[ParlTrack]

Salvatore IACOLINO, Marco SCURRIA, Roberta ANGELILLI, Véronique MATHIEU HOUILLON

Draft legislative resolution
Citation 4 a (new)

– having regard to its resolution of 23 October 2013 on organised crime, corruption, and money laundering: recommendations on action and initiatives to be taken1a, with particular reference to the fight against human trafficking and death traffickers, ____________ 1a Texts adopted, P7_TA(2013)0444.

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Salvatore IACOLINO, Marco SCURRIA, Roberta ANGELILLI

Proposal for a regulation
Recital 9

(9) Pursuant to Regulation (EC) No 2007/2004, border surveillance operations coordinated by the Agency are conducted in accordance with an operational plan. Accordingly, as regards sea operations, the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place, including references to international and Union law, regarding interception, rescue at sea and disembarkation. In turn, this Regulation governs the issues of interception, rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the Agency in accordance with international law and fundamental rights.

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Salvatore IACOLINO, Marco SCURRIA, Roberta ANGELILLI

Proposal for a regulation
Recital 11 a (new)

(11a) This Regulation respects international law and, in particular, international Conventions governing search and rescue and relevant bilateral agreements which comply with international law.

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU

Proposal for a regulation
Article 4 – paragraph 3

3. In case of disembarkation in a third country, the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation. They shall inform the intercepted or rescued persons of the place of disembarkation in anthe most appropriate way possible and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement.

2013/10/31
Committee: LIBE

Georgios PAPANIKOLAOU, Véronique MATHIEU HOUILLON

Proposal for a regulation
Article 4 – paragraph 3

3. In case of disembarkation in a third country, the participating units shall identify the intercepted or rescued persons and assess their personal circumstances ~~to the extent possible before disembarkation~~. They shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement.

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 9 – paragraph 1

1. ~~During~~Before a sea operation, ~~participating units shall render assistance to any ship or person in distress at sea~~Member States shall instruct their participating units to comply with the obligation to render assistance to any ship or person in distress at sea, in accordance with applicable provisions of international Conventions governing search and rescue and fundamental rights. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Roberta METSOLA, Georgios PAPANIKOLAOU

Proposal for a regulation
Article 9 – paragraph 2

2. When facing, in the course of a sea operation, a situation of uncertainty, alert or distress ~~as regards a ship or any person on board~~, the participating unit shall forward as soon as possible all available information to the Rescue Coordination Centre responsible for the search and rescue region in which the situation occurs.

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 9 – paragraph 3

3. A ship or the persons on board shall be considered to be in a situation of uncertainty in particular when: (a) doubt exists as to the safety of a ship or the persons on board; or (b) there is lack of information concerning progress or position of a ship.deleted

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 9 – paragraph 4

4. A ship or the persons on board shall be considered to be in a situation of alert in particular when: (a) apprehension exists as to the safety of a ship or the persons on board because of information that serious difficulties exist, but not to the extent that a distress situation is likely; or (b) there is continued lack of information concerning progress or position of a ship.deleted

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 9 – paragraph 5

5. A ship or the persons on board shall be considered to be in a situation of distress in particular when: (a) positive information is received that a ship or a person on board is in danger and needs immediate assistance; or (b) attempts to establish contact with the ship fail and unsuccessful inquiries point to the probability that the ship is in distress; or (c) information is received which indicates that the operating efficiency of the ship has been impaired to the extent that a distress situation is likely.deleted

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 9 – paragraph 6

6. When assessing the situation for the purposes of paragraphs 3 to 5, participating units shall take all relevant elements into account, including: (a) the existence of a request for assistance; (b) the seaworthiness of the ship and the likelihood that the ship will not reach its final destination; (c) the number of passengers in relation to the type and condition of the ship; (d) the availability of necessary supplies such as fuel, water, food to reach a shore; (e) the presence of qualified crew and command of the ship; (f) the availability and capability of safety, navigation and communication equipment; (g) the presence of passengers in urgent need of medical assistance; (h) the presence of deceased passengers; (i) the presence of pregnant women or children; (j) the weather and sea conditions, including weather and marine forecasts.deleted

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 9 – paragraph 7

7. Participating units shall promptly communicate their assessment of the situation to the responsible Rescue Coordination Centre. While awaiting instructions from the Rescue Coordination Centre, participating units shall take all the appropriate measures to ensure the safety of the persons concerndeleted.

