Activities of Josef WEIDENHOLZER related to 2013/0106(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union PDF (460 KB) DOC (548 KB)
Amendments (33)
Amendment 32 #
Proposal for a regulation
Recital 1
Recital 1
(1) The objective of Union policy in the field of the Union external borders is to ensure the efficient monitoring of the crossing of external borders including through border surveillanceand protect lives at those borders. The purpose of border surveillance is to prevent unauthorised border crossings, to counter cross-border criminality and to apprehend or take other measurestake legal action against those persons who have crossed the border in an irregular manner. Border surveillance should be effective in preventing and discouragingensure that persons fromcannot circumventing the checks at border crossing points. To this end, bBorder surveillance is not limited to theextends to detection ofng attempts at irregular border crossing but equally extends to steps, to action such as intercepting ships suspected of trying to gain entry to the Union without submitting to border checks, as well as arrangements intended to address situations such asnd to search -and- rescue that may arise during a border surveillance operation at sea and arrangements intended to bring such an operation to a successful conclusionoperations.
Amendment 36 #
Proposal for a regulation
Recital 2
Recital 2
(2) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (‘the Agency’) established by Council Regulation (EC) No 2007/2004 of 26 October 200413 is responsible for the coordination of operational cooperation between Member States in the field of management of the external borders, including as regards border surveillance. The Agency is also responsible to assist Member States in circumstances requiring increased technical assistance at the external borders, taking into account that some situations may involve humanitarian emergencies and rescue at sea. Specific rules with regard to border surveillance activities carried out by maritime and aerial units of one Member State at the sea border of other Member States or on the high seas in the context of operational cooperation coordinated by the Agency are necessary to further strengthen such cooperation. __________________ 13 OJ L 349, 25.11.2004, p. 1. OJ L 349, 25.11.2004, p. 1.
Amendment 39 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Cooperation with neighbouring third countries is conducive to preventing unauthorised border crossings, countering cross-border criminality and making search-and-rescue operations in the Mediterranean more efficient. Such cooperation should also encourage compliance with European border management standards, above all as regards observing fundamental rights. Pursuant to Regulation (EC) No 2007/2004, the Agency may cooperate with the competent authorities of third countries, in particular in the areas of risk analysis and training. Furthermore, provided it is ensured that fundamental rights and international law are complied with and that refugees are protected, it should facilitate operational cooperation between Member States and third countries.
Amendment 41 #
Proposal for a regulation
Recital 3
Recital 3
(3) The establishment of the European Border Surveillance System (EUROSUR) established by Regulation (EU) No […/…] of the European Parliament and of the Council of […] should strengthen the information exchange and operational cooperation between Member States and with the Agency. This ensures that the situational awareness and reaction capability of Member States improves considerably, also with the support of the Agency, for the purposes of detecting and preventing irregular migration, for combating cross-border crime and, above all, for contributing to protect and save the lives of migranting individuals and saving lives at their external borders. When coordinating border surveillance operations, the Agency should provide Member States with information and analysis concerning these operations.
Amendment 43 #
Proposal for a regulation
Recital 4
Recital 4
(4) During border surveillance operations, Member States and the Agency should respect their obligations under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention relating to the Status of Refugees, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and other relevant international instruments. Any breach of those obligations should be investigated and, if necessary, penalised.
Amendment 45 #
Proposal for a regulation
Recital 5
Recital 5
(5) In accordance with Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)14 and general principles of Union law, any measure taken in the course of a surveillance operation should be proportionate to the objectives pursued, non-discriminatory and it should fully respect human dignity, fundamental rights and, the rights of refugees and asylum seekers, including and the principle of non- refoulement. Member States and the Agency are bound by the provisions of the asylum acquislaw, and in particular of Council Directive 2005/8513/32/ECU of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status15the European Parliament and of the Council with regard to applications for asyluminternational protection made in the territory, including at the border, in the territorial waters or in the transit zones of Member States or on the high seas. __________________ 14 OJ L 105, 13.4.2006, p. 1. 15 OJ L 326, 13.12.2005, p. 13.
