Article 87 a (new)
Article 87 a (new)
Article 87 a Sources of personal data and ownership of data 1. The Agency may process operational personal data obtained from: a. Member States; b. staff of the Agency; c. European Border and Coast Guard standing corps; d. other Union bodies, agencies and offices in particular those listed in Article 69(1); e. third countries or international organisations; f. open sources. 2. The party providing the personal data retains the ownership of that data as well as the responsibilities related to data accuracy. When personal data is provided by the sources listed in Article 87a (1)(b), (e) and (f) the responsibility lies, in principle, with the Agency.
Amendment 1349 #
Proposal for a regulation
Article 88 – title
Article 88 – title
Amendment 1352 #
Proposal for a regulation
Article 88 – paragraph 1 – point a
Article 88 – paragraph 1 – point a
(a) performing its tasks of organising and coordinatingrelated to joint operations, pilot projects, rapid border interventions and in the framework of the migration management support teams in accordance with Articles 37 and following;
Amendment 1360 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
Amendment 1365 #
Proposal for a regulation
Article 88 – paragraph 3
Article 88 – paragraph 3
Amendment 1367 #
Proposal for a regulation
Article 88 a (new)
Article 88 a (new)
Article 88 a Determination of the purpose of processing personal data and restrictions 1. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in Article 88(1). The Agency may process such personal data for a different purpose which also falls under Article 88(1) only if authorised by the provider of the personal data. 2. Member States and other Union agencies may indicate, at the moment of transmitting personal data, any restrictions on access to those data or use of them, in general or specific terms, including as regards their transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer of personal data, they shall inform the Agency accordingly. The Agency shall comply with such restrictions. 3. In duly justified cases, the Agency through the implementing measures adopted in accordance with Article 87(2) may assign restrictions of use by Member States, Union bodies, third countries and international organisations of information retrieved from open sources.
Amendment 1368 #
Proposal for a regulation
Article 88 b (new)
Article 88 b (new)
Amendment 1370 #
Proposal for a regulation
Article 89 – title
Article 89 – title
Amendment 1371 #
Proposal for a regulation
Article 89 – paragraph 1 – introductory part
Article 89 – paragraph 1 – introductory part
1. The Agency shall only process the following categories of operational personal data collected and or transmitted to it by the Member States, by its staff, by members of European Border and Coast Guard standing corps or by EASO, Europol or Eurojust in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams:
Amendment 1373 #
Proposal for a regulation
Article 89 – paragraph 1 – point a
Article 89 – paragraph 1 – point a
(a) personal data of persons who are suspected, on reasonable grounds, by the competent authorities of the Member States and, a member of the staff of the Agency, a member of the European Border and Coast Guard standing corps, and by EASO, Europol or Eurojust, of involvement in cross-border crime, such as migrant smuggling, trafficking in human beings or terrorism;
Amendment 1376 #
Proposal for a regulation
Article 89 – paragraph 2 – introductory part
Article 89 – paragraph 2 – introductory part
2. PFor the personal data referred to in paragraph 1 may be processed by the Agency in the following cases: point b, the data provider shall, as much as possible, determine whether the data subject is, in addition, a witness or a victim of illegal immigrant smuggling or trafficking in human beings. In addition, the Agency shall consider specific measures for protection of personal data when it refers to children, in the context of the implementing measures referred to Article 87(2).
Amendment 1377 #
Proposal for a regulation
Article 89 – paragraph 2 – point a
Article 89 – paragraph 2 – point a
Amendment 1380 #
Proposal for a regulation
Article 89 – paragraph 2 – point b
Article 89 – paragraph 2 – point b
Amendment 1382 #
Proposal for a regulation
Article 89 – paragraph 2 – point c
Article 89 – paragraph 2 – point c
Amendment 1385 #
Proposal for a regulation
Article 89 – paragraph 2 – point d
Article 89 – paragraph 2 – point d
Amendment 1386 #
Proposal for a regulation
Article 89 – paragraph 2 – point e
Article 89 – paragraph 2 – point e
Amendment 1389 #
Proposal for a regulation
Article 89 – paragraph 3
Article 89 – paragraph 3
Amendment 1394 #
Proposal for a regulation
Article 90
Article 90
Amendment 1405 #
Proposal for a regulation
Article 90 a (new)
Article 90 a (new)
Article 90 a Data retention and logging 1. Operational personal data processed for the purposes of transmission to Member States or Union Agencies shall be deleted as soon as they have been transmitted and not later than 90 days thereafter. 2. Relevant operational personal data processed for the purposes of risk analysis shall be stored for a period of 3 years, after which it shall be deleted. 3. Operational personal data processed for the purpose of returns shall be kept for as long as it is necessary for the performance of the return-related task, not exceeding a period of three years. 4. The logs shall be only made accessible to the European Data Protection Supervisor upon request and to the data protection officer for the purpose of ensuring compliance with data protection provisions. The implementing measures adopted in accordance with Article 87(2) shall include provisions on the content and purposes of the logs.