47 Amendments of Miriam DALLI related to 2015/0310(COD)
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 153 #
Proposal for a regulation
Recital 13
Recital 13
(13) The European Border and Coast Guard Agency should carry out a vulnerability assessment to assess the capacity of the Member States to face challenges at their external borders, including by assessing the equipment and resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take corrective action to address any deficiencies identified in that assessment. The Executive Director, on the advice of a Supervisory Board created within the European Border and Coast Guard Agency, should identify the measures to be taken byand recommend them to the Member State concerned for its action and should set a time-limit within which those measures should be taken. That decision should be binding on that Member State and wWhere the necessary measures are not taken within the set time- limit, the matter needs to be referred to the Management Board for a further decision.
Amendment 157 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The vulnerability assessment carried out by the European Border and Coast Guard Agency should be a preventive measure carried out every 6 months on the basis of a risk analysis, complimenting the Schengen evaluation and monitoring mechanism set up pursuant to Council Regulation No 1053/201311a __________________ 1aCouncil Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen
Amendment 209 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The implementation of this Regulation does not affect the division of competence between the Union and the Member States under the Treaty of the EU or the obligations of Member States under international conventions such as 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 International Convention for the Prevention of Pollution from Ships, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and other relevant maritime international instruments.
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 274 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency by decision of the Management Board 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. This strategy shall be in line with Article 4 of this Regulation. It shall promote and ensuresupport the implementation of European integrated border management in all Member States.
Amendment 334 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The European Border and Coast Guard Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken oronly in the event of disproportionate migratory pressure, which would rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area.
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 407 #
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 compatible with the action of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.
Amendment 421 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
To be able to perform to the best of their abilities the tasks conferred on them by this Regulation, the national authorities which are responsible for border management and return, including coast guards, to the extent that they carry out border control tasks, shall provide the Agency and the Agency shall in accordance with relevant Union and national laws share in a timely and accurate manner with all the information necessary for the Agency to perform the tasks conferred on it by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Union, to carry out risk analysis and to perform the vulnerability assessment. and the relevant national authorities to perform the tasks conferred on them by this Regulation.
Amendment 426 #
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 monitor migratory flows towards and within the Union. For this purpose, the Agency shall developby a decision of the Management board, establish a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 465 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall ensure regular monitoring of the management of the external borders, if necessary through liaison officers of the Agency in Member States.
Amendment 468 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Executive Director shall appoint experts from the staff of the Agency to be deployed as liaison officers. The Executive DirectorManagement Board shall, based on a risk analysis and ion consultation with the Management Board, determinea proposal of the Executive Director, decide on the nature of the deployment, the Member State to which a liaison officer may be deployed and the duration of the deployment and notify its decision to the Member State concerned. The Executive Director shall notifyconsult the Member State concerned ofn the appointment and shall determine, together with the Member State, the location of deploymentnature and duration of the deployment before making its proposal, and on the tasks which are not covered by Article 11 paragraph 3, of this Regulation.
Amendment 472 #
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) support the collection of information as provided for by the relevant Union legislation and as required by the Agency for carrying out the vulnerability assessment referred to in Article 12;
Amendment 476 #
Proposal for a regulation
Article 11 – paragraph 3 – point e
Article 11 – paragraph 3 – point e
(e) report regularly to the Executive Director on the situation at the external border and the capacity of the Member State concerned to deal effectively with the situation at the external borders; and on the execution of return operations towards relevant third countries and if such report raises concerns about any of these aspects relevant for the Member State concerned, the Member State shall be informed without delay by the Executive Director.
Amendment 480 #
Proposal for a regulation
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. For the purposes of paragraph 3, the liaison officer shall, inter alia compliance with national and EU security and data protection rules:
Amendment 484 #
Proposal for a regulation
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) have unlimited access toreceive information from the national coordination centre and the national situational picture established in accordance with Regulation (EU) No 1052/2013;
Amendment 489 #
Proposal for a regulation
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
Amendment 491 #
Proposal for a regulation
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
(c) keep regular contacts with national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, whilst informing the head of the national coordination centrea point of contact designated by the Member State concerned.
Amendment 493 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The final report of the liaison officer shall form part ofbe taken into consideration when drafting the vulnerability assessment referred to in Article 12. The report shall then be communicated to the Member State concerned
Amendment 500 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess the technical equipment, systems, capabilities, resources, preparedness and contingency plans of the Member States regarding border control. That assessment shall use objective criteria defined by the Management Board and shall be based on information provided by the Member State and by the liaison officer, on information derived from EurosurUROSUR, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 507 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the Agency, provide information as regards technical equipment, staff and to the extent possible financial resources available at national level to carry out border control and they shall submitprovide information on their contingency plans. on border management
Amendment 528 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Executive Director shall adopt a decisin consultation with the Member State concerned, make a recommendation setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of tthe time-limit within which such measures shall be implemented. The Executive Director shall be binding oninvite the Member State and shall lay down the time-limit within which the measures are to be takens concerned to take the necessary measures.
Amendment 544 #
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. The results of the vulnerability assessments shall be transmitted to the European Parliament and to the Council. Subject to a request by a Member State given the sensitivity of the information contained, such documents may be subject to the provisions of Annex VII of the Rules of Procedure of the European Parliament based on Article 4 of European Parliament and Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.
Amendment 577 #
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,coast guard functions and prevention of cross border crime, including the fight against migrant smuggling or trafficking in human beings, drug trafficking control operations, and migration management including identification, registration, debriefing and return.
