Awaiting committee decision
2018/0330(COD) European Border and Coast Guard
Lead committee dossier: LIBE/8/14600
Legal Basis TFEU 077-p2, TFEU 079-p2
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | AFET | ||
| Opinion | BUDG | GEIER Jens (S&D) | |
| Lead | LIBE | METSOLA Roberta (EPP) | NIEDERMÜLLER Péter (S&D), VISTISEN Anders Primdahl (ECR), GRIESBECK Nathalie (ALDE), ALBIOL GUZMÁN Marina (GUE/NGL), KELLER Ska (Verts/ALE), FERRARA Laura (EFD), BAY Nicolas (ENF) |
| Opinion | PECH |
Legal Basis TFEU 077-p2, TFEU 079-p2
Subjects
Activites
-
2018/10/22
Committee referral announced in Parliament, 1st reading/single reading
- #3641
- 2018/10/12 Council Meeting
-
2018/09/12
Legislative proposal published
- COM(2018)0631
- DG {'url': 'http://ec.europa.eu/info/departments/migration-and-home-affairs_en', 'title': 'Migration and Home Affairs'}, AVRAMOPOULOS Dimitris
Documents
- Legislative proposal published: COM(2018)0631
- Debate in Council: 3641
| Amendments | Dossier |
| 1486 |
2018/0330(COD)
2018/11/22
BUDG
9 amendments...
Amendment 10 #
Proposal for a regulation Recital 91 (91) In order to guarantee the autonomy
Amendment 11 #
Proposal for a regulation Recital 92 (92) The Agency is expected to face challenging circumstances in the coming years to fulfil exceptional needs for recruiting and retaining qualified staff from the broadest possible geographical basis. The Member States, according to their capacities, capabilities, and preparedness, are responsible for making sure that the standing corps is set up and operational without any delay.
Amendment 12 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part (1) The Agency, while avoiding duplicating Member States' operational work, shall perform the following tasks with a view to contributing to an efficient, high and uniform level of border control and return:
Amendment 13 #
Proposal for a regulation Article 55 – paragraph 2 2. The Agency shall deploy members of the European Border and Coast Guard standing corps as members of the border management teams, migration management support teams, return teams in joint operations, rapid border interventions or return interventions or any other relevant operational activities in the Member States or in third countries. The Agency and the relevant Member State should make sure no operational overlaps are created.
Amendment 14 #
Proposal for a regulation Article 111 – paragraph 5 – subparagraph 1 (new) The provisional draft estimate shall be based on the detailed objectives and the expected results of the annual work programme and shall take into account the financial resources necessary to achieve those objectives and results, in accordance with the principle of performance-based budgeting
Amendment 15 #
Proposal for a regulation Annex I Composition of the European Border and Coast Guard standing corps per year and category in accordance with Article XX Category 2 Category 3 Total for the European Category Category 1 Operational staff for Operational staff for Border and Coast Guard Year Agency Staff long term short term standing Corps secondments deployments 2020 1
Amendment 7 #
Proposal for a regulation Recital 5 a (new) (5 a) The standing corps of 10 000 operational staff should mainly consist of operational staff seconded from Member States. The Member States, according to their capacities, capabilities, and preparedness, are responsible for making sure that the standing corps is set up and operational without any delay.
Amendment 8 #
Proposal for a regulation Recital 10 (10) European Integrated Border Management should be implemented as a shared responsibility of the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks, and those responsible for returns. While Member States retain the primary responsibility for the management of their external borders in their interest and in the interest of all Member States and are responsible for issuing return decisions, the Agency should support the application of Union measures relating to the management of the external borders and returns by reinforcing, assessing and coordinating the actions of Member States which implement those measures. There should be no operational overlaps between the Agency and the Member States.
Amendment 9 #
Proposal for a regulation Recital 51 (51) The European Border and Coast Guard standing corps should be a standing corps composed of 10,000 operational staff being border guards, return escorts, return specialists and other relevant staff. The standing corps should be composed of three categories of operational staff, namely statutory staff members employed by the European Border and Coast Guard Agency, staff seconded to the Agency by the Member States for long term durations and staff provided by Member States for short term deployments. The standing corps should mainly consist of operational staff seconded from Member States. The European Border and Coast Guard standing corps should be deployed in the framework of border management teams, migration management support teams or return teams.
source: 630.649
2018/12/11
LIBE
1445 amendments...
Amendment 1000 #
Proposal for a regulation Article 49 – paragraph 1 – point e (e) provide technical and operational assistance to the Member States which expressly request it in the identification of third-country nationals and the acquisition of travel documents, including by means of consular cooperation, without disclosing information relating to the fact that an application for international protection has been made; organise and coordinate return operations and provide support with voluntary departures in cooperation with the Member States;
Amendment 1001 #
Proposal for a regulation Article 49 – paragraph 2 Amendment 1002 #
Proposal for a regulation Article 49 – paragraph 2 – introductory part 2. The technical and operational assistance referred to in point (b) of paragraph 1 shall include activities to help Member States carry out return procedures by the competent national authorities by providing
Amendment 1003 #
Proposal for a regulation Article 49 – paragraph 2 – point a (a) providing interpreting services;
Amendment 1004 #
Proposal for a regulation Article 49 – paragraph 2 – point b (b) practical information, analysis and recommendations on third countries of return relevant for the implementation of this Regulation, including the information concerning the fundamental rights situation, in cooperation, where appropriate, with other Union bodies, offices and agencies, including E
Amendment 1005 #
Proposal for a regulation Article 49 – paragraph 2 – point b (b) practical information, analysis and recommendations on third countries of return relevant for the implementation of this Regulation, in cooperation, where appropriate, with other Union bodies, offices and agencies, including
Amendment 1006 #
Proposal for a regulation Article 49 – paragraph 2 – point b (b) providing practical information, analysis and recommendations on third countries of return relevant for the implementation of this Regulation, in cooperation, where appropriate, with other Union bodies, offices and agencies, including EASO;
Amendment 1007 #
Proposal for a regulation Article 49 – paragraph 2 – point b (b) practical information
Amendment 1008 #
Proposal for a regulation Article 49 – paragraph 2 – point c Amendment 1009 #
Proposal for a regulation Article 49 – paragraph 2 – point c (c) advice on and technical and operational assistance in the implementation and management of return procedures in
Amendment 1010 #
Proposal for a regulation Article 49 – paragraph 2 – point c (c) advice on and technical and operational assistance in the implementation and management of return procedures in compliance with Directive 2008/115/EC, including in the
Amendment 1011 #
Proposal for a regulation Article 49 – paragraph 2 – point c (c) advice on and technical and operational assistance in the implementation and management of return procedures in compliance with Directive 2008/115/EC, including providing assistance in the preparation of return decisions, in identification and in the acquisition of travel documents;
Amendment 1012 #
Proposal for a regulation Article 49 – paragraph 2 – point d (d) advice on and assistance in measures that are legitimate, proportionate and necessary to ensure the availability of returnees for return purposes and to prevent returnees from absconding, and advice on alternative to detention, in accordance with Directive 2008/115/EC and international law;
Amendment 1013 #
Proposal for a regulation Article 49 – paragraph 2 – point d (d) providing advice on and assistance in measures taken by Member States that are necessary to ensure the availability of returnees for return purposes and to prevent returnees from absconding, in accordance with Directive 2008/115/EC and international law;
Amendment 1014 #
Proposal for a regulation Article 49 – paragraph 2 – point d (d) advice on and assistance in measures necessary to ensure the availability of returnees for return purposes a
Amendment 1015 #
Proposal for a regulation Article 49 – paragraph 2 – point e (e) equipment, capacities and expertise for the implementation of return decisions
Amendment 1016 #
Proposal for a regulation Article 49 – paragraph 2 – point e (e) providing equipment, capacities and expertise for the implementation of return decisions and for the identification of third-country nationals.
Amendment 1017 #
Proposal for a regulation Article 49 – paragraph 4 Amendment 1018 #
Proposal for a regulation Article 49 – paragraph 4 Amendment 1019 #
Proposal for a regulation Article 50 Amendment 1020 #
Proposal for a regulation Article 50 – paragraph 1 The Agency shall develop, deploy and operate information systems and software applications allowing for the exchange of classified and sensitive non-classified information for the purpose of return within the European Border and Coast Guard and for the purpose of exchanging personal data referred to in Articles 87- 89in accordance with Commission Decision (EU, Euratom) 2015/444, Commission Decision (EU, Euratom) 2015/443 and
Amendment 1021 #
Proposal for a regulation Article 50 – paragraph 1 The Agency shall
Amendment 1022 #
Proposal for a regulation Article 50 – paragraph 2 Amendment 1023 #
Proposal for a regulation Article 50 – paragraph 2 In particular, the Agency shall set up, operate and maintain a central system for processing all information and data,
Amendment 1024 #
Proposal for a regulation Article 50 – paragraph 2 Amendment 1026 #
Proposal for a regulation Article 51 – paragraph 1 1. Without entering into the merits of return decisions, the Agency shall provide technical and operational assistance and ensure the coordination or the organisation of return
Amendment 1027 #
Proposal for a regulation Article 51 – paragraph 1 1. Without prejudice to the competences of Member States as regards issuing return decisions and without entering into the merits of
Amendment 1028 #
Proposal for a regulation Article 51 – paragraph 1 1. Without entering into the merits of return decisions, the Agency shall provide technical and operational assistance
Amendment 1029 #
Proposal for a regulation Article 51 – paragraph 1 1. Without prejudice to the competences of Member States concerning return decisions and without entering into the merits of
Amendment 1030 #
Proposal for a regulation Article 51 – paragraph 1 1. Without entering into the merits of return decisions, the Agency shall provide technical and operational assistance and ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations or organising returns on scheduled flights. The Agency may, on its own initiative coordinate or organise return operations in accordance with Article 7(2).
Amendment 1031 #
Proposal for a regulation Article 51 – paragraph 1 1. Without entering into the merits of
Amendment 1032 #
Proposal for a regulation Article 51 – paragraph 1 a (new) 1a. When the Agency provides technical and operational assistance to Member States in organising the return of third-country nationals, the Agency, through its coordinating officer, shall verify that all third-country nationals embarking on flights organised or coordinated by the Agency have received a return decision in accordance with Directive 2008/115/EC and that no appeal to a national court of to the European Court of Human Rights is awaiting a decision.
Amendment 1033 #
Proposal for a regulation Article 51 – paragraph 1 a (new) 1 a. The Agency shall not coordinate, organise or propose return operations to third countries where risks of fundamental rights violations or serious deficiencies in relevant civil and criminal laws and procedures have been identified through risk analyses, or reports from the Fundamental Rights Officer, EU agencies, human rights bodies, intergovernmental and non-governmental organisations.
Amendment 1034 #
Proposal for a regulation Article 51 – paragraph 1 a (new) 1 a. Member States shall transmit to the Agency a copy of the return decision in respect of any returnee who is to be returned with the technical and operational assistance of the Agency.
