Activities of Sofia SAKORAFA related to 2015/0310(COD)
Plenary speeches (1)
European Border and Coast Guard (debate) EL
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC
Amendments (110)
Amendment 71 #
Proposal for a regulation
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The Committee on Foreign Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to propose rejection of this Commission proposal.
Amendment 93 #
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for human dignity, the right to life, the right to liberty and security, the right to the protection of personal data, the right to access to asylum, the right to effective remedy, the rights of the child, the prohibition of torture and of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, and to promote the application of the principles of non-discrimination and non- refoulement. Therefore, those principles should be at the core of any decision and action taken by the Agency and/or its staff, including when planning and implementing operations.
Amendment 94 #
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation establishes an independent complaint mechanism for the European Border and Coast Guard Agency, in cooperation with the Fundamental Rights Officer, to monitor and ensure the respect for fundamental rights in all the activities of the Agency and its staff. This should be an administrativefull, independent, effective and accessible individual mechanism whereby the Agency's Fundamental Rights Officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The Fundamental Rights Officerparticipates. The Independent Complaint Mechanism should review the admissibility of a complaint, register and deal accordingly with all admissible complaints, forward all registered complaints to the Agency's Executive Director, forward complaints concerning border and coast guards to the home Member State and register the follow-up by the Agency or that Member State. Criminal investigations should be conducted by the Member States.
Amendment 98 #
Proposal for a regulation
Recital 33
Recital 33
(33) The Commission and, the Member States and the European Parliament should be represented within a Management Board to exercise policy and political oversight over the European Border and Coast Guard Agency. The Board should, where possible, consist of the operational heads of the national services responsible for border guard management or their representatives. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision making by the European Border and Coast Guard Agency and appoint the Executive Director and the Deputy Executive Director. The Agency should be governed and operated in line with the principles of the common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the European Commission.
Amendment 99 #
Proposal for a regulation
Recital 39
Recital 39
(39) Since the objectives of this Regulation, namely the development and implementation of a system of integrated management of the external borders in respect of fundamental rights, thus also ensuring the proper functioning of the Schengen area, canmay not be sufficiently achieved by the Member States acting in an uncoordinated manner but canmay rather, because of the absence of controls at internal borders and in view of the significant migratory pressures at the external borders and the need to safeguard a high level of internal security within the Union, be better achieved at Union level, the Union may adopt measures,, be better achieved at Union level cooperation, the Union and the Member States may adopt measures, in accordance with Article 2 of the Treaty of the European Union as well as in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 100 #
Proposal for a regulation
Chapter 1 – title
Chapter 1 – title
EUROPEAN BORDER AND COAST GUARDGENCY
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast GuardAgency is hereby set up to ensure a European integrated border management at the EU external borders with a view to managing migration needs effectively and ensuring a high to protecting and saving the leivels of internal security within the Union, while safeguarding themigrants and refugees at risk always in full compliance with fundamental rights and the principle of non-refoulement and without prejudice of the right of free movement of persons thereiwithin the European Union.
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘European Border and Coast Guard Teams’ mean teams of border guards and other relevant non military staff from participating Member States, including national experts that are seconded by Member States to the Agency, to be deployed during joint operations, rapid border interventions as well as in the framework of migration management support teams;
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘home Member State’ means the Member State of which a member of the European Border and Coast Guard Teams is a border guard or other non military relevant staff member;
Amendment 110 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘members of the European Border and Coast Guard Teams’ mean the officers of border guard services or other non military relevant staff of Member States other than the host Member State, including national experts and border guards from Member States seconded to the Agency, who are participating in joint operations or rapid border interventions;
Amendment 111 #
Proposal for a regulation
Article 3 – title
Article 3 – title
European Border and Coast GuardAgency
Amendment 114 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The European Border and Coast Guard Agency and the national authorities of Member States which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall constitute the European Border and Coast Guard.
Amendment 116 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard AgencyAgency, by decision of the Management Board shall establish an annual operational and technical strategy for the European integrated border management in full compliance with fundamental rights, 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 ensure the implementation of European integrated border management in all Member States.
