18 Amendments of Claude MORAES related to 2015/0310(COD)
Amendment 110 #
Proposal for a regulation
Recital 2
Recital 2
(2) The objective of Union policy in the field of external border management is to develop and implement European integrated border management at national and Union level, which is a necessary corollary to the free movement of persons and goods within the Union and is a fundamental component of an area of freedom, security and justice, and economic prosperity. European integrated border management is central to improving migration management and ensuring a high level of internal security within the Union, in addition to helping to ensure and enable good transport, logistics and infrastructure links across external borders.
Amendment 122 #
Proposal for a regulation
Recital 5
Recital 5
(5) European integrated border management is a shared responsibility of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks. While Member States retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all Member States which have abolished internal border control, the European Border and Coast Guard Agency should ensure the application of Union measures relating to the management of the external borders by reinforcing, assessing and coordinating the actions of Member States which implement those measures.
Amendment 126 #
Proposal for a regulation
Recital 6
Recital 6
(6) The development of the policy and legislation on external border control and return remains a responsibility of the Union institutions. ClosIn the spirit of shared competences with Member States, including in the areas of freedom, security and justice and of transport as set out in Article 4 of the Treaty on the Functioning of the European Union, close cooperation and effective coordination between the European Border and Coast Guard Agency and, those institutions and the Member States should be guaranteed.
Amendment 135 #
Proposal for a regulation
Recital 9
Recital 9
(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency. The key role of the European Border and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct return operations and return interventions while ensuring full respect of human rights in their actions and activities and the fulfilment of asylum obligations and commitments of each Member State.
Amendment 174 #
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, aincluding the restriction of free movement of persons and goods through road, maritime and rail freight routes as set by the pillars of the EU TEN-T and Connecting Europe policies, unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 208 #
Proposal for a regulation
Recital 27
Recital 27
(27) National authorities carrying out coast guard functions are responsible for a wide range of tasks, including but not limited to maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The European Border and Coast Guard Agency, the European Fisheries Control Agency established by Council Regulation (EC) No 768/2005 16 and the European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council 17 should therefore strengthen their cooperation both with each other and with the national authorities carrying out coast guard functions to increase maritime situational awareness as well as to support coherent and cost-efficient action; synergies between the various actors in the maritime environment should be in line with the EU’s integrated border management and maritime security strategy. __________________ 16 Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p.1). 17 Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p.1).
Amendment 218 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) All port and maritime authorities of the Member States and on the European Maritime Safety Authority (EMSA), and in particular on the captains of vessels sailing in the Mediterranean, should be vigilant in relation to any vessels carrying migrants and refugees who may be in danger, applying the guidelines issued by the International Maritime Organisation and the UN Refugee Agency (UNHCR) on the treatment of people rescued at sea.
Amendment 219 #
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
Amendment 220 #
Proposal for a regulation
Recital 28 c (new)
Recital 28 c (new)
Amendment 242 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein. and goods therein and helping to ensure and enable good transport, logistics and infrastructure links across external borders.
Amendment 270 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency shall establish an operational and technical strategy for the European integrated border management. It shall promote and ensure the implementation of European integrated border management in all Member States, taking into account the need to ensure consistency between Union policies and activities in line with Article 7 of the Treaty on the Functioning of the European Union.
Amendment 317 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The European Border and Coast Guard shall implement the European integrated border management as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks.
Amendment 367 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, with active support over SAR capacities and operations, as defined by the International Conventions such as SOLAS and SAR, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 518 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders, including on the proper functioning of cross-border transport, logistics and infrastructure links, and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 554 #
Proposal for a regulation
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries and those helping to ensure and enable good transport, logistics and infrastructure links across external borders;
Amendment 794 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. The Executive Director shall draw up along with the Member States and the European Institutions special provision for the staff involved in return-related activity, detailing their tasks, powers and responsibilities. Special instructions should be also set to the powers of the pilots in command and the extension of criminal law by the country of registration of the aircraft under international aviation law1. 1 Art. 3 of the Tokyo convention of 1963 - registered by the International Civil Aviation Organisation in 1969 ("the State of registration of the aircraft is competent to exercise jurisdiction over acts and offenses committed on board"
Amendment 922 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation including in the transport policy field, and in particular with the objectives of preventing and combating irregular immigration and cross-border crime including the facilitation of irregular immigration, trafficking in human beings and terrorism.
Amendment 950 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the protection of fundamental rights and ensuring and enabling good transport, logistics and infrastructure links across external borders. The Agency and the Member States shall comply with the norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards.