32 Amendments of Birgit SIPPEL related to 2015/0310(COD)
Amendment 245 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein, to safeguard free movement and the fundamental rights of persons in the area of freedom, security and justice without internal borders by effectively managing migration and thereby ensuring a high level of internal security.
Amendment 291 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) Search and Rescue Operations for persons in distress at sea;
Amendment 294 #
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) The identification, provision of initial information to and onward referral of persons arriving at the external borders who are in need of, or wish to apply for, international protection;
Amendment 356 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) carry out a vulnerability assessment including the assessment of the capacity of Member States to face threatchallenges and pressures at the external borders while complying with the relevant EU legislation and their international human rights obligations;
Amendment 499 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess theOn the basis of the risk analysis prepared in accordance with Article 10(3), the Executive Director shall propose to the Management Board a set of objective criteria against which the Agency shall carry out vulnerability assessments of all Member States with external borders. Before proposing that set of objective criteria, the Executive Director shall consult with and take into account the views of the Fundamental Rights Officer with a view to ensuring that the criteria against which vulnerability is assessed reflect the need to ensure the respect of fundamental rights in accordance with Union law in all aspects of border control. That vulnerability assessment shall seek to assess the available infrastructure (including reception capacity), technical equipment, systems, capabilities, resources, and contingency plans of the Member States regardingin the context of border control. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 583 #
Proposal for a regulation
Article 15 – paragraph 3 – point d a (new)
Article 15 – paragraph 3 – point d a (new)
(da) a description of the fundamental rights implications and risks of the joint operation;
Amendment 619 #
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals, the provision of initial information to and onward referral of those persons arriving who are in need of, or wish to apply for, international protection, and, where requested by the Member State, the fingerprinting of third- country nationals;
Amendment 621 #
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
Amendment 666 #
Proposal for a regulation
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
Amendment 706 #
Proposal for a regulation
Article 21 – paragraph 3 – point d
Article 21 – paragraph 3 – point d
(d) observe and promote the application of existing and future Union measures relating to the management of external borders and respect for fundamental rights in border management activities, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention;
Amendment 716 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director shall withdraw the financing of a joint operation or a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. For this purpose, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing of a joint operation or a rapid border intervention.
Amendment 744 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 762 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
Amendment 764 #
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Every return operation shall be monitored in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring of return operations shall be carried by the forced return monitor out on the basis of objective and transparent criteria and shall cover the whole return operation from the pre-departure phase until the hand-over of the returnees in the third country of return. The forced return monitor shall submit a report on the monitoring of the operation to the Executive Director and to the competent national authorities of all the Member States involved in that operation. Any appropriate follow-up shall be ensured by the Executive Director and competent national authorities respectively.
Amendment 798 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Amendment 800 #
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32 b Suspension or termination of return operations and return interventions 1. The Executive Director shall terminate, after informing the Member States concerned, return operations or return interventions if the conditions to conduct those activities are no longer fulfilled. 2. The Executive Director may withdraw the financing of a return intervention or suspend or terminate it if the operational plan is not respected by either the host Member State or the participating Member States. 3. The Executive Director shall withdraw the financing of a return operation or a return intervention, or suspend or terminate, in whole or in part, a return operation or a return intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. 4. For these purposes, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing of return operations and return interventions.
Amendment 811 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is, in contravention of the principle of non-refoulement, disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non-refoulementwhere, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion or retur, removal or extradition to another country in contravention of that principle.
Amendment 820 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In the performance of all its tasks, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the Consultative Forum and the Fundamental Rights Officer. The Agency shall inform the Consultative Forum and Fundamental Rights Officer how it has altered or not its activities as a response to reports and recommendations of these bodies, and include details in its annual report.
Amendment 823 #
Proposal for a regulation
Article 33 – paragraph 4 – point 1 (new)
Article 33 – paragraph 4 – point 1 (new)
(1) The Agency shall include a detailed programme for the further development and implementation of the Fundamental Rights Strategy in its annual work programme and report on it in its annual activity report.
Amendment 863 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Agency may acquire, itself or in co-ownership with a Member State, or lease technical equipment to be deployed during joint operations, pilot projects, rapid border interventions, search and rescue operations, return operations, return interventions or technical assistance projects in accordance with the financial rules applicable to the Agency.