Amendment 46 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) This Regulation should be applied in full compliance with the principle of non- refoulement, according to which no-one may be turned away, removed, deported or extradited or otherwise forced or prevailed upon to enter a country where there is a risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment or where his or her life or freedom would be threatened on account of his or her origins, race, religion, nationality, gender, sexual orientation, membership of a particular social group or family, or political or philosophical beliefs. The possible existence of an arrangement between a Member State and a third country cannot absolve Member States from their obligations under international and Union law, in particular as regards compliance with the principle of non-refoulement.
Amendment 51 #
Proposal for a regulation
Recital 6
Recital 6
(6) The possible existence of an arrangement between a Member State and a third country cannot absolve Member States from those obligationseir obligations under international and Union law, in particular as regards compliance with the principle of non-refoulement, whenever they are aware or ought to be aware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that third country amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatdo not make it possible to conduct an individual, fair and effective assessment or where they are aware or ought to be aware that this third country is engaged in practices in contravention of the principle of non- refoulement. Units deployed by Member States or the Agency must also be guided by the provisions of Union law and international law in instances where operations take place in the territorial waters of third countries and those countries apply other rules.
Amendment 58 #
Proposal for a regulation
Recital 7
Recital 7
(7) DurWhen conducting a border surveillance operation at sea, a situation may occurregard should be had for situations where it will beis necessary to render assistance to persons found in distress. In accordance with international law, every State must require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers, to render assistance without delay to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress. Such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found.
Amendment 77 #
Proposal for a regulation
Article 2 – point 12 a (new)
Article 2 – point 12 a (new)
12a. 'child' means any person under 18 years of age.
Amendment 78 #
Proposal for a regulation
Article 3
Article 3
Measures taken for the purpose of a sea operation shall be conducted in a way that does not put at risk, in all instances, ensures the safety of the persons intercepted or rescued and the safety of the participating units, including safe onward passage.
Amendment 79 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
(1) No person shall be disembarked in, or otherwise handed over to the authorities ofmay be turned away, removed, deported or extradited or otherwise forced or prevailed upon to enter a country where there is a serious risk that such personhe or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment or where his or her life or freedom would be threatened on account of his or her origins, race, religion, nationality, gender, sexual orientation, membership of a particular social group or family, or political or philosophical beliefs, or from which there is a serious risk of expulsion, removal or extradition to another country in, or a risk of contravention of the principle of non- refoulement, or the country concerned makes no provision for an individual, fair and effective procedure enabling a person to request international protection.
Amendment 87 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
(2) Before deciding on disembarkation in a third country, the participating units shall take into accountand during a sea operation, the host Member State and the participating Member States shall examine the general situation in thate neighbouring third country and iies. Intercepted or rescued persons shall not be disembarked in thata third country when the host Member State, the Agency or the participating Member States are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1. Those Member States shall provide that information to the participating units. For that purpose, they may use the information prepared by the European Asylum Support Office, the Agency and the United Nations High Commissioner for Refugees.
Amendment 93 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
(3) In case of disembarkation in a third country is considered, the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation. They shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement, including their medical condition and other circumstances that might make them vulnerable. Before a decision is taken, they shall inform the intercepted or rescued persons of their rights, in particular the right to international protection, and of the place of disembarkation in an appropriate way, and in a language which those persons understand or may be presumed to understand, and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be unlawful. Intercepted or rescued persons shall be granted legal assistance and access to effective remedy and translators, and it shall be made possible for them to produce evidence in support of their case.
Amendment 107 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
(5) Border guards participating in a sea operation shall be trained with regard to relevant provisions of fundamental rights, refugee law and the international legal regime of search and rescue. All participating units should include staff with medical training, who should also be consulted when the medical condition of persons intercepted is assessed.
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
(5a) Any breach of international law or the Charter of Fundamental Rights shall be investigated and, if necessary, penalised.
Amendment 113 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The participating units shall communicate information about any ship suspected of being engaged in illegal activities at sea, which are outside the scope of athe sea operation, to the International Coordination Centre, which shall convey this information to the National Coordination Centre of the Member State or Member States concerned. When necessary and for the purposes laid down in this Regulation, the authorities of the Member States concerned and the Agency shall make use of the EUROSUR framework.
