BETA

318 Amendments of Ska KELLER related to 2018/0330(COD)

Proposal for a regulation
Recital 3

(3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its activities and procedures. The key role of the Agency should be to establish a technical and operational strategy as part of the multiannual strategic policy cycle for implementation of European integrated border management, to oversee the effective functioning of border control at the external borders, to carry out risk analysis and vulnerability assessments, to provide increased technical and operational assistance to Member States and third countries through joint operations and rapid border interventions, to ensure the practical execution of measures in a situation requiring urgent action at the external borders, to provide technical and operational assistance in the support of search and rescue operations for persons in distress at sea, to organise, coordinate and conduct return operations ~~and return interventions and provide technical and operational assistance to return activities of third countries~~.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 5

(5) However, the Union’s framework in the area of control of external borders, returns and asylum. 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~~manage the external borders, fight ~~secondary movements and significantly step up the effective return of irregular migrants~~and combat cross-border crime.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 7

(7) It is necessary to monitor the crossing of the external borders efficiently, address ~~migratory challenges~~cross-border crime and potential future threats at the external borders, ensure a high level of internal security within the Union, safeguard the functioning of the Schengen area and respect the overarching principle of solidarity. That should be accompanied by the proactive management of migration, including the necessary measures in third countries. In view of what has been stated, it is necessary to consolidate the European Border and Coast Guard and to further expand the mandate of the European Border and Coast Guard Agency. The Agency should be constituted principally by a European Border and Coast Guard standing corps consisting of 10,000 operational staff.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 10

(10) European Integrated Border Management should be implemented as a shared responsibility of the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance and search and rescue operations and any other border control tasks, and those responsible for returns. While Member States retain the primary responsibility for the management of their external borders in their interest and in the interest of all Member States and are responsible for issuing return decisions, the Agency should support the application of Union measures relating to the management of the external borders and returns by reinforcing, assessing and coordinating the actions of Member States which implement those measures.

2018/12/11
Committee: LIBE

Proposal for a regulation
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.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 1954 United Nations Convention Relating to the Status of Stateless Persons and other relevant international instruments.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 23

(23) The European border surveillance system (EUROSUR) is necessary for the functioning of the European Border and Coast Guard in order to frame the exchange of information and the operational cooperation between national authorities of Member States as well as with the Agency. EUROSUR is providing those authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability at the external borders for the purpose of detecting, preventing ~~and combating illegal im~~irregular migration and combating cross- border crime and contributing to saving and ensuring the protection of the lives of migrants.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 27

(27) The Agency should provide the necessary assistance for the development and operation of EUROSUR ~~including the interoperability of systems~~, in particular by establishing, maintaining and coordinating the EUROSUR framework.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 smuggling of drugs and weapons, trafficking in human beings or smuggling of migrants. That said, Article 1(2) of Council Directive 2002/90/EC19 ~~allows~~provides that Member States may 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).

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 35

(35) In a spirit of shared responsibility, the role of the Agency should be to monitor regularly the management of the external borders, including the respect for fundamental rights as part of border management activities. The Agency should ensure proper and effective monitoring not only through situational awareness and risk analysis, but also through the presence of experts and fundamental rights monitors from its own staff in Member States. The Agency should therefore be able to deploy liaison officers and staff of the Fundamental Rights Officer to Member States for a period of time during which the liaison officer and FRO staff reports to the executive director~~. The report of the liaison officers~~ and to the Fundamental Rights Officer. The report of the liaison officers and staff of the Fundamental Rights Office should form part of the vulnerability assessment.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 ~~illegal immigration or~~ cross- border crime or irregular migration. 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.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 43

(43) Member States should ensure that any authorities which are likely to receive applications for international protection such as the police, border guards, immigration authorities and personnel of detention facilities have the relevant information. They should also ensure that such authorities' personnel receive the necessary level of training which is appropriate to their tasks and responsibilities ~~and~~, instructions to inform applicants as to where and how applications for international protection may be lodged and instructions to as to how to refer persons in a vulnerable situation and unaccompanied children to the appropriate referral mechanisms.

2018/12/11
Committee: LIBE

Proposal for a regulation
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.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 re~~turn procedure with regard to third country nationals whose application for international protection is rejected~~ferral to the appropriate referral mechanisms of vulnerable persons and unaccompanied children. 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.

2018/12/11
Committee: LIBE

Proposal for a regulation
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, 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.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 48

(48) In controlled centres, Union agencies should, at the request of the Member State hosting such centres and under the coordination of the Commission, act in support of the host Member State to apply rapid procedures for international protection and/or return. In such centres, it should be possible to distinguish quickly between third-country nationals in need of international protection and those who are not in need of such protection, to carry out security checks and to carry out the entire or part of the procedure for international protection and/or return.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 51

(51) The European Border and Coast Guard standing corps should be a standing corps composed of 10,000 operational staff being border guards, return escorts, return specialists, return monitors, fundamental rights monitors and other relevant staff. The standing corps should be composed of three categories of operational staff, namely statutory staff members employed by the European Border and Coast Guard Agency, staff seconded to the Agency by the Member States for long term durations and staff provided by Member States for short term deployments. The European Border and Coast Guard standing corps should be deployed in the framework of border management teams, migration management support teams or return teams.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 52

(52) The operational staff of the European Border and Coast Guard standing corps deployed as members of the teams should have the all the necessary powers to carry out border control, fundamental rights monitoring and return tasks, including the tasks requiring executive powers defined in the relevant national laws or, for the staff of the Agency, in accordance with Annex V.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 56

(56) In view of deployment of the European Border and Coast Guard standing corps ~~in the territory of third countries, the Agency should develop the capabilities for its own command~~, the Agency should develop appropriate procedures to ensure the civil and criminal liability and account~~rol structure~~ability of the standing corps.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 64

(64) The long-term development of new capabilities within the European Border and Coast Guard should be coordinated between the Member States and the Agency in line with the multiannual strategic policy cycle, taking into account the long duration of certain processes. This includes the recruitment and training, including on fundamental rights and the implementation of the complaints mechanism and fundamental rights strategy of new border guards, (which could during their career serve both in Member States and as part of the standing corps), the acquisition, maintenance and disposal of equipment (for which opportunities for interoperability and economies of scale should be sought) but also the development of new equipment and related technologies including through research.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 i~~llegal immigration and represents an important issue of substantial public interest~~rregular migration. _________________ 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).

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 68

(68) The Agency should step up its assistance to Member States for returning third-country nationals, subject to the Union return policy and in compliance with Directive 2008/115/EC. In particular, it should coordinate and organise return operations from one or more Member States ~~and organise and conduct return interventions~~ to reinforce the return systems of Member States requiring increased technical and operational assistance to comply with their obligation to return third-country nationals in accordance with that Directive.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 69

(69) The Agency should, in full respect for fundamental rights and without prejudice for the Member States’ responsibility for issuing return decisions, provide technical and operational assistance to Member States in the return process, including ~~the preparation of return decisions,~~ identification of third country nationals and other pre-return and return-related activities of the Member States. In addition, the Agency should assist Member States in the acquisition of travel documents for return, when this would not violate the principle of non- refoulement, in cooperation with the authorities of the relevant third countries.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 70

(70) The assistance to Member States in carrying out return procedures should include the provision of practical information on third countries of return relevant for the implementation of this Regulation, such as the provision of contact details or other logistical information necessary for the smooth conduct of return operations. The assistance should also include setting up, operating and maintaining a central system for processing all information and data necessary for the Agency to provide technical and operational assistance in accordance with the Regulation, automatically communicated by the Member States’ national return management systemdignified conduct of return operations.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 71

(71) The Agency should also provide technical and operational assistance to return activities of third countries, in particular when such assistance is justified by the priorities of the irregular migration policy of the Union.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
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 of arbitrary detention and the prohibition of torture inhuman or degrading treatment or punishment.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 73

(73) Member States should be able to cooperate at operational level with other Member States and/or third countries at the external borders, ~~including military operations with a law enforcement purpose, to the extent that that cooperation is compatible with~~to the extent that that cooperation is compatible with a fundamental rights assessment to be carried out prior to any cooperation with third countries and the actions of the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 75

(75) Cooperation with third countries is an element of European Integrated Border Management. It should serve to promote European border management and dignified 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~~fundamental rights compliance and efficiency, including the deployment of the European Border and Coast Guard standing corps when such support is required to ~~protect~~manage external borders ~~and the effective management of the Union’s migration policy~~. A status agreement as a legal basis shall be needed when the teams of the Agency’s deploys to third countries exercise executive powers.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 76

(76) Cooperation with third countries should take place in the framework of the external action of the Union ~~and~~, in line with the principles and objectives of Article 21 of the Treaty on European Union and subject to a fundamental rights assessment to be carried out prior to the engagement in any cooperation with third countries. The Commission will ensure consistency between the European Integrated Border Management and other Union policies in the field of the Union’s external action and in particular the Common Security and Defence Policy. The Commission should be assisted by the High Representative of the Union and his or her services. Such cooperation should apply in particular to the activities of the Agency taking place on the territory of third countries or involving third country officials in areas such as risk analysis, planning and conduct of operations, training, information exchange and cooperation.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 78

(78) This Regulation includes provisions on cooperation with third countries, because well-structured ~~and permanent~~ exchange of information and cooperation with ~~those countries including but not limited to~~ neighbouring third countries, are key factors for achieving the objectives of European Integrated Border Management. It is essential that any exchange of information and any cooperation between Member States and third countries be carried out in full compliance with fundamental rights. To this end, a fundamental rights assessment and a data protection impact assessment should be carried out prior to the engagement in any cooperation with third countries.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 83

(83) During the transitional period, it should be ensured that the FADO system is fully operational until the transfer is effectively carried out and the existing data are transferred to the new system. The ~~ownership of~~control over the existing data should then be transferred to the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 85

(85) In the context of return it ~~frequentl~~may happens that third country nationals do not hold any identification documents ~~and do not cooperate~~. Given the particular policy need onf establishing ~~their identity by withholding information or providing incorrect personal data. Given the particular policy need of expediency of return procedure~~dignified return procedures which fully comply with fundamental rights, it is necessary for the Agency to ~~be able to restrict certain~~guarantee at all times the rights of data subjects so as to ~~prevent that the abuse of such rights may imped~~ensure the proper implementation of return procedures and successful enforcement of return decisions by the Member States or prevent the Agency from performing its tasks efficiently. Notably, the exercise of the right to the restriction of processing may significantly delay and obstruct the performance of the return operations. Furthermore, in some cases the right of access by the data subject may jeopardise a return operation by increasing the risk of absconding should the data subject learn that the Agency is processing his or her data in the context of a planned return operation. The right to rectification, on the other hand, may increase the risk that the third country national in question will be misleading the authorities by providing incorrect datain full compliance with fundamental rights.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 86

(86) In order to properly implement its tasks in the area of return, including by assisting Member States in the proper implementation of return procedures and successful enforcement of return decisions, as well as to facilitate return operations, the Agency may need to transfer personal data of returnees to third countries. The third countries of return are not often subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679, or under Article 36 of Directive (EU) 2016/680, and have often not concluded ~~or do not intend to conclude~~ a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 49 of [Regulation (EU) 45/2001] or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. However, despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for personal data, ~~cover a limited number of such~~should include binding and enforceable data protection assurances by those third countries. In the situation where such agreements do not yet exist, personal data should be transferred by the Agency for the purposes of facilitating the return operations of the Union~~, when the conditions laid down in Article 49(1)(d) of [Regulation (EU) 45/2001] are met~~.

