23 Amendments of Marie-Christine VERGIAT related to 2013/0106(COD)
Amendment 50 #
Proposal for a regulation
Recital 6
Recital 6
(6) The possible existence of an arrangement between a Member State and a third country cannot absolve Member States from thoseeir obligations whenever they are aware or ought to be aware that systemic deficiencies under international law or Union law, in particular as regards non-refoulement. Accordingly, returning an asylum seeker or a person wishing the asylum procedure and ino request asylum to a third country can only be a highly exceptional measure. Under no circumstances may it be taken if the reception conditions ofor asylum seekers in that third country do not make it possible for the person to apply for asylum, or for an application to be processed within a reasonable period, or amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment or where they are aware or ought to be aware that this third country is engaged in practices in contravention of the principle of non- refoulement.
Amendment 54 #
Proposal for a regulation
Recital 7
Recital 7
(7) DIf, during a border surveillance operation at sea, a situation may occur where it will beit is necessary to render assistance to persons found in distress. I, every Member State, in accordance with international law, every State must require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers, to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress. Such assistance shouldmust be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found. Accordingly, no action whatsoever, including criminal proceedings and penalties, must be taken to deter the master of a ship from rendering assistance to persons in distress at sea.
Amendment 59 #
Proposal for a regulation
Recital 8
Recital 8
(8) That obligation shouldmust be carried out by Member States in accordance with the applicable provisions of international instruments governing search and rescue situations and in accordance with the requirements concerning the protection of fundamental rights. This Regulation should not affect the responsibilities of search and rescue authorities, including for ensuring that coordination and cooperation is carried out in such a way that the persons rescued can be delivered to a port or a place of safety.
Amendment 60 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Clear rules should ensure that when persons in distress at sea are detected the responsible Rescue Coordination Centre is easily and quickly identified. In case of doubt, e.g. when a boat is floating between different search and rescue regions, the International Coordination Centre should appoint the responsible Rescue Coordination Centre.
Amendment 62 #
Proposal for a regulation
Recital 9
Recital 9
(9) Pursuant to Regulation (EC) No 2007/2004, border surveillance operations coordinated by the Agency are conducted in accordance with an operational plan. Accordingly, as regards sea operations, the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or, pilot project takes place, including references toor rapid intervention takes place, in accordance with international and Union law, regarding interception, rescue at sea and disembarkation. In turn, this Regulation governs the issues of interception, rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the Agency, disembarkation and rules and procedures which ensure that persons with international protection needs, victims of human trafficking, unaccompanied minors and other vulnerable persons are identified during the operation and provided with appropriate assistance, including access to international protection. In turn, this Regulation governs the issues of interception, rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the Agency. Disembarkation in a third country must be an exceptional measure. The operational plan should also include arrangements for monitoring by the Fundamental Rights Officer of the Agency or any other body designated for that purpose.
Amendment 68 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union (TEU) and by the Charter of Fundamental Rights of the European Union, notablyin particular respect for human dignity, the right to life, human dignity,the prohibition of torture and of inhuman or degrading treatment or punishment, right to liberty and securitythe prohibition of trafficking in human beings, the right to liberty and security, the right to the protection of personal data, the right to asylum and to protection against removal and expulsion, non-refoulement, non-discrimination, the right to an effective remedy, and the right to asylum and the rights of the childs of the child. This Regulation should be applied by Member States and the Agency in accordance with those rights and principles. This Regulation also respects human rights and fundamental freedoms as laid down by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
In their national operations that are not coordinated by the Agency, Member States shall apply, mutatis mutandis, the rules on search and rescue, interception competences and fundamental rights guarantees as laid down in this Regulation.
Amendment 73 #
Proposal for a regulation
Article 2 – point 9 a (new)
Article 2 – point 9 a (new)
9a. 'Fundamental rights' means the rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms, the principle of non-refoulement and the right to an effective remedy;
Amendment 82 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. No person shall be disembarked in, returned to, or otherwise handed over to the authorities of a country where there is a serious risk that such person would be subjected to the death penalty, to other serious dangers for their life and limb, to torture or other inhuman or degrading treatment or punishment or from which there is a serious risk of expulsion, removal or extradition to another country in contravention of the principle of non- refoulement.
Amendment 83 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. No person shall be disembarked in, or otherwise handed over to the authorities of a country where there is a serious risk that such person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment or from which there is a serious risk of expulsion, removal or extradition to another country in contravention of the principle of non- refoulement. Disembarkation in a third country must be an exceptional measure.
