BETA

22 Amendments of Jean-Paul GARRAUD related to 2023/2729(RSP)

Amendment 26 #

Paragraph 1
1. Highlights the need for a strong, effective and well-functioning European Border and Coast Guard Agency that is able to assist Member States in managing the common external borders of the European Union and in ensuring integrated border management in full compliance with fundamental rights;
2023/09/06
Committee: LIBE
Amendment 30 #

Paragraph 2
2. Underlines that the Agency’s budget grew exponentially from around EUR 114 million in 2015 to around EUR 750 million in 2022; adds, moreover, that the revised mandates of the Agency in 2016 and 2019 corresponded to major increases in the Agency’s responsibilities and competences, including in terms of staff and technical equipment; stresses that suchthese increases in responsibility and budget for the Agency need to bare accompanied by a corresponding increase ind accountability and transparency and increased scrutiny of the Agency’s respect for Union lawtowards the Council and Parliament;
2023/09/06
Committee: LIBE
Amendment 34 #

Paragraph 3
3. Notes that over the course of the last two years the Agency has seen significant managerial changes, including a new fundamental rights officer (FRO), a new chair of its Management Board, three new deputy executive directors and a new executive director; expects that the change in management will bring about the necessary change in culture with regard to respect for the Union’s principles and values, most notably fundamental rights, and with regard to transparency and efficiency in internal procedures and to increased accountability towards Parliament and the Council in accordance with the applicable legal framework; welcomes the measures already implemented to improve the management culture and to strengthen integrity and accountability within the Agency; calls on the new leadership to undertake the deep reforms that are needed and calls on the Management Board to evaluate how it can step up its involvement and scrutiny of the way in which the Agency is runcalls on the new leadership to undertake the necessary reforms;
2023/09/06
Committee: LIBE
Amendment 38 #

Paragraph 3 a (new)
3a. Stresses that, in response to a written question submitted in May 2022, the European Commission replied1 in January 2023 that none of the administrative inquiries such as those conducted by the Management Board of the European Border and Coast Guard Agency (Frontex) or by the Frontex scrutiny working group had found evidence of the participation of staff members of Frontex in refoulement operations. Is astonished at the European Commission’s failure to extend the presumption of innocence to the management of Frontex; 1 https://www.europarl.europa.eu/doceo/doc ument/E-9-2022-001717-ASW_EN.html
2023/09/06
Committee: LIBE
Amendment 42 #

Paragraph 4
4. ConsiderNotes that the second European Anti-Fraud Office (OLAF) investigation into management practices at the Agency, which is underway only nine months after the first OLAF investigation was closed, demonstrates the need for change in the culture of the Agency;
2023/09/06
Committee: LIBE
Amendment 46 #

Paragraph 5
5. Expresses disappointment that, during the appointment procedure and unknown to Members of Parliament, one of the candidates proposedthe interim Executive Director and proposed candidate for the post of executive director of the Agency was a person of interest in the second ongoing OLAF investigation;
2023/09/06
Committee: LIBE
Amendment 49 #

Paragraph 7 – introductory part
7. Recognises the efforts made by the Agency to implement 36 out of 42 FSWG recommendations and the tangible progress made in this respect; recommends, on the basis of the FSWG recommendations, that the following further specific actions be taken:
2023/09/06
Committee: LIBE
Amendment 50 #

Paragraph 7 – indent 1
– The Agency should ensure that the FRO is consulted earlier on in the process of developing operational plans, is granted sufficient time for giving his or her opinions and is equipped with established methods and channels to escalate if his or her opinion is ignored;deleted
2023/09/06
Committee: LIBE
Amendment 54 #

Paragraph 7 – indent 2
– A transparent reporting mechanism should be integrated into every operational plan in which the host Member State includes assets used in the operational area, regardless of the way these are financed; operational plans should also guarantee that Frontex teams have access to all assets, relevant information and locations within the operational area; acknowledges that the Agency cannot achieve these outcomes alone as they require the consent of the Member States in question;deleted
2023/09/06
Committee: LIBE
Amendment 57 #

Paragraph 7 – indent 3
– Formal guarantees should be established to ensure that rules and safeguards on whistleblower protection are applicable to seconded national experts, trainees, interim staff and local agents;deleted
2023/09/06
Committee: LIBE
Amendment 61 #

Paragraph 7 – indent 4
– The Agency should continue with the full implementation of the outstanding recommendations currently not deemed implemented by the Agency itself;deleted
2023/09/06
Committee: LIBE
Amendment 65 #

Paragraph 11
11. Encourages the chairpersons of the Management Board to continue inviting Parliament observers to its meetings and to consider extending the invitations to all agenda items, including in camera points, and to continue providing all supporting documents without exception and, if deemed necessary, in a confidential manner;deleted
2023/09/06
Committee: LIBE
Amendment 67 #

Paragraph 12
12. Acknowledges that the Agency finally has 46 fundamental rights monitors (FRMs) in place, despite the significant delay in complying with the requirements of the updated mandate; notes that 31 FRMs have been appointed at administrator (AD) level; continues to stress that those FRMs who were hired at the lower assistant (AST) grade should be upgraded to the higher AD level as soon possible through the appropriate procedures; points out that, based on the Agency’s updated mandate, the number of FRMs should continue to grow as the overall size of the standing corps increases; looks forward, in that regard, to receiving details of the Agency’s plans to increase the number of FRMs;
2023/09/06
Committee: LIBE
Amendment 72 #

Paragraph 13
13. Expresses severe concern regarding the serious and persistent allegations made against Greek authorities in relation to pushbacks and violence against migrants; is convinced that respect for the principles and values of the Union must be the condition sine qua non for Frontex to commit to a joint operation with a Member State; is further convinced that, should a Member State be unable to respect those principles and values, then the Agency should scale down and repurpose its operations towards monitoring activities in the light of Article 46 of its mandate, while maintaining its presence on the ground in order not to leave a vacuum; regrets that the Agency has so far refrained from scaling down or repurposing its operations in Greece;deleted
2023/09/06
Committee: LIBE
Amendment 83 #

Paragraph 14
14. WelcomNotes the Agency’s decision to scale down its activities in Lithuania in July 2022 in the light of the judgment of the Court of Justice of the European Union (CJEU) on 30 June 2022 as regards the Lithuanian law and decrees on asylum and migration; noteIs pleased to stress that the Agency still has officers on the ground supporting national authorities with border checks at selected border crossing points and assisting return- related activities in Lithuania; recommends that the Agency take a more proactive approach to protecting the Union’s principles and values rather than await CJEU rulings; __________________ 10 Judgment of the Court of Justice of 30 June 2022, M.A. v Valsybès sienos apsaugos tarnyba, C-72/22PPU, ECLI:EU:C:2022:505.
2023/09/06
Committee: LIBE
Amendment 87 #

Paragraph 15
15. Recalls that, although the Agency withdrew from operations in Hungary in January 2021 following a clear CJEU ruling in December 202011, it continues to support Hungarian authorities in carrying out returns; reiterates the FSWG’s calls on the executive director to immediately suspend support for return-related operations from Hungary; __________________ 11 Judgment of the Court of Justice of 17 December 2020, Commission v Hungary, C-808/18, ECLI:EU:C:2020:1029.Welcomes the fact that the Agency continues to support Hungarian authorities in carrying out returns;
2023/09/06
Committee: LIBE
Amendment 94 #

Paragraph 16
16. Notes the Agency’s mandate to provide better situational awareness in the maritime domain and to transmit that information to the relevant authorities regarding competence for search and rescue operations; reiterates the obligation under the international law of the sea to render assistance to persons found in distress at sea; notes that Regulation (EU) No 656/2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex lays down the rules for the Agency’s involvement in search and rescue operations; underlines that the Agency could do more to increase the capacity of the EU and Member States to carry out search and rescue operations, notably by investing in appropriate assets for such operations;
2023/09/06
Committee: LIBE
Amendment 99 #

Paragraph 17
17. Notes that Parliament has previously taken the view that a permanent, robust and effective Union response in search and rescue operations at sea is crucial to prevent the death toll of migrants attempting to cross the Mediterranean Sea from escalating12; remains convinced that the Agency could have a key role to play in a more proactive response by the EU and Member States to search and rescue, particularly in the Mediterranean Sea, and to the fight against criminal smugglers and human traffickers; __________________ 12 European Parliament resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration, OJ C 58, 15.2.2018.remains convinced that the Agency could have a key role to play in the fight against criminal smugglers and human traffickers;
2023/09/06
Committee: LIBE
Amendment 103 #

Paragraph 18
18. Considers that the absence of an EU-level search and rescue mission has led other civil society and non- governmental organisations to fill the gap in providing search and rescue capacity; is concerned about the increasing number of attempts to criminalise such actions, further limiting the possibilities for those in distress at sea to be rescued;deleted
2023/09/06
Committee: LIBE
Amendment 113 #

Paragraph 19
19. Notes the conclusions of the fundamental rights officer that Libya cannot be considered a port of safety and the conclusion of the UN Independent Fact-Finding Mission to Libya;deleted
2023/09/06
Committee: LIBE
Amendment 118 #

Paragraph 20
20. Urges the Commission to conduct fundamental rights impact assessments prior to concludinge negotiations for a status agreement with a third country in order to be able to fully consider the fundamental rights impact of cooperating with that country; calls on the Agency to share periodical evaluations of joint operations in third countries and constantly assess the impact and scope of active operations, including in respect of fundamental rights;
2023/09/06
Committee: LIBE
Amendment 122 #

Paragraph 24
24. Instructs its President to forward this resolution to the European Border and Coast Guard Agency, the Commissionuncil and the Councilmmission.
2023/09/06
Committee: LIBE