2018/12/11
Committee: LIBE

(88) This Regulation should establish a complaints mechanism for the Agency in cooperation with the fundamental rights officer and with the EU Ombudsman, to safeguard the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The fundamental rights officer should review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the executive director, forward complaints concerning members of the teams to the home Member State and EU Ombudsman, and register the follow-up by the Agency or that Member State. The mechanism should be effective, ensuring that complaints are properly followed up. The complaints mechanism should be without prejudice to access to administrative and judicial remedies and not constitute a requirement for seeking such remedies. Criminal investigations should be conducted by the Member States. In order to increase transparency and accountability, the Agency should report on the complaints mechanism in its annual report. It should cover in particular the number of complaints it has received, the types of fundamental rights violations The Fundamental Rights Officer should be independent as regards technical and operational matters and have administrative and financial autonomy. The fundamental rights officer shall be provided with the resources and staff with the skills and seniority commensurate to the expansion of activities and powers of the Agency and necessary to enable him or her to effectively perform the variety of tasks in accordance with this Regulation. Any regular or extraordinary assignment of staff to the Agency must be accompanied with the proportional allocation of staff to support the fundamental rights officer involved, the operations concerned and, where possible, the follow-up measures taken by the Agency and Member States. The Fundamental Rights Officer should have access to all information concerning respect for fundamental rights in relation to all the activities of the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 90

(90) The Commission and the Member States should be represented within a management board to exercise oversight over the Agency. The European Parliament should be represented as observer within the management board to exercise public scrutiny over the Agency. The management board should, where possible, consist of the operational heads of the national services responsible for border guard management or their representatives. The parties represented in the management board should make efforts to limit turnover of their representatives in order to ensure continuity of the management board's work. The management board should be entrusted with the necessary powers to establish the Agency's budget, verify its execution, adopt appropriate financial rules, establish transparent working procedures for decision-making by the Agency and appoint the executive director and three deputy executive directors each of whom could be assigned responsibilities in a certain field of competences of the Agency, such as managing the European Border and Coast Guard standing Corps, overseeing the Agency’s tasks regarding returns or managing the involvement in the large scale IT systems. The Agency should be governed and operated taking into account the principles of the common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the Commission.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1

This Regulation establishes a European Border and Coast Guard to ensure European Integrated Border Management at the external borders with a view to managing the ~~crossing of those external borders efficiently, as well as increasing the efficiency~~borders efficiently, and to ensure the protection and saving the lives of migrants and refugees in full compliance with the principle of non- refoulement and fundamental rights, as well as increasing the efficiency and compliance with fundamental rights of the common return policy as a key component of sustainable migration management.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 2

The Regulation addresses ~~migratory challenges, including return, and~~ potential future threats at those borders, such as smuggling of weapons and goods, thereby contributing to addressing serious crime with a cross-border dimension, to ensure a high level of internal security within the Union in full respect for fundamental rights, while safeguarding the free movement of persons within it.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)

(13 a) Neighbouring country means a country which shares a common land border with one or more Member States and which have ratified and implemented in full the European Convention on Human Rights and the 1951 Convention Relating to the Statues of Refugees and the 1967 Protocol thereto

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 14

(14) ‘incident’ means a situation relating to i~~llegal im~~rregular migration, cross-border crime, such as smuggling of drugs or weapons, or a risk to the lives of migrants at, along or in the proximity of, the external borders;

2018/12/11
Committee: LIBE

Proposal for a regulation
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, EU Agency for Fundamental Rights or other relevant Union agencies as well as from Member States;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 24

(24) ‘controlled centre’ means a centre, established at the request of the Member State, where relevant Union agencies in support of the host Member State and with participating Member States, distinguish between third-country nationals in need of international protection and those who are not in need of such protection, as well as carry out security checks and where they apply rapid procedures for international protection and/or return;deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 28

(28) ‘return operation’ means an operation that is organised or coordinated by the European Border and Coast Guard Agency and involves technical and operational reinforcement provided to one or more Member States ~~or to a third country~~, under which returnees from one or more Member States ~~or from a third country~~ are returned, either on a forced or voluntary basis, irrespective of the means of transport;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 29

(29) ‘return intervention’ means an activity of the European Border and Coast Guard Agency providing Member States or third countries with enhanced technical and operational assistance consisting of the deployment of return teams and the organisation of return operations;deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point 30

(30) ‘return teams’ means teams formed from the European Border and Coast Guard standing corps to be deployed during return operations, ~~return interventions in Member States and third countries or other operational activities~~ linked to the implementation of return- related tasks;

2018/12/11
Committee: LIBE

Proposal for a regulation
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 and terrorism, and measures related to the referral of persons who are in need of, or wish to apply for, international protection, in full respect of human dignity;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(a a) establishment and maintenance of clear mechanisms and procedures, in cooperation with relevant authorities, for the identification of, provision of information and referral of persons who may be in need of international protection or for the referral of vulnerable persons and unaccompanied minors to the relevant referral mechanisms and authorities;

2018/12/11
Committee: LIBE

Proposal for a regulation
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 and international 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;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point f

(f) cooperation among the relevant Union institutions, bodies, offices and agencies in the areas covered by this Regulation, including cross-border crime, including through regular exchange of information;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point i

(i) dignified return of third-country nationals who are the subject of return decisions issued by a Member State;

2018/12/11
Committee: LIBE

Proposal for a regulation
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, a~~t all external borders.~~ nd promote the application of the Charter of Fundamental Rights of the European Union in all its activities. Its contribution shall include the exchange of good practices.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1 a (new)

(1 a) The Agency shall ensure that the management of external borders, in cases foreseen in this Regulation, is undertaken in full compliance with the Charter of Fundamental Rights, the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees and relevant Union law.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 3

(3) Member States shall ensure the management of their external borders and the enforcement of return decisions, full compliance with fundamental rights and in their own interests and in the common interest of all Member States in full compliance with Union law and in line with the multiannual strategic policy cycle for European Integrated Border Management referred to in Article 8, in close cooperation with the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 3 a (new)

(3 a) Member States and the Agency shall comply with fundamental rights, in particular the principles of non- refoulement and respect for human dignity and data protection requirements, when applying this Regulation. They shall give priority to the special needs of children, unaccompanied minors, victims of human trafficking, persons in need of urgent medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 5

(5) Member States may continue cooperation at an operational level with other Member States and/or third countries, where such cooperation is compatible with a fundamental rights assessment to be carried out prior to any cooperation with a third country and with the tasks of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives. Member States shall report to the Agency and to the European Parliament on that operational cooperation with other Member States and/or third countries at the external borders and in the field of return. The executive director shall inform the management board and the Fundamental Rights Officer on those matters on a regular basis and at least once a year.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 5 a (new)

(5 a) Member States hold primary responsibility for the implementation of the relevant international, EU or national legislation and law enforcement actions undertaken in the context of joint operations coordinated by the Agency and therefore also for the respect of fundamental rights during this activities. The Agency is also responsible, as the coordinator, and remains fully accountable for all actions and decisions under its mandate. The Commission, in cooperation with the Agency, the Council and relevant stakeholders, shall further analyse provisions related to accountability and liability and redress any potential or actual gaps connected to activities of the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 5 b (new)

(5 b) The European Border and Coast Guard Agency shall be responsible, as the coordinator, and liable for all actions and decisions taken in the context of its activities. Responsibility of the Agency shall be without prejudice to responsibility of the Member States under relevant international, Union or national law.

2018/12/11
Committee: LIBE

Proposal for a regulation
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. The multiannual strategic policy cycle and the integrated planning regulated in Article 9 of this Regulation must comply with Union law and the 1951 Convention relating to the Status of Refugees, as well as with other relevant international human rights instruments.

2018/12/11
Committee: LIBE

Proposal for a regulation
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.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 i~~llegal~~rregular migration, cross-border crime and the challenges identified in the multiannual strategic policy cycle for European Integrated Border Management.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 4 a (new)

4 a. monitor the compliance with fundamental rights at the external borders and in return operations through the Fundamental Rights Officer and independent return monitors in cooperation with the EU Agency for Fundamental Rights;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 6

6. assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, ~~taking into account that some situations may involve~~including humanitarian emergencies and rescue at sea in accordance with Union and international law;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 7

7. 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 challenges, ~~taking into account that some situations may involve~~including humanitarian emergencies and rescue at sea in accordance with Union and international law;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)

7 a. assist Member States in ensuring the protection and saving lives of migrants and refugees in accordance with Regulation (EU) No656/2014 of the European Parliament and of the Council;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 8

8. provide technical and operational assistance to Member States ~~and third countries~~ in accordance with Regulation (EU) No 656/2014 and international law, in support of search and rescue operations for persons in distress at sea which may arise during border surveillance operations at sea;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 12

12. within the framework of the migration management support teams at hotspot areas ~~or in controlled centres~~;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 14

14. establish a procedure for referring and providing initial information to persons who are in need of, or wish to apply for, international protection, , including a procedure for the identification of vulnerable groups, in cooperation with the [European Union Agency for Asylum] and competent national authorities;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 15

15. provide assistance and monitoring of fundamental rights compliance in all stages of the return process and with the coordination and organisation of return operations, as well as return interventions;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 17

17. set up a pool of forced-return monitors in cooperation with the EU Fundamental Rights Agency;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 20

20. cooperate with the European Union Agency for Asylum in particular to facilitate ~~measures where~~referral procedures and access to asylum procedures for third country nationals~~, whose application~~ applying for international protection ~~has been rejected by means of a final decision, are subject to return~~;

2018/12/11
Committee: LIBE

Proposal for a regulation
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 in all its activities;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 21

21. cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency, within their respective mandates, to support the national authorities carrying out the coast guard functions set out in Article 70, including the saving of lives of migrants and refugees, by providing services, information, equipment and training, as well as by coordinating multipurpose operations;

2018/12/11
Committee: LIBE

Proposal for a regulation
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~~;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 23

~~23. support third countries in the coordination or organisation of return activities to other third countries, including the sharing of personal data for return purposes;~~deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
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 on fundamental rights and on the establishment of common training standards;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 26

26. participate in the development and management of research and innovation activities relevant for the ~~control~~management and surveillance of the external borders, including the use of advanced surveillance technology, and develop pilot projects regarding matters covered by this Regulation;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 27

27. support the development of technical standards of equipment in the area of border ~~control~~management and return including for interconnection of systems and networks;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 29

29. develop and operate, in accordance with [Regulation (EC) No 45/2001], information systems that enable swift and reliable exchanges of information regarding emerging risks in the management of the external borders, i~~llegal im~~rregular migration and return, in close cooperation with the Commission, Union bodies, offices and agencies as well as the European Migration Network established by Decision 2008/381/EC;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point 30 a (new)

30 a. adopt and promote the highest standards for border management practises, allowing for transparency and public scrutiny and ensuring respect, protection and promotion of fundamental rights and rule of law;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1

The Agency shall communicate on ~~its own initiative on~~ matters falling within its mandate. It shall provide the public with accurate, detailed, timely and comprehensive information about its activities and analyses.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 3

3. The Agency and the [European Union Agency for Asylum] shall exchange information for the purpose of risk analysis, collection of statistical data, assessment of the situation in third countries, including the fundamental rights situation, training and the support to Member States on contingency planning. For those purposes, the necessary tools and structures shall be developed between the Agencies.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 4

4. In relation to return, the Agency shall develop and operate a central return management system for processing all information necessary for the Agency to provide operational assistance in accordance with Article 49 automatically communicated by the Member States’ national systems, including operational return data.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 19 – paragraph 1

(1) EUROSUR shall apply to border checks at authorised border crossing points, and to the surveillance of external land, sea and air borders, including the monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating i~~llegal im~~rregular migration and cross- border crime and contributing to ensuring the protection and saving the lives of migrants.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 22 – paragraph 3

(3) In pre-defined cases, as determined at national level, the national coordination centre may authorise an authority referred to in paragraph 1 to communicate and exchange information with the regional authorities or the national coordination centre of another Member State or the competent authorities of a third country on condition that such authority regularly informs its own national coordination centre of such communication and information exchange.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2 – point a

(a) an events layer including all events and incidents related to unauthorised border crossings~~, cross-border crime, and the detection of unauthorised secondary movements~~;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 1

(1) The Agency shall establish and maintain a European situational picture in order to provide the national coordination centres and the Commission with effective, accurate and timely information and analysis, covering the external borders, the pre-frontier area ~~and unauthorised secondary movements.~~;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 3 – point c

(c) incidents in the operational area of a joint operation, or rapid intervention coordinated by the Agency, or in a hotspot ~~or controlled centre~~.