Amendment 86 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before deciding on disembarkation in a third country, the participating units shall take into account, the host Member State and the participating Member States shall consider the general situation in thate neighbouring third country and ior countries. Intercepted or rescued persons shall not be disembarked in thata third country when the host Member State or the participating Member States are aware or ought to be aware that thise third country is engaged in practices as described in paragraph 1. n or to which persons are to be disembarked or returned respectively is engaged in practices as described in paragraph 1. For that purpose, they may use the information prepared by the European Asylum Support Office, the Agency and the United Nations High Commissioner for Refugees or by an international or non-governmental organisation or organisations. The information gathered in this way shall be forwarded to the participating units.
Amendment 90 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In caseBefore deciding ofn disembarkation in or return to a third country, the participating units shall identify the intercepted or rescued persons and assess their individual personal circumstances to the extent possible before disembarkation. They, including their health and medical conditions and other circumstances that make or might make those persons vulnerable. Participating units shall automatically debrief intercepted persons in readily accessible languages in accordance with a standardised procedure. Relevant instructions or clear guidelines shall be given to staff and officers deployed in accordance with paragraph 5. Participating units shall inform the intercepted or rescued persons, in accessible languages, of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulementor return and of their rights, in particular the right to object to the disembarkation or return operation concerned. Information about requests for asylum and international protection shall be given, without delay, to the competent national authorities.
Amendment 100 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. If an intercepted or rescued person opposes the intended disembarkation in, or return to a third country or expresses reasons for believing that the intended measure would be in violation of the principle of non-refoulement, the person shall be disembarked on the territory of a Member State where he or she is able to make use of the legal remedies provided for in Article 13(3) of the Schengen Borders Code, and/or is given access to an asylum procedure in accordance with Article 6 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection.
Amendment 102 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. TIn connection with all decisions and measures taken throughout the sea operation, the participating units shall properly address the special needs of children, victims of trafficking, persons with a disability, persons in need of urgent medical assistance, persons in need of international protection and other persons in a particularly vulnerable situation throughout the sea operation. Accordingly, the participating units shall be able to provide doctors, interpreters and any other specialist required in order to address needs.
Amendment 110 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon detection, the participating units shall approach a ship suspected of crossing or intending to cross the border in an irregular manner to observe its identity and nationality and, pending further measures, it shall be surveyed at a prudent distance. The participating units shall communicate information about the ship immediately to the International Coordination Centre, including information about the situation of persons on board, in particular whether there is an imminent risk to their lives or health.
Amendment 131 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The measures described in points (e) and (f) of paragraph 1 may only be taken if the participating unit: (i) has ascertained that the new destination of the ship meets the requirements for a place of safety and those laid down in Article 4(1) and (ii) has conducted, if applicable, the activities provided for in Article 4(2) to (4). Article 6 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection shall apply.
Amendment 138 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Any operational activities in the territorial sea of a Member State that is not participating in the sea operation shall be conducted in accordance with the authorisation of that Member State, which shall respond as soon as possible. The International Coordination Centre shall be informed as soon as possible of any communication with that Member State and of the subsequent course of action authorised by that Member State. A Member State not participating in an operation being conducted in its territorial waters shall give its authorisation as soon as possible and may object to operations solely on legitimate and clearly stated grounds.
Amendment 153 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The measures described in point (f) of paragraph 1 may only be taken if the participating unit: (i) has ascertained that the new destination of the ship meets the requirements for a place of safety and those laid down in Article 4(1) and (ii) has conducted, if applicable, the activities provided for in Article 4(2) to (4). Article 6 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection shall apply.
Amendment 160 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In the zone contiguous to the territorial sea of a Member State, which is a host Member State or a participating Member State, the measures laid down in Article 6(1) shall be taken in accordance with Article 6(1a) and (2).
Amendment 167 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. When facing, in the course of a sea operation, a situation of uncertainty, alert or distress as regards a ship or any person on board, the participating unit shall forward as soon as possible all available information to the Rescue Coordination Centre responsible for the search and rescue region in which the situation occurs. In cases where it is unclear which Rescue Coordination Centre is responsible, the participating unit shall forward all available information as soon as possible to the International Coordination Centre which, in turn, shall immediately appoint a responsible Rescue Coordination Centre.
Amendment 175 #
Proposal for a regulation
Article 9 – paragraph 6 – point i a (new)
Article 9 – paragraph 6 – point i a (new)
(ia) the presence of persons with disabilities or of other vulnerable persons;
Amendment 198 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Amendment 203 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Rescue by private parties Each Member State shall require the master of a ship flying its flag to proceed with all possible speed to the rescue of persons in distress at sea and to render all possible assistance to them regardless of their nationality or status or of the circumstances in which these persons are found, provided that he can do so without serious danger to the ship, the crew or the passengers. Member States shall not take any measures, including criminal procedures and sanctions, against ship masters who have rescued persons in distress and brought them to a harbour on their territory.