Amendment 118 #
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, where appropriate;
Amendment 121 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) the rescue of persons in distress at sea;
Amendment 123 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have bee excluding cooperation with non identified through risk analysis as being countries of origin and transit for irregular immigration;mocratic countries
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) technical and operational measures within the area of free movement which are related to border control and designed to prevent irregular immigration and to counter cross-border crime;
Amendment 127 #
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) return of third-country nationals illegally staying on the territory of the Member States if necessary and only after their request;
Amendment 132 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitatesupport the application of Union measures relating to the management of EU external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency.
Amendment 135 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 139 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
EUROPEAN BORDER AND COAST GUARD AGENCY
Amendment 140 #
Proposal for a regulation
Chapter 2 – section 1 – title
Chapter 2 – section 1 – title
Tasks of the European Border and Coast Guard Agency
Amendment 141 #
Proposal for a regulation
Article 6 – title
Article 6 – title
European Border and Coast Guard Agency
Amendment 143 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The European Border and Coast Guard Agency (‘'the Agency’') shall be the new name for the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union established by Council Regulation (EC) No 2007/2004. The activities shall henceforth be based on this Regulation.
Amendment 144 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In view of contributing to an efficient, high and uniform level of border control and return, the Agency shall perform the following tasks:
Amendment 150 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(c a) assist Member States in protecting and saving the lives of people in distress at sea in accordance with Regulation (EU) No 656/2014;
Amendment 152 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) set up a technical equipment pool to be deployed in joint operations, rapid border interventions and in the framework of migration management support teams, as well as in return operations and return interventions;
Amendment 163 #
Proposal for a regulation
Article 7 – paragraph 1 – point r a (new)
Article 7 – paragraph 1 – point r a (new)
(r a) Adopt and promote the highest standards for border management practices, allowing for transparency and public scrutiny and ensuring respect, protection and promotion of fundamental rights and rule of law.
Amendment 164 #
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 EU 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 169 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Agency and the national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall be subject to a duty to cooperate in good faith, and an obligation to exchange information.
Amendment 171 #
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 capacitymake intelligence- driven use if available Union resources to monitor migratory flows towards and within the Union. For this purpose, the Agency shall, by a decision of the Management Board develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 174 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Agency shall prepare general and tailored risk analyses and submit it to the European Parliament, the Council and the Commission. The Agency shall make public its methodology and criteria for the risk analysis.
Amendment 179 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall take results of the risk analysis into account when planning their operations and activities at the EU external borders as well as their activities with regard to return.
Amendment 182 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall ensure regular monitoring of the management of the EU external borders through liaison officers of the Agency in Member States.
Amendment 185 #
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 risk analysis and ion consultation with the Management Board, determina proposal of the Executive Director, decide the nature of the deployment, the Member State to which a liaison officer may be deployed and the duration of the deployment. The Executive Director shall notifyconsult the Member State concerned ofn the appointment and shall determine, together with the Member Stnature and duration of the deployment before making proposal and on the tasks which are not covered by paragraph 3. The experts should be non-military personnel and with adequate, the location of deploymentraining, including on how to implement respect of fundamental rights on all policies and actions.
Amendment 186 #
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
(d) assist, if requested by the Member States in preparing their contingency plans;
Amendment 188 #
Proposal for a regulation
Article 11 – paragraph 3 – point e
Article 11 – paragraph 3 – point e
(e) report regularly to the Executive Director onand the Management Board on their estimations of the situation at the EU external border and of the capacity of the Member State concerned to deal effectively with the situation at the externalwithout prejudice to the Member State's sovereignty on its borders;
Amendment 190 #
Proposal for a regulation
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) have unlimited access to the national coordination centre and the national situational picture established in accordance with Regulation (EU) No 1052/2013;
Amendment 191 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control, and full respect for fundamental rights. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, 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 194 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment shall be submitted to the Supervisory Board, which shall advise tMember States concerned. The Member State concerned may comment on the assessment. The Executive Director onshall base the measures to be taken byrecommended to the the Member States basconcerned on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis, the comments of the Member concerned and the results of the Schengen evaluation mechanism.
