148 Amendments of Nathalie GRIESBECK related to 2018/0330(COD)
Amendment 125 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Border and Coast Guard and repealing Council Joint Action No 98/700/JHA, Regulation (EU) No 1052/2013 of the European Parliament and of the Council and Regulation (EU) No 2016/1624 of the European Parliament and of the Council A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Amendment 142 #
Proposal for a regulation
Recital 5
Recital 5
(5) However, the Union’s framework in the area of control of external borders, returns and asylum, asylum and combating cross- border crime still needs to be further improved. To that end and to further underpin the current and future envisaged operational efforts, the European Border and Coast Guard should be reformed by giving the European Border and Coast Guard Agency a stronger mandate and, in particular, by providing it with the necessary capabilities in the form of a European Border and Coast Guard standing corps of 10 000 operational staff with executive powers to effectively support Member States on the ground in their efforts to protect the external borders, fight secondary movements and significantly step up the effective return of irregular migrants.
Amendment 171 #
Proposal for a regulation
Recital 14
Recital 14
(14) The effective implementation of the European Integrated Border Management by the European Border and Coast Guard should be ensured through a multiannual strategic policy cycle for European Integrated Border Management. The multiannual cycle should set an integrated, unified and continuous process to provide strategic guidelines to all the relevant actors at Union level and in Member States in the area of border management and returns in order for those actors to implement the European Integrated Border Management in a coherent manner and in full compliance with fundamental rights. It shall also address all the relevant interactions of the European Border and Coast Guard with the Commission, other institutions and bodies as well as cooperation with other relevant partners, including third countries and third parties as appropriate.
Amendment 178 #
Proposal for a regulation
Recital 16
Recital 16
(16) The implementation of this Regulation does not affect the division of competence between the Union and the Member States or the obligations of Member States under 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 United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, the United Nations Convention Relating to the Status of Stateless Persons and other relevant international instruments.
Amendment 212 #
Proposal for a regulation
Recital 33
Recital 33
(33) The Agency should prepare general and tailored risk analyses based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The Agency should, based also on information provided by Member States, provide adequate information covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third-country nationals within the Union, prevention of cross- border crime including facilitation of unauthorised border crossings, trafficking in human beings, organised crime, terrorism and threats of a hybrid nature, as well as the situation in relevant third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of the external borders.
Amendment 214 #
Proposal for a regulation
Recital 34
Recital 34
(34) Given its activities at the external borders, the Agency should contribute to preventing and detecting serious crime with a cross-border dimension, such as migrant smuggling, trafficking in human beings and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Cross-border crimes necessarily entail a cross-border dimension. Such a cross- border dimension is characterised by crimes directly linked to unauthorised crossings of the external borders, including trafficking in human beings or smuggling of migrants. That said,In line with Article 1(2) of Council Directive 2002/90/EC19 allows Member States not to impose, the Agency shall remind Member States of potential fundamental rights implications when they consider imposing sanctions where the aim of the behaviour is to provide humanitarian assistance to migrants. _________________ 19 Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17).
Amendment 216 #
Proposal for a regulation
Recital 34
Recital 34
(34) Given its activities at the external borders, the Agency should contribute to preventing and detecting serious crime with a cross-border dimension, such as migrant smuggling, trafficking in human beings, organised crime and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Cross-border crimes necessarily entail a cross-border dimension. Such a cross- border dimension is characterised by crimes directly linked to unauthorised crossings of the external borders, including trafficking in human beings or smuggling of migrants. That said, Article 1(2) of Council Directive 2002/90/EC19 allows Member States not to impose sanctions where the aim of the behaviour is to provide humanitarian assistance to migrants. _________________ 19 Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17).
Amendment 234 #
Proposal for a regulation
Recital 40
Recital 40
(40) The Agency should organise the appropriate technical and operational assistance to Member States in order to reinforce their capacity to implement their obligations with regard to the control of the external borders and to face challenges at the external borders resulting from illegalrregular immigration or cross-border crime. Such assistance should be without prejudice to the relevant national authorities' competence to initiate criminal investigations. In that respect, the Agency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy teams from the European Border and Coast Guard standing corps as well as provide the necessary technical equipment.
Amendment 247 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) The European Border and Coast Guard Agency should be able to provide and guarantee an equal and appropriate level of training to all members of the standing corps, while ensuring that there is a shared European understanding of the Agency’s role and competence, particularly in relation to the implementation of relevant European legislation.
Amendment 250 #
Proposal for a regulation
Recital 44
Recital 44
(44) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In that respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows. That support is possible through the establishment of controlled centres where third-country nationals disembarked in the Union could be rapidly processed to ensure access to protection of those in need, with swift returns for those who are not. Whereas controlled centres are to be established on a voluntary basis, it should be possible for the Union to provide the Member States in question with full financial and operational support through the relevant Union Agencies including the European Border and Coast Guard Agency.
Amendment 256 #
Proposal for a regulation
Recital 45
Recital 45
(45) The European Border and Coast Guard Agency and the [European Union Agency for Asylum] should cooperate closely in order to address effectively the migratory challenges, in particular at the external borders characterised by large inward mixed migratory flows. In particular, both Agencies should coordinate their activities and support Member States to facilitate the procedure for international protection and the return procedure with regard to third country nationals whose application for international protection is rejected and who are not entitled to other grounds to stay under EU and international law. The Agency and [the European Union Agency for Asylum] should also cooperate in other common operational activities such as shared risk analysis, collection of statistical data, training and support to Member States on contingency planning.
Amendment 261 #
Proposal for a regulation
Recital 46
Recital 46
(46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of experts from the staff of the Agency and experts seconded by the Member States, and experts of the staff of/or Member States' experts deployed by, the [European Agency for Asylum], Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies. The Commission should ensure the necessary coordination in the assessment of needs and operations on the ground in view of the involvement of various Union agencies.
Amendment 264 #
Proposal for a regulation
Recital 46
Recital 46
(46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of experts from the staff of the Agency and experts seconded by the Member States, and experts of the staff of/or Member States' experts deployed by, the [European Agency for Asylum], Europol or other relevant Union agencies. The Commission should ensure the necessary coordination in the assessment of needs and operations on the ground in view of the involvement of various Union agencies.
Amendment 267 #
Proposal for a regulation
Recital 48
Recital 48
Amendment 298 #
Proposal for a regulation
Recital 57
Recital 57
(57) In order to allow for the effective deployments from the European Border and Coast Guard standing corps as of 1 January 2020in line with the deadlines laid down in Annex I, certain decisions and implementing measures should be taken and put in place as soon as possible. In particular, by way of derogation from the normal deadline set in the Regulation, the decision of the Management Board as referred in Article 55 (4) on the profiles of the European Border and Coast Guard standing corps should be adopted within 6 weeks of the entry into force of the Regulation. This decision should be followed by the nominations of the Member States provided for in Article 56 (4) and Article 57 (1) within 12 weeks of the entry into force of the Regulation.
