13 Amendments of Rui TAVARES related to 2010/0312(COD)
Amendment 27 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Stockholm Programme ‘considers that the evaluation of the Schengen area will continue to be of key importance and that it therefore should be improved by strengthening the role of Frontex in this field’.
Amendment 31 #
Proposal for a regulation
Recital 7
Recital 7
(7) The experience gathered during previous evaluations demonstrates the need to maintain a coherent evaluation mechanism covering all areas of the Schengen acquis except those where a specific evaluation mechanism already exists within EU law.
Amendment 47 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The multiannual programme shall contain the list of Member States to be evaluated each year. Each Member State shall be evaluated at least once during each five-year period. The order in which the Member States are to be evaluated shall be based on a risk analysis taking into account the migratory pressure, internal security,balanced geographical representation, on the time which has elapsed since the previous evaluation and the balance between the different parts of the Schengen acquis to be evaluated.
Amendment 48 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. By not later than 30 September each year, Frontex shall submit to the Commission a risk analysis taking into account migratory pressure andn assessment making recommendations for priorities for evaluations in the next year. The recommendations shall refer to specific sections of the external borders and to specific border crossing-points to be evaluated in the next year under the multiannual programme. The Commission shall make this risk analysisassessment available to the Member States and the European Parliament.
Amendment 52 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b.By the same deadline as stated in paragraph 1, the Fundamental Rights Agency shall submit to the Commission a risk analysis regarding the fundamental rights situation at external and internal borders, paying special attention to compliance with the abolition of checks at internal borders, making recommendations for priorities for evaluations in the next year. The Commission shall make this risk analysis available to the Member States and the European Parliament.
Amendment 56 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall provide their replies to the questionnaire to the Commission within six weeks of communication of the questionnaire. The Commission shall make the replies available to the other Member States and the European Parliament.
Amendment 57 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Taking into account the risk analysis provided by Frontex in accordance with Article 6, the replies to the questionnaire referred to in Article 7 and, where appropriate, other relevant sources, an annual evaluation programme shall be established by the Commission by not later than 30 November of the previous year. The programme may provide for evaluation of:
Amendment 59 #
Proposal for a regulation
Article 8 – paragraph 1 – indent 1
Article 8 – paragraph 1 – indent 1
– application of the acquis or, where appropriate, parts of the acquis by one Member State, as specified in the multiannual programme;
Amendment 64 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The experts shall have appropriate qualifications, including a solid theoretical knowledge and practical experience in the areas covered by the evaluation mechanism, including respect for fundamental rights, along with sound knowledge of evaluation principles, procedures and techniques, and shall be able to communicate effectively in a common language.
Amendment 72 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) In the case of announced on-site visits, the report shall be drawn up by the team during the visit. The Commission official shall take overall responsibility for drafting the report and ensuring its integrity and quality. In case of disagreement, the team shall endeavour to reach a compromise. Dissenting opinions mayshall be included in the report.
Amendment 75 #
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 1
Article 13 – paragraph 5 – subparagraph 1
The Commission expert shall present the report and the reply from the Member State to the committee established in accordance with Article 15 and to the European Parliament. Member States shall be invited to comment on the replies to the questionnaire, the report and the comments by the Member State concerned.
Amendment 81 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. If the report of an on-site visit reveals a serious deficiency deemed to have a significant impact on the overall level of security of one or more Member Statescontains one or more findings that receive a classification under point (c) of Article 13(3), the Commission, on its own initiative or at the request of a Member State, shall inform the Council and the European Parliament as soon as possible.
Amendment 89 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The teams shall regard as confidential any information they acquire in the course of performing their duties. The reports drawn up following on-site visits shall be classified as restricted. This classification does not preclude the report from being made available to the European Parliament. The Commission, after consulting the Member State concerned, shall decide which part of the report can be made public.