Amendment 1035 #
Proposal for a regulation Article 51 – paragraph 2 Amendment 1036 #
Proposal for a regulation Article 51 – paragraph 2 2. Member States shall
Amendment 1037 #
Proposal for a regulation Article 51 – paragraph 2 2. Member States shall on a monthly basis provide operational data on return necessary for the assessment of return needs by the Agency and inform the Agency of their indicative planning of the number of returnees and of the third countries of return, both with respect to relevant national return operations, and of their needs for assistance or coordination by the Agency. The Agency shall draw up and maintain a rolling operational plan to provide the requesting Member States with the necessary operational assistance and reinforcements, including through technical equipment. The Agency may,
Amendment 1038 #
Proposal for a regulation Article 51 – paragraph 2 a (new) 2 a. Operational plans for all Agency supported and coordinated return operations and interventions shall be agreed between, and be binding upon, the Agency, the participating Member States and participating third countries in all return operations and return interventions, on the proposal of the Executive Director. Operational plans shall be drafted in line with Article 15 and shall cover all aspects necessary for carrying out the return operation, including inter alia, procedures for monitoring, reporting and complaints mechanism, and detailed provisions on the implementation of fundamental rights and rule of law safeguards, with reference to relevant standards and codes of conduct.
Amendment 1039 #
Proposal for a regulation Article 51 – paragraph 3 3. The Agency may provide technical and operational assistance and, either at the request of the participating Member States or on its own initiative
Amendment 1040 #
Proposal for a regulation Article 51 – paragraph 3 3. The Agency may provide technical and operational assistance and, either at the request of the participating Member States
Amendment 1041 #
Proposal for a regulation Article 51 – paragraph 3 3. The Agency may provide technical and operational assistance and,
Amendment 1042 #
Proposal for a regulation Article 51 – paragraph 3 3. The Agency may provide technical and operational assistance and,
Amendment 1043 #
Proposal for a regulation Article 51 – paragraph 5 – subparagraph 2 Every return operation shall be monitored in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring of forced-return operations shall be carried out by the forced-return monitor on the basis of objective and transparent criteria
Amendment 1044 #
Proposal for a regulation Article 51 – paragraph 5 – subparagraph 3 If the Agency has concerns regarding the respect of fundamental rights
Amendment 1045 #
Proposal for a regulation Article 51 – paragraph 5 – subparagraph 3 If the Agency has concerns regarding the respect of fundamental rights
Amendment 1046 #
Proposal for a regulation Article 51 – paragraph 6 6. The executive director shall evaluate the results of the return operations and shall transmit every six months a detailed evaluation report covering all return operations conducted in the previous semester to the Council, to the Parliament and to the management board, together with the observations of the fundamental rights officer. The executive director shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future return operations. The executive director shall include that analysis in the Agency's annual activity report.
Amendment 1047 #
Proposal for a regulation Article 51 – paragraph 7 7. The Agency shall finance or co- finance return operations from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas
Amendment 1048 #
Proposal for a regulation Article 51 – paragraph 7 7. The Agency shall finance or co- finance return operations from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas
Amendment 1049 #
Proposal for a regulation Article 51 – paragraph 7 7. The Agency shall finance or co-
Amendment 1050 #
Proposal for a regulation Article 51 – paragraph 7 7. The Agency shall finance or co- finance return operations from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas
Amendment 1051 #
Proposal for a regulation Article 51 – paragraph 7 7. The Agency shall
Amendment 1052 #
Proposal for a regulation Article 52 Amendment 1053 #
Proposal for a regulation Article 52 – paragraph 1 1. The Agency shall,
Amendment 1054 #
Proposal for a regulation Article 52 – paragraph 1 1. The Agency shall, after consulting the fundamental rights officer, constitute a pool of forced-return monitors from the European Border and Coast Guard standing corps and from competent bodies who carry out forced-
Amendment 1055 #
Proposal for a regulation Article 52 – paragraph 2 2. The management board shall, on a proposal of the executive director determine the profile and the number of forced-return monitors to be made available to that pool, taking into account the number of return specialists and forced-return escorts available to the Agency to assist in return operations and interventions. The same procedure shall apply with regard to any subsequent
Amendment 1056 #
Proposal for a regulation Article 52 – paragraph 2 2. The management board shall, on a proposal of the executive director determine the profile and the number of forced-return monitors to be made available to that sub-pool. The same procedure shall apply with regard to any subsequent changes in the profile and overall numbers. Member States shall be responsible for contributing to the pool by nominating forced-return monitors corresponding to the defined profile. Forced-return monitors with specific expertise in child protection shall be included in the pool.
Amendment 1057 #
Proposal for a regulation Article 52 – paragraph 3 Amendment 1058 #
Proposal for a regulation Article 52 – paragraph 5 5. Forced-return monitors, who are not statutory staff of the Agency, shall remain subject to the disciplinary measures of their home Member State in the course of a return operation or return intervention.
Amendment 1059 #
Proposal for a regulation Article 52 – paragraph 5 a (new) 5 a. After the pool of forced-return monitors is constituted by the Agency, following the determination of the profile and the number of forced-return monitors, the Agency shall entrust the Council of Europe and its forced return monitors within its Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to conduct spot-checks on a selected sample of a maximum of 20 per cent of return operations carried out or facilitated by the Agency. The Council of Europe's forced return monitors shall compile a report following each spot- check. The Council of Europe shall compile an annual evaluation report from the information collected which shall be communicated to the Executive Director, the Agency's Management Board, Fundamental Rights Officer and Consultative Forum, the European Parliament, the Council and the European Commission. The Council of Europe shall receive an adequate budget by the Agency on an annual basis to evaluate the Agency's pool of forced- return monitors. The results of the annual evaluation report shall be taken into account in the evaluation of this Regulation in line with the provisions laid down in Article 116.
Amendment 1060 #
Proposal for a regulation Article 52 – paragraph 5 b (new) 5 b. No forced return shall be carried out or facilitated by the Agency before its pool of forced-return monitors is fully constituted and ready for deployment.
Amendment 1061 #
Proposal for a regulation Article 53 Amendment 1062 #
Proposal for a regulation Article 53 – paragraph 1 1. The Agency may deploy return teams
Amendment 1063 #
Proposal for a regulation Article 53 – paragraph 1 1. The Agency may deploy return teams, that also consist of officers with specific expertise in child protection, either at the request of a Member State or on its own initiative, during return
Amendment 1064 #
Proposal for a regulation Article 53 – paragraph 1 1. The Agency may deploy return teams, that also consist of officers with specific expertise in child protection, either at the request of a Member State or on its own initiative, during return interventions, in the framework of migration management teams or as necessary to provide additional technical and operational assistance in the area of return, including where such challenges are linked to large inward mixed migratory flows or taking in third-country nationals rescued at sea.
Amendment 1065 #
Proposal for a regulation Article 53 – paragraph 1 1. The Agency may deploy return teams
Amendment 1066 #
Proposal for a regulation Article 53 – paragraph 1 1. The Agency may deploy return teams either at the request of a Member State or on its own initiative in accordance with Article 47(4), during return interventions, in the framework of migration management teams or as necessary to provide additional technical and operational assistance in the area of return, including where such challenges are linked to large inward mixed migratory flows or taking in third-country nationals rescued at sea.
Amendment 1067 #
Proposal for a regulation Article 53 – paragraph 1 1. The Agency may deploy return teams
Amendment 1068 #
Proposal for a regulation Article 53 – paragraph 1 1. The Agency may deploy return teams
Amendment 1069 #
Amendment 1070 #
Proposal for a regulation Article 54 – paragraph 1 1. In circumstances where a Member State is facing a burden when implementing the obligation to return third- country nationals who are the subject of return decisions issued by a Member State, the Agency shall,
Amendment 1071 #
Proposal for a regulation Article 54 – paragraph 1 1. In circumstances where a Member State is facing a burden when implementing the obligation to return third- country nationals who are the subject of return decisions issued by a Member State, the Agency shall, either on its own initiative with the agreement of the Member State concerned or upon request of that Member State, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist of the deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State.
Amendment 1072 #
Proposal for a regulation Article 54 – paragraph 1 1. In circumstances where a Member State is facing a burden when implementing the obligation to return third- country nationals who are the subject of return decisions issued by a Member State, the Agency shall, either on its own initiative in accordance with Article 47(4) or upon request of that Member State, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist of the deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State.
Amendment 1073 #
Proposal for a regulation Article 54 – paragraph 1 1. In circumstances where a Member State is facing a burden when implementing the obligation to return
Amendment 1074 #
Proposal for a regulation Article 54 – paragraph 1 1. In circumstances where a Member State is facing a burden when implementing the obligation to return third- country nationals who are the subject of return decisions issued by a Member State, the Agency shall,
Amendment 1075 #
Proposal for a regulation Article 54 – paragraph 1 1. In circumstances where a Member State is facing a burden when implementing the obligation to return third- country nationals who are the subject of
Amendment 1076 #
Proposal for a regulation Article 54 – paragraph 2 Amendment 1077 #
Amendment 1078 #
Proposal for a regulation Article 54 – paragraph 2 Amendment 1079 #
Proposal for a regulation Article 54 – paragraph 2 2. The Agency may also launch return interventions in third countries, based on the directions set out in the
Amendment 1080 #
Proposal for a regulation Article 54 – paragraph 2 a (new) 2 a. The Agency shall also support return operations from one third country to another third country where (a) the third country that issued the return decision is a potential candidate or a candidate country for accession to the European Union, or is a country covered by the European Neighbourhood Policy. (b) the third country accepting the returnee is the country of origin of the third country national
Amendment 1081 #
Proposal for a regulation Article 54 – paragraph 3 3. In circumstances where a Member State is facing specific and disproportionate challenges when implementing its obligation to return third- country nationals who are the subject of return decisions, the Agency shall,
Amendment 1082 #
Proposal for a regulation Article 54 – paragraph 3 3. In circumstances where a Member State is facing specific and
Amendment 1083 #
Proposal for a regulation Article 54 – paragraph 3 3. In circumstances where a Member State is facing specific and disproportionate challenges when implementing its obligation to return third- country nationals who are the subject of return decisions, the Agency shall,
Amendment 1084 #
Proposal for a regulation Article 54 – paragraph 3 3. In circumstances where a Member State is facing specific and disproportionate challenges when implementing its obligation to return third- country nationals who are the subject of return decisions, the Agency shall,
Amendment 1085 #
Proposal for a regulation Article 54 – paragraph 6 6. The Agency shall
Amendment 1086 #
Proposal for a regulation Article 55 – paragraph 1 – introductory part 1. A European Border and Coast Guard standing corps of
Amendment 1087 #
Proposal for a regulation Article 55 – paragraph 1 – introductory part 1. A European Border and Coast Guard standing corps of 10 000 operational staff shall be part of the Agency. This standing corps shall be composed of the following
Amendment 1088 #
Proposal for a regulation Article 55 – paragraph 1 – introductory part 1. A European Border and Coast Guard standing corps of
Amendment 1089 #
Proposal for a regulation Article 55 – paragraph 1 – point a Amendment 1090 #
Proposal for a regulation Article 55 – paragraph 1 – point a a (new) (a a) Category1a: independent operational staff members of the Agency, reporting directly to the Fundamental Rights Officer, recruited in accordance with Article 94(1) and tasked with monitoring the fundamental rights compliance of all activities and operations of the Agency at the external borders and as part of return operations and activities;
Amendment 1091 #
Proposal for a regulation Article 55 – paragraph 1 – point c (c) Category 3: operational staff from Member States provided to the Agency for a short term deployment
Amendment 1092 #
Proposal for a regulation Article 55 – paragraph 1 – subparagraph 1 (new) In conjunction with the submission of the proposal for a decision referred to in Article 8(4), the Commission shall submit to the Council a proposal for a decision determining the annual plan of availability for each of the three categories of staff of the European Border and Coast Guard standing corps for the time period corresponding to the strategic political cycle. The Council, acting by a qualified majority, may amend the Commission proposal and adopt the text as amended in the form of a Council decision.
