Activities of Cécile Kashetu KYENGE related to 2015/0310(COD)
Plenary speeches (1)
European Border and Coast Guard (debate) IT
Amendments (24)
Amendment 165 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) During a border surveillance operation at sea, a situation may occur where it will be necessary to render assistance to persons found in distress. In accordance with international law, every State must require the master of a vessel flying its flag, in so far as he can do so without serious danger to the vessel, 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. The shipmaster and crew should not face criminal penalties for the sole reason of having rescued persons in distress at sea and brought them to a place of safety.
Amendment 166 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
Amendment 192 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) This Regulation should be applied in full compliance with the principle of non-refoulement as defined in the Charter and as interpreted by the case-law of the Court of Justice of the European Union and of the European Court of Human Rights. In accordance with that principle, no person should be disembarked in, forced to enter, conducted to or otherwise handed over to the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution 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 race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another country in contravention of the principle of non- refoulement.
Amendment 194 #
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) The possible existence of an arrangement between a Member State and a third country does not absolve the Agency or the Member States from their obligations under Union and international 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 serious risk of being subjected to inhuman or degrading treatment or where they are aware or ought to be aware that that third country engages in practices in contravention of the principle of non-refoulement.
Amendment 245 #
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 managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein, to safeguard free movement and the fundamental rights of persons in the area of freedom, security and justice without internal borders by effectively managing migration and thereby ensuring a high level of internal security.
Amendment 254 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘returnee’ means an illegalrregularly staying third-country national who is the subject tof a final return decision; issued by a Member State;
Amendment 256 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘return operation’ means an operation to return illegally staying third- country nationals who are the subject of a final return decision, that is coordinated by the Agency and involves technical and operational reinforcement being provided by one or more Member States under which returnees from one or more Member States are returned either through forced return or in voluntary compliance with an obligation to return;
Amendment 259 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘return intervention’ means an operation to return illegally staying third- country nationals who are the subject of a final return decision providing for enhanced technical and operational assistance consisting of the deployment of European Return Intervention Teams to Member States and the organisation of return operations.
Amendment 269 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency shall establish an operational and technical strategy for the European integrated border management taking into account, where justified, the specific situation of the Member States, in particular their geographical location. It shall promote and ensure the implementation of European integrated border management in all Member States.
Amendment 285 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, which may includinge measures related to the prevention, and detection and investigation of cross-border crimeof the criminal smuggling of persons, trafficking in human beings and terrorism, where appropriate;
Amendment 291 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) Search and Rescue Operations for persons in distress at sea;
Amendment 337 #
Proposal for a regulation
Article 5 – paragraph 3 – point 1 (new)
Article 5 – paragraph 3 – point 1 (new)
(1) When carrying out its tasks in accordance with Article 7, The European Border and Coast Guard Agency shall actively observe and promote the application of the existing and future Union law, including fundamental rights and international protection.
Amendment 346 #
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 particular the Schengen Borders Code established by Regulation (EC) No 562/2006, contribute to the identification, development and sharing of good practices and promote EU border management legislation and standards with a particular focus on fundamental rights and international protection.
Amendment 374 #
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) coordinate Member State action, and provide technical and operational assistance to Member States, in the context of search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014;
Amendment 473 #
Proposal for a regulation
Article 11 – paragraph 3 – point c a (new)
Article 11 – paragraph 3 – point c a (new)
(ca) observe and promote the application of existing and future Union measures relating to the management of external borders, including on fundamental rights and international protection;
Amendment 513 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders,challenges; their capacity to handle in a humane manner and with full respect for fundamental rights the arrival of large numbers of persons many of whom may be in need of international protection; the availability of adequately skilled and trained personnel; the existence of cooperation mechanisms with relevant Union agencies, international organisations and civil society; and to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). Thate vulnerability assessment ishall be without prejudice to the Schengen evaluation mechanism.
Amendment 551 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The Agency shall organise the appropriate technical and operational assistance for the host Member State and it may, in accordance with the relevant Union and international law, including the principle of non-refoulement, take one or more of the following measures:
Amendment 664 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries;, subject to the agreement of the concerned Member States
Amendment 704 #
Proposal for a regulation
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
(b) monitor the correct implementation of the operational plan, including on the protection of fundamental rights;
Amendment 706 #
Proposal for a regulation
Article 21 – paragraph 3 – point d
Article 21 – paragraph 3 – point d
(d) observe and promote the application of existing and future Union measures relating to the management of external borders and respect for fundamental rights in border management activities, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention;
Amendment 734 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) coordinate at technical and operational level the return activities of the Member States, to achieve an integrated system of return management among competent authorities of the Member States, including voluntary departure with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 798 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Amendment 811 #
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, in contravention of the principle of non-refoulement, 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-refoulementwhere, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion or retur, removal or extradition to another country in contravention of that principle.
Amendment 963 #
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. Operations shall be carried out on the basis of an operational plan agreed also by the Member State bordering the operational area. The Commission shall be informed of such activities.