Amendment 197 #
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 instruthe timelimit within such measures shall be implementsed. The decision of the Executive Director shall be binding oninvite the Member State and shall lay down the time-limit within which the measures are to be taken.s concerned to take the necessary measures;
Amendment 200 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does notis unable to adopt the necessary corrective measuresmeasures of the recommendation 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 decEuropean Parliamen, the Council and the Commission setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such meas. Further action may be taken in accordance with Article 18. The procedures shall be taken. If the Member State does not take the measures within the time-limit foreseen in that decision, further action may be taken by the Commission in accordance with Article 18include an assessment of the impacts of such measures and/or actions regarding fundamental rights, and ensure compliance with obligations according to international law.
Amendment 202 #
Proposal for a regulation
Chapter 2 – section 3 – title
Chapter 2 – section 3 – title
EU External Border Management
Amendment 204 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may request the Agency for assistance in implementing their obligations with regard to the control of their EU external borders. The Agency shall also carry out measures as referred to in Article 18.
Amendment 207 #
Proposal for a regulation
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) organise rapid EU external border interventions and deploy European Border and Coast GuardAgency Teams from the rapid reserve pool, and additional European Border and Coast Guards Teams as appropriate;
Amendment 208 #
Proposal for a regulation
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the EU external borders, including joint non military operations with neighbouring third countries, as long as all concerned Member States authorize it;
Amendment 210 #
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) following specific request of the concerned Member State and under its supervision, deploy European Border and Coast Guard Teams in the framework of the migration management support teams at hotspot areas;
Amendment 212 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Initiating joint operations and rapid border interventions at the EU external borders
Amendment 213 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States may request the Agency to launch joint operations to face upcoming challenges, including present or future threats at the external borders resulting from irregular immigration or cross-border crime, or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the EU external borders.
Amendment 215 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. At the request of a Member State faced with a situation of specific and disproportionate pressuressituation, especially the arrival at points of the EU external borders of large numbers of third-country nationals trying to enter the territory of that Member State illegally, the Agency may deploy a rapid border intervention for a limitedseeking international protection, the Agency may deploy personnel and provide assistance for a specific period of time on the territory of that host Member State for purposes that the latter designates.
Amendment 218 #
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, the fight against migrant smuggling or trafficking in human beings, drug trafficking control operations, and migration management including identification, registration, debriefing and return without prejudice of the sovereignty of the concerned member State and following decisions for return based on the full implementation of its national and the European law.
Amendment 219 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Executive Director shall draw up an operational plan for joint operations at the external borders in full compliance with the provisions as set out in Article 2 of the Treaty of the European Union, in the 1951 Geneva Convention and its protocols and with full respect of international law. The Executive Director and the host Member State, in consultation with the participating Member States, shall agree on the operational plan detailing the organisational aspects of the joint operation.
Amendment 220 #
Proposal for a regulation
Article 15 – paragraph 3 – point f
Article 15 – paragraph 3 – point f
(f) command and control provisions, including the names and ranks of the border guards of the host Member State responsible for cooperating with the members of the teams and the Agency, in particular the names and ranks of those border and coast guards who are in command during the period of deployment, and the place of the members of the teams in the chain of command;
Amendment 222 #
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, 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 and always in respect and compliance with the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea (SOLAS) and the guidelines issued by the International Maritime Organisation and the UN Refugee Agency (UNHCR) on the treatment of people rescued at sea (Resolution MSC.167(78) of the International Maritime Organisation and 'Rescue at Sea: A guide to principles and practice as applied to migrants and refugees. __________________ 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 224 #
Proposal for a regulation
Article 15 – paragraph 3 – point m
Article 15 – paragraph 3 – point m
(m) procedures setting out an independent mechanism to receive and transmit to the Agency a complaintdeal with a complaint, informing the Agency and the Member States concerned, against border or coast guards of the host Member State and members of the European Border and Coast Guard Teams alleging breaches of fundamental rights in the context of the joint operation or, rapid border intervention or any other activity.
Amendment 225 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A request by a Member State to launch a rapid border intervention shall include a description of the situation, possible aims and envisaged needs, envisaged needs and full justification of their compliance with national, european and international law in regards of respect of fundamental rights and the relevant obligations of the Member State and the Union. If required, the Executive Director may immediately send experts from the Agency to assess the situation at the EU external borders of the Member State concerned.