2018/12/11
Committee: LIBE

Proposal for a regulation
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.

2018/12/11
Committee: LIBE

(1) The Agency and the Member States may establish and maintain specific situational pictures in order to support specific operational activities at the external borders or to share information with third parties referred to in Article 69 or third countries as provided for in Article 76 or with both. (2) The specific situational pictures shall be composed of a sub-set of information of the national and European situational pictures. (3) The modalities for establishing and sharing the specific situational pictures shall be described in the operational plan for the operational activities concerned and in the bilateral or multilateral agreement when the specific situational picture is established in the framework of a bilateral or multilateral cooperation with third countries.Article 28 deleted Specific situational pictures

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 29 – paragraph 2 – point a

(a) selective monitoring of designated third-country ports and coasts which have been identified through risk analysis and information as being embarkation or transit points for vessels or other craft used for i~~llegal im~~rregular migration or cross-border crime;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 29 – paragraph 2 – point b

(b) tracking of vessels or other craft over high seas which are suspected of, or have been identified as, being used for i~~llegal im~~rregular migration or cross-border crime;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 29 – paragraph 2 – point c

(c) monitoring of designated areas in the maritime domain in order to detect, identify and track vessels and other craft being used for, or suspected of being used for, i~~llegal im~~rregular migration or cross-border crime;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 29 – paragraph 2 – point d

(d) environmental assessment of designated areas in the maritime domain and at the external land and air borders in order to optimise search and rescue, monitoring and patrolling activities;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 29 – paragraph 2 – point e

(e) selective monitoring of designated pre-frontier areas at the external borders which have been identified through risk analysis and information as being potential departure or transit areas for i~~llegal im~~rregular migration or cross-border crime;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 29 – paragraph 2 – point f

(f) monitoring of migratory flows and loss of lives of migrants attempting travelling towards and within the Union;

2018/12/11
Committee: LIBE

Proposal for a regulation
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 for preventing i~~llegal im~~rregular migration 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).

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 29 – paragraph 2 – point h

(h) analysis of large-scale information systems for the purpose of detecting changing routes and methods used for i~~llegal im~~rregular migration and cross-border crime.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 30 – paragraph 1

1. The Agency shall monitor migratory flows towards and within the Union, loss of lives as part of the migratory process, trends and other possible challenges at the external borders of the Union and with regard to return. For this purpose, the Agency shall, by a decision of the management board based on a proposal of the executive director, establish a common integrated risk analysis model, which shall be applied by the Agency and the Member States. The common integrated risk analysis model shall be updated based on the outcome of the evaluation of the multiannual Strategic policy cycle for European Integrated Border Management referred to in Article 8 (7). The Agency shall also carry out the vulnerability assessment in accordance with Article 33.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 30 – paragraph 3

3. The risk analyses referred to in paragraph 2 prepared by the Agency shall cover all aspects relevant to European Integrated Border Management, including the protection of fundamental rights with a view to developing a pre-warning mechanism.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 30 – paragraph 3 a (new)

3 a. The Agency shall develop and make public its methodology and criteria for the risk analysis.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 30 – paragraph 5 a (new)

5 a. In the results of risk analyses, data shall be anonymised.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 32 – paragraph 3 – point b

(b) support the collection of information required by the Agency for the monitoring of i~~llegal im~~rregular migration and risk analyses referred to in Article 30;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 32 – paragraph 3 – point e a (new)

(e a) report regularly on the compliance with fundamental rights at the external borders and return; report also on the follow-up of any complaints involving one or more Member States;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 32 – paragraph 4 a (new)

4 a. If the liaison officer's reports referred to in point (f) of paragraph3 raise concerns about fundamental rights compliance for the Member State concerned, the EU Ombudsman and the EU Fundamental Rights Agency will be informed without delay by Fundamental Rights Officer.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 33 – paragraph 2

2. The Agency shall monitor and assess the availability of the technical equipment, systems, capabilities, resources, infrastructure, adequately skilled and trained staff of Member States necessary for border control as defined in Article 3(1)(a) in fully respect of fundamental rights. In this context, the Agency shall assess the capability development plans referred to in Article 67 (4) as regards their feasibility and implementation. For future planning it shall do so as a preventive measure on the basis of a risk analysis prepared in accordance with Article 30 (2). The Agency shall carry out such monitoring and assessment at least once a year, unless the executive director, based on risk assessments or a previous vulnerability assessment, decides otherwise.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 33 – paragraph 2 a (new)

2 a. The vulnerability assessment shall be based on objective criteria. The Management Board shall decide on the criteria.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 33 – paragraph 2 b (new)

2 b. The assessment of respect for fundamental rights shall include the presence and effectiveness of the instruments in place to ensure the protection and saving of lives of refugees and migrants, access to information and quality legal assistance, referral to relevant procedures and access to effective remedies for persons arriving at the border and returnees. The methodology for this aspect of the vulnerability assessment shall be established in consultation with the Fundamental Rights Officer and the Consultative Forum, as well as other relevant EU agencies, such as the [European Union Agency for Asylum] and EU Agency for Fundamental Rights.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 33 – paragraph 3

3. Without prejudice to Articles 9 and 67, Member States shall, at the request of the Agency, provide information ~~as regards~~necessary for the vulnerability assessment in particular as regards the state of functioning of all procedures at the border in accordance with Chapter II of Directive 2013/32/EU of the European Parliament and of the Council, technical equipment, staff and to the extent possible, the financial resources available at national level to carry out border control. Member States shall also provide information on their contingency plans on border management at the Agency's request.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 33 – paragraph 5 a (new)

5 a. In the vulnerability assessment, the Agency shall pay particular attention to fundamental rights.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 drecisommendation 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 drecisommendation, the management board shall notify the Council and the Commission and further action may be taken in accordance with Article 43.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 34 – paragraph 3

3. The arrangements referred to in paragraph 2 shall cover results of the Schengen evaluation mechanism in the area of return to ensure the full awareness of the Agency on the identified shortcomings in view of ~~enabling it to propose appropriate measures to support Member States concerned in this regard~~developing its risk analysis reports.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 35 – paragraph 1 – point a

(a) low impact level where the incidents ~~related to illegal immigration or cross-border crime~~ occurring at the relevant border section have an insignificant impact on border security;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 35 – paragraph 1 – point b

(b) medium impact level where the incidents ~~related to illegal immigration or cross-border crime~~ occurring at the relevant border section have a moderate impact on border security;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 35 – paragraph 1 – point c

(c) high impact level where the incidents ~~related to illegal immigration or cross-border crime~~ occurring at the relevant border section have a significant impact on border security;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 35 – paragraph 1 – point d

(d) critical impact level where the incidents ~~related to illegal immigration or cross-border crime~~ occurring at the relevant border section have a decisive impact on border security to such an extent that they risk jeopardising the functioning of the Schengen Area.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 37 – paragraph 1

1. A Member State may request the Agency's assistance in implementing its obligations with regard to the control of the external borders and to the protection and saving of lives of migrants and refugees. The Agency shall also carry out measures in accordance with Article 42 and Article 43.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 37 – paragraph 2 – point c

(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with third countries which share a common land border with one or more Member States and which have ratified and implement in full the European Convention on Human Rights and the 1951 Convention Relating to the Status of Refugees and the1967 Protocol thereto;

2018/12/11
Committee: LIBE

Proposal for a regulation
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;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 37 – paragraph 2 – point e

(e) within the framework of operations mentioned in points (a), (b) and (c) of this paragraph and in accordance with Regulation (EU) No 656/2014 and international law, provide technical and operational assistance to Member States and neighbouring third countries, in support of search and rescue operations for persons in distress at sea which may arise during border surveillance operations at sea;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 37 – paragraph 3 a (new)

3a. An operational engagement of the Agency shall require a prior assessment, drawing on a broad range of sources, to identify if there are risks of fundamental rights violations or deficiencies in relevant civil and criminal laws procedures that would make the cooperation incompatible with legal obligations, in particular to ensure protection from refoulement and the right to an effective remedy.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 1

1. A Member State may request that the Agency launch joint operations to face upcoming challenges, including i~~llegal im~~rregular migration, 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.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 39 – paragraph 3 – point d

(d) a description of the tasks, responsibilities, including with regard to the respect for fundamental rights, and special instructions for the teams and for the officers involved in activities of the Agency, including on permissible consultation of databases and permissible service weapons, ammunition and equipment in the host Member State;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 39 – paragraph 3 – point m

(m) procedures setting out a mechanism to receive and transmit to the Agency a complaint against all persons participating in a joint operation ~~or rapid border~~, including with third countries, in a rapid border intervention, migration management teams at hotspot areas, return operation or return intervention, including border guards or other relevant staff of the host Member State and members of the teams alleging breaches of fundamental rights in the context of their participation in a joint operation or rapid border intervention;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 39 – paragraph 3 – point n a (new)

(n a) detailed provisions on fundamental rights safeguards;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 39 – paragraph 3 – point n b (new)

(n b) provisions on risks of fundamental rights violations and steps taken to avoid such violations and ensure accountability for and non-repetition of such violations, including in relations to the powers to suspend and terminate an operation in accordance with Article 47.

2018/12/11
Committee: LIBE

Proposal for a regulation
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~~.