Amendment 587 #
Proposal for a regulation
Article 15 – paragraph 3 – point j
Article 15 – paragraph 3 – point j
(j) rRegarding 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. In that regard the operational plan shall be established in accordance with 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 606 #
Proposal for a regulation
Article 16 – paragraph 11
Article 16 – paragraph 11
11. Deployment of the rapid reserve pool shall take place no later than threfive working days after the date on which the operational plan is agreed between the Executive Director and the host Member State. Additional deployment of European Border and Coast Guard Teams, shall take place where necessary, within fiseven working days of the deployment of the rapid reserve pool.
Amendment 647 #
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(68) or in the event of a specific and disproportionate migratory pressure at the external border, where a Member State has not requested the Agency for sufficient support by means of actions mentioned in Article 14, 16 or 17 or is not taking the necessary actions for the implementation of these measures, thus, 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 Commissiuncil based on, after consulting the Agency, may adopt proposal by the Commission, may adopt without delay a decision by means of an implementing act, identifying the measures that should mitigate these risks 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)e Commission shall consult the Agency before making its proposal.
Amendment 661 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. For the purposes of paragraph 1To mitigate the risk of putting jeopardy the Schengen area, the Commdecission referred to in Article 18 Paragraph 1 shall provide for one or more of the following measures to be taken by the Agency:
Amendment 673 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. In parallel and within the same two working days, the Executive Director shall submit a draft operational plan to the Member State concerned. The Executive Director and the Member State concerned shall drawagree upon the operational plan within twofour working days from the date of its submission of the draft.
Amendment 677 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The Agency shall, without delay and in any case within threfive working days from establishment of the operational plan, deploy the necessary technical equipment and staff from the rapid reserve pool referred to in Article 19(5) for the practical execution of the measures set out in the Commissionuncil decision. Additional technical equipment and European Border and Coast Guard Teams shall be deployed as necessary at a second stage and in any case within fiseven working days from the deployment of the rapid reserve pool.
Amendment 691 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed from each Member State within threfive working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly basis, make available to the Agency a number of border guards commensurate to at least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, andor other relevant staff which shall amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board.
Amendment 713 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Executive Director may withdraw after informing the Member State concerned, the financing of a joint operation or a, rapid border intervention or deployment of migration management support team or suspend or terminate it if the operational plan is not respected by the host Member State.
Amendment 715 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director shall after informing the Member State concerned, withdraw the financing of a joint operation or a, rapid border intervention or deployment of migration management support teams, or suspend or terminate, in whole or in part, a joint operation or, rapid border intervention or deployment of migration management support teams 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. The Executive Director shall inform the Management Board of such a decision
Amendment 773 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Management Board, on a proposal of the Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and theoverall numbers. Member States shall contribute, where possible, to the pool by nominating the forced return monitors corresponding to the defined profile.
Amendment 774 #
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
Amendment 780 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Management Board on a proposal of the Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and theoverall numbers. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile.
Amendment 781 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. The contribution of Member States as regards their forced return escorts to specific return operations and interventions or 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 forced return escorts available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such a request shall be made at least 21 working days before the intended deployment, or five working days in case of a Rapid Return Intervention.
Amendment 785 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Management Board on a proposal of the Executive Director shall determine the profile and the number of the forced return escorreturn specialists to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and theoverall numbers. Member States shall contribute to the pool by nominating the specialists corresponding to the defined profile.
Amendment 786 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The contribution of Member States as regards their return specialists to specific return operations and interventions 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 return specialists available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such a request shall be made at least 21 working days before the intended deployment, or five working days in case of a Rapid Return Intervention
Amendment 868 #
Proposal for a regulation
Article 38 – paragraph 10
Article 38 – paragraph 10
10. The Agency shall finance at 100% the deployment of the technical equipment which forms part of the minimum number of technical equipment provided by a given Member State for a given year. The deployment of technical equipment which does not form part of the minimum number of technical equipment shall be co- financed by the Agency up to a maximum of 75100% of the eligible expenses, taking into account the particular circumstances of the Member States deploying such technical equipment.
Amendment 879 #
Proposal for a regulation
Article 39 – paragraph 8 – subparagraph 1
Article 39 – paragraph 8 – subparagraph 1
For the purpose of this Regulation, the host Member State shall authorise members of the teams to consult its national and European databases the consultation ofand it may authorise them to consults its national database which isare necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. The members of the teams shall consult only those data which are required for performing their tasks and exercising their powers. The host Member State shall, in advance of the deployment of the members of the teams, inform the Agency of the national and European databases which may be consulted. The Agency shall make this information available to all Member States participating in the deployment.
Amendment 937 #
Proposal for a regulation
Article 52 – paragraph 1 – point d
Article 52 – paragraph 1 – point d
(d) capacity sharing, including theby planning and implementation of multipurpose operations and the sharing of assets and other capabilities across sectors and borders., to the extent that they are coordinate by the agencies and with the agreement of the Member States concerned
Amendment 942 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Commission may adopt, in the form of a recommendationshall, in close cooperation with the Member States, the Agency and the European Maritime Safety Agency and the European Fisheries Control Agency, make available, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and cooperation at national, Union and international level. The Commission shall adopt the handbook in the form of a recommendation.
Amendment 962 #
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. The Agency shall have the possibility of carrying out joint operactions 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 participation of Member States in joint operations on the territory of third countries, shall be on a voluntary basis. The Commission shall be informed of such activities.
Amendment 1002 #
Proposal for a regulation
Article 60 – paragraph 1 – point c
Article 60 – paragraph 1 – point c
Amendment 1019 #
Proposal for a regulation
Article 61 – paragraph 6
Article 61 – paragraph 6
6. The Management Board may establish a small-sized Executive Board composed of the Chairperson of the Management Board, one representative of the Commission and three members of the Management Board, to assist it and the Executive Director with regard to the preparation of the decisions, programmes and activities to be adopted by the Management Board and when necessary, because of urgency, to take certain provisional decisions on behalf of the Management Board., excluding decisions on which a reinforced majority is needed in the Management Board