Amendment 1093 #
Proposal for a regulation Article 55 – paragraph 2 2. The Agency shall deploy members of the European Border and Coast Guard standing corps as members of the border management teams, migration management support teams, return teams in joint operations, rapid border interventions or return interventions or any other relevant operational activities in the Member States or in third countries. The Agency and the relevant Member State should ensure that no operational overlap is created.
Amendment 1094 #
Proposal for a regulation Article 55 – paragraph 2 2. The Agency shall deploy members of the European Border and Coast Guard standing corps as members of the border management teams, migration management support teams, return teams in joint operations, including forced-return monitors, rapid border interventions or return interventions or any other relevant operational activities in the Member States
Amendment 1095 #
Proposal for a regulation Article 55 – paragraph 2 2. The Agency shall deploy members of the European Border and Coast Guard standing corps as members of the border management teams, migration management support teams, return teams in joint operations, rapid border interventions or return interventions or any other relevant operational activities in the Member States
Amendment 1096 #
Proposal for a regulation Article 55 – paragraph 2 a (new) 2 a. The Agency may deploy, at the request of the Commission or at the request of a Member State, members of the European Border and Coast Guard standing corps as members of Europol teams tasked with matters relating to cross-border crime, including terrorism and smuggling of weapons or drugs.
Amendment 1097 #
Proposal for a regulation Article 55 – paragraph 3 Amendment 1098 #
Proposal for a regulation Article 55 – paragraph 3 3. In accordance with Article 83, all the members of the European Border and Coast Guard standing corps
Amendment 1099 #
Proposal for a regulation Article 55 – paragraph 4 – introductory part 4.
Amendment 1100 #
Proposal for a regulation Article 55 – paragraph 4 – introductory part 4. On a proposal by the executive director taking into account the Agency's risk analysis, the results of the vulnerability assessment
Amendment 1101 #
Proposal for a regulation Article 55 – paragraph 4 – point b Amendment 1102 #
Proposal for a regulation Article 55 – paragraph 5 Amendment 1103 #
Proposal for a regulation Article 55 – paragraph 5 Amendment 1104 #
Proposal for a regulation Article 55 – paragraph 6 6.
Amendment 1105 #
Proposal for a regulation Article 55 – paragraph 6 a (new) 6 a. The secondment of staff to the Agency will be determined based on the needs and capabilities of the Member States to protect their borders.
Amendment 1106 #
Proposal for a regulation Article 56 A
Amendment 1107 #
Proposal for a regulation Article 56 – paragraph 1 a (new) 1 a. The Agency shall contribute to the European Border and Coast Guard standing corps members of its statutory staff (Category1a) to be deployed to operational areas and return operations and activities, reporting directly to the Fundamental Rights Officer, tasked with monitoring the fundamental rights compliance of all activities and operations of the Agency at the external borders and as part of return operations and activities. The statutory staff belonging to Category 1a shall be independent in the performance of their duties. They shall report directly to the Fundamental Rights Officer and to the Consultative Forum. They shall have the necessary qualifications and experience in the field of fundamental rights and return monitoring.
Amendment 1108 #
Proposal for a regulation Article 56 – paragraph 2 2. In accordance with Article 62(2), following their recruitment, the new staff members shall undergo full border-guard or return-related training, as relevant, in the framework of dedicated training programmes designed by the Agency
Amendment 1109 #
Proposal for a regulation Article 56 – paragraph 2 2. In accordance with Article 62(2), following their recruitment, the new staff members shall undergo full border-guard or return-related training, as relevant, and shall undergo a full fundamental rights training, in the framework of dedicated training programmes designed by the Agency, and, based on agreements with selected Member States, implemented in their specialised academies. The cost of training shall be entirely covered by the Agency.
Amendment 1110 #
Proposal for a regulation Article 56 – paragraph 3 3. Throughout their employment, the Agency shall ensure that its statutory staff members discharge their duties as team members with high standards. Adequate training maps shall be designed for each staff member ensuring their constant
Amendment 1111 #
Proposal for a regulation Article 56 – paragraph 4 4. Other staff members employed by the Agency who are not qualified to perform border control, fundamental rights monitoring or return functions shall only be deployed during joint operations for coordination and other related tasks. They shall not form part of the teams.
Amendment 1112 #
Proposal for a regulation Article 57 – paragraph 1 1. The Member States shall contribute to the European Border and Coast Guard standing corps operational staff seconded as team members to the Agency (Category 2). The duration of individual secondments shall be determined in accordance with Article 93(7). In order to facilitate the implementation of the financial support system referred to in Article 61, the secondment shall, as a general rule, start at the beginning of a calendar year. Member States’ contributions to the standing corps are voluntary.
Amendment 1113 #
Proposal for a regulation Article 57 – paragraph 2 2.
Amendment 1114 #
Proposal for a regulation Article 57 – paragraph 2 2. Each Member State shall
Amendment 1115 #
Proposal for a regulation Article 57 – paragraph 4 4. By 30 June each year, each Member State shall nominate for secondment their operational staff in accordance with the specific numbers and profiles decided by the Management Board for the following year as referred to in Article 55(4). The Agency may verify whether the operational staff proposed by Member States correspond to the defined profiles and possess the necessary language skills. By 15 September, the Agency shall accept the proposed candidates or re
Amendment 1116 #
Proposal for a regulation Article 57 – paragraph 4 4. By 30 June each year, each Member State shall nominate for secondment their operational staff in accordance with the specific numbers and profiles decided by the Management Board for the following year as referred to in Article 55(4). The Agency may verify whether the operational staff proposed by Member States correspond to the defined profiles and possess the necessary language skills. By 15 September, the Agency shall accept the proposed candidates or re
Amendment 1117 #
Proposal for a regulation Article 57 – paragraph 4 4. By 30 June each year, each Member State shall nominate for secondment their operational staff in accordance with the specific numbers and profiles decided by the Management Board for the following year as referred to in Article 55(4). The Agency
Amendment 1118 #
Proposal for a regulation Article 57 – paragraph 4 4. By 30 June each year, each Member State shall nominate for secondment their operational staff in accordance with the specific numbers and profiles decided by the Management Board for the following year as referred to in Article 55(4). The Agency
Amendment 1119 #
Proposal for a regulation Article 57 – paragraph 5 a (new) 5 a. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed and actually deployed to the European Border and Coast Guard standing corps through long-term secondment (Category 2).
Amendment 1120 #
Proposal for a regulation Article 58 – paragraph 1 1. In addition to the secondments in accordance with Article 57, by 30 June of each year, the Member States shall also contribute to the European Border and Coast Guard standing corps by nominating border guards and other relevant staff to the national list of operational staff for short-term deployments (Category 3) in accordance with the contributions indicated in
Amendment 1121 #
Proposal for a regulation Article 58 – paragraph 1 1. In addition to the secondments in accordance with Article 57, by 30 June of
Amendment 1122 #
Proposal for a regulation Article 58 – paragraph 3 3. The Agency may verify whether operational staff nominated for short-term deployments by Member States correspond to the defined profiles and possess the necessary language skills. The Agency
Amendment 1123 #
Proposal for a regulation Article 58 – paragraph 3 3. The Agency may verify whether operational staff nominated for short-term deployments by Member States correspond to the defined profiles and possess the necessary language skills. The Agency
Amendment 1124 #
Proposal for a regulation Article 58 – paragraph 3 3. The Agency
Amendment 1125 #
Proposal for a regulation Article 58 – paragraph 3 3. The Agency
Amendment 1126 #
Proposal for a regulation Article 58 – paragraph 4 4. By 31 July of each year, the Agency shall request the contribution by Member States of their individual operational staff members to joint operations for the following year. The
Amendment 1127 #
Proposal for a regulation Article 58 – paragraph 6 6. In case of increased needs for the reinforcement of an ongoing joint operation or a need to launch a new joint operation not specified in the respective annual work programme, and the corresponding result of annual bilateral negotiations, the Executive Director shall inform without delay the Member States about the additional needs by indicating possible numbers of operational staff and
Amendment 1128 #
Proposal for a regulation Article 58 – paragraph 7 Amendment 1129 #
Proposal for a regulation Article 58 – paragraph 8 a (new) 8 a. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed and actually deployed to the European Border and Coast Guard standing corps through short-term secondment (Category 3). This report shall list the Member States that have invoked the exceptional situation referred to in paragraphs 7 in the previous year. It shall also include the reasons and information provided by the Member State concerned.
Amendment 1130 #
Proposal for a regulation Article 59 – paragraph 1 1. By 31 June 202
Amendment 1131 #
Proposal for a regulation Article 59 – paragraph 2 Amendment 1132 #
Proposal for a regulation Article 59 a (new) Article 59 a Actions before the Court of Justice of the European Union 1. Proceedings may be brought before the Court of Justice of the European Union, in accordance with Article 263 TFEU, to challenge the legality of acts of the Agency. 2. Member States, the Union institutions, and natural and legal persons, may institute proceedings before the Court of Justice of the European Union against acts of the Agency in accordance with Article 263 TFEU. 3. In the event that the Agency has an obligation to act and fails to do so, proceedings for failure to act may be brought before the Court of Justice of the European Union in accordance with Article 265 TFEU. 4. The Agency shall be required to take the necessary measures to comply with the judgment of the Court of Justice of the European Union.
Amendment 1133 #
Proposal for a regulation Article 60 – paragraph 1 1. Subject to the agreement of the host Member State, the Agency may set up antenna offices on its territory monitor the fundamental rights compliance of operations and activities in the area of border management and return to facilitate and improve coordination of the operational activities, including in the field of returns, organised by the Agency in that Member State or in the neighbouring
Amendment 1134 #
Proposal for a regulation Article 60 – paragraph 1 1. Subject to the agreement of the host Member State, the Agency may set up antenna offices on its territory to facilitate and improve coordination of the operational activities
Amendment 1135 #
Proposal for a regulation Article 60 – paragraph 1 1. Subject to the agreement of the host Member State or of the host third country, the Agency may set up antenna offices on
Amendment 1136 #
Proposal for a regulation Article 60 – paragraph 2 2. The Agency and the host Member State or the host third country where the antenna office is set up shall endeavour to make the necessary arrangements in order to provide the best possible conditions needed to fulfil the tasks assigned to the antenna office.