2018/12/11
Committee: LIBE

Proposal for a regulation
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, EU Agency for Fundamental Rights or other relevant Union agencies, as appropriate.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 41 – paragraph 4 – introductory part

4. The technical and operational reinforcement provided, in full respect for fundamental rights, by ~~migration management support teams~~experts deployed by the Agency as part of migration management support teams shall be strictly limited to the performance of border guard functions and may include:

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 41 – paragraph 4 – point a

(a) assistance in s~~creening~~ecurity checks 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, security checks~~ and providing information regarding the purpose of these procedures;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 41 – paragraph 4 – point b

(b) in~~itial information to~~formation on the possibility to apply for international protection and the referral of persons w~~ho w~~ishing to apply for international protection ~~and their referral~~, victims of trafficking in human beings, unaccompanied children and persons in a vulnerable situation to the competent national authorities of the Member State concerned or to the experts deployed by [the European Union Agency for Asylum] and referral of all children and families with children to child protection experts of the national authorities of the Member State or of the EU Agencies;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 41 – paragraph 4 – point b a (new)

(b a) supporting the European Asylum Support Office in the provision of information on the asylum procedure, procedural rights and other fundamental rights, to all persons in accordance with Articles 6, 8 and12 of the Directive 2013/32/EU.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 41 – paragraph 4 – point c

(c) technical and operational assistance in the return process, ~~including in the preparation of return decisions,~~ acquisition of travel documents, preparation and organisation of return operations, including with regard to voluntary returns, in full respect of fundamental rights, due process and the principle of non-refoulement;

2018/12/11
Committee: LIBE

Proposal for a regulation
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, to the return procedure~~.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 41 – paragraph 6

6. Migration management support teams shall~~, where necessary,~~ include staff with expertise in child protection, trafficking in human beings, protection of fundamental rights and against gender- based violence and persecution.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2

the Commission, after consulting the Agency, may adopt without delay a drecisommendation by means of an implementing act in accordance with the procedure as referred to in Article 117(3), 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.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 3

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 117(4).deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 3 – introductory part

3. To mitigate the risk of putting in jeopardy the Schengen area, the Commission decision referred to in paragraph 1 shall ~~provide for~~recommend one or more of the following measures to be taken by the Agency:

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 3 – point c

(c) coordinate activities for one or more Member States and neighbouring third countries at the external borders~~, including joint operations with third countries~~;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 3 – point e

~~(e) organise return interventions.~~deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 4 – introductory part

4. The executive director shall, within two working days from the date of adoption of the Commission drecisommendation referred to in paragraph 1,

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 4 – point a

(a) determine the actions to be taken for the practical execution of the measures identified in that drecisommendation, including the technical equipment and the number and profiles of the operational staff needed to meet the objectives of that drecisommendation;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 5

5. The executive director and the Member State concerned shall draw up the operational plan within two working days from the date of its submission, unless the Member State concerned objects to the implementation of the Commission recommendation.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 8

8. The Member State concerned shall ~~8. comply with~~state reasons, if it objects to the implementation of the Commission drecisommendation referred to in paragraph 1. ~~For that purpose it shall immediately~~If the Member State concerned does not object, it shall 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 drecisommendation and the practical execution of the measures set out in that drecisommendation and in the operational plan.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 9 – subparagraph 2

If the Member State concerned does not comply with the Commission 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.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 44 – paragraph 2

2. The Agency, through its coordinating officer, may communicate its views to the host Member State on the instructions given to the teams including with regard to the protection, respect and promotion of fundamental rights. In that case, the host Member State shall take those views into consideration and follow them to the extent possible.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 44 – paragraph 4

4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, pay particular attention to vulnerable persons and fully respect fundamental rights, including access to asylum procedures, and human dignity. 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 on grounds of ~~sex~~gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 47 – paragraph 4

4. ~~The executive director shall, after consulting the fundamental rights officer and~~Based on a recommendation by the fundamental rights officer, the executive director shall, after informing the Member State concerned, withdraw the financing of or suspend or terminate, in whole or in part, 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,~~operation carried out in the territory of a third country, or 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. This decision shall be taken on the ground of objective and public criteria and shall be based on relevant information resulting from the Agency complaints mechanism, 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 and reputable national and international non governmental organisations.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 48 – paragraph 1

The executive director shall evaluate the results of the joint operations and rapid border interventions, pilot projects, migration management support team deployments, return operations, return interventions and operational cooperation with third countries. With regard to the respect of fundamental rights, the executive director shall take the opinion of the Fundamental Rights Officer into account. He or she shall transmit detailed evaluation reports within 60 days following the end of those activities to the management board, together with the observations of the fundamental rights officer. The executive director shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future activities, and shall include that analysis in the Agency's annual activity report.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 1 – introductory part

1. The Agency ~~shall~~may, with regard to return, and in accordance with the respect for fundamental rights, in particular the principle of non-refoulement, and general principles of Union law as well as for international law, including refugee protection and children's rights~~, in particular~~:

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 1 – point a

(a) provide technical and operational assistance to Member States in the return of third country nationals, ~~including the preparation of return decisions, the identification of third country nationals and other pre-return and return-related activities of the Member States,~~ including voluntary departures, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of ~~relevant authorities of third countrie~~forced return monitors and other relevant stakeholders;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 1 – point a a (new)

(aa) coordinate at technical and operational level assisted voluntary returns from the Member States, providing assistance during the pre- departure, travel and post-arrival phase, taking into account the needs of vulnerable migrants;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 1 – point b

(b) provide technical and operational assistance to Member States experiencing challenges with regard to return ~~or migratory pressure~~, including by deploying migration management teams;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 1 – point c

(c) develop, in consultation with the Fundamental Rights Officer and Consultative Forum, a reference model for a return case management system prescribing the structure of national return management systems, as well as provide technical and operational assistance to Member States in developing national return management systems aligned with the model;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 1 – point e

(e) provide technical and operational assistance to the Member States in the ~~identification of third-country nationals and the~~ acquisition of travel documents, including by means of consular cooperation, without disclosing information relating to the fact that an application for international protection has been made or any other information that is not strictly relevant for the purpose of executing the return of the third-country national concerned; organise and coordinate return operations and provide support with voluntary departures in cooperation with the Member States;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 2 – introductory part

2. The technical and operational assistance referred to in point (b) of paragraph 1 shall include activities to help Member States carry out return procedures by the competent national authorities by providing~~, in particular~~:

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 2 – point b

(b) practical information, analysis and recommendations on third countries of return relevant for the implementation of this Regulation, including the information concerning the fundamental rights situation, in cooperation, where appropriate, with other Union bodies, offices and agencies, including E~~ASO~~uropean Union Office for Asylum and the Agency for Fundamental Rights;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 2 – point c

(c) advice on and technical and operational assistance in the implementation and management of return procedures in compliance with Directive 2008/115/EC, including in the ~~preparation of return decisions, in identification and in the~~ acquisition of travel documents;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 2 – point d

(d) advice on and assistance in measures that are legitimate, proportionate and necessary to ensure the availability of returnees for return purposes and to prevent returnees from absconding, and advice on alternative to detention, in accordance with Directive 2008/115/EC and international law;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 2 – point e

(e) equipment, capacities and expertise for the implementation of return decisions ~~and for the identification of third-country nationals~~.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 4

4. The Agency may exceptionally receive grants from Union funds dedicated to return activities in accordance with the financial rules applicable to the Agency. The Agency shall ensure that in its grant agreements with Member States any financial support is conditional upon the full respect for the Charter.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 50 – paragraph 2

In particular, the Agency shall set up, operate and maintain a central system for processing all information and data, ~~automatically~~ communicated by the Member States’ national return management systems, necessary for the Agency to provide technical and operational assistance in accordance with Article 49.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 51 – paragraph 1

1. Without entering into the merits of return decisions, the Agency shall provide technical and operational assistance and ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations or organising returns on scheduled flights. The Agency may, on its own initiative coordinate or organise return operations.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 51 – paragraph 1 a (new)

1 a. The Agency shall not coordinate, organise or propose return operations to third countries where risks of fundamental rights violations or serious deficiencies in relevant civil and criminal laws and procedures have been identified through risk analyses, or reports from the Fundamental Rights Officer, EU agencies, human rights bodies, intergovernmental and non-governmental organisations.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 51 – paragraph 2

2. Member States shall on a monthly 2. basis provide operational data on return necessary for the assessment of return needs by the Agency and inform the Agency ~~of their indicative planning of the number of returnees and of the third countries of return, both with respect to relevant national return operations, and of their~~ needs for assistance or coordination by the Agency. The Agency shall draw up and maintain a rolling operational plan to provide the requesting Member States with the necessary operational assistance and reinforcements, including through technical equipment. The Agency may, ~~on its own initiative or~~ at the request of a Member State, include in the rolling operational plan the dates and destinations of return operations ithe requesting Member States considers necessary, based on a needs assessment. The management board shall decide, on a proposal of the executive director, on the modus operandi of the rolling operational plan. The Agency, through its coordinating officer, shall verify whether all third country nationals embarked on return flights organised or coordinated by the Agency, have received a return decision in accordance with the Return Directive and whether any suspensive appeal before a national court or the European Court of Human Rights.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 51 – paragraph 2 a (new)

2 a. Operational plans for all Agency supported and coordinated return operations and interventions shall be agreed between, and be binding upon, the Agency, the participating Member States and participating third countries in all return operations and return interventions, on the proposal of the Executive Director. Operational plans shall be drafted in line with Article 15 and shall cover all aspects necessary for carrying out the return operation, including inter alia, procedures for monitoring, reporting and complaints mechanism, and detailed provisions on the implementation of fundamental rights and rule of law safeguards, with reference to relevant standards and codes of conduct.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 51 – paragraph 3

3. The Agency may provide technical and operational assistance and, either at the request of the participating Member States ~~or on its own initiative~~, ensure the coordination or the organisation of return operations for which the means of transport ~~and forced-return escorts~~ are provided by a third country of return (‘collecting return operations’). The participating Member States and the Agency shall ensure that the respect for fundamental rights, the principle of non- refoulement, and the ~~proportionate use of means of constraints~~ dignity of the returnee are guaranteed during the entire return operation. At least one Member State representative, and one forced-return monitor from the pool established under Article 52 or from the national monitoring system of the participating Member State, shall be present throughout the entire return operation until arrival at the third country of return.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 51 – paragraph 5 – subparagraph 2

Every return operation shall be monitored in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring of forced-return operations shall be carried out by the forced-return monitor on the basis of objective and transparent criteria and shall cover the whole return operation from the pre-departure phase until the hand-over of the returnees in the third country of return. The forced-return monitor shall submit a report on each forced-return operation to the executive director, the fundamental rights officer the EU Ombudsman and to the competent national authorities of all the Member States involved in the given operation. If necessary, appropriate follow- up shall be ensured by the executive director and competent national authorities respectively.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 51 – paragraph 5 – subparagraph 3

If the Agency has concerns regarding the respect of fundamental rights ~~during~~of a return operation, it shall communicate them to the participating Member States, to the EU Ombudsman, to the EU Agency for Fundamental Rights and to the Commission.