Amendment 226 #
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 three 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 five working days of the deployment of the rapid reserve pool, again after approval of the host Member State.
Amendment 227 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Member State faces disproportionate migratory pressurand asylum responsibilities at particular hotspot areas of its EU external border characterised by large influxes of mixed migratory flows, that Member State may request the operational and technical reinforcement by migration management support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the Agency and other relevant Union Agencies in particular the European Asylum Support Office and the Europolean Union Agency for Fundamental Rights.
Amendment 228 #
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. The operational and technical reinforcement provided by the European Border and Coast Guard Teams, the European Return Intervention Teams in close and constant cooperation with the European Asylum Support Office and the national competent Authorities of the concerned Member State and experts from the Agency’'s staff in the framework of the migration management support teams, may include:
Amendment 236 #
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 ofion and asylum challenges at the EU external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, after consulting the Agency,, the Council may adopt a drecision 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).ommendation with the measures to be implemented by the member State with the assistance of the Agency.The recommendation shall include an assessment of the impacts of such measures on fundamental rights, and ensure compliance with international legal obligations
Amendment 237 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Amendment 238 #
Proposal for a regulation
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
Amendment 244 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Members of the teams shall at all times, 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 actions and 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 sexgender, racial or ethnic origin, religion or belief, disability, age or, gender and sexual orientation or nationality.
Amendment 267 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Agency shall, in cooperation with the appropriate training entities of the Member States, the European Asylum Support Office and the European Union Agency for Fundamental Rights, develop specific training tools and provide border and coast guards and other relevant staff who are members of the European Border and Coast Guard Teams with advanced training relevant to their tasks and powers. Experts from the staff of the Agency and on the preconditions for action in full respect of fundamental rights. Experts from the staff of the Agency, of the European Asylum Support Office and the European Union Agency for Fundamental Rights shall conduct regular exercises with those border and coast guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 269 #
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The Agency may organise training activities in cooperation with Member States and third countries on their territory.
Amendment 270 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Agency shall proactively monitor and contribute to research and innovation activities relevant for the control ofto the EU external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems, and for return. The Agency shall disseminate the results of that research to the Commission and the Member States. It may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventions.
Amendment 272 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The Agency shall assist the Member States and the Commission in identifying key research themes. The Agency shall assist the Commission in the definition and accomplishment of the relevant Union framework programmes for research and innovation activities.
Amendment 273 #
Proposal for a regulation
Article 36 – paragraph 3 – introductory part
Article 36 – paragraph 3 – introductory part
3. The Agency shall, within the Framework Programme for Research and Innovation, in particular the Specific Programme Implementing Horizon 2020 implementmonitor the parts of the Framework Programme for Research and Innovation which relate to border securitythe EU external borders. For that purpose, the Agency shall havemonitor the following tasks:
Amendment 274 #
Proposal for a regulation
Article 36 – paragraph 3 – point a
Article 36 – paragraph 3 – point a
(a) the managing some stages of programme implementation and some phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered the Agency to do so in the instrument of delegation;
Amendment 275 #
Proposal for a regulation
Article 36 – paragraph 3 – point b
Article 36 – paragraph 3 – point b
Amendment 276 #
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
Amendment 277 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The Agency may planrovide support in planning and implementing pilot projects regarding matters covered by this Regulation.
Amendment 287 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where members of the teams are operating in a host Member State, that Member Statee Agency shall be liable in accordance with its national lawthe general principles common to the laws of the Member States, for any damage caused by them during their operations.
Amendment 288 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where such damage is caused by gross negligence or willful misconduct, the host Member State may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the homAgency shall make good any damage caused in accordance with the general principles common to the laws of the Member States.
Amendment 289 #
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Any dispute between Member States relating to the application of paragraphs 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 TFEU.
Amendment 290 #
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. The Court of Justice of the European Union shall have jurisdiction in disputes relating to compensation for the damage referred to in paragraph 1 and 2.
Amendment 292 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Without prejudice to Article 47, the transfer of personal data processed by the Agency and the onward transfer by Member States to authorities of third countries or international organisations or third parties of personal data processed in the framework of this Regulation shall be prohibited.