Amendment 1137 #
Proposal for a regulation Article 60 – paragraph 3 – point -a (new) (-a) monitor the fundamental rights compliance of operations and activities in the area of border management and return and report directly to the Fundamental Rights Officer;
Amendment 1138 #
Proposal for a regulation Article 60 – paragraph 3 – point b (b) provide operational support to the Member State or the third country in the operational areas concerned;
Amendment 1139 #
Proposal for a regulation Article 60 – paragraph 3 – point d (d) cooperate with the host Member State
Amendment 1140 #
Proposal for a regulation Article 60 – paragraph 3 – point f (f) support the coordinating officer in facilitating, if necessary, the coordination and communication between the Agency's Teams and the relevant authorities of the host Member State or the host third country;
Amendment 1141 #
Proposal for a regulation Article 60 – paragraph 3 – point i (i) support the Agency's liaison officer to identify any current or future challenges for the border management of the area they
Amendment 1142 #
Proposal for a regulation Article 60 – paragraph 6 6. The Executive Director and the Fundamental Rights Officer shall report to the Management Board and to the Consultative Forum on a quarterly basis on the activities of antenna offices and on fundamental rights compliance as monitored by the antenna offices. The activities of the antenna offices shall be described in a separate section of the annual activity report referred to 98(2) point 10.
Amendment 1143 #
Proposal for a regulation Article 60 – paragraph 6 a (new) 6 a. Where the Commission establishes that there are generalised deficiencies as regards the rule of law in a Member State in which the Agency has established an antenna office, the Commission shall, without delay, report this finding to the executive director. Within a period of one month from being informed of this finding - and unless the antenna office has closed in the meantime - the management board, on a proposal from the executive director, shall decide upon whether to close the antenna office taking full account of the opinion of the Commission.
Amendment 1144 #
Proposal for a regulation Article 62 – paragraph -1 (new) Amendment 1145 #
Proposal for a regulation Article 62 – paragraph 1 1. The Agency shall, taking into account the capability roadmap referred to in Article 9(4), where available, and in cooperation with the appropriate training entities of the Member States, and, where appropriate, EASO and the European Union Agency for Fundamental Rights, develop specific training tools, including specific training in the protection of children and other persons in a vulnerable situation. It shall provide border guards, return specialists, return escorts and forced-return monitors, and other relevant staff who are members of the European Border and Coast Guard standing corps with advanced training relevant to their tasks and powers. Experts from the staff of the Agency shall conduct regular exercises with those border guards and other team members in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 1146 #
Proposal for a regulation Article 62 – paragraph 1 1. The Agency shall, taking into account the capability roadmap referred to in Article 9(4), where available, and in cooperation with the appropriate training entities of the Member States, and, where appropriate,
Amendment 1147 #
Proposal for a regulation Article 62 – paragraph 1 1. The Agency shall, taking into account the capability roadmap referred to in Article 9(4), where available, and in cooperation with the appropriate training entities of the Member States, and
Amendment 1148 #
Proposal for a regulation Article 62 – paragraph 2 2. The Agency shall ensure that all the staff members recruited to act as operational staff of the European Border and Coast Guard standing corps have received adequate training in relevant Union and international law, including on fundamental rights, access to international protection and, where appropriate, search and rescue, prior to their initial deployment in operational activities organised by the Agency. If the operational activities potentially necessitate the use of firearms, the staff members shall receive a comprehensive practical, legal and ethical training, taking into account the staff member's previous training or experience. For that purpose, the Agency shall, based on agreements with selected
Amendment 1149 #
Proposal for a regulation Article 62 – paragraph 2 2. The Agency shall ensure that all the staff members recruited to act as operational staff of the European Border and Coast Guard standing corps have received adequate training in relevant Union and international law, including on fundamental rights, access to international protection and, where appropriate, search and rescue, prior to their initial deployment in operational activities organised by the Agency.
Amendment 1150 #
Proposal for a regulation Article 62 – paragraph 2 2. The Agency shall
Amendment 1151 #
Proposal for a regulation Article 62 – paragraph 3 3. The Agency shall take the necessary initiatives to ensure that all operational staff of the Member States who participate in the teams from the European Border and Coast Guard standing corps,
Amendment 1152 #
Proposal for a regulation Article 62 – paragraph 4 4. The Agency shall take the necessary initiatives to ensure training for staff involved in return-related tasks who are allocated to the European Border and Coast Guard standing corps and the pool referred to in Article 52. The Agency shall ensure that its staff and all staff who participate in return operations and in return interventions have received training in relevant Union and international law, including on fundamental rights
Amendment 1153 #
Proposal for a regulation Article 62 – paragraph 4 4. The Agency shall take the necessary initiatives to ensure training for staff involved in return-related tasks who are allocated to the European Border and Coast Guard standing corps and the pool referred to in Article 52. The Agency shall
Amendment 1154 #
Proposal for a regulation Article 62 – paragraph 6 6. The Agency shall also offer additional training courses and seminars on subjects related to the control of the external borders and return of third-country nationals for officers of the competent national services of Member States
Amendment 1155 #
Proposal for a regulation Article 62 – paragraph 7 Amendment 1156 #
Proposal for a regulation Article 62 – paragraph 7 Amendment 1157 #
Proposal for a regulation Article 62 – paragraph 7 7. The Agency may organise training activities in cooperation with Member States and third countries
Amendment 1158 #
Proposal for a regulation Article 62 – paragraph 8 Amendment 1159 #
Proposal for a regulation Article 62 – paragraph 8 8. The Agency shall establish an exchange programme enabling border guards participating in its teams and staff participating in the European return intervention teams to acquire knowledge or specific know-how from experiences, fundamental rights compliance and good practices abroad by working with border guards and staff involved in return-
Amendment 1160 #
Proposal for a regulation Article 62 – paragraph 8 a (new) 8 a. Nothing in this Regulation shall be construed as providing for or enabling the creation of a centralised Union academy for border guards.
Amendment 1161 #
Proposal for a regulation Article 62 a (new) Amendment 1162 #
Proposal for a regulation Article 63 – paragraph 2 – subparagraph 1 Based on a proposal of the executive director after receiving the positive opinion of the Commission, the management board shall establish a comprehensive multiannual strategy on how the Agency's own technical capabilities shall be developed taking into account
Amendment 1163 #
Proposal for a regulation Article 63 – paragraph 2 – subparagraph 1 Amendment 1164 #
Proposal for a regulation Article 63 – paragraph 5 5. On the basis of a model agreement drawn up by the Agency and approved by the management board, the Member State of registration and the Agency shall agree on terms ensuring the operability of the equipment. In addition to that, regarding major technical equipment such as aircraft, helicopters or vessels, the Member State of registration shall authorise this equipment as being on government service, and to exercise its powers of enforcement in accordance with national, international and Union law. In the case of co-owned assets, the terms shall also cover the periods of
Amendment 1165 #
Proposal for a regulation Article 63 – paragraph 6 6. Where the Agency does not have the required qualified statutory staff, the Member State of registration or the supplier of technical equipment shall provide the necessary experts and technical crew to operate the technical equipment in a legally sound and safe manner. Such experts and technical crew shall count as part of the contribution of that particular Member State to the European Border and Coast Guard standing corps. In such case, technical equipment owned solely by the Agency shall be made available to the Agency upon its request and the Member State of registration may not invoke the exceptional situation referred to in Article 64(8).
Amendment 1166 #
Proposal for a regulation Article 64 – paragraph 6 – subparagraph 1 On a proposal of the executive director taking into account the Agency's risk analysis and the results of vulnerability assessments, the Management Board shall establish by 31 March the minimum number of items of technical equipment required to meet the needs of the Agency in the following year
Amendment 1167 #
Proposal for a regulation Article 64 – paragraph 6 – subparagraph 1 On a proposal of the executive director taking into account the Agency's risk analysis and the results of vulnerability assessments, the Management Board shall establish by 31 March the minimum number of items of technical equipment required to meet the needs of the Agency in the following year, in particular as regards carrying out joint operations, migration management support team
Amendment 1168 #
Proposal for a regulation Article 64 – paragraph 7 7. The technical equipment pool shall contain the minimum number of items of equipment identified as needed by the Agency per type of technical equipment. The equipment listed in the technical equipment pool shall be deployed during joint operations
Amendment 1169 #
Proposal for a regulation Article 64 – paragraph 7 7. The technical equipment pool shall contain the minimum number of items of equipment identified as needed by the Agency per type of technical equipment.
Amendment 1170 #
Proposal for a regulation Article 65 – paragraph 2 – point a (a) the number of operational staff that each Member State has committed to the European and Border Guard standing corps
Amendment 1171 #
Proposal for a regulation Article 65 – paragraph 2 – point b Amendment 1172 #
Proposal for a regulation Article 66 Amendment 1173 #
Proposal for a regulation Article 66 – paragraph 1 1. The Agency shall proactively monitor and contribute to research and innovation activities relevant for European Integrated Border Management
Amendment 1174 #
Amendment 1175 #
Proposal for a regulation Article 66 – paragraph 4 4. The Agency may plan and, subject to approval by the European Parliament and the Council, implement pilot projects regarding matters covered by this Regulation.
Amendment 1176 #
Proposal for a regulation Article 66 – paragraph 4 a (new) 4 a. The Agency shall make public all its research projects, including demonstration projects, the cooperation partners involved and the project budget.
Amendment 1177 #
Proposal for a regulation Article 66 – paragraph 4 b (new) 4 b. The Agency shall ensure lobby transparency by disclosing all its meetings with third party stakeholders.
Amendment 1179 #
Proposal for a regulation Article 67 – paragraph 2 2. Member States
Amendment 1180 #
Proposal for a regulation Article 67 – paragraph 2 2. Member States and the Agency shall establish operational plans for border management and returns. The operational plans of Member States related to border sections with high
Amendment 1181 #
Proposal for a regulation Article 67 – paragraph 2 2. Member States and the Agency shall establish operational plans for border management and returns. The operational plans of Member States related to border sections with high
Amendment 1182 #
Proposal for a regulation Article 67 – paragraph 3 – subparagraph 1 Member States shall adopt a contingency plan for the management of their borders
Amendment 1183 #
Proposal for a regulation Article 67 – paragraph 4 – subparagraph 2 The national capability development plan shall address in particular the recruitment and training policy of the border guards and return specialists, the recruitment and training policy of independent fundamental rights and return monitors, the acquisition and maintenance of equipment and the necessary research and development activities and the corresponding financial aspects.
Amendment 1184 #
Proposal for a regulation Article 67 – paragraph 4 – subparagraph 2 The national capability development plan shall address in particular the recruitment and training policy of the border guards
Amendment 1185 #
Proposal for a regulation Chapter 2 – section 10 Amendment 1186 #
Proposal for a regulation Article 69 – title 69 Cooperation of the Agency with Union institutions, bodies, offices, agencies
Amendment 1187 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 1 The Agency shall cooperate with Union institutions, bodies, offices and agencies
Amendment 1188 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 1 The Agency shall cooperate with Union institutions, bodies, offices and agencies
Amendment 1189 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 1 The Agency shall cooperate with Union
Amendment 1190 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 1 The Agency shall cooperate with Union institutions, bodies, offices and agencies,
Amendment 1191 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 1 a (new) Amendment 1192 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – introductory part In accordance with paragraph 1, the Agency shall cooperate
Amendment 1193 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point a (a) the Commission
Amendment 1194 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point b Amendment 1195 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point c (c) the [European
Amendment 1196 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point k Amendment 1197 #
Amendment 1198 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point k Amendment 1199 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point k Amendment 1200 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point k (k) Missions and operations of the Common Security and Defence Policy, only after a dedicated legal instrument is in place that governs this cooperation, with data protection rules ensuring the right to privacy and the protection of personal data.