Amendment 300 #
Proposal for a regulation
Recital 58
Recital 58
(58) Also, by way of derogation from the normal deadline set in the Regulation, the decision of the Management Board on the minimum number of items of technical equipment to meet the needs of the Agency in 2020line with the deadlines laid down in Annex I as referred in Article 64 (4) should be adopted within 6 weeks of the entry into force of the Regulation.
Amendment 315 #
Proposal for a regulation
Recital 67
Recital 67
(67) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC of the European Parliament and of the Council22, is an essential component of the comprehensive efforts to tackle illegalrregular immigration and represents an important issue of substantial public interest. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in member states for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 323 #
Proposal for a regulation
Recital 71
Recital 71
Amendment 327 #
Proposal for a regulation
Recital 72
Recital 72
(72) The possible existence of an arrangement between a Member State and a third country does not absolve the Agency or the Member States from their obligations under Union or international law, in particular as regards compliance with the principle of non-refoulement, the prohibition on arbitrary detention and the prohibition on torture and on inhuman or degrading treatment.
Amendment 336 #
Proposal for a regulation
Recital 75
Recital 75
(75) Cooperation with third countries, following the conclusion of a status agreement between the Union and the third country concerned, is an element of European Integrated Border Management. It should serve to promote European border management and return standards, to exchange information and risk analysis, to facilitate the implementation of returns with a view to increasing their efficiency and to support third countries in the area of border management and migration, including the deployment of the European Border and Coast Guard standing corps when such support is required to protect external borders and the effective management of the Union’s migration policy.
Amendment 388 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘cross-border crime’ means any serious crime with a cross-border dimension committed or attempted to be committed at, along or in the proximity of, the external borders;
Amendment 393 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘incident’ means a situation relating to illegalrregular immigration, cross-border crime or a risk to the lives of migrants at, along or in the proximity of, the external borders;
Amendment 401 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas or in controlled centres, composed of operational staff from the European Border and Coast Guard standing corps, experts deployed by the [the European Union Agency for Asylum], and from Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies as well as from Member States;
Amendment 405 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas or in controlled centres, composed of operational staff from the European Border and Coast Guard standing corps, experts deployed by the [the European Union Agency for Asylum], and from Europol, or other relevant Union agencies as well as from Member States;
Amendment 411 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘hotspot area’ means an area in whichcreated at the request of the host Member State, the Commission,within which relevant Union agencies and participating Member States cooperate, with the aim of managin the context of their remit and competences, and coordinated by the Commission, support the host Member State in accommodating, identifying an exd registering or potential disproportionate migratory challenge characterised by a significant increase in the number of migrants arriving at the external borders;arriving migrants and to process asylum applications and decisions to return, in accordance with the relevant European laws and without prejudice to the competences of the national authority that accepts decisions to return.
Amendment 412 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Amendment 435 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) border control, including measures to facilitate legitimate border crossings and, where appropriate, measures related to the prevention and detection of cross- border crime, such as migrant smuggling, trafficking in human beings, organised crime and terrorism, and measures related to the referral of persons who are in need of, or wish to apply for, international protection;
Amendment 443 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) inter-agency cooperation among the national authorities in each Member State which are responsible for border control or for other tasks carried out at the border including national bodies in charge of protecting fundamental rights, as well as between authorities responsible for return in each Member State, including the regular exchange of information through existing information exchange tools;
Amendment 465 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
(4) The Agency shall contribute to the continuous and uniform application of Union law, including the Union acquis on fundamental rights, and ensure the application of the Charter of Fundamental Rights of the European Union in all its activities at all external borders. Its contribution shall include the exchange of good practices.
Amendment 491 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) The multiannual strategic policy for the European Integrated Border Management shall define how the challenges in the area of border management and return are to be addressed in a coherent, integrated and systematic manner in line with Union law and the instruments laid down in Recital 16.
Amendment 495 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
(4) Based on the strategic risk analysis for European Integrated Border Management referred to in Article 30(2) and on risk analysis requested from other relevant agencies, when appropriate, the Commission shall be empowered to adopt delegated acts in accordance with Article 118 developing a multiannual strategic policy for European Integrated Border Management. That delegated act shall define policy priorities and provide the strategic guidelines for the following four years in relation to the components set out in Article 3.
Amendment 516 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Each plan of the integrated planning shall contain the scenario against which it is developed. Scenarios shall be derived from risk analysis and shall reflect the possible evolution of the situation at the external borders and in the area of illegalrregular migration and the challenges identified in the multiannual strategic policy cycle for European Integrated Border Management.
Amendment 522 #
Proposal for a regulation
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
(-1) The Agency guarantees the correct implementation of European Integrated Border Management in complete respect of .fundamental rights by: 1/ Guaranteeing border management and combating irregular migration; 2/ Providing internal security for the Schengen Area; 3/ Enabling travellers to be moved in good faith.
Amendment 547 #
Proposal for a regulation
Article 10 – paragraph 1 – point 12
Article 10 – paragraph 1 – point 12
12. within the framework of the migration management support teams at hotspot areas or in controlled centres;
Amendment 569 #
Proposal for a regulation
Article 10 – paragraph 1 – point 20 a (new)
Article 10 – paragraph 1 – point 20 a (new)
20 a. cooperate with the European Union Agency for Fundamental Rights, to ensure the continuous and uniform application of the Union acquis on fundamental rights;
Amendment 574 #
Proposal for a regulation
Article 10 – paragraph 1 – point 22
Article 10 – paragraph 1 – point 22
22. cooperate with third countries in the areas covered by the Regulation, including through the possible operational deployment of border management teams and return teams in third countries;
Amendment 575 #
Proposal for a regulation
Article 10 – paragraph 1 – point 23
Article 10 – paragraph 1 – point 23
Amendment 582 #
Proposal for a regulation
Article 10 – paragraph 1 – point 25
Article 10 – paragraph 1 – point 25
25. assist Member States and third countries in training of national border guards, other relevant staff and experts on return, including the establishment of common training standards and programmes;
Amendment 605 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall take appropriate measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, the relevant Union agencies. Member States shall provide the Agency with information on the budget and financial resources dedicated to border management at a national level.
Amendment 606 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall take appropriate measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, the relevant Union agencies, in accordance with the provisions of relevant European legislation on data protection.
