11 Amendments of Sabine LÖSING related to 2010/0039(COD)
Amendment 22 #
Proposal for a regulation
Recital 1
Recital 1
(1) The development of a forward-looking and comprehensive European migration and integration policy, based on solidarity and responsibility, remains a key policy objective for the European Union.
Amendment 24 #
Proposal for a regulation
Recital 4
Recital 4
(4) This Regulation respects and observes the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, right to liberty and security, the rights to the protection of personal data, right to asylum, non- refoulement, non discrimination, the rights of the child and right to an effective remedy in their entirety. This Regulation should be applied mandatorily by the Member States in accordance with these rights and principles.
Amendment 25 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In applying the present Regulation, the provisions of Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union1 and Part I and, in particular, Part II of the Annex thereto should be mandatorily respected. ___________________ 1 OJ L 111, 4.5.2010, p. 20.
Amendment 32 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Agency should provide training, including on fundamental rights, international law and the structure of national asylum authorities at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third-country nationals illegalrregularly present in the Member States for officers of the competent national services. The Agency may organise training activities in cooperation with Member States on their territory. Member States should integrate the results of the Agency’s work in this perspective in the national training programs of their border guards.
Amendment 34 #
Proposal for a regulation
Recital 21
Recital 21
(21) In most Member States, the operational aspects of return of third- country nationals illegalrregularly present in the Member States fall within the competencies of the authorities responsible for controlling the external borders. As there is a clear added value in performing these tasks at Union level, the Agency should, in full compliance with the Union's return policy, accordingly provide the necessary assistance and coordination for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and define a Code of Conduct to be followed during the removal of third-country nationals illegalrregularly present in the territories of the Member States. No Union financial means should be made available for activities and operations that are not carried out in conformity with the Charter of Fundamental Rightsactivities or operations that are not in conformity with the Charter of Fundamental Rights should be carried out or financed by the Union. In the event of a violation of the Charter of Fundamental Rights, return operations should be suspended and the matter investigated.
Amendment 36 #
Proposal for a regulation – amending act
Article 1 – paragraph 1
Article 1 – paragraph 1
Council Regulation (EC) No 2007/2004
Article 1 – paragraph 2
Article 1 – paragraph 2
2. While considering that the responsibility for the control and surveillance of external borders lies with the Member States, the Agency shall facilitate and render more effective the application of existing and future European Union measures relating to the management of external borders, in particular the Schengen Borders Code, and in accordance with relevant Union law, International law, obligations related to access to international protection, and fundamental rights. It shall do so by ensuring the coordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the Member States. In the event of a breach of international law or the Charter of Fundamental Rights, in particular Articles 1, 4, 6, 18 and 19 thereof, the suspension of the work of the Agency for Operational Cooperation at the External Borders of the Member States of the European Union shall be mandatory.
Amendment 37 #
Proposal for a regulation – amending act
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
Council Regulation (EC) No. 2007/2004
Article 2 – paragraph 1a
Article 2 – paragraph 1a
All border guards and other personnel of the Member States, as well as the staff of the Agency shall, prior to their participation in operational activities organised by the Agency, have received training in relevant EU and international law, including fundamental rights and access to international protection and provide evidence of passing a final exam.
Amendment 40 #
Proposal for a regulation – amending act
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The Agency shall evaluate the results of the joint operations and pilot projects and transmit the detailed evaluation reports within 60 days following the end of the activity to the Management Board and the European Parliament. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the legality, quality, coherence and efficiency of future operations and projects to be included in its general report provided for in Article 20(2)(b).
Amendment 47 #
Proposal for a regulation – amending act
Article 1 – paragraph 5 –
Article 1 – paragraph 5 –
Council Regulation (EC) No 2007/2004
Article 3a – paragraph 1 – point i a (new)
Article 3a – paragraph 1 – point i a (new)
(ia) assurances given by the Member States involved and the Agency that they have checked all organisational aspects of planned operations with a view to complying with international law, the Charter of Fundamental Rights and Council Decision 2010/252/EC of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the external borders of the Member States of the European Union.
Amendment 54 #
Proposal for a regulation – amending act
Article 1 – paragraph 8
Article 1 – paragraph 8
Council Regulation (EC) No 2007/2004
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Agency shall report on the composition and the deployment of equipment, which is part of the technical equipment pool, to the Management Board on a monthly basis. In case the minimum number of equipment referred to in paragraph 5 is not reached, the Executive Director shall inform the Management Board without delay. The Management Board shall take a decision on the prioritisation of the deployment of the technical equipment urgently and take the appropriate steps to remedy the identified shortcominghen consider whether the number of equipment is actually needed to carry out the tasks. It shall inform the Commission of the identified shortcomings and the steps taken. The Commission may subsequently inform the European Parliament and the Council, together with its own assessment.
Amendment 58 #
Proposal for a regulation – amending act
Article 1 – paragraph 12
Article 1 – paragraph 12
Council Regulation (EC) No 2007/2004
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Agency shall develop a Code of Conduct in cooperation with the European Parliament for the return of illegalrregularly present third-country nationals by air which shall apply bindingly during all joint return operations coordinated by the Agency, describing common standardized procedures which should simplify the organisation of joint return flights and assure return in a humane manner and inand fully respect foring fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, right to liberty and security, the rights to the protection of personal data and non discrimination and affording substantive protection from collective deportation.