2018/12/11
Committee: LIBE

Proposal for a regulation
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~~.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 52 – paragraph 1

1. The Agency shall, ~~after consulting~~taking into account the recommendation by the fundamental rights officer, constitute a sub-pool of forced-return monitors ~~from~~as part of the standing corps referred to in Article 55. It shall be composed of forced-return monitors from a competent bod~~ies~~y who carryies out independent forced- return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 62 of this Regulation. A specific and adequate budget should be provided to the responsible body. Forced return monitors shall also report to the Agency, including the Fundamental Rights Officer.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 52 – paragraph 2

2. The management board shall, on a proposal of the executive director determine the profile and the number of forced-return monitors to be made available to that sub-pool. The same procedure shall apply with regard to any subsequent changes in the profile and overall numbers. Member States shall be responsible for contributing to the pool by nominating forced-return monitors corresponding to the defined profile. Forced-return monitors with specific expertise in child protection shall be included in the pool.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 52 – paragraph 3

3. Member States' contribution of forced-return monitors to return operations and interventions for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States shall make the forced-return monitors available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such a request shall be made at least 21 working days before the intended deployment, or five working days in case of a rapid return intervention.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 53 – paragraph 1

1. The Agency may deploy return teams ~~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 seaif necessary to provide additional technical and operational assistance in the area of return. Only border guards, experts and staff who have received training in accordance with Article 62 of this Regulation shall be deployed to an activity by the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 54 – paragraph 1

1. In circumstances where a Member State is facing a burden when implementing the obligation to return third- country nationals who are the subject of return decisions issued by a Member State, the Agency shall, ~~either on its own initiative or~~ upon request of that Member State and in duly justified circumstances, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist of the deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be present throughout the entire return intervention until arrival at the third country of return.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 54 – paragraph 2

2. The Agency may also launch return interventions in third countries, based on the directions set out in the multiannual strategic policy cycle, where such third country requires additional technical and operational assistance with regard to its return activities. Such intervention may consist of the deployment of return teams for the purpose of providing technical and operational assistance to return activities of the third country.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 54 – paragraph 3

3. In circumstances where a Member State is facing specific and disproportionate challenges when implementing its obligation to return third- country nationals who are the subject of return decisions, the Agency shall, ~~either on its own initiative or upon the request of that~~upon the request of that Member State, and following a thorough fundamental rights and rule of law impact assessment based on a broad range of sources which shall involve the Fundamental Rights Officer, including all relevant information on the fundamental rights and rule of situation in the Member State concerned, provide the appropriate technical and operational assistance in the form of a rapid return intervention. A rapid return intervention may consist in the rapid deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be present throughout the entire rapid return intervention until arrival at the third country of return.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 55 – paragraph 1 – introductory part

1. A European Border and Coast Guard standing corps of 10 000 operational staff shall be part of the Agency. This standing corps shall be composed of the following ~~three~~four categories of staff in accordance with the annual availability scheme set in Annex I:

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 55 – paragraph 1 – point a a (new)

(a a) Category1a: independent operational staff members of the Agency, reporting directly to the Fundamental Rights Officer, recruited in accordance with Article 94(1) and tasked with monitoring the fundamental rights compliance of all activities and operations of the Agency at the external borders and as part of return operations and activities;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 55 – paragraph 2

2. The Agency shall deploy members of the European Border and Coast Guard standing corps as members of the border management teams, migration management support teams, return teams in joint operations, including forced-return monitors, rapid border interventions or return interventions or any other relevant operational activities in the Member States ~~or in third countries~~.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 55 – paragraph 2 a (new)

2 a. The Agency may deploy, at the request of the Commission or at the request of a Member State, members of the European Border and Coast Guard standing corps as members of Europol teams tasked with matters relating to cross-border crime, including terrorism and smuggling of weapons or drugs.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 55 – paragraph 5

5. For the purpose of Article 74, the Agency shall develop and ensure the command and control structures for the effective deployments of the European Border and Coast Guard standing corps in the territory of third countries.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 56 – paragraph 1 a (new)

1 a. The Agency shall contribute to the European Border and Coast Guard standing corps members of its statutory staff (Category1a) to be deployed to operational areas and return operations and activities, reporting directly to the Fundamental Rights Officer, tasked with monitoring the fundamental rights compliance of all activities and operations of the Agency at the external borders and as part of return operations and activities. The statutory staff belonging to Category 1a shall be independent in the performance of their duties. They shall report directly to the Fundamental Rights Officer and to the Consultative Forum. They shall have the necessary qualifications and experience in the field of fundamental rights and return monitoring.

2018/12/11
Committee: LIBE

Proposal for a regulation
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, and shall undergo a full fundamental rights training, 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.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 56 – paragraph 3

3. Throughout their employment, the Agency shall ensure that its statutory staff members discharge their duties as team members with high standards. Adequate training maps shall be designed for each staff member ensuring their constant professional qualification to fulfil ~~border guard~~fundamental rights compliance and border guard, fundamental rights monitoring or return-related tasks.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 56 – paragraph 4

4. Other staff members employed by the Agency who are not qualified to perform border control, fundamental rights monitoring or return functions shall only be deployed during joint operations for coordination and other related tasks. They shall not form part of the teams.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 may 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 re~~quest that a Member State propose another candidate for secondment~~fuse them in case of incompliance with the required profiles, lack of knowledge of fundamental rights standards, insufficient language skills, misconduct or infringement of the applicable rules during previous deployments and request that a Member State propose another candidate for secondment.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 58 – paragraph 3

3. The Agency may 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 remov~~shall refuse an operational staff member from the national list in case of incompliance with the required profiles, insufficient knowledge of fundamental rights standards, insufficient linguistic skills, misconduct or infringement of the applicable rules during previous deployments and request that a Member State propose another candidate for short- term deployments.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 59 – paragraph 1

1. By 31 June 20242, based in particular on the reports referred to in Article 65, the Commission shall carry out a mid-term review on the functioning of European Border and Coast Guard standing corps, assessing its overall number and composition. The review shall take into account the evolution of the statutory staff for the Agency's contributions or any significant changes in the individual Member States' capabilities affecting their abilities to contribute to the standing corps.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 60 – paragraph 1

1. Subject to the agreement of the host Member State, the Agency may set up antenna offices on its territory monitor the fundamental rights compliance of operations and activities in the area of border management and return to facilitate and improve coordination of the operational activities, including in the field of returns, organised by the Agency in that Member State or in the neighbouring ~~region~~third countries and to ensure the effective management of the human and technical resources of the Agency. The antenna offices shall be temporary establishments set up for the period of time necessary for the Agency to carry out significant operational activities in that specific Member State or the neighbouring ~~region~~third countries concerned. That period of time may be prolonged, if necessary.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 60 – paragraph 3 – point -a (new)

(-a) monitor the fundamental rights compliance of operations and activities in the area of border management and return and report directly to the Fundamental Rights Officer;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 60 – paragraph 3 – point i

(i) support the Agency's liaison officer to identify any current or future challenges for the border management of the area they are responsible for or for the implementation of the return acquis, including fundamental rights challenges, and regularly report to the headquarters;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 60 – paragraph 6

6. The Executive Director and the Fundamental Rights Officer shall report to the Management Board and to the Consultative Forum on a quarterly basis on the activities of antenna offices and on fundamental rights compliance as monitored by the antenna offices. The activities of the antenna offices shall be described in a separate section of the annual activity report referred to 98(2) point 10.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 62 – paragraph 1

1. The Agency shall, taking into account the capability roadmap referred to in Article 9(4), where available, and in cooperation with the appropriate training entities of the Member States, and~~, where appropriate,~~ EASO and the European Union Agency for Fundamental Rights, develop specific training tools, including specific training in the protection of children and other persons in a vulnerable situation. It shall provide border guards, return specialists and other relevant staff who are members of the European Border and Coast Guard standing corps with advanced training relevant to their tasks and powers. Experts from the staff of the Agency shall conduct regular exercises with those border guards and other team members in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 62 – paragraph 3

3. The Agency shall take the necessary initiatives to ensure that all operational staff of the Member States who participate in the teams from the European Border and Coast Guard standing corps, have received training in relevant Union and international law, including on fundamental rights, access to international protection, guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate procedures, guidelines for addressing the special needs of children, including unaccompanied minors, victims of trafficking in human being, persons in need of urgent medical assistance, and other particularly vulnerable persons and where appropriate search and rescue, prior to their participation in operational activities organised by the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 that 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~~, proportionality in the use of force, access to international protection and access to referral mechanisms for vulnerable persons, prior to their participation in operational activities organised by the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 62 – paragraph 6

6. The Agency shall also offer additional training courses and seminars on subjects related to the control of the external borders and return of third-country nationals for officers of the competent national services of Member States ~~and where appropriate of third countries~~.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 62 – paragraph 7

~~7. The Agency may organise training activities in cooperation with Member States and third countries on their territory.~~deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 62 – paragraph 8

8. The Agency shall establish an exchange programme enabling border guards participating in its teams and staff participating in the European return intervention teams to acquire knowledge or specific know-how from experiences, fundamental rights compliance and good practices abroad by working with border guards and staff involved in return- related tasks in a Member State other than their own.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 64 – paragraph 6 – subparagraph 1

On a proposal of the executive director taking into account the Agency's risk analysis and the results of vulnerability assessments, the Management Board shall establish by 31 March the minimum number of items of technical equipment required to meet the needs of the Agency in the following year, in particular as regards carrying out joint operations, migration management support team deployments, rapid border interventions, activities in the area of return, including return operations ~~and return interventions~~. The Agency's own equipment shall be included in the minimum number of items of technical equipment. The same decision shall establish rules relating to the deployment of technical equipment in the operational activities.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 64 – paragraph 7

7. The technical equipment pool shall contain the minimum number of items of equipment identified as needed by the Agency per type of technical equipment. The equipment listed in the technical equipment pool shall be deployed during joint operations, migration management support team deployments, pilot projects, rapid border interventions~~, return operations~~ or return ~~interven~~operations.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 66 – paragraph 1

1. The Agency shall proactively monitor and contribute to research and innovation activities relevant for European Integrated Border Management ~~including the use of advanced surveillance technology~~, taking into account the capability roadmap referred to in Article 9 (4). The Agency shall disseminate the results of that research to the European Parliament, to the Member States and to the Commission in accordance with Article 50. It may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventions.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 66 – paragraph 4

4. The Agency may plan and, subject to approval by the European Parliament and the Council, implement pilot projects regarding matters covered by this Regulation.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 66 – paragraph 4 a (new)

4 a. The Agency shall make public all its research projects, including demonstration projects, the cooperation partners involved and the project budget.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 66 – paragraph 4 b (new)

4 b. The Agency shall ensure lobby transparency by disclosing all its meetings with third party stakeholders.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 67 – paragraph 4 – subparagraph 2

The national capability development plan shall address in particular the recruitment and training policy of the border guards and return specialists, the recruitment and training policy of independent fundamental rights and return monitors, the acquisition and maintenance of equipment and the necessary research and development activities and the corresponding financial aspects.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k a (new)

(k a) Office of the United Nations High Commissioner for Refugees

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k b (new)

(k b) Office of the United Nations High Commissioner for Human Rights

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k c (new)

(k c) the Commissioner for Human Rights of the Council of Europe.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 and make them public on its website.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 69 – paragraph 5

5. The Union institutions, bodies, offices~~, agencies and international organisation~~ and agencies 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. OAny onward transmission or other ~~communication~~disclosure of personal data processed by the Agency to other Union institutions, bodies, offices and agencies ~~shall~~may only take place if there is a legal basis in Union law, and it shall not lead to the processing of personal data for other incompatible purposes pursuant to Article 6 of Regulation (EU) 2018/1725, be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor. Any transfer of personal data by the Agency shall be in line with the data protection provisions laid down in Articles 87 to 90 and with Regulation (EU) 2018/1725. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office~~, agency or international organisation~~ or agency concerned shall comply with security rules and standards equivalent to those applied by the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 70 – paragraph 1 – introductory part