Amendment 614 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. All life cycle phase of the IT systems, from inception to operations and maintenance, shall fully respect data protection principles.
Amendment 618 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Agency may take all necessary measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, third parties and third countries as referred to in Article 6971 and Article 712.
Amendment 642 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2 – point a
Article 25 – paragraph 1 – subparagraph 2 – point a
(a) an events layer including all events related to unauthorised border crossings, and cross-border crime, and the detection of unauthorised secondary movements;
Amendment 662 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
(4) The operational layer of the European situational picture shall contain information on the joint operations, and rapid interventions coordinated by the Agency and on hotspots and controlled centres, including the mission statement, location, status, duration, information on the Member States and other actors involved, daily and weekly situational reports, statistical data and information packages for the media.
Amendment 683 #
Proposal for a regulation
Article 29 – paragraph 2 – point g
Article 29 – paragraph 2 – point g
(g) media monitoring, open source intelligence and analysis of internet activities in line with Directive (EU) 2016/680 of the European Parliament and of the Council42 and with Regulation (EU) 2016/679 of the European Parliament and of the Council for preventing illegal immigration or cross-border crime; _________________ 42 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 687 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Amendment 706 #
Proposal for a regulation
Article 32 – paragraph 3 – point b
Article 32 – paragraph 3 – point b
(b) support the collection of information required by the Agency for the monitoring of illegalrregular immigration and risk analyses referred to in Article 30;
Amendment 718 #
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The report of the liaison officer shall form part of the vulnerability assessment as referred to in Article 33. The report shall be transmitted to the Member State concerned.
Amendment 763 #
Proposal for a regulation
Article 33 – paragraph 10
Article 33 – paragraph 10
10. Where a Member State does not implement the necessary measures of the recommendation within the time limit referred to in paragraph 7 of this Article, the executive director shall refer the matter to the management board and notify the Commission. The management board shall adopt a decision on a proposal of the executive director setting out the necessary measures to be taken by the Member State concerned and the time limit within which such measures shall be implemented. The decision of the management board shall be binding on the Member State. If the Member State does not implement the measures within the time limit foreseen in that decision, the management board shall notify the Council and, the Commission and the European Parliament and further action may be taken in accordance with Articles 43 or 47.
Amendment 798 #
Proposal for a regulation
Article 37 – paragraph 2 – point d
Article 37 – paragraph 2 – point d
(d) deploy the European Border and Coast Guard standing corps in the framework of the migration management support teams, among others at hotspot areas or in controlled centres, including if necessary to provide technical and operational assistance in return activities;
Amendment 812 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. A Member State may request that the Agency launch joint operations to face upcoming challenges, including illegalrregular immigration, present or future threats at its external borders or cross-border crime, or to provide increased technical and operational assistance when implementing its obligations with regard to the control of the external borders.
Amendment 820 #
Proposal for a regulation
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. The operational plan shall be binding on the Agency, the host Member State and the participating Member States. It shall cover all aspects considered necessary for carrying out the joint operation, also in the case of cooperation with third countries, including the following:
Amendment 837 #
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 1
Article 41 – paragraph 1 – subparagraph 1
Migration management support teams may be deployed, at the request of a Member State, or upon the initiative of the Agency and with the agreement of the Member State concerned, to provide technical and operational reinforcement to that Member State, in particular at hotspot areas and controlled centres.
Amendment 840 #
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
The Member State referred to in first paragraph shall submit a request for reinforcement by migration management support teams and an assessment of its needs to the Commission. The Commission shall, based on the assessment of needs of that Member State, transmit the request to the Agency, to [the European Union Agency for Asylum], Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies, as appropriate.
Amendment 849 #
Proposal for a regulation
Article 41 – paragraph 4 – point b
Article 41 – paragraph 4 – point b
(b) initial information to persons who wish to apply for international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation, and their referral to the competent national authorities of the Member State concerned or to the experts deployed by [the European Union Agency for Asylum];
Amendment 858 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The Agency shall cooperate with the [the European Union Agency for Asylum] to facilitate measures for the referral to the procedure for international protection and, for third country nationals whose application for international protection has been rejected by means of a final decision and who are not entitled to other grounds to stay in line with EU and international law, to the return procedure.
Amendment 878 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
the Commission, after consulting the Agency, may adopt without delay a decision by means of an implementing act in accordance with the procedure as referred to in Article 117(3),shall immediately recommend to the Council to adopt, by simple majority, a decision establishing that no effective action has been taken and identifying measures to mitigate those risks to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. The Commission shall notify the European Parliament.
Amendment 884 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2 – indent 1 (new)
Article 43 – paragraph 1 – subparagraph 2 – indent 1 (new)
Amendment 885 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 3
Article 43 – paragraph 1 – subparagraph 3
Amendment 897 #
Proposal for a regulation
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. To mitigate the risk of putting in jeopardy the Schengen area, the Commissionuncil decision referred to in paragraph 1 shall provide for one or more of the following measures to be taken by the Agency:
Amendment 916 #
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. The executive director shall, within two working days from the date of adoption of the Commissionuncil decision referred to in paragraph 1,
Amendment 931 #
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
6. The Agency shall, without delay and in any case within five working days from establishment of the operational plan, deploy the necessary operational staff from the European Border and Coast Guard standing corps referred to in Article 55 for the practical execution of the measures identified in the Commissionuncil decision referred to in paragraph 1 of this Article. Additional teams shall be deployed as necessary at a second stage and in any case within seven working days from the deployment of the first teams deployed in the operational area.
Amendment 942 #
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
8. The Member State concerned shall comply with the Commissionuncil decision referred to in paragraph 1. For that purpose it shall immediately cooperate with the Agency and take the necessary action, in particular by implementing the obligations provided in Articles 44, 83 and 84, to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan.
Amendment 947 #
Proposal for a regulation
Article 43 – paragraph 9 – subparagraph 2
Article 43 – paragraph 9 – subparagraph 2
The Commission shall monitor the proper implementation of the measures identified in the Council decision and the actions taken, for that purpose, by the Agency in order to ensure a proper European border management. If the Member State concerned does not comply with the Commissionuncil decision referred to in paragraph 1 within 30 days and does not cooperate with the Agency pursuant to paragraph 8 of this Article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.
Amendment 950 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. During deployment of border management teams, return teams and migration management support teams, including when cooperating with third countries, the host Member State shall issue instructions to the teams in accordance with the operational plan.
Amendment 954 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Members of the teams shall, 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 and shall pay particular attention to vulnerable persons. Any 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 onbased on any grounds ofsuch as sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in line with provisions stipulated in Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 960 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The eExecutive dDirector shall terminate activities of the Agency, including when cooperating with third countries, if the conditions to conduct those activities are no longer fulfilled. The eExecutive dDirector shall inform the Member State concerned prior to such termination.
