Activities of Timothy KIRKHOPE related to 2015/0310(COD)
Plenary speeches (1)
European Border and Coast Guard (debate)
Amendments (26)
Amendment 199 #
Proposal for a regulation
Recital 23
Recital 23
(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegally staying on the territory of Member States for officers of the competent national bodies. While developing training tools and providing trainings, special attention should be given to training on children’s rights. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.
Amendment 243 #
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 reducing pressure at the EU’s external border, managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.
Amendment 423 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Amendment 541 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time-limit foreseen in that decision, further action mayshall be taken by the Commissionuncil in accordance with Article 18.
Amendment 557 #
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) deploy European Border and Coast Guard Teams in the framework of the migration management support teams at hotspot areas to conduct return operations;
Amendment 602 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision., by making use of existing plans and procedures;
Amendment 609 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Executive Director, in coordination with other relevant Union Agencies, shall assess the request for assistance of a Member State and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned. Teams shall include child protection experts when children are involved.
Amendment 618 #
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) providing assistance in the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third- country nationals;
Amendment 624 #
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) the provision of information to persons in clear need of international protection or to applicants or potential applicants for relocation, giving particular attention to children;
Amendment 634 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. The Agency, in cooperation with the European Asylum Support Office, the Fundamental Rights Agency and other relevant Union Agencies and under the coordination of the Commission, shall ensure the compliance of these activities with the Common European Asylum System and fundamental rights. This includes the provision of shelter, hygienic conditions and facilities respecting women and children's needs in the hotspot areas.
Amendment 644 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commissionuncil by qualified majority, after consulting the Agency, mayshall adopt a decision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2).
Amendment 657 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
On duly justified imperative grounds of urgency relating to the functioning of the Schengen area, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 79(5), only until the Council has taken a decision.
Amendment 684 #
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. In the event that an EU Member State refuses to comply with the Council decision, all other EU Member States shall immediately have the right to re- establish internal border controls until full compliance is achieved, or the Member State leaves the Schengen Area;
Amendment 739 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) coordinate and / or organise the return-related activities of the Agency as set out in this Regulation;
Amendment 748 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Agency may make use of the financial means of the Union which are available in the field of return. The Agency shall ensure that in its grant agreements with Member Statesthe authorities of third countries that any financial support is conditional upon the full respect for the Charter of Fundamental Righconclusion of readmission agreements.
Amendment 806 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the United Nations Convention on the Rights of the Child, Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy, with particular attention to children's rights so as to ensure that the best interests of the child is respected in all operations.
Amendment 818 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, in particular unaccompanied minors and children with disabilities, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 827 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on children, unaccompanied minors and persons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.
Amendment 832 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Agency shall, in cooperation with the appropriate training entities of the Member States, develop specific training tools, including child specific measures when children are involved, and provide border guards and other relevant staff who are members of the European Border and Coast Guard Teams with advanced training relevant to their tasks and powers. Experts from the staff of the Agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 906 #
Proposal for a regulation
Article 46 – paragraph 1 – introductory part
Article 46 – paragraph 1 – introductory part
1. Calls on Member States to ensure the regular and accurate update of EU databases including the Schengen Information System and the European Criminal Records Information System, so that all available information can be utilised by the FRONTEX agency in order to ensure the security of the EU's external border and the good functioning of the Schengen area. The use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams shall be limited toinclude:
Amendment 921 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
Amendment 927 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1 a (new)
Article 51 – paragraph 1 – subparagraph 1 a (new)
Individuals seeking international protection should be registered, fingerprinted, and debriefed according to existing asylum procedures; background security checks should also be carried out at the EU's external borders, after which the Asylum Procedures Directive (APD) should be applied, inter alia the concepts of first country of asylum and safe country of origin, allowing the Return Office to swiftly exercise return operations. The European Coast and Border Guard (ECBG), Europol, Eurojust, the European Asylum Support Office (EASO) and national competent authorities shall work together to achieve the aim of accelerated procedures in the context of hotspots.
Amendment 955 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, as well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shall be related to the management of operational cooperation. Such arrangements shall have received the Commission’uncil's prior approval.
Amendment 1151 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languages, and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Special information tailored to children shall be provided in a clear and child-friendly way to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1153 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languagesthe official languages of the European Union and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1170 #
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
By threone years from the date of entry into force of this Regulation, and every three years thereafter, the Commission shall carry out an evaluation to assess particularly the impact, effectiveness and efficiency of the Agency’s performance and its working practices in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.