42 Amendments of Jussi HALLA-AHO related to 2015/0310(COD)
Amendment 193 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Low return rates within an EU Member State shall also constitute ineffective control of the EU’s external borders to the extent that this risks putting in jeopardy the functioning of the Schengen area.
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to reducing pressure at the EU’s external border, managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.
Amendment 288 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, including measures related to the prevention, detection and investigation of cross-border crime and irregular immigration, where appropriate;
Amendment 378 #
Proposal for a regulation
Article 7 – paragraph 1 – point g
Article 7 – paragraph 1 – point g
(g) deploy European Border and Coast Guard Teams and technical equipment to provide assistance into the European Asylum Support Office (EASO) and/or national authorities in each Member State which are responsible for border control or for other tasks carried out at the external border in terms of screening, identificationying and fingerprinting in the framework of the migration management support teams at hotspot areas;
Amendment 423 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Amendment 541 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time-limit foreseen in that decision, further action mayshall be taken by the Commissionuncil in accordance with Article 18.
Amendment 557 #
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) deploy European Border and Coast Guard Teams in the framework of the migration management support teams at hotspot areas to conduct return operations;
Amendment 593 #
Proposal for a regulation
Article 15 – paragraph 3 – point l
Article 15 – paragraph 3 – point l
(l) procedures setting out a referral mechanism whereby persons in need of international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation are directed to the competent national authorities for appropriate assistance;
Amendment 594 #
Proposal for a regulation
Article 15 – paragraph 3 – point l a (new)
Article 15 – paragraph 3 – point l a (new)
(la) procedures setting out a referral mechanism whereby persons in need of international protection are directed to the European Asylum Support Office (EASO) and / or competent national authorities for the application of the Asylum Procedures Directive (APD), inter alia the concept of the first country of asylum and safe country of origin;
Amendment 602 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision., by making use of existing plans and procedures;
Amendment 618 #
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) providing assistance in the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third- country nationals;
Amendment 622 #
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
Amendment 644 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commissionuncil by qualified majority, after consulting the Agency, mayshall adopt a decision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2).
Amendment 657 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
On duly justified imperative grounds of urgency relating to the functioning of the Schengen area, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 79(5), only until the Council has taken a decision.
Amendment 684 #
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. In the event that an EU Member State refuses to comply with the Council decision, all other EU Member States shall immediately have the right to re- establish internal border controls until full compliance is achieved, or the Member State leaves the Schengen Area;
Amendment 698 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 707 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. If the vulnerability assessment demonstrates that the EU Member State is at fault for deficiencies in guarding the EU's external borders, part of the budget for the Agency's operations shall be covered by that Member State, amounting to what the assessment indicates as the national budget that would have been required additionally for adequate border management.
Amendment 714 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director shall withdraw the financing of a joint operation or a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist.
Amendment 729 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. The Return Office shall be responsible for carrying out the return- related activities of the Agency, in accordance with the respect of fundamental rights and general principles of Union law as well as international law, including refugee protection and human rights obligations. The Return Office shall, in particular:
Amendment 739 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) coordinate and / or organise the return-related activities of the Agency as set out in this Regulation;
Amendment 748 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Agency may make use of the financial means of the Union which are available in the field of return. The Agency shall ensure that in its grant agreements with Member Statesthe authorities of third countries that any financial support is conditional upon the full respect for the Charter of Fundamental Righconclusion of readmission agreements.
Amendment 803 #
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 shall draw up and further develop and implement a Fundamental Rights Strategy.
Amendment 814 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle.
Amendment 815 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protectionpersons in need of medical assistance, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 826 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency except for returns. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and persons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.
Amendment 829 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Agency shall develop and regularly update a Code of Conductadhere to the Return Handbook for the return of illegally staying third-country nationals which shall apply during all return operations and return interventions coordinated or organised by the Agency. That Code of Conduct shall describ, ensuring that the common standardises and procedures to simplify the organisation of return operations and return interventions, and assure return in a humane manner and with full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, the right to liberty and security and the right to the protection of personal data and non-discriminationof Directive 2008/115/EC are implemented.
Amendment 831 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 834 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The Agency shall take the necessary initiatives to ensure that all border guards and other relevant staff of the Member States who participate in the European Border and Coast Guard Teams, 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 on fundamental rights, access to international protection and search and rescue.
Amendment 838 #
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.
Amendment 843 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Agency shall establish and further develop common core curricula for the training of border guards and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights, access to international protection and relevant maritime law. The Agency shall draw up the common core curricula after consulting the Consultative Forum. Member States shall integrate the common core curricula in the training of their national border guards and staff involved in return-related tasks.
Amendment 906 #
Proposal for a regulation
Article 46 – paragraph 1 – introductory part
Article 46 – paragraph 1 – introductory part
1. Calls on Member States to ensure the regular and accurate update of EU databases including the Schengen Information System and the European Criminal Records Information System, so that all available information can be utilised by the FRONTEX agency in order to ensure the security of the EU's external border and the good functioning of the Schengen area. The use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams shall be limited toinclude:
Amendment 921 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
Amendment 927 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1 a (new)
Article 51 – paragraph 1 – subparagraph 1 a (new)
Individuals seeking international protection should be registered, fingerprinted, and debriefed according to existing asylum procedures; background security checks should also be carried out at the EU's external borders, after which the Asylum Procedures Directive (APD) should be applied, inter alia the concepts of first country of asylum and safe country of origin, allowing the Return Office to swiftly exercise return operations. The European Coast and Border Guard (ECBG), Europol, Eurojust, the European Asylum Support Office (EASO) and national competent authorities shall work together to achieve the aim of accelerated procedures in the context of hotspots.
Amendment 955 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, as well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shall be related to the management of operational cooperation. Such arrangements shall have received the Commission’uncil's prior approval.
Amendment 980 #
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
Amendment 992 #
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
Amendment 1096 #
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, he or she shall report directly to the Management Board and cooperate with the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.
Amendment 1107 #
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Fundamental Rights Officer shall be consulted on the operational plans drawn up in accordance with Articles 15, 16 and 32(4) and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency.
Amendment 1112 #
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. The Agency, in cooperation with the Fundamental Rights Officer, shall take the necessary measures to set up a complaint mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights, in all the activities of the Agencyf systematic deficiencies for the respect of human rights are reported by the Fundamental Rights Officer.
Amendment 1153 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languagesthe official languages of the European Union and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1170 #
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 three 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 1172 #
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 2
Article 80 – paragraph 1 – subparagraph 2