Amendment 970 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. The executive director shall, after consulting the fundamental rights officer and informing the Member State concerned, withdraw the financing of a joint operation, rapid border intervention, pilot project, migration management support team deployment, return operation, return intervention or working arrangement or suspend or terminate, in whole or in part such activities, 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. When taking such decision, the Executive Director shall take into account relevant information resulting from the Agency complaints mechanisms, serious incident reports, and the reports of the Agency liaison Officer posted in the host Member State as well as material originating from EU institutions and EU Agencies, agencies of the United Nations or Council of Europe bodies.
Amendment 971 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. The executive director shall, after consulting the fundamental rights officer and informing the Member State concerned, withdraw the financing of a joint operation, rapid border intervention, pilot project, migration management support team deployment, return operation, return intervention or working arrangement or suspend or terminate, in whole or in part such activities, if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature and/or are likely to persist. Such decision shall be taken on the ground of objective and public criteria and shall be linked with the fundamental rights elements of the risks analysis and of the vulnerability assessments and with the results of the complaint mechanism. The executive director shall inform the management board of such a decision.
Amendment 980 #
Proposal for a regulation
Article 49 – paragraph 1 – introductory part
Article 49 – paragraph 1 – introductory part
1. The Agency shall, with regard to return, and in accordance with the respect for fundamental rights and general principles of Union law as well as for international law, including refugee protection, the respect for the principle of non-refoulement and children's rights, in particular:
Amendment 990 #
Proposal for a regulation
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(b) provide technical and operational assistance to Member States experiencing challenges with regard to return or migratory pressuretheir return systems, including by deploying migration management teams;
Amendment 1032 #
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
1a. When the Agency provides technical and operational assistance to Member States in organising the return of third-country nationals, the Agency, through its coordinating officer, shall verify that all third-country nationals embarking on flights organised or coordinated by the Agency have received a return decision in accordance with Directive 2008/115/EC and that no appeal to a national court of to the European Court of Human Rights is awaiting a decision.
Amendment 1047 #
Proposal for a regulation
Article 51 – paragraph 7
Article 51 – paragraph 7
7. The Agency shall finance or co- finance return operations from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas or controlled centres.
Amendment 1059 #
Proposal for a regulation
Article 52 – paragraph 5 a (new)
Article 52 – paragraph 5 a (new)
5 a. After the pool of forced-return monitors is constituted by the Agency, following the determination of the profile and the number of forced-return monitors, the Agency shall entrust the Council of Europe and its forced return monitors within its Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to conduct spot-checks on a selected sample of a maximum of 20 per cent of return operations carried out or facilitated by the Agency. The Council of Europe's forced return monitors shall compile a report following each spot- check. The Council of Europe shall compile an annual evaluation report from the information collected which shall be communicated to the Executive Director, the Agency's Management Board, Fundamental Rights Officer and Consultative Forum, the European Parliament, the Council and the European Commission. The Council of Europe shall receive an adequate budget by the Agency on an annual basis to evaluate the Agency's pool of forced- return monitors. The results of the annual evaluation report shall be taken into account in the evaluation of this Regulation in line with the provisions laid down in Article 116.
Amendment 1060 #
Proposal for a regulation
Article 52 – paragraph 5 b (new)
Article 52 – paragraph 5 b (new)
5 b. No forced return shall be carried out or facilitated by the Agency before its pool of forced-return monitors is fully constituted and ready for deployment.
Amendment 1064 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The Agency may deploy return teams, that also consist of officers with specific expertise in child protection, either at the request of a Member State or on its own initiative, during return interventions, in the framework of migration management teams or as necessary to provide additional technical and operational assistance in the area of return, including where such challenges are linked to large inward mixed migratory flows or taking in third-country nationals rescued at sea.
Amendment 1076 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 1108 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. In accordance with Article 62(2), following their recruitment, the new staff members shall undergo full border-guard or return-related training, as relevant, in the framework of dedicated training programmes designed by the Agency, and, based on agreements with selected Member States, implemented in their specialised academies. The cost of training shall be entirely covered by the Agency.
Amendment 1118 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. By 30 June each year, each Member State shall nominate for secondment their operational staff in accordance with the specific numbers and profiles decided by the Management Board for the following year as referred to in Article 55(4). The Agency mayshall verify whether the operational staff proposed by Member States correspond to the defined profiles and possess the necessary language skills. By 15 September, the Agency shall accept the proposed candidates or request that a Member State propose another candidate for secondment in case of incompliance with the required profiles, insufficient language skills, misconduct or infringement of the applicable rules during previous deployments.
Amendment 1119 #
Proposal for a regulation
Article 57 – paragraph 5 a (new)
Article 57 – paragraph 5 a (new)
5 a. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed and actually deployed to the European Border and Coast Guard standing corps through long-term secondment (Category 2).
Amendment 1124 #
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. The Agency mayshall verify whether operational staff nominated for short-term deployments by Member States correspond to the defined profiles and possess the necessary language skills. The Agency may request that a Member State remove an operational staff member from the national list in case of incompliance with the required profiles, insufficient linguistic skills, misconduct or infringement of the applicable rules during previous deployments.
Amendment 1129 #
Proposal for a regulation
Article 58 – paragraph 8 a (new)
Article 58 – paragraph 8 a (new)
8 a. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed and actually deployed to the European Border and Coast Guard standing corps through short-term secondment (Category 3). This report shall list the Member States that have invoked the exceptional situation referred to in paragraphs 7 in the previous year. It shall also include the reasons and information provided by the Member State concerned.
Amendment 1144 #
Proposal for a regulation
Article 62 – paragraph -1 (new)
Article 62 – paragraph -1 (new)
Amendment 1148 #
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The Agency shall ensure that all the staff members recruited to act as operational staff of the European Border and Coast Guard standing corps have received adequate training in relevant Union and international law, including on fundamental rights, access to international protection and, where appropriate, search and rescue, prior to their initial deployment in operational activities organised by the Agency. If the operational activities potentially necessitate the use of firearms, the staff members shall receive a comprehensive practical, legal and ethical training, taking into account the staff member's previous training or experience. For that purpose, the Agency shall, based on agreements with selected Member States, implement the necessary training programmes in their national academies. The cost of training shall be entirely covered by the Agency.
