34 Amendments of Hélène FLAUTRE related to 2011/0365(COD)
Amendment 61 #
Proposal for a regulation
Recital 13
Recital 13
(13) This instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights, the Geneva Refugee Convention, the UN Convention on the Law of the Sea, the UN human rights treaties, international humanitarian law and the principle of non-refoulement.
Amendment 67 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 71 #
Proposal for a regulation
Recital 19
Recital 19
(19) To address immediately unforeseen migratory pressure and threatrisks to border security it should be possible to provide emergency assistance in accordance with the framework set out in Regulation … 2012/EU laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police co-operation, preventing and combating crime, and crisis management.
Amendment 72 #
Proposal for a regulation
Recital 20
Recital 20
(20) Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible threatrisks are identified, notably following a Schengen evaluation, the Member State concerned should follow the matter up adequately by using resources under its programmes by priority, where applicable, complementing emergency assistance measures.
Amendment 80 #
Proposal for a regulation
Recital 24
Recital 24
(24) In the same vein, the scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arise. Such Union actions include studies and pilot projects to further the policy and its application, measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulates.
Amendment 94 #
Proposal for a regulation
Article 2 – point e a (new)
Article 2 – point e a (new)
(ea) ‘risk’ means a factor that affects or is expected to affect the quality of control at external borders, the smooth crossing of external borders as well as the effective access to the territory of Member States for third-country nationals in need of international protection.
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Instrument shall be to contribute to ensuring a high level of security in the European Unionuniform and high-quality external border control while facilitating mobility in a secure environment into European Union, making sure that the Union’s commitment to fundamental freedoms and human rights is upheld.
Amendment 111 #
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(ba) supporting the implementation of the asylum acquis at the external borders to ensure an effective access to the territory of Member States and to the registration procedure for third country nationals in need of international protection, in full compliance with Union law, the principle of non-refoulement and the UN Convention on the Law of the Sea. The achievement of this objective shall be measured against indicators such as, inter alia, the number of applications for international protection at the external borders, the number of entries to the territory of Member States, the number of registered deaths at sea, the number of registrations at the external borders and the quality of reception.
Amendment 114 #
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) promoting the development and implementation and enforcement of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders;
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) gradually establishing an integrated management system for external borders, including the reinforcement of interagency co-operation between, inter alia, border control, migration, asylum and law enforcement authorities of Member States at the external borders and measures within the territory, including in the maritime border area and the necessary flanking measures related to document security and identity management as well as to saving lives at sea;
Amendment 124 #
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation, the improvement of consular coverage in third countries, uniform and common administrative procedures and decisions on visa, making full use of practical improvements and flexibility provided by the Visa Code;
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) setting up and running IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union, in full respect of the Union data protection legislation;
Amendment 129 #
Proposal for a regulation
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
(e) ensuring the efficient and uniform application of the Union’s acquis on borders, asylum and visas, including the functioning of the Schengen evaluation and monitoring mechanism;
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) operating equipment, means of transport and communication systems required for effective border control and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology;
Amendment 143 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) infrastructures, buildings and operating equipment required for the processing of visa applications and consular co- operation, as well as other actions aimed at improving the quality of service for the visa applicants;
Amendment 147 #
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) studies, pilot projects and actions aiming to ensure an effective compliance with European and international law concerning respect for human rights obligations, in close cooperation with civil society.
Amendment 165 #
Proposal for a regulation
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) EUR 2,000 million57% of the global budget for the national programmes of Member States;
Amendment 183 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
1. In order to allocate the amount indicated in point c) of Article 6(1), by 1 June 2017 the Commission shall establish, on the basis of input and in consultation with the Frontex Agency, the EASO, the Fundamental Rights Agency, civil society organisations and international organisations, a report which inter alia, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020. ThreatRisk levels will be based on the burden in border management and on the threatchallenges that affected security and safety, including search and rescue operations at sea, at the external borders of the Member States in 2014-2016 and they will take into account inter alia possible future trends on migratory flows and unlawful activities at the external borders considering the likely political, economic and social developments in the third countries concerned, in particular in neighbouring countries.
Amendment 186 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
The report shall determine the level of threatrisk for each section of the external border by multiplying the length of the border section concerned with the weighing attributed to it as follows:
Amendment 187 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a – point i
Article 8 – paragraph 1 – subparagraph 2 – point a – point i
(i) factor 1 for normal threatrisk
Amendment 188 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a – point ii
Article 8 – paragraph 1 – subparagraph 2 – point a – point ii
(ii) factor 3 for medium threatrisk
Amendment 189 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a – point iii
Article 8 – paragraph 1 – subparagraph 2 – point a – point iii
(iii) factor 5 for high threatrisk;
Amendment 190 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b – point i
Article 8 – paragraph 1 – subparagraph 2 – point b – point i
(i) factor 1 for normal threatrisk
Amendment 191 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b – point ii
Article 8 – paragraph 1 – subparagraph 2 – point b – point ii
(ii) factor 3 for medium threatrisk
Amendment 192 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b – point iii
Article 8 – paragraph 1 – subparagraph 2 – point b – point iii
(iii) factor 5 for high threatrisk.
Amendment 193 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) external maritime borders shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in order to prevent irregular migration/illegal entryhigh risk areas, this shallmay be the outer limit of high threat ara contiguous zone as defined in Article 33 of the United Nations Convention on the Law of the Seas. This shall be determined by taking into account the relevant data on these operations in 2014- 2016 as provided by the Member States in question.
Amendment 195 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) supporting and expanding the existing capacity at national level in visa policy and in the management of the external borders, with a view to prevent irregular migration lives lost at sea and to facilitate legitimate travel, including border crossings by persons in need of international protection, bearing in mind inter alia new technology, developments and/or standards in relation to the management of migration flows;
Amendment 198 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating lregitimate travel toular migration and mobility and preventing irregular migration into the Union;
Amendment 201 #
Proposal for a regulation
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) increasing the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the Union, taking into account in particular the Frontex risk analysis.
Amendment 205 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) compliance with the Union acquis on borders, asylum and visa;
Amendment 210 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Commission shall set out, by implementingdelegated acts, reporting procedures on the application of this provision and any other practical arrangements, to be made between Member States and the Commission to comply with this Article. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 18(2)7.
Amendment 214 #
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) to support the preparatory, monitoring, administrative and technical support, for the development of an evaluation mechanism, required to implement external borders, asylum and visa policies, including with regard to compliance with human rights obligations and humanitarian law, including to implement Schengen governance as determined by the Schengen evaluation and monitoring mechanism as established by the Regulation (EU) No … on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and the Schengen Borders Code;
Amendment 216 #
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) to support and monitor the implementation of Union law and Union policy objectives in the Member States, and assess their effectiveness and impact, including on human rights;
Amendment 221 #
Proposal for a regulation
Article 13 – paragraph 2 – point g
Article 13 – paragraph 2 – point g
(g) to boost the capacity of European networks to assess, promote, support and further develop Union policies and objectives;