29 Amendments of Monika HOHLMEIER related to 2015/0310(COD)
Amendment 15 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall finance or co-finance the activities set out in paragraph 2 with grants from its budget in accordance with the financial rules applicable to the Agency.
Amendment 16 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Detailed rules concerning the payment of the daily subsistence allowance of members of the European Border and Coast Guard Teams shall be established and updated as necessary by the Management Board on proposal from the Commission.
Amendment 17 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Concerning the above mentioned costs incurred, VAT shall be eligible if not deductible.
Amendment 18 #
Proposal for a regulation
Article 26 – paragraph 1 – point f
Article 26 – paragraph 1 – point f
(f) finance or co-finance the operations, interventions and activities referred to in this Chapter with grants from its budget, in accordance with the financial rules applicable to the Agency.
Amendment 20 #
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Agency shall finance or co-finance return operations with grants 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.
Amendment 22 #
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The Agency shall finance or co-finance return interventions with grants from its budget in accordance with the financial rules applicable to the Agency.
Amendment 26 #
Proposal for a regulation
Article 68 – paragraph 1 a (new)
Article 68 – paragraph 1 a (new)
1a. The candidates proposed by the Commission shall then address the competent committee of the European Parliament and reply to questions, following which the committee shall give its non-binding opinion.
Amendment 28 #
Proposal for a regulation
Article 75 – paragraph 7
Article 75 – paragraph 7
7. The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the budgetary authority) together with the preliminary draft budget of the European Union at the latest together with draft budget of the European Union.
Amendment 107 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) On the 9th and the 20th of November 2015, the Council was calling in its conclusions for a solid legal basis for the contribution of the new European Border and Coast Guard agency to the fight against terrorism and organised cross-border crime and access to the relevant data bases.
Amendment 178 #
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require t. For the adoption of such measures, given the sovereignty related aspects and their politically sensitive nature which touch on national executive and enforcement powers, implementing powers should be conferred on the Council, which should act on a proposal from the Commission. The Member State concerned should be required to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commissionuncil decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 226 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14a) ‘third parties’ shall be the legal entities recognised as such by the Member States or International Organisations.
Amendment 280 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, including measures related to the prevention, detection and investigation of cross-border crime and terrorism, where appropriate;
Amendment 297 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) 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 and among, including customs and coastguard authorities, and the relevant Union institutions, agencies, bodies and offices, where appropriate coordinated by the Agency; including the regular exchange of information through existing information exchange tools, and in particular, the European Border Surveillance System (‘Eurosur’) established by Regulation (EU) No 1052/2013 of the European Parliament and of the Council;39 __________________ 39 Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).
Amendment 310 #
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) use of state-of-the-art technology including large-scale information systems and a timely exchange of data from all relevant data bases;
Amendment 322 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency. Member States shall as well, in their interests and in interest of all Member States, enter data into the European databases and ensure that the data are accurate, up-to-date and entered lawfully.
Amendment 384 #
Proposal for a regulation
Article 7 – paragraph 1 – point j a (new)
Article 7 – paragraph 1 – point j a (new)
(ja) support Member States in circumstances requiring increased technical and operational assistance at the external borders in the fight against organised cross-border crime and terrorism, in cooperation with Europol and Eurojust;
Amendment 450 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall provide the Agency with all necessary information regarding the situation, trends and possible threats at the external borders and in the field of return. Member States shall regularly or upon the request of the Agency provide itcommit themselves to regularly and completely provide the Agency with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and intelligence derived from the analysis layer of the national situational picture established in accordance with Regulation (EU) No 1052/2013.
Amendment 542 #
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. The results of the vulnerability assessment shall be transmitted to the European Council and the European Parliament. If one or more results are threatening the internal security of one or more member states, the results shall be transmitted in strict confidence.
Amendment 560 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall finance or co- finance the activities set out in paragraph 2 with grants from its budget in accordance with the financial rules applicable to the Agency. In case there is an increased financial need due to a situation of migratory pressure at the external borders, the Agency shall inform the Commission, the Council and the Parliament in a timely manner.
Amendment 576 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve the rescue of persons in distress at sea or other coast guard functions, the fight against migrant smuggling or trafficking in human beings, drug trafficking control operations, and migration management including identification, registration, debriefing and return in cooperation with Europol.
Amendment 652 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area as an area without internal border control, the Commission, after consulting the Agency, may adopt a decision by means ofpresent to the Council a proposal for an implementing actdecision, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Thoseat implementing actsdecision shall be adopted in accordance with the examination procedure referred to in Article 79(2)by the Council with a qualified majority vote.
Amendment 658 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Amendment 690 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed from each Member State within three working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly basis, make available to the Agency a number of border guards commensurate to at least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, and which shall amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board. The Agency shall evaluate whether the border guards proposed by Member States correspond to the profiles defined and shall decide on the border guards to be chosen for the rapid reserve pool. The Agency shall have the power to remove a border guard from the pool in case of misconduct or breach of the applicable rules.
Amendment 867 #
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. The Agency shall ensure the compatibility and interoperability of the equipment listed in the technical equipment pool. To that end it shall define technical standards to be met by equipment to be acquired, totally or partially, by the Agency and of the equipment owned by Member States which is listed in the technical equipment pool.
Amendment 880 #
Proposal for a regulation
Article 39 – paragraph 8 – subparagraph 1
Article 39 – paragraph 8 – subparagraph 1
For the purpose of this Regulation, the host Member State shall authorise members of the teams to consult its national and European databases the consultation of which is necessary for border checks, border surveillance and return and ensure that they are provided with an access to these databases in an efficient and effective manner. The members of the teams shall consult only those data which are required 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.
Amendment 888 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where such damage is caused by gross negligence or willful misconduct, the host Member State 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 or in excess of duty, the victims or persons entitled shall be compensated by the Agency.
Amendment 896 #
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2a. In order to fulfil its task of ensuring a high level of internal security mentioned in Article 1, the Agency shall have access to the relevant databases such as the Schengen Information System (SIS), the Visa Information System (VIS), Eurodac and the future system of Smart Borders, while applying European laws governing data protection and data security.
Amendment 1165 #
Proposal for a regulation
Article 79
Article 79