Amendment 1150 #
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The Agency shall ensure thatprovide all the staff members recruited to act as operational staff of the European Border and Coast Guard standing corps have receivedwith adequate training in relevant Union and international law, including on fundamental rights, access to international protection and, where appropriate, search and rescue, prior to their initial deployment in operational activities organised by the Agency. For that purpose, the Agency shall, based on agreements with selected Member States,The Agency shall establish the programmes in cooperation with the Member States and after consulting the consultative forum and the fundamental rights officer, and shall implement the necessary training programmes in their national academies. The cost of training shall be entirely covered by the Agency.
Amendment 1153 #
Proposal for a regulation
Article 62 – paragraph 4
Article 62 – paragraph 4
4. The Agency shall take the necessary initiatives to ensure training for staff involved in return-related tasks who are allocated to the European Border and Coast Guard standing corps and the pool referred to in Article 52. The Agency shall ensure thatprovide training to its staff and all staff who participate in return operations and in return interventions have received training in relevant Union and international law, including on fundamental rights and access to international protection, prior to their participation in operational activities organised by the Agency.
Amendment 1157 #
Proposal for a regulation
Article 62 – paragraph 7
Article 62 – paragraph 7
7. The Agency may organise training activities in cooperation with Member States and third countries oin their territoryits training centre.
Amendment 1186 #
Proposal for a regulation
Article 69 – title
Article 69 – title
69 Cooperation of the Agency with Union institutions, bodies, offices, agencies, and international organisations
Amendment 1190 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1
Article 69 – paragraph 1 – subparagraph 1
The Agency shall cooperate with Union institutions, bodies, offices and agencies, and international organisations, within their respective legal frameworks and make use of existing information, capabilities and systems available in the framework of EUROSUR.
Amendment 1200 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k
Article 69 – paragraph 1 – subparagraph 2 – point k
(k) Missions and operations of the Common Security and Defence Policy, only after a dedicated legal instrument is in place that governs this cooperation, with data protection rules ensuring the right to privacy and the protection of personal data.
Amendment 1201 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k a (new)
Article 69 – paragraph 1 – subparagraph 2 – point k a (new)
(k a) the Council of Europe for the purposes of overseeing the pool of forced- return monitors;
Amendment 1205 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities referred to in paragraph 1. Such arrangements shall have received the Commission's prior approval. In every case, the Agency shall inform the European Parliament of any such arrangements. Such arrangements should clearly indicate the scope, the extent and the level of intrusiveness of the proposed measure to assess the necessity and proportionality of the measure at stake.
Amendment 1211 #
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. As regards the handling of classified information, those arrangements shall provide that the Union body, office or agency or international organisation concerned comply with security rules and standards equivalent to those applied by the Agency. An assessment visit shall be conducted prior to the conclusion of the arrangement and the Commission shall be informed of the outcome of the assessment visit.
Amendment 1213 #
Proposal for a regulation
Article 69 – paragraph 5
Article 69 – paragraph 5
5. The Union institutions, bodies, offices, and agencies and international organisations referred to in paragraph 1, shall use information received from the Agency only within the limits of their competences and insofar as they respect fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to other Union institutions, bodies, offices and agencies 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. Such arrangements should clearly indicate the scope and the extent of the proposed measures to assess the necessity and proportionality of the measures at stake. The EBCG shall keep record of the onward transfers and of the justification for such transfers. The EDPS has the possibility to verify their lawfulness, and, in particular, compliance with the principles of necessity and proportionality. Any transfer of personal data by the Agency shall be in line with the data protection provisions laid down in Articles 87 to 90. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, or agency or international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency.
Amendment 1216 #
Proposal for a regulation
Article 69 – paragraph 6
Article 69 – paragraph 6
6. Information between the Agency and the Union bodies, offices and agencies, and international organisations, referred to in paragraph 2 shall be exchanged via the communication network referred to in Article 14 or via other accredited information exchange systems which fulfil the criteria of availability, confidentiality and integrity.
Amendment 1223 #
Proposal for a regulation
Article -72 (new)
Article -72 (new)
Article -72 Cooperation of the Agency with international organisations 1. The Agency shall cooperate with international organisations, within their respective legal frameworks and make use of existing information, capabilities and systems available in the framework of EUROSUR. In accordance with paragraph 1, the Agency cooperate in particular with : (a) Interpol (b) Organization for Security and Co- operation in Europe (c) The UN Refugee Agency (d) International Organization for Migration (e) United Nations Office on Drugs and Crime (f) International Civil Aviation Organization (g) World Customs Organization 2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities. Such arrangements shall have received the Commission's prior approval. In every case, the Agency shall inform the European Parliament of any such arrangements. Such arrangements should clearly indicate the scope and the extent of the proposed measures to assess the necessity and proportionality of the measures at stake. 2. As regards the handling of classified information, those arrangements shall provide that the international organisation concerned comply with security rules and standards equivalent to those applied by the Agency. An assessment visit shall be conducted prior to the conclusion of the arrangement and the Commission shall be informed of the outcome of the assessment visit. 3. The international organisations referred to in paragraph 1, shall use information received from the Agency only within the limits of their competences and insofar as they respect fundamental rights, including data protection requirements. Any transfer of personal data by the Agency shall be in line with the data protection provisions laid down in Articles 87 to 90. As regards the handling of classified information, those arrangements shall provide that the international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency. 4. Information between the Agency and international organisations, referred to in paragraph 2 shall be exchanged via the communication network referred to in Article 14 or via other accredited information exchange systems which fulfil the criteria of availability, confidentiality and integrity.
Amendment 1238 #
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations. The EDPS shall be consulted on the provisions of the status agreement related to the transfers of data.
Amendment 1239 #
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations, including by ensuring that the teams include a member with expertise on fundamental rights.
Amendment 1242 #
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations and provide for a complaints mechanism.
Amendment 1244 #
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
4. Where available, it shall also act within the framework of working arrangements concluded with those authorities in accordance with Union law and policy, in accordance with 77(6). Those working arrangements shall specify the scope, nature and purpose of the cooperation and be related to the management of operational cooperation and may include provisions concerning the exchange of sensitive non-classified information and cooperation in the framework of EUROSUR in accordance with Article 75 (3). Any working arrangements on exchanging classified information shall be concluded in accordance with Article 77(6). The Agency shall comply with Union law, including norms and standards, which form part of the Union acquis. The EDPS shall be consulted on the provisions of the working arrangements related to transfers of data.
Amendment 1254 #
Proposal for a regulation
Article 75 – paragraph 4
Article 75 – paragraph 4
Amendment 1261 #
Proposal for a regulation
Article 76 – paragraph 3 a (new)
Article 76 – paragraph 3 a (new)
3 a. Any exchange of information under Article 73(1), which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1265 #
Proposal for a regulation
Article 77 – paragraph 1 a (new)
Article 77 – paragraph 1 a (new)
1 a. Status agreement shall include a fundamental rights clause and relevant provisions on monitoring and impacts assessments, and refer to the role of the Fundamental Rights officer in receiving and following up on complaints.