Amendment 293 #
Proposal for a regulation
Article 44 – paragraph 4 – subparagraph 1 a (new)
Article 44 – paragraph 4 – subparagraph 1 a (new)
Where, exceptionally, transfer of personal data to third countries or international organisations, by the Agency or the Member States, is explicitly foreseen in very specific circumstances, it will require an assessment adequacy and the use of specific safeguards in accordance with Article 9 of Regulation (EC) 45/2001 and Articles 25 and 26 of Directive 95/46/EC.
Amendment 294 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. In performing its tasks of organin assisting and coordinating the return operations and conducting return intervenin return operations, the Agency may processreceive personal data of returnees which use should be without prejudice to Article 44 (4).
Amendment 295 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 296 #
Proposal for a regulation
Article 51 – title
Article 51 – title
Cooperation with Union institutions, agencies, bodies, and offices and international organisations
Amendment 298 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Agency shall cooperate with the Commission, 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 immensuring the fulfilment of human rights, migration and asylum obligrations and cross-border crime including the facilitation of irregular immigration, trafficking in human being and terrorismommitments under international law and always in compliance with Article 2 of the Treaty of the European Union.
Amendment 299 #
Proposal for a regulation
Article 51 a (new)
Article 51 a (new)
Article 51 a Cooperation with international organisations 1. The Agency may cooperate with non military international organisations competent in matters covered by this Regulation. 2. All exchange of information with international organisations should be without prejudice to Article 44 (4) and all actors should comply with existing EU legislation, including on data protection and fundamental rights. As regards the handling of classified information, international organisations shall comply with security rules and standards equivalent to those applied by the Agency and the Member States. 3. The Agency may also, with the agreement of the Member States concerned, invite observers of international non military organisations to participate in its activities in particular, joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the rule of law, the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As regards joint operations and pilot projects the participation of observers is subject to agreement of the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers may receive the appropriate training from the Agency prior to their participation.
Amendment 300 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
Amendment 301 #
Proposal for a regulation
Article 51 – paragraph 4
Article 51 – paragraph 4
4. The Union institutions, agencies, bodies, and offices and international organisations referred to in paragraph 1, shall use information received by the Agency only within the limits of their competences and in compliance with fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to other Union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, agency or international organisation or agency concerned shall comply with security rules and standards equivalent to those applied by the Agency.
Amendment 302 #
Proposal for a regulation
Article 51 – paragraph 5
Article 51 – paragraph 5
5. The Agency may also, with the agreement of the Member States concerned, invite observers of Union institutions, agencies, bodies, or offices or international organisations to participate in its activities in particular, joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As regards joint operations and pilot projects the participation of observers is subject to agreement of the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation.
Amendment 303 #
Proposal for a regulation
Article 52 – paragraph 1 – introductory part
Article 52 – paragraph 1 – introductory part
1. The Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and where appropriate, at international level by:
Amendment 304 #
Proposal for a regulation
Article 52 – paragraph 1 – point c
Article 52 – paragraph 1 – point c
(c) capacity building by elaborating guidelines, recommendations and best practices as well as by supporting the training and exchange of staff, with a view to enhancing the exchange of information and cooperation on coast guard functions;, the search and rescue operational capability and the compliance with human rights, migration and asylum obligations and commitments.
Amendment 306 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The modalities, conditions and limits of the cooperation on coast guard functions of the European Border and Coast Guard Agency with the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with the fby the Commission and submitted to the Council and the European Parliament for approval. Financial rules applicable to the Agencies shall apply.
Amendment 307 #
Proposal for a regulation
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
3 a. The Agency shall be assisted by a Coast Guard Functions Office in the management of interagency cooperation as well as in its cooperation with those national authorities of Member States which are responsible for external maritime border management.
Amendment 308 #
Proposal for a regulation
Article 52 – paragraph 3 b (new)
Article 52 – paragraph 3 b (new)
3 b. The Coast Guard Functions Office shall be responsible for carrying out its mandate, in full respect of the fundamental rights legislation and general principles of Union law as well as international law.