Amendment 873 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
Amendment 897 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the Data Protection Officer ofA Data Protection Officer shall be appointed in accordance with Regulation (EC) No 45/2001. The Management Board shall establish measures for the application of that Regulation by the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor.
Amendment 1044 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The Commission shall propose candidates for the posappointment of the Executive Director and the Deputy Executive Director based on a list following publication of the post in the Official Journal of the European Union anshall take place in accordance with the cooperation (concertation) procedure provided for in paragraph 2. The Executive Director and Deputy Executive Director shall be appointed on ther press or internet sites as appropriate basis of his or her merit, documented high-level administrative and management skills, and senior professional experience in the field of the management of external borders.
Amendment 1052 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board on the grounds of merit and documented high-level administrative and management skills, as well as senior profcooperation procedure shall be as follows: (a) on the basis of a list drawn up by the Commission, following publication of the posts in the Official Journal of the European Union and other press or internet sites as appropriate, and before the appointments are made, applicants will be asked to address the Council and the competent European Parliament Committee and to reply to quesstional experience in the field of management of the external borders and returns; (b) the European Parliament and the Council will then give their opinions and state their orders of preference; (c) the Management Board shall appoint the Director and Deputy Executive Director taking those opinions into account. The Management Board shall take its decisions by a two- thirds majority of all members with a right to vote.
Amendment 1103 #
Proposal for a regulation
Article 71 – paragraph 2 – point 1 (new)
Article 71 – paragraph 2 – point 1 (new)
(1) The Fundamental Right Officer shall have access to all information concerning respect for fundamental rights in relation to all activities of the Agency.
Amendment 1113 #
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. The Agency, in cooperation with the Fundamental Rights Officer, shall take the necessary measures to set up an independent, impartial and effective complaint mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency.
Amendment 1122 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which are anonymousill founded, malicious, frivolous, vexatious, hypothetical or inaccuratunidentifiable shall be excluded from the complaint mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant.
Amendment 1125 #
Proposal for a regulation
Article 72 – paragraph 4
Article 72 – paragraph 4
4. The Fundamental Rights Officer shall be responsible for handling complaints received by the Agency in accordance with the EU Charter of Fundamental Rights, including the right to good administration. For this purpose, the Fundamental Rights Officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the Executive Director, forwar and complaints concerning border guards to the home Member State and register the follow-up by the Agency or that Member State, including the relevant authority or body competent for fundamental rights in Member State, within a determined time period. The Fundamental Rights Officer will also register and ensure the follow-up by the Agency or that Member State. Any decision shall be in written form and reasoned. The Fundamental Rights Officer shall inform the complainant of the decision on admissibility, and of the national authorities to which his or her complaint was forwarded. The person shall have the right to appeal decisions on admissibility.
Amendment 1141 #
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7a. The Agency shall provide publicly accessible information on the complaints mechanism in the context of its annual report, indicating the number of complaints received, the types of fundamental rights violations, the operation concerned and the follow-up measures taken by Agency which would help it to identify possible shortcomings and improve its working methods.
Amendment 1148 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 1
Article 72 – paragraph 9 – subparagraph 1
The Fundamental Rights Officer shall, after consulting the Consultative Forum, draw up a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights establish the procedure for the complaints mechanism, after consulting the Consultative Forum, on the basis of Article 41 and 47 of the EU Charter of Fundamental Rights, including a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights, and the detailed procedures for information, admissibility, follow-up and appeal, including, where necessary, measures to facilitate access to the complaints mechanism and effective remedies for individuals who are residing in a third country. The Fundamental Rights Officer shall submit that form to the Executive Director and to the Management Board.
Amendment 1150 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that tinformation about the possibility and procedure for making a complaint is readily available. The standardized complaint form ishall be made available in most common languages and that it shall be made availablethird- country nationals understand or may be reasonably supposed to understand on the Agency’'s website and in hardcopy during all activities of the Agency. Further guidance and assistance on the complaints procedure shall be provided to alleged victims and on request. Information tailored to children and other vulnerable groups shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1159 #
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 3 – point 1 (new)
Article 72 – paragraph 10 – subparagraph 3 – point 1 (new)
(1) Data protection rights and related complaints shall be dealt with by the Data Protection Officer in accordance with Article 44 (1). Where there is uncertainty regarding responsibility for a specific complaint, that responsibility shall be determined on the basis of a written understanding between the Fundamental Rights Officer and the Data Protection Officer.