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15 Amendments of Cornelia ERNST related to 2011/0051(COD)

Amendment 43 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Recital 1
(1) Union policy in the field of external borders aims for integrated management to ensure a uniform and high level of control and surveillance, which is a necessary corollary to the free movement of persons within the European Union and, which is a fundamental component of an area of freedom, security and justice. To this end, common rules on standards and procedures for the control of external borders are to be established.
2012/02/21
Committee: LIBE
Amendment 45 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Recital 6
(6) In order to align the provisions of the Schengen Borders with the Treaty on the Functioning of the European Union (TFEU), the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adoption of additional measures governing surveillance in accordance with Article 12(5) as well as amendments to the annexes in accordance with Article 32. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
2012/02/21
Committee: LIBE
Amendment 47 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Article 1 – point 3
Regulation (EC) No 562/2006
Article 4 – paragraph 2 – point a
(a) for individuals or groups of persons, where there is a requirement of a special nature for the occasional crossing of external borders outside border crossing points or outside fixed opening hours, provided that they are in possession of the permits required by national law and that there is no conflict with the interests of public policy and the internal security of the Member States. Member States may make specific arrangements in bilateral agreements. Those bilateral agreements shall be notified to the Commission pursuant to Article 34;
2012/02/21
Committee: LIBE
Amendment 48 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Article 1 – point 3
Regulation (EC) No 562/2006
Article 4 – paragraph 2 – point b
(b) for individuals or groups of persons in the event of an unforeseen emergency situation.
2012/02/21
Committee: LIBE
Amendment 49 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Article 1 – point 4 – point a
Regulation (EC) No 562/2006
Article 5 – paragraph 1 – point a – point i
(i) its validity shall extend at least three monthsone day after the intended date of departure from the territory of the Member States. In a justified case of emergency, this obligation may be waived.
2012/02/21
Committee: LIBE
Amendment 55 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Article 1 – point 8 – paragraph 1
Regulation (EC) No 562/2006
Article 11 – paragraph 3
Paragraph 3 is replaced by the following: "Should the presumption referred to in paragraph 1 not be rebutted, the third- country national may be returned in accordance with Directive 2008/115/EC of the European Parliament and of the Council*.deleted
2012/02/21
Committee: LIBE
Amendment 57 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Article 1 – point 9
Regulation (EC) No 562/2006
Article 12 – paragraph 5
(9) In Article 12(5) shall be replaced by the following: "5. The Commission shall be empowered to adopt, paragraph 5 is delegated acts in accordance with Article 33 concerning additional measures governing surveillance.".
2012/02/21
Committee: LIBE
Amendment 67 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Annex – point 3 – point a
Regulation (EC) No 562/2006
Annex VI – point 1.1.4.1
1.1.4.1. Member States may conclude bilateral agreements with neighbouring third countries concerning the establishment of joint border crossing points at which border guards of one party carry out entry and/or exit checks in accordance with their legislation on the territory of the other party. Joint border crossing points may be located either on Member State territory or on third-country territornly.
2012/02/21
Committee: LIBE
Amendment 68 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Annex – point 3 – point a
Regulation (EC) No 562/2006
Annex VI – point 1.1.4.2 – point b – indent 2
– or act in accordance with their national legislation. In this case the person concerned must, however, be offered access to Member States courts and dispose of remedies sufficient to ensure legal protection in the fields covered by Union law in order to provide the legal protection which individuals derive from the rules of Union and national law and to ensure that those rules are fully effective.
2012/02/21
Committee: LIBE
Amendment 69 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Annex – point 3 – point a
Regulation (EC) No 562/2006
Annex VI – point 1.1.4.3
1.1.4.3. Joint border crossing points located on third-country territory: Bilateral agreements establishing joint border crossing points located on third- country territory shall contain an authorisation for Member State border guards to exercise their tasks in the third country in accordance with the Schengen Borders Code and respecting the following principles: (a) International protection: A third- country national who has passed exit control by third-country border guards and subsequently asks Member State border guards present in the third country for international protection, shall be allowed access to the territory of the relevant Member State with a view to launching relevant procedures. Third- country authorities shall accept the transfer of the person concerned into Member State territory. (b) Arrest of a person or seizure of property: If Member State border guards become aware of facts justifying the arrest or placing under protection of a person or seizure of property, they shall act in accordance with their national and applicable Union legislation. Third- country authorities must accept a transfer of the concerned person or object into Member State territory. (c) Third-country nationals entering their country of citizenship: Member State border guards shall not prevent citizens of the third country concerned from entering their country of citizenship. If there are reasons justifying refusal of exit from the Member State under Member State legislation, Member State border guards shall inform third-country authorities of these reasons and third-country authorities shall assure an appropriate follow-up in accordance with national and international law.deleted
2012/02/21
Committee: LIBE
Amendment 70 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Annex – point 3 – point a
Regulation (EC) No 562/2006
Annex VI – point 1.1.4.4 – subparagraph 1
1.1.4.4. Before concluding or amending any bilateral Agreement on joint border crossing points with a neighbouring third country, the Member State concerned shall consult the Commission, which shall give a prior favourable opinion as to the compatibility of the Agreement with this RegulaUnion law, including in the fields of asylum and data protection.
2012/02/21
Committee: LIBE
Amendment 72 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Annex – point 3 – point a
Regulation (EC) No 562/2006
Annex VI – point 1.1.4.4 – subparagraph 2
If the Commission considers the Agreement to be incompatible with this RegulationUnion law, it shall notify the Member State concerned. The Member State shall not conclude the Agreement and shall take all appropriate steps to amend the draft Agreement within a reasonable period in such a way as to eliminate, eliminating the incompatibilities established.
2012/02/21
Committee: LIBE
Amendment 77 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Annex – point 4 – point d
Regulation (EC) No 562/2006
Annex VI – point 3.2.2 – subparagraph 2
(d) in point 3.2.2., the second subparagraph is replaced by the following: "Nevertheless, on the basis of an assessment of the risks related to internal security and illegal immigration, checks shall be carried out on the crew and passengers of those ships."deleted
2012/02/21
Committee: LIBE
Amendment 79 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Annex 1 – point 4 – point f
Regulation (EC) No 562/2006
Annex VI – point 3.2.3(e) – subparagraph 2
(f) in point 3.2.3.(e), the second subparagraph is replaced by the following: "Nevertheless, on the basis of an assessment of the risks related to internal security and illegal immigration, checks shall be carried out on the crew and passengers of those ships."deleted
2012/02/21
Committee: LIBE
Amendment 81 #
Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES
Proposal for a regulation
Annex 1 – point 7
Regulation (EC) No 562/2006
Annex VI – point 8 – subparagraph 2
Nevertheless, an assessment of the risks of illegal immigration, in particular where the coastline of a third country is located in the immediate vicinity of an offshore site, shall be taken into account in order to determine the frequency of the checks to be carried out.deleted
2012/02/21
Committee: LIBE
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