Amendment 1201 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point k a (new) (k a) the Council of Europe for the purposes of overseeing the pool of forced- return monitors;
Amendment 1202 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point k a (new) (k a) Office of the United Nations High Commissioner for Refugees
Amendment 1203 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point k b (new) (k b) Office of the United Nations High Commissioner for Human Rights
Amendment 1204 #
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point k c (new) (k c) the Commissioner for Human Rights of the Council of Europe.
Amendment 1205 #
Proposal for a regulation Article 69 – paragraph 2 2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities referred to in paragraph 1. Such arrangements shall have received the Commission's prior approval. In every case, the Agency shall inform the European Parliament of any such arrangements. Such arrangements should clearly indicate the scope, the extent and the level of intrusiveness of the proposed measure to assess the necessity and proportionality of the measure at stake.
Amendment 1206 #
Proposal for a regulation Article 69 – paragraph 2 2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities referred to in paragraph 1. Such arrangements shall have received
Amendment 1207 #
Proposal for a regulation Article 69 – paragraph 2 2. Cooperation referred to in paragraph 1 and 1a shall take place within the framework of working arrangements concluded with the entities referred to in paragraphs 1 and 1a.
Amendment 1208 #
Proposal for a regulation Article 69 – paragraph 2 2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities referred to in paragraph 1.
Amendment 1209 #
Proposal for a regulation Article 69 – paragraph 2 2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities referred to in paragraph 1. Such arrangements shall have received the
Amendment 1210 #
Proposal for a regulation Article 69 – paragraph 2 2. Cooperation referred to in paragraph 1 shall take place within the
Amendment 1211 #
Proposal for a regulation Article 69 – paragraph 3 3. As regards the handling of classified information, those arrangements shall provide that the Union body, office or agency
Amendment 1212 #
Proposal for a regulation Article 69 – paragraph 4 4. In carrying out activities under this Regulation, the Agency shall cooperate with the Commission and, where relevant, with Member States
Amendment 1213 #
Proposal for a regulation Article 69 – paragraph 5 5. The Union institutions, bodies, offices, and agencie
Amendment 1214 #
Proposal for a regulation Article 69 – paragraph 5 5. The Union institutions, bodies, offices
Amendment 1215 #
Proposal for a regulation Article 69 – paragraph 5 5. The Union institutions, bodies, offices, agencies and international organisations referred to in paragraph 1, shall use information received from the Agency only within the limits of their competences and insofar as they respect fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to other Union institutions, bodies, offices and agencies shall be subject to specific working arrangements regarding the exchange of personal data
Amendment 1216 #
Proposal for a regulation Article 69 – paragraph 6 6. Information between the Agency and the Union bodies, offices and agencies
Amendment 1217 #
Proposal for a regulation Article 70 – paragraph 1 – introductory part 1. Without prejudice to EUROSUR, the Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions
Amendment 1218 #
Proposal for a regulation Article 70 – paragraph 1 – point b Amendment 1219 #
Proposal for a regulation Article 70 – paragraph 1 – point e (e) sharing capacity by planning and implementing multipurpose operations, including Search and Rescue, and by sharing assets and other capabilities, to the extent that these activities are coordinated by those agencies and are agreed to by the competent authorities of the Member States concerned.
Amendment 1220 #
Proposal for a regulation Article 70 – paragraph 2 2. The precise forms of cooperation
Amendment 1221 #
Proposal for a regulation Article 71 – paragraph 5 5. Onward transmission or other communication of information exchanged under this Article to third countries or to any other third parties shall be prohibited.
Amendment 1223 #
Proposal for a regulation Article -72 (new) Article -72 Cooperation of the Agency with international organisations 1. The Agency shall cooperate with international organisations, within their respective legal frameworks and make use of existing information, capabilities and systems available in the framework of EUROSUR. In accordance with paragraph 1, the Agency cooperate in particular with : (a) Interpol (b) Organization for Security and Co- operation in Europe (c) The UN Refugee Agency (d) International Organization for Migration (e) United Nations Office on Drugs and Crime (f) International Civil Aviation Organization (g) World Customs Organization 2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities. Such arrangements shall have received the Commission's prior approval. In every case, the Agency shall inform the European Parliament of any such arrangements. Such arrangements should clearly indicate the scope and the extent of the proposed measures to assess the necessity and proportionality of the measures at stake. 2. As regards the handling of classified information, those arrangements shall provide that the international organisation concerned comply with security rules and standards equivalent to those applied by the Agency. An assessment visit shall be conducted prior to the conclusion of the arrangement and the Commission shall be informed of the outcome of the assessment visit. 3. The international organisations referred to in paragraph 1, shall use information received from the Agency only within the limits of their competences and insofar as they respect fundamental rights, including data protection requirements. Any transfer of personal data by the Agency shall be in line with the data protection provisions laid down in Articles 87 to 90. As regards the handling of classified information, those arrangements shall provide that the international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency. 4. Information between the Agency and international organisations, referred to in paragraph 2 shall be exchanged via the communication network referred to in Article 14 or via other accredited information exchange systems which fulfil the criteria of availability, confidentiality and integrity.
Amendment 1224 #
Proposal for a regulation Article 72 Amendment 1225 #
Proposal for a regulation Article 72 – paragraph 1 1. In line with Article 3 (g), the Member States and the Agency shall cooperate with neighbouring third Countries for the purpose of integrated border management
Amendment 1226 #
Proposal for a regulation Article 72 – paragraph 1 1. In line with Article 3 (g), the Member States and the Agency shall cooperate with third Countries for the purpose of integrated border management and migration policy
Amendment 1227 #
Proposal for a regulation Article 72 – paragraph 2 2. Based on the policy priorities set out in accordance with Article8 (4), the Agency shall provide technical and operational assistance to third countries within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement. The assistance to third countries shall compliment the Agency’s support for Member States in the application of Union measures relating to the management of the external borders and the enforcement of return decisions.
Amendment 1228 #
Proposal for a regulation Article 72 – paragraph 2 2. Based on the policy priorities set out in accordance with Article8 (4), the Agency shall provide technical and operational assistance to neighbouring third countries within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement.
Amendment 1229 #
Proposal for a regulation Article 72 – paragraph 3 3. The Agency and Member States shall comply with Union law
Amendment 1230 #
Proposal for a regulation Article 73 Amendment 1231 #
Proposal for a regulation Article 73 – paragraph 3 Amendment 1232 #
Proposal for a regulation Article 73 – paragraph 3 a (new) 3 a. Member States shall ensure that personal data transferred or disclosed to third countries or international organisations is only processed for the purposes for those it was transferred or disclosed, and that data subjects can exercise their rights also in those third countries or in relation to those international organisations. For this, Member States shall in the bilateral or multilateral agreements with third countries or in working arrangements with international organisations include legally binding and enforceable assurances, pursuant to points 2(a) or 3(b) of Article 46 of Regulation (EU) 2018/679. Where no such agreements or arrangements exist pursuant to paragraph 1, Member States shall not transfer or disclose any personal data to the third countries or international organisations.
Amendment 1234 #
Proposal for a regulation Article 74 – paragraph 2 2. When doing so, it shall act within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement, the prohibition of arbitrary detention and the prohibition of torture, inhuman or degrading treatment or punishment, with the support of, and in coordination with, Union delegations
Amendment 1235 #
Proposal for a regulation Article 74 – paragraph 2 2. When doing so, it shall act within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement, with the support of, and in coordination with
Amendment 1236 #
Proposal for a regulation Article 74 – paragraph 2 2. When doing so, it shall act within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement, with the support of, and in coordination with, Union delegations
Amendment 1237 #
Proposal for a regulation Article 74 – paragraph 3 3. In circumstances requiring the deployment of border management and
Amendment 1238 #
Proposal for a regulation Article 74 – paragraph 3 3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations. The EDPS shall be consulted on the provisions of the status agreement related to the transfers of data.
Amendment 1239 #
Proposal for a regulation Article 74 – paragraph 3 3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall
Amendment 124 #
Draft legislative resolution Paragraph 1 1.
Amendment 1240 #
Proposal for a regulation Article 74 – paragraph 3 3. In circumstances requiring the deployment of border management and return teams
Amendment 1241 #
Proposal for a regulation Article 74 – paragraph 3 3. In circumstances requiring the deployment of border management
Amendment 1242 #
Proposal for a regulation Article 74 – paragraph 3 3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations and provide for a complaints mechanism.
Amendment 1243 #
Proposal for a regulation Article 74 – paragraph 4 4. Where available, it shall also act within the framework of working arrangements concluded with those authorities in accordance with Union law and policy, in accordance with 77(6). Those working arrangements shall specify the scope, nature and purpose of the cooperation and be related to the management of operational cooperation and may include provisions concerning the exchange of sensitive non-classified information and cooperation in the framework of EUROSUR in accordance with Article 75 (3). Any working arrangements on exchanging classified information shall be concluded in accordance with Article 77(6). The Agency shall comply with Union law, including norms and standards, which form part of
Amendment 1244 #
Proposal for a regulation Article 74 – paragraph 4 4. Where available, it shall also act within the framework of working arrangements concluded with those authorities in accordance with Union law and policy, in accordance with 77(6). Those working arrangements shall specify the scope, nature and purpose of the cooperation and be related to the management of operational cooperation and may include provisions concerning the exchange of sensitive non-classified information and cooperation in the framework of EUROSUR in accordance with Article 75 (3). Any working arrangements on exchanging classified information shall be concluded in accordance with Article 77(6). The Agency shall comply with Union law, including norms and standards, which form part of the Union acquis. The EDPS shall be consulted on the provisions of the working arrangements related to transfers of data.
Amendment 1245 #
Proposal for a regulation Article 74 – paragraph 4 4. Where available, it shall also act within the framework of working arrangements concluded with those authorities in accordance with Union law and policy, in accordance with 77(6). Those working arrangements shall specify the scope, nature and purpose of the cooperation and be related to the management of operational cooperation and may include provisions concerning the exchange of sensitive non-classified information and cooperation in the framework of EUROSUR in accordance with Article 75 (3). Any working arrangements on exchanging classified information shall be concluded in accordance with Article 77(6). The Agency shall comply with Union law
Amendment 1246 #
Proposal for a regulation Article 74 – paragraph 5 5. The Agency shall contribute to the implementation of international agreements and of
Amendment 1247 #
Proposal for a regulation Article 74 – paragraph 5 5. The Agency shall contribute to the implementation of international agreements
Amendment 1248 #
Proposal for a regulation Article 74 – paragraph 6 6. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting in and in relation to third countries.
Amendment 1249 #
Proposal for a regulation Article 74 – paragraph 7 7. The Agency shall inform the European Parliament of activities conducted pursuant to this Article. The Agency shall publish all agreements, working agreements, pilot projects and technical assistance projects with third countries on its website. The Agency shall report to the European Parliament at least every three months on its cooperation with third countries. A detailed assessment of the cooperation with third countries, including detailed information on compliance with fundamental rights and international protection, shall be included into the annual report of the Agency.