Amendment 1278 #
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. Within the framework of the external action policy of the Union, priority for the deployment of liaison officers shall be given to those third countries which, on the basis of a risk analysis, constitute a country of origin or transit regarding illegalrregular immigration. The Agency may receive liaison officers posted by those third countries on a reciprocal basis. The management board shall, on a proposal of the executive director, adopt the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the management board upon the opinion of the Commission.
Amendment 1281 #
Proposal for a regulation
Article 78 – paragraph 3
Article 78 – paragraph 3
3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against illegal immigration and the return of returnees, including by providing technical assistance in identification of third-country nationals and the acquisition of travel documents. Those liaison officers shall coordinate closely with Union delegations and, where relevant, CSDP missions and operations. Agency Liaison officers shall contribute to assessing the fundamental rights impact of EBCG operations and cooperation with third countries.
Amendment 1285 #
Proposal for a regulation
Article 78 – paragraph 3
Article 78 – paragraph 3
3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against illegalrregular immigration and the return of returnees, including by providing technical assistance in identification of third-country nationals and the acquisition of travel documents. Those liaison officers shall coordinate closely with Union delegations and, where relevant, CSDP missions and operations.
Amendment 1287 #
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. The Agency may, with the agreement of the Member States concerned, invite observers of Union institutions, bodies, offices, agencies or international organisations and CSDP missions and operations 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 or pose risks to fundamental rights. 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 shall be subject to the agreement of the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation.
Amendment 1292 #
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The Agency may, with the agreement of the Member States concerned, invite observers from third countries to participate in its activities at the external borders referred to in Article 37 , return operations referred to in Article 51, return interventions referred to in Article 54 and training referred to in Article 62, 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 nor the safety of third country nationals and the right to asylum. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 37, 43, 51 and 62 and only with the agreement of the host Member State regarding those referred to in Articles 37 and 54. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation. They shall be required to adhere to the codes of conduct of the Agency while participating in its activities.
Amendment 1344 #
Proposal for a regulation
Article 87 – paragraph 3
Article 87 – paragraph 3
3. The Agency may transfer personal data to an authority of a third country or to an international organisation in accordance with the provisions of [Regulation (EC No 45/2001] insofar as such transfer is necessary for the performance of the Agency’s tasks in the area of return activities. Where in the framework of organising return operations the personal data of returnees are not transmitted to the carrier by a Member State, the Agency may also transfer such data under the same conditions. In application of [Article 25(1)(c)] of [Regulation (ECU) No 45/2001], [Article 19] thereof shall not apply to the processing of data for the purpose of return by the Agency, for as long as the third country national is not returned. T2018/1725, the Agency may provide for internal rules on restricting the application of the rights under [Articles 179, 1753 and 1854] of [Regulation (ECU) No 45/20112018/1725] on a case by case basis as long as the exercise of such right would risk to jeopardise the return procedure. Such restrictions shall respect the essence of the fundamental rights and freedoms and be necessary and proportionate to the objective pursued, taking into account the risks to the rights and freedoms of the persons concerned.
Amendment 1346 #
Proposal for a regulation
Article 87 – paragraph 3 a (new)
Article 87 – paragraph 3 a (new)
3 a. Any exchange of information which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1363 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in paragraph 1. The Agency may process such personal data for a different purpose which also falls under paragraph 1 only if authorised by the provider of the personal data
Amendment 1375 #
Proposal for a regulation
Article 89 – paragraph 1 – point a
Article 89 – paragraph 1 – point a
(a) personal data of persons who are suspected, on reasonable grounds, by the competent authorities of the Member States and EASO, Europol or Eurojust, of involvement in cross-border crime, such as migrant smuggling, trafficking in human beings, organised crime or terrorism;
Amendment 1399 #
Proposal for a regulation
Article 90 – paragraph 3
Article 90 – paragraph 3
3. Any exchange of personal data with third countries in the framework of EUROSUR shall be strictly limited to what is absolutely necessary for the purposes of this Regulation. It shall be carried out in accordance with Regulation (EU) 2016/679 or Directive (EU) 2016/680, and the relevant national provisions on data protection.
Amendment 1416 #
Proposal for a regulation
Article 97 – paragraph 1 – point d
Article 97 – paragraph 1 – point d
Amendment 1419 #
Proposal for a regulation
Article 97 – paragraph 1 – point e
Article 97 – paragraph 1 – point e
Amendment 1423 #
Proposal for a regulation
Article 98 – paragraph 2 – subparagraph 1 – point a
Article 98 – paragraph 2 – subparagraph 1 – point a
Amendment 1424 #
Proposal for a regulation
Article 98 – paragraph 2 – subparagraph 1 – point b
Article 98 – paragraph 2 – subparagraph 1 – point b
Amendment 1431 #
Proposal for a regulation
Article 99 – paragraph 1
Article 99 – 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 one representative of the European Parliament, all with a right to vote. 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 appoint one member and his or her alternate. The duration of the terms of office shall be four years. The terms of office shall be extendable.
Amendment 1441 #
Proposal for a regulation
Article 104 – paragraph 3 – subparagraph 1 (new)
Article 104 – paragraph 3 – subparagraph 1 (new)
The Executive Director shall hold regular exchanges of views with the appropriate bodies of the European Parliament, notably regarding specific cooperation with third countries, and shall present the annual report of the Agency.
Amendment 1442 #
Proposal for a regulation
Article 105 – paragraph 1
Article 105 – paragraph 1
1. The Commission shall propose at least three candidates for the post of eEuropean Parliament and the Council shall appoint by common accord the Executive dDirector and for the posts of each of the dthe Deputy eExecutive dDirectors based on a list drawn up by the Commission following publication of the post in the Official Journal of the European Union and, as appropriate, other press or internet sites.
Amendment 1444 #
The executive director shall be appointed by the management boardchosen on the grounds of merit, independence and documented high-level administrative and management skills, including relevant senior professional experience in the field of management of the external-borders and return, on the proposal from the Commission referred to in paragraph 1. Before appointment, the candidates proposed by the Commission shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their members.
Amendment 1445 #
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 2
Article 105 – paragraph 2 – subparagraph 2
Amendment 1447 #
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 3
Article 105 – paragraph 2 – subparagraph 3
Amendment 1448 #
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 4
Article 105 – paragraph 2 – subparagraph 4
Amendment 1451 #
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 5
Article 105 – paragraph 2 – subparagraph 5
Power to dismiss the executive director shall lie with the management boardEuropean Parliament and the Council, acting on a proposal from the Commission.
