25 Amendments of Tonino PICULA related to 2015/0310(COD)
Amendment 74 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Th European Border and Coast Guard is intended to replace Frontex in order to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein. In accordance with the Treaties and their Protocols, the Member States to which provisions of the Schengen acquis on lifting border controls are yet to apply should be able to participate in and/or benefit from all the actions under this Regulation.
Amendment 96 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure the uniform conditions for the implementation of this Regulation, in particular as regards situations requiring urgent action at the external borders, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.18 , based on the principle of non-refoulement and respecting human right declarations and standards. __________________ 18 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 the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 105 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘external borders’ means the land and sea borders of the Member States and their airports and seaports, to which the provisions of Title II of Regulation (EC) No 562/2006 of the European Parliament and of the Council 38 apply, including those Member States to which provisions of the Schengen acquis on lifting internal borders are yet to apply; __________________ 38 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) (OJ L 105, 13.4.2006, p. 1).
Amendment 119 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Whereas the proposed European Border and Coast Guard is intended to replace Frontex and is meant to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring high level of internal security within the Union, while safeguarding the free movement of persons therein; in line with the Treaties and their Protocols, notes that the Member States to which provisions of the Schengen acquis on lifting border controls are yet to apply can participate in and/or benefit from all the actions under the new proposal.
Amendment 142 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. To ensure a coherent European integrated border management at all external borders, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particularcluding the Schengen Borders Code established by Regulation (EC) No 562/2006.
Amendment 155 #
Proposal for a regulation
Article 7 – paragraph 1 – point n
Article 7 – paragraph 1 – point n
(n) monitor and participate in the development and management of research and innovation activities relevant for the control and surveillance of external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems and develop pilot projects regarding matters covered by this Regulation;
Amendment 160 #
Proposal for a regulation
Article 7 – paragraph 1 – point r
Article 7 – paragraph 1 – point r
(r) assist Member States and third countries in the context of operational cooperation between them in the fields of external border management and return, as well as the organisation of humanitarian corridors.
Amendment 168 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders, including military operations on a law enforcement mission and in the field of return, where such cooperation is compatiblenot contradictory with the action of the Agency and CSDP and NATO missions where appropriate. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.
Amendment 173 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish a monitoring and risk analysis centre with the capacity to monitorscreen migratory flows towards and within the Union. For this purpose, the Agency shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 217 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve the rescue of persons in distress at sea or other coast guard functions conducted in a way that, in all instances, ensures the safety of the persons intercepted or rescued, the safety of the participating units and that of third parties, the fight against migrant smuggling or trafficking in human beings, drug trafficking control operations, and migration management including identification, registration, debriefing and return.
Amendment 221 #
Proposal for a regulation
Article 15 – paragraph 3 – point j
Article 15 – 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 international and Union law regarding interception, search, rescue at sea and disembarkation. In that regard the operational plan defining the role of the Agency in search and rescue activities shall be established in accordance with international law provisions and Regulation (EU) No 656/2014 of the European Parliament and of the Council;42 __________________ 42 Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 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 Members States of the European Union (OJ L 189, 27.6.2014, p. 93).
Amendment 223 #
Proposal for a regulation
Article 15 – paragraph 3 – point k
Article 15 – paragraph 3 – point k
(k) modalities of cooperation with third countries, other Union agencies, bodies and offices or international organisations in close synergy with the Commission and EEAS. The European Parliament shall be regularly informed about this cooperation;
Amendment 242 #
Proposal for a regulation
Article 19 – paragraph 8 – subparagraph 1
Article 19 – paragraph 8 – subparagraph 1
The Agency shall contribute to the European Border and Coast Guard Teams with competent border guards seconded by the Member States as national experts to the Agency. The contribution by Member States as regards the secondment of their border guards to the Agency for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States shall make the border guards available for secondment, unless that would seriously affect the discharge of national tasks. In such situations Member States may recall their seconded border guards. In order to respond to eventual shortages, the Agency may employ staff on a temporary basis in order to perform border control function in line with its mandate.
Amendment 243 #
Proposal for a regulation
Article 19 – paragraph 8 – subparagraph 2
Article 19 – paragraph 8 – subparagraph 2
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘external borders’ means the land and sea borders of the Member States and their airports and seaports, to which the provisions of Title II of Regulation (EC) No 562/2006 of the European Parliament and of the Council 38 apply, including those Member States to which provisions of the Schengen acquis on lifting internal borders are yet to apply; __________________ 38 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) (OJ L 105, 13.4.2006, p. 1).
Amendment 260 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency in cooperation with European Union Agency for Fundamental Rights shall draw up and further develop and implement a Fundamental Rights Strategy that should be approved by the European parliament.
Amendment 268 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The Agency shall take the necessary initiatives to ensure training for staff involved in return-related tasks to be part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all staff who participate in return operations and in return interventions, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including fundamental rights and, access to international protection, that will also enable them identify possible human rights violations and process them accordingly.
Amendment 297 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Agency shall cooperate with the European Parliament, the Commission, and other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the objectives of preventing and combating irregular immigration and cross-border crime including the facilitation of irregular immigration, trafficking in human being and terrorism.
Amendment 318 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders, and it shall have the possibility of carrying out joint operations at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreement of that neighbouring third country, including on the territory of that third country. The Commission, the EEAS, European Parliament, Eurojust and Europol shall be informed of such activities.
Amendment 334 #
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
9. The Agency shall inform the European Parliament timely and thoroughly of the activities referred to in paragraphs 2 and 3this article.
Amendment 345 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. To ensure a coherent European integrated border management at all external borders, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particularcluding the Schengen Borders Code established by Regulation (EC) No 562/2006.
Amendment 366 #
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
By threone years from the date of entry into force of this Regulation, and every threewo years thereafter, the Commission shall carry out an evaluation to assess particularly the impact, effectiveness and efficiency of the Agency’s performance and its working practices in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.
Amendment 371 #
Proposal for a regulation
Article 80 – paragraph 2 a (new)
Article 80 – paragraph 2 a (new)
2 a. The Executive Director shall hold regular exchanges of views with the appropriate bodies of the European Parliament, notably regarding specific cooperation with third countries and international organizations, and shall present the annual report of the Agency.
Amendment 372 #
Proposal for a regulation
Article 80 – paragraph 3
Article 80 – paragraph 3
3. On the occasion of every second evaluation, the Commission shall assess the results achieved by the Agency having regard to its objectives, mandate and tasks.
Amendment 869 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Members of the teams shall have the capacity to perform all tasks and exercise all powers for external border control and return as well as those which are necessary for the realisation of the objectives of Regulation (EC) No 562/2006 and Directive 2008/115/EC, respectively.