1. Without prejudice to EUROSUR, the Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions ~~at national and Union level and, where appropriat~~, including search and rescue, at ~~inter~~national and Union level by:

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 70 – paragraph 1 – point b

~~(b) providing surveillance and communication services based on state-of- the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform;~~deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 70 – paragraph 2

2. The precise forms of cooperation on coast guard functions between the Agency, the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with their respective mandates and the financial rules applicable to those agencies. Such an arrangement shall be approved by the management board of the Agency and the administrative boards of the European Maritime Safety Agency and the European Fisheries Control Agency. The agencies shall use information received in the context of their cooperation only within the limits of their legal framework and in compliance with fundamental rights, including data protection requirements.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 72 – paragraph 1

1. In line with Article 3 (g), the Member States and the Agency shall cooperate with neighbouring third Countries for the purpose of integrated border management and migration policy, including returns.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 72 – paragraph 2

2. Based on the policy priorities set out in accordance with Article8 (4), the Agency shall provide technical and operational assistance to neighbouring third countries within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 73 – paragraph 3 a (new)

3 a. Member States shall ensure that personal data transferred or disclosed to third countries or international organisations is only processed for the purposes for those it was transferred or disclosed, and that data subjects can exercise their rights also in those third countries or in relation to those international organisations. For this, Member States shall in the bilateral or multilateral agreements with third countries or in working arrangements with international organisations include legally binding and enforceable assurances, pursuant to points 2(a) or 3(b) of Article 46 of Regulation (EU) 2018/679. Where no such agreements or arrangements exist pursuant to paragraph 1, Member States shall not transfer or disclose any personal data to the third countries or international organisations.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 74 – paragraph 2

2. When doing so, it shall act within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement, the prohibition of arbitrary detention and the prohibition of torture, inhuman or degrading treatment or punishment, with the support of, and in coordination with, Union delegations ~~and, where relevant, CSDP missions and operations~~.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 74 – paragraph 3

3. In circumstances requiring the deployment of border management and ~~return~~fundamental rights monitoring teams from the European Border and Coast Guard standing corps to a third country ~~where the team members will exert executive powers, a~~, a status agreement shall be concluded by the Union with the third country concerned. A status agreement ~~shall~~may only 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 following a thorough fundamental rights impact assessment based on a broad range of sources which shall involve the Fundamental Rights Officer, including all relevant information on the fundamental rights situation in the 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 and measures ensuring the operationalisation of fundamental rights safeguards, the fundamental rights strategy in line with Article 81and the code of conduct in line with Article 82. The status agreement shall ensure the full respect of fundamental rights during these operations. Operations shall be carried out on the basis on an operational plan agreed also by the Member State bordering the operational area. The participation of Member States in joint operations on the territory of third countries shall be on a voluntary basis. No Agency statutory staff with executive powers shall be part of the border management teams or return teams deployed to a third country.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 74 – paragraph 5

5. The Agency shall contribute to the implementation of international agreements and of ~~non-legally binding arrangements on return~~formal readmission agreements concluded by the Union with third countries within the framework of the external action policy of the Union and regarding matters covered by this Regulation. The Agency shall not organise, coordinate or support return operations from the territory of third countries to other third countries.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 74 – paragraph 6

6. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting in and in relation to third countries. ISubject to the approval of the European Parliament, and following a thorough fundamental rights impact assessment, it may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation and in accordance with the financial rules applicable to the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 74 – paragraph 7

7. The Agency shall inform the European Parliament of activities conducted pursuant to this Article. The Agency shall publish all agreements, working agreements, pilot projects and technical assistance projects with third countries on its website. The Agency shall report to the European Parliament at least every three months on its cooperation with third countries. A detailed assessment of the cooperation with third countries, including detailed information on compliance with fundamental rights and international protection, shall be included into the annual report of the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 74 – paragraph 8 a (new)

8 a. The Agency shall ensure that information transferred or disclosed to third countries or international organisations is only processed for the purposes for those it was transferred or disclosed, and that data subjects can exercise their rights also in those third countries or in relation to those international organisations. For this, the Agency shall in the working arrangements with third countries pursuant to paragraph 4 or in working arrangements with international organisations include legally binding and enforceable assurances, pursuant to points 2(a) or 3(b) of Article 48 of Regulation (EU)2018/1725. Where no such working arrangements exist pursuant to paragraph 2, the Agency shall not transfer or disclose any personal data to the third countries.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 75 – paragraph 2

2. The Agency shall have the possibility of carrying out actions at the external borders of a neighbouring third country, subject to the agreement of that third ~~country, including on the territory of that third~~ country.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 75 – paragraph 4

4. The Agency may provide assistance to return activities of third countries and ensure the coordination or the organisation of return operations, during which a number of returnees are returned from this third country to another third country. Such return operations may be organised with participation of one or more Member States (‘mixed return operations’) or as national return operations, in particular when this is justified by the priorities of the irregular migration policy of the Union. The participating Member States and the Agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the whole removal operation, notably with the presence of forced return monitors and of third- country forced return escorts.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 76 – paragraph 3 a (new)

3 a. The Agency shall ensure that information transferred or disclosed to third countries is only processed for the purposes for those it was transferred or disclosed, and that data subjects can exercise their rights also in those third countries. For this, the Agency shall in the working arrangements with third countries pursuant to paragraph 4 include legally binding and enforceable assurances, pursuant to points 2(a) or 3(b) of Article 48 of Regulation (EU)2018/1725. Where no such working arrangements exist pursuant to paragraph 2, the Agency shall not transfer or disclose any personal data to the third countries.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 77 – paragraph 1

1. The Commission shall carry out a thorough fundamental rights impact assessment prior to the negotiation and conclusion of a status agreement referred to in Article 74(3). The Commission shall negotiate the status agreement referred to in Article 74 (3) in accordance with Article 218(3) TFEU.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1

The Commission, after consulting the Member States and the Agency, shall draw up model provisions for the bilateral and multilateral agreements referred to in Article 71(2) and Article 73 for the exchange of information in the framework of EUROSUR as provided for in Article 76 (2). Model provisions shall include detailed measures ensuring the operationalisation of fundamental rights safeguards, the fundamental rights strategy in line with Article 81and the code of conduct in line with Article 82.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 2

The Commission, after consulting the Agency, shall draw up a model for the working arrangements referred to in Article 74. Such model shall include detailed measures ensuring the operationalisation of fundamental rights safeguards, the fundamental rights strategy in line with Article 81and the code of conduct in line with Article 82.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 77 – paragraph 3

3. The Member States concerned shall notify existing bilateral and multilateral agreements referred to in Article 73 (1) to the Commission, which shall inform the European Parliament, the Council and the Agency thereof and shall verify whether their provisions comply with this Regulation.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 77 – paragraph 4

4. Before a new bilateral or multilateral agreement referred to in Article 73 (1) is concluded, the Member State(s) concerned shall notify it to the Commission, which shall inform the European Parliament, the Council and the Agency thereof and shall verify whether its provisions comply with this Regulation and inform the Member State accordingly.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 77 – paragraph 6

6. Before any working arrangements with third parties or third countries are concluded, the Agency shall notify them to the Commission and the European Parliament, which shall give ~~its~~their prior approval. Once working arrangements are concluded, the Agency shall notify them to the Commission, which shall inform the European Parliament and the Council thereof.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 77 – paragraph 7

7. The Agency shall notify the operational plans referred to in Article 75 (3) to the Commission and the European Parliament. The decision to deploy liaison officers to third countries in accordance with Article 78 shall be subject to receiving the prior opinion of the Commission and of the European Parliament. The European Parliament shall be kept fully informed of those activities without delay.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 i~~llegal im~~rregular migration. 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. Liaison officers shall only be deployed to third countries in which border management, migration and asylum practices comply with human rights standards.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 returnee~~to promoting fundamental rights in these areas, 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 miss~~ shall contribute to assessing the fundamental rights impact of EBCG operations and cooperation with third countries.

2018/12/11
Committee: LIBE

Proposal for a regulation
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~~, security and fundamental rights compliance of those activities. 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.

2018/12/11
Committee: LIBE

Proposal for a regulation
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~~training activities 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~~. 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~~ nor the safety and access to the right of asylum of third country nationals. The participation of those observers may take place only with the agreement of the ~~host~~ Member State ~~regarding those referred to in Articles 37 and 54~~s. 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.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1

The Agency shall take over and operate the database False and Authentic Documents Online (FADO) established by Council Joint Action 98/700/JHA of 3 December 1998 which is a database that shall contain information on genuine travel and residence documents issued by Member States, third countries, territorial entities, international organisations and other entities subjects of international law and on falsifications thereof. ~~The FADO system shall not contain any personal data.~~

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 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, and relevant international law — including the 1951 Convention Relating to the Status of Refugees, the Convention on the Rights of the Child the 1967 Protocol thereto and obligations related to access to international protection, in particular the principle of non-refoulement.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 81 – paragraph 2

2. In performing of its tasks, the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to, or otherwise handed over or returned to, the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution, or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion in contravention of the principle of non-refoulement, or from which there is a risk of expulsion, removal, extradition or return to another country in contravention of that principle.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 81 – paragraph 3 – subparagraph 1

In performing of its tasks the European Border and Coast Guard shall take into account and address the rights and the special needs of children, unaccompanied minors, persons 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.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 81 – paragraph 4

4. In performing all its tasks, including the further development and implementation of an effective mechanism to monitor the respect for fundamental rights, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the consultative forum referred to in Article 70 and the fundamental rights officer.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 81 – paragraph 4 a (new)

4 a. The Agency shall include a detailed programme for the further development and implementation of the Fundamental Rights Strategy in its annual and multiannual work programme and report on it in its annual activity report.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 83 – paragraph 2

2. While performing their tasks and exercising their powers, members of the teams shall comply with Union and international law and shall ~~observe~~ensure at all times fundamental rights and observe the national law of the host Member State.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 83 – paragraph 4 – subparagraph 1

Members of the teams deployed from the Agency’s statutory operational staff or deployed following secondment for a long- term duration to the Agency by the Member States shall wear~~, where appropriate,~~ the uniform of the European Border and Cost Guard standing corps and a visible personal identification while performing their tasks and exercising their powers. Members of the teams deployed from Member States for a short duration shall wear~~, where appropriate, their own uniform~~ their own uniform and a visible personal identification while performing their tasks and exercising their powers.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 83 – paragraph 4 – subparagraph 2

All the members of the teams shall also wear visible personal identification and a blue armband with the insignias of the Union and of the Agency on their uniforms, identifying them as participating in a joint operation, migration management support team deployment, pilot project, rapid border intervention, or return operation ~~or return intervention~~. For the purposes of identification vis-à-vis the national authorities of the host Member State, members of the teams shall at all times carry an accreditation document, which they shall present upon request.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 83 – paragraph 6

6. While performing their tasks and exercising their powers, members of the teams ~~shall~~may be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State or, for the Agency's staff with the consent of the Agency, and prior to consultation with the Fundamental Rights Officer, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State as well as with international human rights law, including the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the Chapter of Fundamental Rights. The host Member State may, with the consent of the home Member State or the Agency where appropriate and prior to consultation with the Fundamental Rights Officer, authorise members of the teams to use force in the absence of border guards of the host Member State.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 83 – paragraph 7