Amendment 1452 #
Proposal for a regulation
Article 105 – paragraph 4 – subparagraph 1
Article 105 – paragraph 4 – subparagraph 1
The deputy executive directors shall be appointed by the management boardchosen on the grounds of merit and appropriate administrative and management skills, including relevant professional experience in the field of management of the external borders and return, on the proposals from the Commission referred to in paragraph 1, after having consulted the executive director. The management board shall take its decision by a two-thirds majority of all members with a right to vote.
Amendment 1453 #
Proposal for a regulation
Article 105 – paragraph 4 – subparagraph 2
Article 105 – paragraph 4 – subparagraph 2
Amendment 1454 #
Proposal for a regulation
Article 105 – paragraph 6
Article 105 – paragraph 6
Amendment 1455 #
Proposal for a regulation
Article 105 – paragraph 7
Article 105 – paragraph 7
7. The term of the office of the deputy executive directors shall be five years. It may be extended by the management board once, for another period of up to five years.
Amendment 1456 #
Proposal for a regulation
Article 105 – paragraph 7 a (new)
Article 105 – paragraph 7 a (new)
7 a. The Executive Director and the Deputy Executive Director shall be eligible for reappointment.
Amendment 1457 #
Proposal for a regulation
Article 105 – paragraph 7 b (new)
Article 105 – paragraph 7 b (new)
7 b. Apart from normal replacement or in the event of death, the duties of the Executive Director and the Deputy Executive Director shall end in the event of resignation. The Executive Director and the Deputy Executive Director may be dismissed by the Court of Justice at the request of the European Parliament, the Council or the Commission, if he or she no longer fulfils the conditions required for the performance of his or her duties or if he or she is guilty of serious misconduct.
Amendment 1467 #
Proposal for a regulation
Article 106 – paragraph 5
Article 106 – paragraph 5
5. Without prejudice to the tasks of the fundamental rights officer, the consultative forum shall have effective access to all information concerning the respect for fundamental rights, including by carrying out on-the-spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State, and to hotspot areas or controlled centres, return operations and return interventions.
Amendment 1480 #
Proposal for a regulation
Article 107 – paragraph 2
Article 107 – paragraph 2
2. The fundamental rights officer shall be independent in the performance of his or her duties. To this end special rules shall be laid down by the Management Board, in consultation with the Consultative Forum and the fundamental rights officer. He or she shall report directly to the management board and cooperate with the consultative forum. The fundamental rights officer shall so report on a regular basisannually and as such contribute to the mechanism for monitoring fundamental rights.
Amendment 1485 #
Proposal for a regulation
Article 107 – paragraph 2 a (new)
Article 107 – paragraph 2 a (new)
2 a. The fundamental rights officer shall have administrative autonomy and adequate resources and staff at his or her disposal, corresponding to the mandate and the size of the Agency.
Amendment 1487 #
Proposal for a regulation
Article 107 – paragraph 3
Article 107 – paragraph 3
3. The fFundamental rRights oOfficer shall be consulted on the operational plans drawn up in accordance with Articles 39, 43, 54(4) and 75(3)0, 41, 43, 51, 54 and 75 as well as on pilot projects and technical assistance projects in third countries. He or she shall have access to all information concerning respect for fundamental rights in all the activities of the Agency.
Amendment 1489 #
Proposal for a regulation
Article 107 – paragraph 3 a (new)
Article 107 – paragraph 3 a (new)
3 a. The Agency shall provide its Fundamental Rights Officer with adequate resources and staff corresponding to its mandate and size. The Fundamental Rights Officer shall have access to all information necessary to fulfil her or his tasks and shall be granted administrative autonomy from the Agency.
Amendment 1493 #
Proposal for a regulation
Article 107 – paragraph 3 b (new)
Article 107 – paragraph 3 b (new)
3 b. In the case of a long-term absence of the Fundamental Rights Officer, the management board shall appoint an interim Fundamental Rights Officer within one calendar week of such absence. The interim Fundamental Rights Officer shall have the necessary qualifications and experience in the field of fundamental rights. The interim Fundamental Rights Officer shall, where possible, be appointed from within the Agency's Fundamental Rights Office or from staff who worked in the same Office in the past.
Amendment 1494 #
Proposal for a regulation
Article 107 – paragraph 3 c (new)
Article 107 – paragraph 3 c (new)
3 c. The Fundamental Rights Officer shall be tasked to present an annual report on the work of the Agency's Fundamental Rights Office. The report shall be communicated to the Executive Director, the Agency's Management Board and Consultative Forum, the European Parliament, the Council and the European Commission.
Amendment 1505 #
Proposal for a regulation
Article 108 – paragraph 2
Article 108 – paragraph 2
2. Any person who is directly affected by the actions and omissions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support team deployment, joint 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 omissions, or any party representing such a person, may submit a complaint in writing to the Agency.
Amendment 1514 #
Proposal for a regulation
Article 108 – paragraph 4
Article 108 – paragraph 4
4. The fFundamental rRights oOfficer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the fFundamental rRights oOfficer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the eExecutive dDirector, forward complaints concerning members of the teams to the home Member State, inform the relevant authority or body competent for fundamental rights in a Member State for further action in line with their mandate, and register and ensure the follow-up by the Agency or that Member State.
Amendment 1520 #
Proposal for a regulation
Article 108 – paragraph 5 – subparagraph 1
Article 108 – paragraph 5 – subparagraph 1
In accordance with the right to good administration, if a complaint is admissible, complainants shall be informed that a complaint has been registered, that an assessment has been initiated and that a response may be expected as soon as it becomes available. If a complaint is forwarded to national authorities or bodies, the complainant shall be provided with their contact details. If a complaint is not declared inadmissible, complainants shall be informed of the reasons and, if possible, provided with further options for addressing their concerns. Complainants shall be granted the possibility to appeal an inadmissibility decision to the European Ombudsman.
Amendment 1524 #
Proposal for a regulation
Article 108 – paragraph 6 – subparagraph 1
Article 108 – paragraph 6 – subparagraph 1
In the case of a registered complaint concerning a staff member of the Agency, the executive director shall enFundamental Rights Officer shall examine the complaint and issure appropriate follow-up, in consultation with recommendation, including disciplinary measures as necessary, to the Executive Director as to the fuindamental rights officer, including disciings and appropriate response of the Agency to the complainary measures as necessart. Where the Executive Director decides not to follow up the recommendation, he or she shall provide the reasons without delay. The eExecutive dDirector shall report back within a determined timeframe to the fundamental rights officer as to the findings and follow- up made by the Agency in response to a complaint, including disciplinary measures as necessary.