Amendment 125 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Border and Coast Guard and repealing Council Joint Action No 98/700/JHA, Regulation (EU) No 1052/2013 of the European Parliament and of the Council and Regulation (EU) No 2016/1624 of the European Parliament and of the Council
Amendment 1250 #
Proposal for a regulation Article 74 – paragraph 8 a (new) 8 a. The Agency shall ensure that information transferred or disclosed to third countries or international organisations is only processed for the purposes for those it was transferred or disclosed, and that data subjects can exercise their rights also in those third countries or in relation to those international organisations. For this, the Agency shall in the working arrangements with third countries pursuant to paragraph 4 or in working arrangements with international organisations include legally binding and enforceable assurances, pursuant to points 2(a) or 3(b) of Article 48 of Regulation (EU)2018/1725. Where no such working arrangements exist pursuant to paragraph 2, the Agency shall not transfer or disclose any personal data to the third countries.
Amendment 1251 #
Proposal for a regulation Article 75 Amendment 1252 #
Proposal for a regulation Article 75 – paragraph 2 2. The Agency shall have the possibility of carrying out actions at the external borders of a neighbouring third country, subject to the agreement of that third
Amendment 1253 #
Proposal for a regulation Article 75 – paragraph 3 3. Operations shall be carried out on the basis of an operational plan agreed between the Agency and the third country concerned In case of operations carried out at the common border between the third country and one or more Member States, the operational plan shall have the agreement of the Member State or Member States bordering the operational area. Operational plans may include provisions concerning information exchange and cooperation in the framework of EUROSUR in accordance with Article 76.
Amendment 1254 #
Proposal for a regulation Article 75 – paragraph 4 Amendment 1255 #
Amendment 1256 #
Proposal for a regulation Article 75 – paragraph 4 Amendment 1257 #
Proposal for a regulation Article 75 – paragraph 4 4. The Agency may provide assistance to return activities of third countries and ensure the coordination or the organisation of return operations, during which a number of returnees are returned from this third country to another third country. Such return operations may be organised with participation of one or more Member States (‘mixed return operations’) or as national return operations, in particular when this is justified by the priorities of the i
Amendment 1258 #
Proposal for a regulation Article 76 Amendment 1259 #
Proposal for a regulation Article 76 – paragraph 3 Amendment 126 #
Proposal for a regulation Title 1 Proposal for a
Amendment 1260 #
Proposal for a regulation Article 76 – paragraph 3 a (new) 3 a. The Agency shall ensure that information transferred or disclosed to third countries is only processed for the purposes for those it was transferred or disclosed, and that data subjects can exercise their rights also in those third countries. For this, the Agency shall in the working arrangements with third countries pursuant to paragraph 4 include legally binding and enforceable assurances, pursuant to points 2(a) or 3(b) of Article 48 of Regulation (EU)2018/1725. Where no such working arrangements exist pursuant to paragraph 2, the Agency shall not transfer or disclose any personal data to the third countries.
Amendment 1261 #
Proposal for a regulation Article 76 – paragraph 3 a (new) 3 a. Any exchange of information under Article 73(1), which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1262 #
Proposal for a regulation Article 77 Amendment 1263 #
Proposal for a regulation Article 77 – title Role of the Commission and the European External Action Service with regard to cooperation with third countries
Amendment 1264 #
Proposal for a regulation Article 77 – paragraph 1 1. The Commission shall carry out a thorough fundamental rights impact assessment prior to the negotiation and conclusion of a status agreement referred to in Article 74(3). The Commission shall negotiate the status agreement referred to in Article 74 (3) in accordance with Article 218(3) TFEU.
Amendment 1265 #
Proposal for a regulation Article 77 – paragraph 1 a (new) 1 a. Status agreement shall include a fundamental rights clause and relevant provisions on monitoring and impacts assessments, and refer to the role of the Fundamental Rights officer in receiving and following up on complaints.
Amendment 1266 #
Proposal for a regulation Article 77 – paragraph 2 – subparagraph 1 The Commission, after consulting the Member States and the Agency, shall draw up model provisions for the bilateral and multilateral agreements referred to in Article 71(2) and Article 73 for the exchange of information in the framework of EUROSUR as provided for in Article 76 (2). Model provisions shall include detailed measures ensuring the operationalisation of fundamental rights safeguards, the fundamental rights strategy in line with Article 81and the code of conduct in line with Article 82.
Amendment 1267 #
Proposal for a regulation Article 77 – paragraph 2 – subparagraph 2 The Commission, after consulting the Agency, shall draw up a model for the working arrangements referred to in Article 74. Such model shall include detailed measures ensuring the operationalisation of fundamental rights safeguards, the fundamental rights strategy in line with Article 81and the code of conduct in line with Article 82.
Amendment 1268 #
Proposal for a regulation Article 77 – paragraph 3 3. The Member States concerned shall notify existing bilateral and multilateral agreements referred to in Article 73 (1) to the Commission, which shall inform the European Parliament, the Council and the Agency thereof and shall verify whether their provisions comply with this Regulation.
Amendment 1269 #
Proposal for a regulation Article 77 – paragraph 4 4. Before a new bilateral or multilateral agreement referred to in Article 73 (1) is concluded, the Member State(s) concerned shall notify it to the Commission, which shall inform the European Parliament, the Council and the Agency thereof and shall verify whether its provisions comply with this Regulation and inform the Member State accordingly.
Amendment 127 #
Proposal for a regulation Recital 1 Amendment 1270 #
Proposal for a regulation Article 77 – paragraph 6 6. Before any working arrangements with third
Amendment 1271 #
Proposal for a regulation Article 77 – paragraph 6 6. Before any working arrangements with third parties or third countries are concluded, the Agency shall notify them to the Commission and the European Parliament, which shall give
Amendment 1272 #
Proposal for a regulation Article 77 – paragraph 6 6. Before any working arrangements with third parties or third countries are concluded, the Agency shall notify them to the Commission
Amendment 1273 #
Proposal for a regulation Article 77 – paragraph 6 6. Before any working arrangements with third
Amendment 1274 #
Proposal for a regulation Article 77 – paragraph 7 7. The Agency shall notify the operational plans referred to in Article 75 (3) to the Commission and the European Parliament. The decision to deploy liaison officers to third countries in accordance with Article 78 shall be subject to receiving the prior opinion of the Commission and of the European Parliament. The European Parliament shall be kept fully informed of those
Amendment 1275 #
Proposal for a regulation Article 77 – paragraph 7 a (new) 7 a. The Commission, the External Action Service and the Agency shall regularly exchange information on the developments and actions within the remit of this Regulation, with an aim to ensure coherence between EU’s external action policy and operational engagement with third countries, and to promote coherent standards for the implementation of IBM in the external dimension.
Amendment 1276 #
Proposal for a regulation Article 78 – paragraph 1 1. The Agency may deploy experts from its statutory staff as liaison officers, who should enjoy the highest possible protection when carrying out their duties in third countries. They shall form part of the local or regional cooperation networks of immigration liaison officers and security
Amendment 1277 #
Proposal for a regulation Article 78 – paragraph 2 2. Within the framework of the external action policy of the Union, priority for the deployment of liaison officers shall be given to those third countries which, on the basis of a risk analysis, constitute a country of origin or transit regarding i
Amendment 1278 #
Proposal for a regulation Article 78 – paragraph 2 2. Within the framework of the external action policy of the Union, priority for the deployment of liaison officers shall be given to those third countries which, on the basis of a risk analysis, constitute a country of origin or transit regarding i
Amendment 1279 #
Proposal for a regulation Article 78 – paragraph 2 2. Within the framework of the external action policy of the Union, priority for the deployment of liaison officers shall be given to those third countries which, on the basis of a risk analysis, constitute a country of origin or transit regarding i
Amendment 128 #
Proposal for a regulation Recital 1 (1) The objective of Union policy in the field of external border management is to develop and implement European Integrated Border Management at national and Union level, which is a necessary corollary to the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice. European Integrated Border Management
Amendment 1280 #
Proposal for a regulation Article 78 – paragraph 3 3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against illegal immigration and the return of returnees, including by providing technical assistance in identification of third-country nationals and the acquisition of travel documents. Those liaison officers shall coordinate closely with Union delegations and, where relevant, CSDP missions and operations. The Agency's liaison officers shall contribute to assessing the fundamental rights impact of the Agency's operations and cooperation with the third countries.
Amendment 1281 #
Proposal for a regulation Article 78 – paragraph 3 3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are
Amendment 1282 #
Proposal for a regulation Article 78 – paragraph 3 3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against illegal immigration and the return of returnees, including by providing technical assistance in identification of third-country nationals and the acquisition of travel documents. Those liaison officers shall
Amendment 1283 #
Proposal for a regulation Article 78 – paragraph 3 3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against illegal immigration and the return of returnees, including by providing technical assistance in identification of third-country nationals and the acquisition of travel documents. Those liaison officers shall coordinate closely with Union delegations
Amendment 1284 #
Proposal for a regulation Article 78 – paragraph 3 3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are
Amendment 1285 #
Proposal for a regulation Article 78 – paragraph 3 3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against i
Amendment 1286 #
Proposal for a regulation Article 79 Amendment 1287 #
Proposal for a regulation Article 79 – paragraph 1 1. The Agency may, with the agreement of the Member States concerned, invite observers of Union institutions, bodies, offices, agencies or international organisations and CSDP missions and operations to participate in its activities, in particular joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities or pose risks to fundamental rights. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As regards joint operations and pilot projects, the participation of observers shall be subject to the agreement of the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation.
Amendment 1288 #
Proposal for a regulation Article 79 – paragraph 1 1. The Agency may, with the agreement of the Member States concerned, invite observers of Union institutions, bodies, offices, agencies or international organisations and CSDP missions and operations to participate in its activities, in particular joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety
Amendment 1289 #
Proposal for a regulation Article 79 – paragraph 1 1. The Agency may, with the agreement of the Member States concerned, invite observers of Union institutions, bodies, offices, agencies
Amendment 129 #
Proposal for a regulation Recital 1 a (new) (1 a) The absence of internal borders in the Union results in a logical consequence whereby irregular migration across the external borders affects all Member States in the Schengen area. It is consequently in the interest of all Member States to control and protect the external borders together.
Amendment 1290 #
Proposal for a regulation Article 79 – paragraph 2 2. The Agency may, with the agreement of the Member States
Amendment 1291 #
Proposal for a regulation Article 79 – paragraph 2 2. The Agency may, with the agreement of the Member States concerned, invite observers from third countries to participate in
Amendment 1292 #
Proposal for a regulation Article 79 – paragraph 2 2. The Agency may, with the agreement of the Member States concerned, invite observers from third countries to participate in its activities at the external borders referred to in Article 37 , return operations referred to in Article 51, return interventions referred to in Article 54 and training referred to in Article 62, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities nor the safety of third country nationals and the right to asylum. The participation of those observers may take place only with the agreement of the Member States concerned
Amendment 1293 #
Proposal for a regulation Article 80 – paragraph 1 – subparagraph 1 The Agency shall take over and operate the database False and Authentic Documents Online (FADO) established by Council Joint Action 98/700/JHA of 3 December 1998 which is a database that shall contain information on genuine travel and residence documents issued by Member States, third countries, territorial entities, international organisations and other entities subjects of international law and on falsifications thereof.