7. Service weapons, ammunition and equipment may be used in legitimate self- defence and in legitimate defence of members of the teams or of other persons in accordance with the national law of the host Member State, as well as with international human rights law and the Charter of Fundamental Rights.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 83 – paragraph 8 – subparagraph 1

For the purpose of this Regulation, the host Member State shall authorise members of the teams to consult European databases it has access to and the consultation of which is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. The host Member State may also authorise them to consult its national databases where necessary for the same purpose. Member States shall ensure that they provide such database access in an efficient and effective manner. The members of the teams shall consult only those data which are ~~required~~strictly necessary for performing their tasks and exercising their powers. The host Member State shall, in advance of the deployment of the members of the teams, inform the Agency of the national and European databases which may be consulted. The Agency shall make this information available to all Member States participating in the deployment.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 83 – paragraph 8 – subparagraph 1 a (new)

The host Member States authorities shall be the data controllers for the processing of any personal data collected or processed by member of the teams while performing their tasks and exercising their powers.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 85 – paragraph 1

1. Without prejudice to Article 94, where members of the teams are operating in a host Member State, that Member State ~~shall be liable in accordance with its national law~~and the Agency shall be jointly and severally liable for any damage caused by them during their operations. Where members of the teams are operating in a third country, the Agency shall be liable for any damage caused by them during their operations.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 85 – paragraph 2

2. Where such damage is caused by gross negligence or wilful misconduct, the host Member State or the Agency may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State. Likewise if the damage is caused by gross negligence or wilful misconduct by the staff of the Agency, the host Member State may approach the Agency in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 85 – paragraph 4

4. Any dispute between Member States or between a Member State and the Agency relating to the application of paragraphs 1, 2 and 3 of this Article which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with ~~Article 273 TFEU~~the Treaties.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 87 – paragraph 1

1. The Agency shall apply [Regulation (ECU) ~~No 45/2001~~2018/1725] when processing personal data.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 87 – paragraph 2

2. The management board shall take the necessary administrative measures to apply[Regulation (ECU) ~~No 45/2001~~2018/1725] by the Agency, including those concerning the data protection officer of the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 (EC) 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. The Agency may provide for internal rules on restricting the application of the rights under [Articles 17 and 18] of [Regulation (EC) No 45/2011] on a case by case basis as long as the exercise of such right would risk to jeopardise the return procedure.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
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 or has been 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. The Agency shall not disclose the fact that a person has lodged an application for international protection to a third country.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 87 – paragraph 3 b (new)

3 b. Onward transmission or other communication of information exchanged under this Regulation to other third countries or to third parties shall be prohibited.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 88 – paragraph 1 – introductory part

1. The Agency may process personal data only where strictly necessary for the following purposes:

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 88 – paragraph 1 – point b

(b) performing its tasks of supporting Member States and third countries in pre- return and return activities, operating return management systems, as well as coordinating ~~or organising~~ return operations and providing technical ~~and operational assistance~~ to Member States and neighbouring third countries in accordance with Article 49;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 88 – paragraph 1 – point d

~~(d) risk analysis by the Agency in accordance with Article 30;~~deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
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~~

2018/12/11
Committee: LIBE

3. Member States and other Union agencies may indicate, at the moment of transmitting personal data, any restrictions on access to those data or use of them, in general or specific terms, including as regards their transfer~~, erasure or destruction~~. Where the need for such restrictions becomes apparent after the transfer of personal data, they shall inform the Agency accordingly. The Agency shall comply with such restrictions

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 89 – paragraph 2 – point a

(a) where exchange of information with E~~ASO, Europol or Eurojust~~U Asylum Agency is necessary for use in accordance with ~~their respective~~its mandates and in accordance with Article 69;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 89 – paragraph 2 – point d

~~(d) where necessary for the preparation of risk analyses.~~deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 89 – paragraph 2 – point e

(e) in specific cases, where the Agency becomes aware that transmission of personal data processed in the fulfilment of its tasks is strictly necessary to law enforcement authorities of the Member States is strictly necessary for the purposes of preventing, detecting, investigating or prosecuting serious crime

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 89 – paragraph 3

3. Personal data shall be deleted as soon as they have been transmitted to E~~ASO, Europol or Eurojust~~U Asylum Agency or to the competent authorities of Member States ~~or used for the preparation of risk analyses~~. The storage period shall, in any event, not exceed 90 days after the date of the collection of those data. ~~In the results of risk analyses, data shall be anonymised.~~ The provisions of this paragraph shall not apply to data processed for the purpose of performing return- related tasks.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 90 – paragraph 1

1. Where the national situational picture requires the processing of personal data, those data shall be processed in accordance with the relevant Union and national provisions on data protection. Each Member State shall designate the authority which is to be considered as controller in accordance with Article 4(7) of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of personal data by that Member State. Each Member State shall notify the details of that authority to the Commission.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 90 – paragraph 2

2. Ship and aircraft identification numbers are the only personal data that ~~can~~may be processed in the European situational and specific situational pictures.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 90 – paragraph 3

3. Any ~~exchange~~transfer of personal data ~~with~~to 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, and the relevant national provisions on data protection.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 90 – paragraph 4

4. Any ~~exchang~~transfer or disclosure of information under Article 73(2), Article 74(3) and Article 75(3) 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.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 90 – paragraph 5

5. ~~Onward transmission or other communication of information exchanged under Article 73(2), Article 74(3) and Article 75(3) to other third countries or to third parties shall be prohibited~~Member States and the Agency shall ensure that information transferred or disclosed to third countries pursuant to Article73(2), Article 74(3), and Article 75(3) is not transmitted onwards to other third countries or international organisations. For this: (a) Member States shall in the bilateral or multilateral agreements with third countries pursuant to Article 73 include legally binding and enforceable assurances that no data is transferred onwards, pursuant to points 2(a) or 3(b) of Article 46 of Regulation (EU) 2018/679; (b) the Agency shall in the working arrangements with third countries pursuant to Article 74(2) include legally binding and enforceable assurances that no data is transferred onwards, pursuant to points2(a) or 3(b) of Article 48 of Regulation (EU) 2018/1725. Where no such working arrangements exist pursuant to Article 74(2), the Agency shall not transfer or disclose any personal data to the third countries.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 96 – paragraph 3

3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties. In cases referred to in Article 41 the Agency shall be liable for any damages caused by members of the teams during their operations, in particular, the damages caused by violations of fundamental rights.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 97 – paragraph 1 – point e a (new)

(e a) a representative of the European Parliament as observer.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 100 – paragraph 1

1. The management board shall, by 30 November each year, adopt a final programming document containing inter alia the Agency's multiannual programming and annual programming for the following year, based on a draft put forward by the executive director and endorsed by the management board. The final programming document shall be adopted after a positive opinion of the Commission, as regards the multiannual programming, after having consulted the European Parliament. If the Agency decides not to take into account elements of the opinion of the Commission, it shall provide a thorough justification. The management board shall forward the document to the European Parliament, to the Council and to the Commission without delay.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 100 – paragraph 3

3. The multiannual programming shall set out overall strategic programming in the medium and long term, including objectives, expected results, performance indicators and resource planning, including the multiannual budget, staff and the development of the Agency's own capabilities. The multiannual programming shall set out the strategic areas of intervention and explain what needs to be done to achieve the objectives. It shall include a strategy for the monitoring and respect for fundamental rights and for relations with third countries and international organisations as well as the actions linked to that strategy.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 102 – paragraph 6

6. Representatives of the European Union Agency for Asylum, the EU Fundamental Rights Agency and EUROPOL shall be invited to attend the meetings of the Management Board. The management board shall also invite a representative of the European Parliament. It may also invite a representative of other relevant Union institutions, bodies, offices and agencies.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 1

The executive director shall be appointed by the management board on the grounds of merit 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. The European Parliament shall confirm the appointment of the Executive Director, after having heard the candidate.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 5

Power to dismiss the executive director shall lie with the management board, acting on a proposal from the Commission or the European Parliament.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 106 – paragraph 1

1. A consultative forum shall be established by the Agency to assist the ~~executive director and the management board~~Agency with independent advice in fundamental rights matters.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 106 – paragraph 2

2. The Agency shall invite ~~EASO~~the EU Asylum Agency, the European Union Agency for Fundamental Rights, the United Nations High Commissioner for Refugees and other relevant organisations to participate in the consultative forum. On a proposal by the ~~executive director~~Fundamental Rights Office, the management board shall decide on the composition of the consultative forum and the terms of the transmission of information to the consultative forum. The consultative forum shall, after consulting the management board and the executive director, define its working methods and set up its work programme.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 106 – paragraph 3

3. The consultative forum shall be consulted on the further development and implementation of the fundamental rights strategy, on the establishment of the complaints mechanism, on codes of conduct ~~and on common core curricula~~, working arrangements or other projects in cooperation with third countries, the complaint mechanism, operational plans and on common core curricula as well as for establishing the criteria referred to in Article 12 and Article 24.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 106 – paragraph 3 a (new)

3 a. The Agency shall inform the Consultative Forum how it has altered or not its activities as a response to reports and recommendations of the Consultative Forum and include details in its annual report.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 in a timely and effective manner, 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 centre~~, pilot project, migration management support teams, return operation~~s and~~ or return intervention, including in third countries.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 106 – paragraph 5 a (new)

5 a. A Consultative Forum Secretariat shall be established to support the Consultative Forum members with administrative and substantive support. The Secretariat shall receive the resources and staff with the skills and seniority commensurate to the activities and powers of the Agency and necessary to enable the Consultative Forum to assist the Agency with independent advice in fundamental rights matters in accordance with this Article. The Secretariat shall have full control over its own budget, which shall be sufficient to carry out its mandate and proportionate to the dimensions of the Agency and to the growth of its budget.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 106 – paragraph 5 b (new)

5 b. Consultative Forum members with administrative and substantive support. The Secretariat shall receive the resources and staff with the skills and seniority commensurate to the activities and powers of the Agency and necessary to enable the Consultative Forum to assist the Agency within dependent advice in fundamental rights matters in accordance with this Article.

2018/12/11
Committee: LIBE

Ska KELLER, Péter NIEDERMÜLLER

Proposal for a regulation
Article 107 – paragraph 1

1. A fundamental rights officer shall be appointed by the management board, based on a recommendation by the Consultative Forum. He or she shall have the tasks of contributing to the Agency's fundamental rights strategy, of monitoring its compliance with fundamental rights and of promoting its respect of fundamental rights. The fundamental rights officer shall have the necessary qualifications ~~and~~, expert knowledge and professional experience in the field of fundamental rights.

2018/12/11
Committee: LIBE

Ska KELLER, Péter NIEDERMÜLLER

Proposal for a regulation
Article 107 – paragraph 1 a (new)

1 a. The fundamental rights officer shall have to power to conduct investigations into any of the activities of the Agency to verify the respect of fundamental rights. He or she shall advise the Agency by issuing formal opinions prior to any activity of the Agency under this Regulation and by issuing recommendations for improving the Agency’s fundamental rights strategy, conditions for compliance with fundamental rights and promoting respect of fundamental rights. The Fundamental Rights Officer shall also be responsible for further developing and implementing the complaint mechanism.

2018/12/11
Committee: LIBE

Ska KELLER, Péter NIEDERMÜLLER

Proposal for a regulation
Article 107 – paragraph 1 b (new)

1 b. The fundamental rights officer shall enjoy complete independence in the conduct of his or her investigations and the performance of his or her duties. He or she shall not be given any instructions nor be restricted in any way as regards the performance of the functions which, by virtue of his or her appointment, are assigned to him under this Regulation.