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 9 – paragraph 8

8. The existence of a distress situation shall not be exclusively dependent on or determined by an actual request for assistance. Where, despite a ship being perceived to be in a distress situation, the persons on board refuse to accept assistance, the participating unit shall inform the Rescue Coordination Centre and continue to fulfil a duty of care by surveying the ship at a prudent distance and by taking any measure necessary for the safety of the persons concerned, while avoiding to take any action that might aggravate the situation or increase the chances of injury or loss of life.deleted

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 9 – paragraph 9

9. Where the Rescue Coordination Centre of the third country responsible for the search and rescue region does not respond to the notification transmitted by the participating unit, the latter shall contact the Rescue Coordination Centre of the host Member State unless another Rescue Coordination Centre is better placed to assume coordination of the search and rescue situation.deleted

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 9 – paragraph 10

~~10. The participating units shall inform the International Coordination Centre as soon as possible of any contact with the Rescue Coordination Centre and of the course of action taken by them.~~deleted

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 10 – paragraph 1

1. TFor the purposes of sea operations coordinated by the Agency, the modalities for the disembarkation of the persons intercepted or rescued in a sea operation shall be set out in the operational plan. Th~~ose modalities for disembarkation shall not have the effect of im~~e participating units shall cooperate with the responsi~~ng obligations on Member States not participating in the sea operation unless they expressly provide authorisation for mea~~ble Rescue Coordination Centre to provide a suitable port or place of safety for the rescued persons and to ensures t~~o be taken in their territorial sea or contiguous zone in accordance with Article 6(4) or Article 8(2)~~heir rapid and effective disembarkation. The modalities shall be in accordance with international law and relevant bilateral agreements which comply with international law.

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 10 – paragraph 2

2. In the case of interception in the territorial sea or the contiguous zone as laid down in Article 6(2) or Article 8(1), disembarkation shall take place in the host Member State or in the participating Member State in whose territorial waters or contiguous zone the interception takes place. In the case of interception in the territorial sea or the contiguous zone as laid down in Article 6(4) or Article 8(2), disembarkation shall take place in the Member State in whose territorial waters or contiguous zone the interception takes place.deleted

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 10 – paragraph 3

3. Subject to the application of Article 4, in the case of interception on the high seas as laid down in Article 7, disembarkation may take place in the third country from which the ship departed. If that is not possible, disembarkation shall take place in the host Member State.deleted

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 10 – paragraph 4

4. In the case of search and rescue situations as laid down in Article 9, the participating units shall cooperate with the responsible Rescue Coordination Centre to provide a suitable port or place of safety for the rescued persons and to ensure their rapid and effective disembarkation. Without prejudice to the responsibility of the Rescue Coordination Centre, the host Member State and the participating Member States shall as soon as possible ensure that a port or place of safety is identified taking into account relevant factors, such as distances to the closest ports or places of safety, risks and the circumstances of the case. Where the participating unit is not released of its obligation referred to in Article 9(1) as soon as reasonably practicable, taking into account the safety of the rescued persons and that of the participating unit itself, it shall be authorised to disembark the rescued persons in the host Member State.deleted

2013/10/31
Committee: LIBE

Véronique MATHIEU HOUILLON, Georgios PAPANIKOLAOU, Roberta METSOLA

Proposal for a regulation
Article 10 – paragraph 5

5. The participating units shall inform the International Coordination Centre of the presence of any persons within the meaning of Article 4(1), and the International Coordination Centre shall convey that information to the competent national authorities. On the basis of that information, the operational plan should determine which follow-up measures may be taken.deleted

2013/10/31
Committee: LIBE

20 Amendments of Véronique MATHIEU HOUILLON related to 2013/0106(COD)

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