Amendment 1533 #
Proposal for a regulation
Article 108 – paragraph 7
Article 108 – paragraph 7
7. If a complaint is registered that concerns a team member of a host Member State or a team member from other participating Member States, including a seconded member of the teams or seconded national expert, the home Member State shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the fFundamental rRights oOfficer as to the findings and follow- up made in response to the complaint within a determined time periodone calendar year, and if necessary, at regular intervals thereafter. The Agency shall follow-up the matter if no report is received from the relevant Member State.
Amendment 1537 #
Proposal for a regulation
Article 108 – paragraph 8
Article 108 – paragraph 8
8. Where a team member is found to have violated fundamental rights or international protection obligations, the Agency mayshall request that the Member State remove that member immediately from the activity of the Agency or the European Border and Coast Guard standing corps.
Amendment 1542 #
Proposal for a regulation
Article 108 – paragraph 9
Article 108 – paragraph 9
9. The fFundamental rRights oOfficer shall report to the executive director and to the management board a, as part of her or his annual report on the work of the Agency's Fundamental Rights Office, include specific references to the Agency's and Member States' findings and follow-ups made in response to complaints. The Agency shall include information on the complaints mechanism in its annual report.
Amendment 1573 #
Proposal for a regulation
Annex I – table
Annex I – table
Category Category 1 Category 2 Category 3 Total for the Year Agency Operational Operational European Staff staff for long staff for Border and term long-term short -term Coast Guard secondments deployments standing Corps 2020 1500 1 500 7000 10000 2021 2000 2000 6000 10000 2022 2000 2000 1 500 2 500 2023 6000 1 000 10000 2023 2500 2500 5000 10000 2024 2500 2500 5000 10000 2025 3000 3000 4000 10000 2026 3 500 2 000 5 000 2025 2 000 2 3000 3 4000 1007 500 2027 3 000 3 000 4 000 10 000
Amendment 1585 #
Proposal for a regulation
Annex III – table
Annex III – table
Country / Year 2020 2021 20223 2023 2024 2025 2026 2027 Year Belgium 30 10 40 4 30 50 50 60 40 60 60 Bulgaria 40 5315 53 40 67 67 80 53 80 80 Czech Republic 20 5 27 270 33 33 27 40 40 40 Republic Denmark 29 3910 39 29 48 48 58 39 58 58 Germany 225 75 298 298 225 377 377 450 450298 450 Estonia 18 246 24 18 30 30 36 24 36 36 Greece 50 16 67 67 50 83 83 100 67 100 100 Spain 111 37 148 148 111 185 185 222 222148 222 France 170 2257 225 170 285 285 340 225 340 340 Croatia 65 22 87 87 65 108 108 130 87 130 130 Italy 125 16742 167 25 208 208 250 167 250 250 Cyprus 8 112 11 8 13 13 16 1 16 16 Latvia 30 410 40 30 50 50 60 40 60 60 Lithuania 39 5213 52 39 65 65 7852 78 78 Luxembourg 8 2 11 11 8 13 13 16 1 16 16 Hungary 65 22 87 87 65 108 108 130 87 130 130 Malta 6 82 8 6 10 10 12 8 12 12 Netherlands 50 617 67 50 83 83 10067 100 100 Austria 34 4512 45 34 57 57 68 45 68 68 Poland 100 133 133 00 167 167 200 133 200 200 Portugal 47 15 63 63 47 78 78 94 63 94 94 Romania 75 25 100 100 75 125 125 1500 150 150 Slovenia 35 12 47 47 35 58 58 470 70 70 Slovakia 35 4712 47 35 58 58 470 70 70 Finland 30 410 40 30 50 50 640 60 60 Sweden 17 6 23 23 17 28 28 234 34 34 [Switzerland] 16 5 21 21 16 27 27 32 21 32 32 [Iceland] 2 31 3 2 3 3 43 4 4 [Liechtenstein]* 0 0 0 0 0 0 0 0 0 ]* 0 [Norway] 20 6 27 27 0 33 33 40 27 40 40 TOTAL 1 500 2000 201 500 2500 2500 3 2 000 3000 3 000 (*) Liechtenstein will contribute through proportional financial support
Amendment 1588 #
Proposal for a regulation
Annex IV – table
Annex IV – table
Country / Year 2020 20210 2022 2023 20243 2025 2026 2025 2027 Belgium 140 1230 120 100 40 100 80 8060 80 Bulgaria 187 1640 160 133 53 133 107 10780 107 Czech Republic 93 20 80 80 6 27 67 53 40 53 53 Republic Denmark 135 116 29 116 97 9739 77 77 58 77 Germany 1052 900 900225 748 748300 602 602450 602 Estonia 84 72 18 72 60 24 60 48 4836 48 Greece 233 200 2050 167 1 67 133 13300 133 Spain 518 444 111 444 370 370148 296 29622 296 France 795 68 170 680 565 227 565 455 455340 455 Croatia 303 260 65 260 217 21787 173 1730 173 Italy 583 500 125 500 417 417167 333 333250 333 Cyprus 37 32 8 32 27 11 27 21 21 16 21 Latvia 140 1230 120 100 40 100 80 8060 80 Lithuania 182 156 39 156 130 52 130 104 78 104 104 Luxembourg 37 8 32 32 11 27 27 21 16 21 21 Hungary 303 65 260 260 87 217 217 1730 173 173 Malta 28 6 24 24 8 20 20 16 2 16 16 Netherlands 233 50 200 200 67 167 167 133 100 133 133 Austria 159 34 136 136 45 113 113 68 91 91 91 Poland 467 100 400 400 133 333 333 26700 267 267 Portugal 219 47 188 18863 157 157 94 125 125 125 Romania 350 75 300 3 100 250 250 20150 200 200 Slovenia 163 35 140 14046 117 117 9370 93 93 Slovakia 163 35 140 140 46 117 117 93 70 93 93 Finland 14 30 120 120 40 100 100 8060 80 80 Sweden 79 17 68 68 23 57 57 345 45 45 [Switzerland] 75 16 64 64 21 53 53 432 43 43 [Iceland] 9 2 8 8 2 7 7 54 5 5 [Liechtenstein] * 0 0 0 0 0 0 0 0 0 * [Norway] 93 820 80 26 67 67 5340 53 53 TOTAL 7 15000 6000 62 000 5000 5000 4000 3 000 4000 4 000 (*) Liechtenstein will contribute through proportional financial support