2018/12/11
Committee: LIBE

Ska KELLER, Péter NIEDERMÜLLER

Proposal for a regulation
Article 107 – paragraph 1 c (new)

1 c. The fundamental rights officer shall have full administrative autonomy and shall be provided with the necessary resources and staff to fulfil the tasks in full independence. Staff allocated to the fundamental rights office shall report only to the Fundamental Rights Officer.

2018/12/11
Committee: LIBE

Ska KELLER, Péter NIEDERMÜLLER

Proposal for a regulation
Article 107 – paragraph 2

2. The fundamental rights officer shall ~~be independent in the performance of his or her duties. He or she shall~~ report directly to the management board and ~~cooperate with~~to the consultative forum. The ~~fundamental rights officer shall so report on a regular basis and as such contribute to the mechanism for monitoring f~~management board shall ensure that action is taken with regard to recommendations of the Fundamental rRights Officer.

2018/12/11
Committee: LIBE

Ska KELLER, Péter NIEDERMÜLLER

Proposal for a regulation
Article 107 – paragraph 3

3. The fundamental rights officer shall be consulted on the operational plans drawn up in accordance with Articles 39, 43, 54(4) and 75(3). He or she shall have access to all information concerning respect for fundamental rights in all the activities of the Agencyhave unlimited access to all information concerning respect for fundamental rights in all the activities of the Agency, including by carrying out on spot visit, exceptionally also unannounced, to any joint operation, rapid border intervention, pilot project, migration management support teams, return operation or return intervention, including in third countries.

2018/12/11
Committee: LIBE

Ska KELLER, Péter NIEDERMÜLLER

3 a. The fundamental rights officer shall be assisted by a deputy fundamental rights officer. If the fundamental rights officer is absent or indisposed, the deputy fundamental rights officer shall take his or her place.

2018/12/11
Committee: LIBE

Ska KELLER, Péter NIEDERMÜLLER

Proposal for a regulation
Article 107 – paragraph 3 b (new)

3 b. The fundamental rights officer shall be provided with the resources and staff with the skills and seniority commensurate to the expansion of activities and powers of the Agency and necessary to enable him or her to effectively perform the variety of tasks in accordance with this Regulation. Any regular or extraordinary assignment of staff to the Agency shall be accompanied with the proportional allocation of staff to support the fundamental rights officer. Staff allocated to the fundamental rights officer shall report only to him or her.

2018/12/11
Committee: LIBE

Ska KELLER, Péter NIEDERMÜLLER

Proposal for a regulation
Article 107 – paragraph 3 c (new)

3 c. The fundamental rights officer shall annually present a public report about the main challenges and achievements in protecting fundamental rights within the Agency. The report shall also include information on the complaints mechanism as referred to in Article 108 (9) of this Regulation.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 1

1. The Agency shall, in cooperation with the fundamental rights officer, take the necessary measures to ~~set up a~~further develop the complaints mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 2

2. Any person who is directly affected by the actions 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 any party representing such a person, may submit a complaint in writing to the Agency. The fundamental rights officer shall also have the power to initiative a complaint ex officio.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 4

4. The fundamental rights officer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the fundamental rights officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the executive director, 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.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 5 – subparagraph 2

~~Any decision shall be in written form and reasoned~~They shall also be informed of the possibility to appeal an inadmissibility decision to the European Ombudsman. Any decision shall be in written form and reasoned. The Fundamental Rights Officer shall reopen the case if the complainant submits new evidence.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 6 – subparagraph 1

In the case of a registered complaint concerning a staff member of the Agency, the executive director shall ensure appropriate follow-up, in consultation with the fundamental rights officer, including disciplinary measures as necessary. The executive director shall report back ~~within a determined timeframe~~in writing to the fundamental rights officer as to the findings and follow-up made by the Agency in response to a complaint within one month after having received the complaint and, if necessary, every six weeks thereafter, including disciplinary measures as necessary.

2018/12/11
Committee: LIBE

Proposal for a regulation
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 fundamental rights officer as to the findings and follow- up made in response to the complaint within ~~a determined time period,~~one month and, if necessary, ~~at regular intervals thereafter. The Agency shall follow-up the matter if no report is received from the relevant Member State.~~ every six weeks thereafter. In case the relevant Member State does not report back, or if the response lacks precision or insufficient follow-up, the fundamental rights officer shall inform the management board. If necessary, the Agency shall follow-up the matter by sending a letter of warning to the Member State concerned recalling the possible actions which the Agency can take if no follow-up is received to the letter.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 9

9. The fundamental rights officer shall report to the executive director and to the management board as to the Agency's and Member States' findings and follow-up made in response to complaints. The ~~Agency~~Fundamental Rights Officer shall include information on the complaints mechanism including on received complaints, the types of fundamental rights violations, the activities of the Agency concerned, the Member State concerned and the follow- up in its annual report.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 10 – subparagraph 2

The Agency shall ensure that information about the possibility and procedure for making a complaint is readily available, including for vulnerable persons. The standardised complaint form shall be made available on the Agency's website and in hardcopy during all activities of the Agency, in languages that third-country nationals understand or are reasonably believed to understand and that further guidance and assistance on the complaints procedure is provided to alleged victims and on request Information tailored to children shall be provided 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 standardised complaint form.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 110 – paragraph 2

2. The Agency shall communicate on matters falling within the scope of its tasks on its own initiative. It shall make public relevant information including the annual activity report referred to in point (10j) of Article 98(2), the annual work programme, the Code of Conducts, the risks analyses, detailed descriptions of past and current joint operation, rapid border intervention, pilot project, migration management support teams, return operation or return intervention, including in third countries, working arrangements with third countries or other EU Agencies and ensure, without prejudice to Article 91, in particular that the public and any interested party are rapidly given objective, detailed, comprehensive, reliable and easily understandable information with regard to its work. It shall do so without revealing operational information which, if made public, would jeopardise attainment of the objective of operations.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 110 – paragraph 3

3. The management board shall appoint a transparency officer and ensure that he or she is involved in a properly and timely manner in all issues which related to transparency and access to documents. After consulting the transparency officer, the management board shall lay down the practical arrangements for the application of paragraphs 1 and 2.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 111 – paragraph 14 a (new)

14 a. The budget, including the establishment plan, shall include sufficient financing of the Fundamental Rights Strategy and the Fundamental Rights Officer amounting to at least 1% of the overall budget.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 116 – paragraph 1 – subparagraph 1 – introductory part

By [31 May 20230] and every four years thereafter, the Commission shall carry-out an evaluation of this Regulation. The evaluation will assess in particular:

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 116 – paragraph 1 – subparagraph 1 – point a

(a) the results achieved by the Agency having regard to its objectives, mandate ~~and task~~, tasks and compliance with the Charter of Fundamental Rights;

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 116 – paragraph 1 – subparagraph 2

The evaluation shall include a specific analysis on the way the Charter and other relevant Union law has been complied with in the application of this Regulation. This analyses shall be carried out in cooperation with the Agency for Fundamental Rights and in consultation with the Consultative Forum.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 116 – paragraph 2

2. The Commission shall send without delay the evaluation report ~~together with~~and its conclusions on the report to the European Parliament, to the Council and to the management board. The management board may issue recommendations regarding changes to this Regulation to the Commission. The evaluation report and the conclusions on the report shall be made public. The Member States and the Agency shall provide the Commission with the information necessary to draft this report.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 117 – paragraph 4

~~4. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.~~deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Annex V – part 1 – paragraph 5

Operational activities carried out by the Agency’s statutory operational staff shall fully respect and aim to preserve human life and human dignity. All necessary steps that can minimise the risk of injury and damage during operations shall be done. This obligation includes a general obligation for the Agency's statutory operational staff to provide clear warnings of the intention to use force unless provision of such a warning would unduly place the members of the teams at risk or would create a risk of death or serious harm to others, or would be clearly inappropriate or ineffective in the particular circumstances.

2018/12/18
Committee: LIBE

Proposal for a regulation
Annex V – part 2 – indent 1

– Shall only be placed on persons who are considered to represent a danger to themselves or to others to ensure their safe detention or transportation and the safety of the Agency’s statutory operational staff and other team members. They may only be used for the shortest time possible and only when strictly necessary.

2018/12/18
Committee: LIBE

Proposal for a regulation
Annex V – part 3 – paragraph 2

The training provided in accordance with Article 62(2) shall cover theoretical and practical aspects in relation to the prevention and the use of force. The theoretical training shall incorporate psychological training (including training in resilience and working in situations of high pressure), as well as techniques to prevent the use of force, such as negotiation and mediation. The theoretical training shall be followed by an obligatory and adequate theoretical and practical training on the use of force, weapons, ammunition and equipment and on applicable fundamental rights safeguards, including the right to dignity. The practical training, to ensure a common practical understanding and approach, shall be concluded, by a simulation relevant for the activities to be carried out during the deployment and shall include a practical simulation involving the operationalisation of fundamental rights safeguards.

2018/12/18
Committee: LIBE

Proposal for a regulation
Annex V – part 3 – paragraph 6

Any incidents involving the use of force shall be immediately reported through the chain of command to the coordination structure relevant for each operation and to the Fundamental Rights Officer and Executive Director of the Agency. The report shall provide full details of the circumstances in which such use arose. In such circumstances, the Fundamental Rights Officer should open ex officio an investigation on fundamental rights compliance.

2018/12/18
Committee: LIBE

Proposal for a regulation
Annex V – part 3 – paragraph 10

The Fundamental Rights Officer shall verify and provide feedback on the content of the inception and refreshment training with special regards to their fundamental rights aspects and their operationalisation in the situation where the use of force is necessary, and ensure relevant preventive techniques are included.

2018/12/18
Committee: LIBE

Proposal for a regulation
Annex V – part 3 – paragraph 11

The Fundamental Rights Officer shall report on the respect of fundamental rights in law enforcement practice in the host Member State. This report shall be submitted to the Consultative Forum and Executive director and shall be taken into account while designing the operational plan.

2018/12/18
Committee: LIBE

Proposal for a regulation
Annex V – part 3 – paragraph 12

The Fundamental Rights Officer shall ensure that an incidents related to the use of force, use of weapons, ammunition and equipment shall be ~~reported without delay to~~thoroughly investigated and reported without delay to the Consultative Forum and the Executive Director.

2018/12/18
Committee: LIBE

Proposal for a regulation
Annex V – part 4 – paragraph 2

The personal equipment set shall be used by all the Agency’s statutory operational staff deployed as team members of the three types of teams deployed from the European Border and Coast Guard standing corps. ~~The Agency may also complement the personal equipment set by additional weapon, ammunition or other equipment specific for the purpose of carrying specific tasks within one or two types of teams.~~

2018/12/18
Committee: LIBE

Proposal for a regulation
Annex V – part 4 – paragraph 6

Weapons, ammunition and equipment can be carried ~~and used~~ during operations. and may only be used as measures of last resort. Carrying or using them off duty periods is not allowed. The Agency shall establish specific rules and measures to facilitate the storage of weapons, ammunition and other equipment of the Agency’s statutory operational staff during off duty periods in secured facilities.

2018/12/18
Committee: LIBE