Amendment 1294 #
Proposal for a regulation Article 81 – paragraph 1 – subparagraph 1 The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter
Amendment 1295 #
Proposal for a regulation Article 81 – paragraph 1 – subparagraph 2 For that purpose, the
Amendment 1296 #
Proposal for a regulation Article 81 – paragraph 2 2. In performing of its tasks, the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to, or otherwise handed over or returned to, the authorities of a country where, 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 life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion in contravention of the principle of non-refoulement, or from which there is a risk of expulsion, removal, extradition or return to another country in contravention of that principle.
Amendment 1297 #
Proposal for a regulation Article 81 – paragraph 2 2. In performing of its tasks, the European Border and Coast Guard shall ensure that no person is 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-refoulement
Amendment 1298 #
Proposal for a regulation Article 81 – paragraph 3 – subparagraph 1 In performing of its tasks the European Border and Coast Guard shall take into account and address the rights and the special needs of children, unaccompanied minors, persons with disabilities, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 1299 #
Proposal for a regulation Article 81 – paragraph 3 – subparagraph 1 In performing of its tasks the European Border and Coast Guard shall take into account the special needs of children, unaccompanied minors, persons with disabilities, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection
Amendment 130 #
Proposal for a regulation Recital 2 (2) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, was established by Council Regulation (EC) No 2007/200417 . Since taking up its responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, risk analysis, information exchange, relations with third countries and the
Amendment 1300 #
Proposal for a regulation Article 81 – paragraph 4 4. In performing all its tasks, including the further development and implementation of an effective mechanism to monitor the respect for fundamental rights, 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 referred to in Article 70 and the fundamental rights officer.
Amendment 1301 #
Proposal for a regulation Article 81 – paragraph 4 a (new) 4 a. The Agency shall carry out a fundamental rights assessment regarding the compliance with fundamental rights by the third country, including the assessment of the level of data protection of the third country, before the Agency engages in any operational activities with the third country.
Amendment 1302 #
Proposal for a regulation Article 81 – paragraph 4 a (new) 4 a. The Agency shall include a detailed programme for the further development and implementation of the Fundamental Rights Strategy in its annual and multiannual work programme and report on it in its annual activity report.
Amendment 1303 #
Proposal for a regulation Article 83 – paragraph 1 1.
Amendment 1304 #
Proposal for a regulation Article 83 – paragraph 1 1. Members of the teams deployed from the European Border and Coast Guard standing corps shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of Regulations (EU) No 656/2014 and (EU) 2016/399, a
Amendment 1305 #
Proposal for a regulation Article 83 – paragraph 1 1. Members of the teams deployed from the European Border and Coast Guard standing corps shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of Regulation (EU) 2016/399, Regulation (EU) 656/2014 and Directive 2008/115/EC.
Amendment 1306 #
Proposal for a regulation Article 83 – paragraph 2 2. While performing their tasks and exercising their powers, members of the teams shall comply with Union and international law and shall
Amendment 1307 #
3. Without prejudice to Article 94(1) as regards statutory staff of the Agency, members of the teams may only perform tasks and exercise powers under direct instructions from and
Amendment 1308 #
Proposal for a regulation Article 83 – paragraph 4 – subparagraph 1 Members of the teams deployed
Amendment 1309 #
Proposal for a regulation Article 83 – paragraph 4 – subparagraph 1 Members of the teams deployed from the Agency’s statutory operational staff or deployed following secondment for a short- and long-
Amendment 131 #
Proposal for a regulation Recital 2 (2) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, was established by Council Regulation (EC) No 2007/200417 . Since taking up its responsibilities on 1 May 2005, it has been
Amendment 1310 #
Proposal for a regulation Article 83 – paragraph 4 – subparagraph 1 Members of the teams deployed from the Agency’s statutory operational staff or deployed following secondment for a long- term duration to the Agency by the Member States shall wear
Amendment 1311 #
Proposal for a regulation Article 83 – paragraph 4 – subparagraph 2 All the members of the teams shall also wear
Amendment 1312 #
Proposal for a regulation Article 83 – paragraph 4 – subparagraph 2 All the members of the teams shall also wear visible personal identification and a blue armband with the insignias of the Union and of the Agency on their uniforms, identifying them as participating in a joint operation, migration management support team deployment, pilot project, rapid border intervention
Amendment 1313 #
Proposal for a regulation Article 83 – paragraph 4 – subparagraph 3 Amendment 1314 #
Proposal for a regulation Article 83 – paragraph 4 – subparagraph 3 Amendment 1315 #
Proposal for a regulation Article 83 – paragraph 5 Amendment 1316 #
Proposal for a regulation Article 83 – paragraph 6 Amendment 1317 #
Proposal for a regulation Article 83 – paragraph 6 6. While performing their tasks and exercising their powers, members of the teams
Amendment 1318 #
Proposal for a regulation Article 83 – paragraph 6 6. While performing their tasks and exercising their powers, members of the teams shall be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State or, for the Agency's staff with the consent of the Agency and the host Member State, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State. The host Member State may, with the consent of the home Member State or the Agency where appropriate authorise members of the teams to use force in the absence of border guards of the host Member State.
Amendment 1319 #
Proposal for a regulation Article 83 – paragraph 7 7. Service weapons, ammunition and equipment may be used in legitimate self- defence and in legitimate defence of members of the teams or of other persons in accordance with the national law of the host Member State, as well as with international human rights law and the Charter of Fundamental Rights.
Amendment 132 #
Proposal for a regulation Recital 3 (3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its activities and procedures. The key role of the Agency should be to establish a technical and operational strategy
Amendment 1320 #
Proposal for a regulation Article 83 – paragraph 8 Amendment 1321 #
Proposal for a regulation Article 83 – paragraph 8 – subparagraph 1 For the purpose of this Regulation, the host Member State shall authorise members of the teams to consult European databases the consultation of which is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return in accordance with the legal basis of such databases. The host Member State may also authorise them to consult its national databases where necessary for the same purpose. Member States shall ensure that they provide such database access in an efficient and effective manner. The members of the teams shall consult only those data which are required for performing their tasks and exercising their powers. The host Member State shall, in advance of the deployment of the members of the teams, inform the Agency of the national and European databases which may be consulted. The Agency shall make this information available to all Member States participating in the deployment.
Amendment 1322 #
Proposal for a regulation Article 83 – paragraph 8 – subparagraph 1 For the purpose of this Regulation, the host Member State shall authorise members of the teams to consult European databases it has access to and the consultation of which is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. The host Member State may also authorise them to consult its national databases where necessary for the same purpose. Member States shall ensure that they provide such database access in an efficient and effective manner. The members of the teams shall consult only those data which are
Amendment 1323 #
Proposal for a regulation Article 83 – paragraph 8 – subparagraph 1 a (new) The host Member States authorities shall be the data controllers for the processing of any personal data collected or processed by member of the teams while performing their tasks and exercising their powers.
Amendment 1324 #
Proposal for a regulation Article 83 – paragraph 9 Amendment 1325 #
Proposal for a regulation Article 83 – paragraph 9 9. Decisions to refuse entry in accordance with Article 14 of Regulation (EU) 2016/399 shall be taken only by border guards of the host Member State or by the members of the teams if expressly authorised by the host Member State
Amendment 1326 #
Proposal for a regulation Article 83 – paragraph 9 9. Decisions to refuse entry in accordance with Article 14 of Regulation (EU) 2016/399 shall be taken only by border guards of the host Member State or by the members of the teams if expressly authorised by the host Member State
Amendment 1327 #
Proposal for a regulation Article 84 – paragraph 1 – introductory part 1. The Agency shall, in cooperation with the host Member State, issue a document in the official languages of the host Member State and at least another official language of the
Amendment 1328 #
Proposal for a regulation Article 84 – paragraph 1 – introductory part 1. The Agency shall, in cooperation with the host Member State, issue a document in the official languages of the host Member State and at least another official language of the institutions of the Union to the members of the teams for the purpose of identifying them and as proof of the holder's rights to perform tasks and exercise powers as referred to in Article 83. The document shall include the following features of each member of the teams:
Amendment 1329 #
Proposal for a regulation Article 85 – paragraph 1 1. Without prejudice to Article 94, where members of the teams are operating in a host Member State, that Member State
Amendment 133 #
Proposal for a regulation Recital 3 (3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed
Amendment 1330 #
Proposal for a regulation Article 85 – paragraph 1 1. Without prejudice to Article 94, where members of the teams are operating in a host Member State, th
Amendment 1331 #
Proposal for a regulation Article 85 – paragraph 2 2. Where such damage is caused by gross negligence or wilful misconduct, the host Member State or the Agency may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State. Likewise if the damage is caused by gross negligence or wilful misconduct by the staff of the Agency, the host Member State may approach the Agency in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the Agency.
Amendment 1332 #
Proposal for a regulation Article 85 – paragraph 2 2. Where such damage is caused by
Amendment 1333 #
Proposal for a regulation Article 85 – paragraph 4 4. Any dispute between Member States or between a Member State and the Agency relating to the application of paragraphs 1, 2 and 3 of this Article which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with
Amendment 1334 #
Proposal for a regulation Article 86 – paragraph 1 Amendment 1335 #
Proposal for a regulation Article 87 – paragraph 1 1. The Agency shall apply
Amendment 1336 #
Proposal for a regulation Article 87 – paragraph 1 1. The Agency shall apply [Regulation (E
Amendment 1337 #
Proposal for a regulation Article 87 – paragraph 1 1. The Agency shall apply
Amendment 1338 #
Proposal for a regulation Article 87 – paragraph 2 2. The management board shall take the necessary
Amendment 1339 #
Proposal for a regulation Article 87 – paragraph 2 2. The management board shall take the necessary administrative measures to apply[Regulation (E
Amendment 134 #
Proposal for a regulation Recital 3 (3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its activities and procedures. The key role of the Agency should be to establish a
Amendment 1340 #
Proposal for a regulation Article 87 – paragraph 2 2. The management board shall take the necessary administrative measures to apply
Amendment 1341 #
Proposal for a regulation Article 87 – paragraph 3 Amendment 1342 #
Proposal for a regulation Article 87 – paragraph 3 Amendment 1343 #
Proposal for a regulation Article 87 – paragraph 3 3. The Agency may transfer personal data to an authority of a third country or to an international organisation in accordance with the provisions of [Regulation (EC No 45/2001] insofar as such transfer is necessary for the performance of the Agency’s tasks in the area of return activities. Where in the framework of organising return operations the personal
Amendment 1344 #
Proposal for a regulation Article 87 – paragraph 3 3. The Agency may transfer personal data to an authority of a third country or to an international organisation in accordance with the provisions of [Regulation (EC No 45/2001] insofar as such transfer is necessary for the performance of the Agency’s tasks in the area of return activities. Where in the framework of organising return operations the personal data of returnees are not transmitted to the
Amendment 1345 #
Proposal for a regulation Article 87 – paragraph 3 a (new) 3 a. Any exchange of information which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is or has been under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited. The Agency shall not disclose the fact that a person has lodged an application for international protection to a third country.
Amendment 1346 #
Proposal for a regulation Article 87 – paragraph 3 a (new) 3 a. Any exchange of information which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1347 #
Proposal for a regulation Article 87 – paragraph 3 b (new) 3 b. Onward transmission or other communication of information exchanged under this Regulation to other third countries or to third parties shall be prohibited.