Amendment 309 #
Proposal for a regulation
Article 52 – paragraph 3 c (new)
Article 52 – paragraph 3 c (new)
3 c. The Coast Guard Functions Office shall, in particular be responsible for assisting the Agency in the execution of its tasks involving national authorities of Member States carrying out coast guard functions, to the extent that they carry out search and rescue tasks.
Amendment 312 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and democratic third countries, within the framework of the external relations policy of the Union, includingalways with regard to migration and asylum obligations and commitments and under the condition of the protection of fundamental rights. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards.
Amendment 314 #
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 EU external borders, in the spirit of search and rescue operations where necessary, and it shallmay have the possibility of carrying out joint operations at the EU 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, includingoperational plan agreed by the host Member State bordering the operational area. The participation of Member States in joint operations on the territory of that third country. The Commissionies, shall be on voluntary basis. The Commission and the European Parliament shall be informed of such activities.
Amendment 323 #
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
4. The Agency shall cooperate with the competent authorities of third countries on return, including on the acquisition of travel documentssearch and rescue operations, subject the agreement of the concerned third country and under the provisions of the UNCLOS and the guidelines issued by the International Maritime Organisation and the UN Refugee Agency (UNHCR) on the treatment of people rescued at sea .
Amendment 324 #
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. The Agency may also, with the agreement of the Member States concerned invite non military observers from democratic third countries to participate in its activities at the external borders referred to in Article 13, return operations referred to in Article 27, return interventions referred to in Article 32 and training referred to in Article 35, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 13, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32and the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation.
Amendment 327 #
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 328 #
Proposal for a regulation
Article 53 – paragraph 7
Article 53 – paragraph 7
7. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the external relations policy of the Union. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulatto its competences. The Agency shall be subject to the same provisions on financial rules, economic transparency and scrutiny, including by the European Parliament, as all other Agencies and bodies of the Union.
Amendment 329 #
Proposal for a regulation
Article 53 – paragraph 8
Article 53 – paragraph 8
Amendment 336 #
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
9. The Agency shall inform the European Parliament of the activities referred to in paragraphs 2 and 3bove mentioned activities.
Amendment 337 #
Proposal for a regulation
Article 54
Article 54
Amendment 341 #
Proposal for a regulation
Article 61 – paragraph 1 – point a
Article 61 – paragraph 1 – point a
(a) appoint the Executive Director on a proposal from the Commission in accordance with Article 68 and after approval of the European Parliament;
Amendment 342 #
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, the representative of the European Parliament 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 takpropose certain provisional decisions on behalf ofManagement Board has to take, excluding decisions on which a reinforced majority is needed in the Management Board.
Amendment 344 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Without prejudice to paragraph 3, the Management Board shall be composed of one representative of each Member State and, two representatives of the Commission and two of the European Parliament, all with voting rights. To this effect, each Member State shall appoint a member of the Management Board as well as an alternate who will represent the member in his or her absence. The Commission shall appoint two members and their alternates. The European Parliament shall elect two of its Members, at least one being a Member of its Civil Liberties, Justice and Home Affairs Committee. The duration of the terms of office shall be four years. The terms of office shall be extendable.
Amendment 348 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, after approval by the European Parliament, on the grounds of merit and documented high- level administrative and management skills, as well as senior professional experience in the field of management of the external borders and return. The Management Board shall take its decision by a two- thirds majority of all members with a right to vote.
Amendment 353 #
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be fully 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 the European Parliament 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 356 #
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, 18, 27 and 32(4), ), on the operations of the Agency in the context of Migration Management Support Teams, on vulnerability assessments, Codes of Conduct and training curricula and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency.
Amendment 357 #
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 full, independent, effective and accessible individual complaint mechanism in accordance with this Article to monitor and ensure thefull respect for, protection and fulfillment of fundamental rights in all the activities of the Agency.
Amendment 358 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Any person who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support teams, return operation or return intervention, and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any third parties intervening on behalf of such a person, may submit a complaint, in writing, to the Agency.
Amendment 362 #
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7 a. A report on received complaints, the types of fundamental rights violations, the activities of the Agency concerned, the Member State or third country concerned and the follow-up shall be included into the annual activity report of the Agency.