Amendment 114 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The establishment of the European Border Surveillance System ("EUROSUR") established by Regulation (EU) No .../2013 of the European Parliament and of the Council should strengthen the exchange of information and operational cooperation between national authorities of Member States as well as with the Agency in the context of border surveillance operations carried at the European Union's external sea borders. EUROSUR shall ensure to improve situational awareness and increase reaction capability of Member States, for the purpose of detecting and preventing irregular migration, for combating cross-border crime and for contributing to the protection and saving the lives of migrants at their external borders.
Amendment 123 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) making persons on board aware thatas to why they may not be authorised to cross the border and that persons directing the craftship may face penalties for facilitating the voyage;
Amendment 128 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 139 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
Amendment 143 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) making persons on board aware thatas to why they are or may not be authorised to cross the border and that persons directing the craft may face penalties for facilitating the voyage;
Amendment 147 #
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
Amendment 151 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
Amendment 157 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
(8) Where there are reasonable grounds to suspect that a ship without nationality or one that may be assimilated to a ship without nationality is engaged in the smuggling of migrants by sea, the participating unit may board and stop the ship with a view to verifying its statelessness. If suspicions prove to be founded further appropriate measures as laid down in paragraph 1 may be taken in accordance with national law, Union law and international law.
Amendment 166 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) During a sea operation, participating units shall render assistance without delay to any ship or person in distress at sea. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.
Amendment 174 #
Proposal for a regulation
Article 9 – paragraph 6 – point c
Article 9 – paragraph 6 – point c
(c) the number of passengersersons on board in relation to the type and condition of the ship;
Amendment 179 #
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
(7) Participating units shall promptly take all appropriate measures to ensure the safety and care of the persons concerned, communicate their assessment of the situation to the responsible Rescue Coordination Centre. While awaiting instructions from the Rescue Coordination Centre, participating units shall take all the appropriate measures to ensure the safety of the persons concerned responsible, and await the Rescue Coordination Centre's instructions.
Amendment 181 #
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
(8) The existence of a distress situation shall not be exclusively dependent on or determined by an actual request for assistance. Where, despite a ship being perceived to be in a distress situation, the persons on board refuse to accept assistance, the participating unit shall inform the Rescue Coordination Centre and continue to fulfil a duty of care by surveying the ship at a prudent distance and by taking any measure necessary for the safety of the persons concerned, while avoiding to take any action that might aggravate the situation or increase the chances of injury or loss of life.
Amendment 184 #
Proposal for a regulation
Article 9 – paragraph 11
Article 9 – paragraph 11
(11) Where the ship cannot or can no longer be considered as being in a distress situation or the search and rescue operation has been concluded, in accordance with Article 10(4), the participating unit shall, in consultation with the International Coordination Centre, resume the sea operation.
Amendment 190 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
(1) The modalities for the disembarkation of the persons intercepted or rescued in a sea operation shall be set out in the operational plan, taking Article 4 into account. Those modalities for disembarkation shall not have the effect of imposing obligations on Member States not participating in the sea operation unless they expressly provide authorisation for measures to be taken in their territorial sea or contiguous zone in accordance with Article 6(4) or Article 8(2).
Amendment 195 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
(3) Subject to the application of Article 4, in the case of interception on the high seas as laid down in Article 7, disembarkationdisembarkation following a rescue operation on the high seas may take place in the third country from which the ship departed, provided that that location is the nearest place of safety. If that is not possible, disembarkation shall take place in the host Member State.
Amendment 206 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Report 1. The Agency shall submit a report to the European Parliament, the Council and the Commission on the implementation of this Regulation by xxx (two years after entry into force) and every two years thereafter. 2. The report shall include a description of the procedures put in place by the Agency to implement this Regulation during sea operations and an assessment of the practical application of this Regulation, including any incidents which may have taken place. It shall provide detailed information on compliance with fundamental rights, and on the impact on those rights, and shall contain an overview of any reasons expressed by intercepted persons, under Article 4(3), and of measures taken subsequently.