26 Amendments of Carlos COELHO related to 2015/0310(COD)
Amendment 199 #
Proposal for a regulation
Recital 23
Recital 23
(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegally staying on the territory of Member States for officers of the competent national bodies. While developing training tools and providing trainings, special attention should be given to training on children’s rights. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.
Amendment 359 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involve humanitarian emergencies and rescueincluding search and rescue operations at sea;
Amendment 373 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, taking into account that some situations may involve humanitarian emergencies and rescueincluding search and rescue operations at sea;
Amendment 437 #
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 Council and, the Commission and the European Parliament.
Amendment 444 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, within its mandate, in particular border control, return, asylum, irregular secondary movements of third- country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union.
Amendment 467 #
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 Director shall, based on risk analysis and in consultation with the Management Board, determincide the nature of the deployment, the Member State to which athe liaison officer maywill be deployed and the duration of the deployment. The Executive Director shall notify the Member State concerned of the appointment and shall determine, together with the Member State, the location of deployment.
Amendment 469 #
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. The liaison officers shall act on behalf of the Agency and their role shall be to foster cooperation and dialogue between 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. The liaison officers shall, in particular:
Amendment 471 #
Proposal for a regulation
Article 11 – paragraph 3 – point a a (new)
Article 11 – paragraph 3 – point a a (new)
(aa) support the collection of information required by the Agency for the monitoring of irregular migration and risk analysis referred in Article 10;
Amendment 481 #
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:
Amendment 486 #
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 andaccess to the national situational picture established in accordance with Regulation (EU) No 1052/2013;
Amendment 488 #
Proposal for a regulation
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
Amendment 502 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. TAs a preventive measure, the Agency shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control. That assessment shall use objective criteria defined by the Management Board and 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 515 #
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 preventively the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, 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). That assessmentIn case of possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, that assessment shall take into account and is without prejudice to the Schengen evaluation mechanism.
Amendment 526 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 531 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Executive Director shall, on the basis of the vulnerability assessment, the Schengen evaluation mechanism, in particular any recommendations adopted, and the Agency's risk analysis, adopt a decision 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 the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be taken.
Amendment 609 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Executive Director, in coordination with other relevant Union Agencies, shall assess the request for assistance of a Member State and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned. Teams shall include child protection experts when children are involved.
Amendment 624 #
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) the provision of information to persons in clear need of international protection or to applicants or potential applicants for relocation, giving particular attention to children;
Amendment 646 #
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 Commission, after consulting the Agency, may adopt a decision by means of an implementing act, the Commission, after consulting the Agency, and taking into account the Schengen Evaluation Mechanism, may present to the Council a proposal for a decision, 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)Such decision shall be adopted by the Council by qualified majority, immediately following the receipt of the Commission proposal.
Amendment 653 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 a (new)
Article 18 – paragraph 1 – subparagraph 1 a (new)
The European Parliament shall be kept informed without delay, in particular it shall be transmitted the proposal of the Commission and Decision of the Council referred in paragraph 1.
Amendment 683 #
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. If the Member State concerned does not comply with the Council decision and does not sufficiently cooperate with the Agency, temporary reintroduction of border control at internal borders can be put in place if the overall functioning of the area without internal border control is at risk.
Amendment 685 #
Proposal for a regulation
Article 18 – paragraph 7 b (new)
Article 18 – paragraph 7 b (new)
7b. Paragraph 7a shall be triggered following articles 26, 26.-A and 27 of Regulation 562/2006 of the European Parliament and the Council.
Amendment 806 #
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 United Nations Convention on the Rights of the Child, 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, with particular attention to children's rights so as to ensure that the best interests of the child is respected in all operations.
Amendment 818 #
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, in particular unaccompanied minors and children with disabilities, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 827 #
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. 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 children, 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 832 #
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, develop specific training tools, including child specific measures when children are involved, and provide border 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 shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 1151 #
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 languages, and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Special information tailored to children shall be provided in a clear and child-friendly way to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.