Amendment 1348 #
Proposal for a regulation Article 87 a (new) Article 87 a Sources of personal data and ownership of data 1. The Agency may process operational personal data obtained from: a. Member States; b. staff of the Agency; c. European Border and Coast Guard standing corps; d. other Union bodies, agencies and offices in particular those listed in Article 69(1); e. third countries or international organisations; f. open sources. 2. The party providing the personal data retains the ownership of that data as well as the responsibilities related to data accuracy. When personal data is provided by the sources listed in Article 87a (1)(b), (e) and (f) the responsibility lies, in principle, with the Agency.
Amendment 1349 #
Proposal for a regulation Article 88 – title Amendment 135 #
Proposal for a regulation Recital 3 (3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its
Amendment 1350 #
Proposal for a regulation Article 88 – paragraph 1 – introductory part 1. The Agency may process personal data only where strictly necessary for the following purposes:
Amendment 1351 #
Proposal for a regulation Article 88 – paragraph 1 – point a (a) performing its tasks of organising and coordinating joint operations, pilot projects, rapid border interventions
Amendment 1352 #
Proposal for a regulation Article 88 – paragraph 1 – point a (a) performing its tasks
Amendment 1353 #
Proposal for a regulation Article 88 – paragraph 1 – point a (a) performing its tasks of organising and coordinating joint operations
Amendment 1354 #
Proposal for a regulation Article 88 – paragraph 1 – point b Amendment 1355 #
Proposal for a regulation Article 88 – paragraph 1 – point b (b) performing its tasks of supporting Member States and third countries in pre- return and return activities, operating return management systems, as well as coordinating
Amendment 1356 #
Proposal for a regulation Article 88 – paragraph 1 – point b (b) performing its tasks of supporting Member States
Amendment 1357 #
Proposal for a regulation Article 88 – paragraph 1 – point c (c) facilitating the exchange of information with Member States,
Amendment 1358 #
Proposal for a regulation Article 88 – paragraph 1 – point d Amendment 1359 #
Proposal for a regulation Article 88 – paragraph 1 – point e Amendment 136 #
Proposal for a regulation Recital 3 (3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its activities and procedures. The key role of the Agency should be to establish a technical and operational strategy as part of the multiannual strategic policy cycle for implementation of European integrated border management, to
Amendment 1360 #
Proposal for a regulation Article 88 – paragraph 2 Amendment 1361 #
Proposal for a regulation Article 88 – paragraph 2 2. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in paragraph 1. The Agency may process such personal data for a different purpose which also falls under paragraph 1 only if authorised by the provider of the personal data and only after having assessed that the change in purpose for such processing complies with the data protection principles of necessity and proportionality.
Amendment 1362 #
Proposal for a regulation Article 88 – paragraph 2 2. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in paragraph 1. The Agency may process such personal data for a different purpose which also falls
Amendment 1363 #
Proposal for a regulation Article 88 – paragraph 2 2. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in paragraph 1.
Amendment 1364 #
Proposal for a regulation Article 88 – paragraph 2 2. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in paragraph 1.
Amendment 1365 #
Proposal for a regulation Article 88 – paragraph 3 Amendment 1366 #
3. Member States and other Union agencies may indicate, at the moment of transmitting personal data, any restrictions on access to those data or use of them, in general or specific terms, including as regards their transfer
Amendment 1367 #
Proposal for a regulation Article 88 a (new) Article 88 a Determination of the purpose of processing personal data and restrictions 1. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in Article 88(1). The Agency may process such personal data for a different purpose which also falls under Article 88(1) only if authorised by the provider of the personal data. 2. Member States and other Union agencies may indicate, at the moment of transmitting personal data, any restrictions on access to those data or use of them, in general or specific terms, including as regards their transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer of personal data, they shall inform the Agency accordingly. The Agency shall comply with such restrictions. 3. In duly justified cases, the Agency through the implementing measures adopted in accordance with Article 87(2) may assign restrictions of use by Member States, Union bodies, third countries and international organisations of information retrieved from open sources.
Amendment 1368 #
Proposal for a regulation Article 88 b (new) Amendment 137 #
Proposal for a regulation Recital 4 (4)
Amendment 1370 #
Proposal for a regulation Article 89 – title Amendment 1371 #
Proposal for a regulation Article 89 – paragraph 1 – introductory part 1. The Agency shall only process the following categories of operational personal data collected and or transmitted to it by the Member States, by its staff, by members of European Border and Coast Guard standing corps or by EASO, Europol or Eurojust in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams:
Amendment 1372 #
Proposal for a regulation Article 89 – paragraph 1 – introductory part 1. The Agency shall only process the following categories of personal data
Amendment 1373 #
Proposal for a regulation Article 89 – paragraph 1 – point a (a) personal data of persons who are suspected, on reasonable grounds, by the competent authorities of the Member States
Amendment 1374 #
Proposal for a regulation Article 89 – paragraph 1 – point a (a) personal data of persons who are suspected, on reasonable grounds, by the competent authorities of the Member States and
Amendment 1375 #
Proposal for a regulation Article 89 – paragraph 1 – point a (a) personal data of persons who are suspected, on reasonable grounds, by the competent authorities of the Member States and EASO, Europol or Eurojust, of involvement in cross-border crime, such as migrant smuggling, trafficking in human beings, organised crime or terrorism;
Amendment 1376 #
Proposal for a regulation Article 89 – paragraph 2 – introductory part 2.
Amendment 1377 #
Proposal for a regulation Article 89 – paragraph 2 – point a Amendment 1378 #
Proposal for a regulation Article 89 – paragraph 2 – point a (a) where exchange of information with
Amendment 1379 #
Proposal for a regulation Article 89 – paragraph 2 – point a (a) where exchange of information with E
Amendment 138 #
Proposal for a regulation Recital 4 (4)
Amendment 1380 #
Proposal for a regulation Article 89 – paragraph 2 – point b Amendment 1381 #
Proposal for a regulation Article 89 – paragraph 2 – point b (b) where transmission to the authorities of the relevant Member States which are responsible for border control
Amendment 1382 #
Proposal for a regulation Article 89 – paragraph 2 – point c Amendment 1383 #
Proposal for a regulation Article 89 – paragraph 2 – point c Amendment 1384 #
Proposal for a regulation Article 89 – paragraph 2 – point d Amendment 1385 #
Proposal for a regulation Article 89 – paragraph 2 – point d Amendment 1386 #
Proposal for a regulation Article 89 – paragraph 2 – point e Amendment 1387 #
Proposal for a regulation Article 89 – paragraph 2 – point e (e) in specific cases, where the Agency becomes aware that transmission of personal data processed in the fulfilment of its tasks is strictly necessary to law enforcement authorities of the Member States is strictly necessary for the purposes of preventing, detecting, investigating or prosecuting serious crime
Amendment 1388 #
Proposal for a regulation Article 89 – paragraph 2 – point e (e) in specific cases, where the Agency becomes aware that transmission of personal data processed in the fulfilment of its tasks of the Member States is strictly necessary
Amendment 1389 #
Proposal for a regulation Article 89 – paragraph 3 Amendment 139 #
Proposal for a regulation Recital 4 (4)
Amendment 1390 #
Proposal for a regulation Article 89 – paragraph 3 3. Personal data shall be deleted as soon as they have been transmitted to EASO, Europol or Eurojust or to the competent authorities of Member States or used for the preparation of risk analyses. The storage period shall, in any event, not exceed 90 days after the date of the collection of those data. In the results of risk analyses, data shall be anonymised. The provisions of this paragraph shall not apply to data processed for the purpose of performing return-related tasks
Amendment 1391 #
Proposal for a regulation Article 89 – paragraph 3 3. Personal data shall be deleted as soon as they have been transmitted to E
Amendment 1392 #
Proposal for a regulation Article 89 – paragraph 3 3. Personal data shall be deleted as soon as they have been transmitted to
Amendment 1393 #
Proposal for a regulation Article 89 – paragraph 3 a (new) 3 a. Any exchange of information which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination of who are under a serious risk of being subjected to torture, inhuman or degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited
Amendment 1394 #
Proposal for a regulation Article 90 Amendment 1395 #
Proposal for a regulation Article 90 Amendment 1396 #
Proposal for a regulation Article 90 – paragraph 1 1. Where the national situational picture requires the processing of personal data, those data shall be processed in accordance with the relevant Union and national provisions on data protection. Each Member State shall designate the authority which is to be considered as controller in accordance with Article 4(7) of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of personal data by that Member State. Each Member State shall notify the details of that authority to the Commission.
Amendment 1397 #
Proposal for a regulation Article 90 – paragraph 2 2. Ship and aircraft identification numbers are the only personal data that
Amendment 1398 #
Proposal for a regulation Article 90 – paragraph 3 3. Any exchange of personal data with third countries in the framework of EUROSUR shall be strictly limited to what is absolutely necessary for the purposes of this Regulation. It shall be carried out in accordance with Regulation (EU) 2016/679 or Directive (EU) 2016/680 as applicable, and the relevant national provisions on data protection.
Amendment 1399 #
Proposal for a regulation Article 90 – paragraph 3 3. Any exchange of personal data with third countries in the framework of
Amendment 140 #
Proposal for a regulation Recital 5 Amendment 1400 #
Proposal for a regulation Article 90 – paragraph 3 3. Any
Amendment 1401 #
Proposal for a regulation Article 90 – paragraph 4 4. Any exchange of information
Amendment 1402 #
Proposal for a regulation Article 90 – paragraph 4 4. Any
Amendment 1403 #
Proposal for a regulation Article 90 – paragraph 5 5.
Amendment 1404 #
Proposal for a regulation Article 90 – paragraph 5 5. Onward transmission or other communication of information exchanged under Article 73(2), Article 74(3) and Article 75(3) to other third countries or to any other third parties shall be prohibited.
Amendment 1405 #
Proposal for a regulation Article 90 a (new) Article 90 a Data retention and logging 1. Operational personal data processed for the purposes of transmission to Member States or Union Agencies shall be deleted as soon as they have been transmitted and not later than 90 days thereafter. 2. Relevant operational personal data processed for the purposes of risk analysis shall be stored for a period of 3 years, after which it shall be deleted. 3. Operational personal data processed for the purpose of returns shall be kept for as long as it is necessary for the performance of the return-related task, not exceeding a period of three years. 4. The logs shall be only made accessible to the European Data Protection Supervisor upon request and to the data protection officer for the purpose of ensuring compliance with data protection provisions. The implementing measures adopted in accordance with Article 87(2) shall include provisions on the content and purposes of the logs.
Amendment 1406 #
Proposal for a regulation Article 91 – paragraph 2 2. The security rules shall be adopted by the Management Board
Amendment 1407 #
Proposal for a regulation Article 91 – paragraph 3 3. Classification shall not preclude information being made available to the European Parliament. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall
Amendment 1408 #
Proposal for a regulation Article 92 – paragraph 5 5. The seat of the Agency shall be
Amendment 1409 #
Proposal for a regulation Article 92 – paragraph 5 5. The seat of the Agency shall be
Amendment 141 #
Proposal for a regulation Recital 5 (5) However, the Union’s framework in the area of
Amendment 1410 #
Proposal for a regulation Article 93 – paragraph 3 a (new) 3 a. Where the Commission establishes that there are generalised deficiencies as regards the rule of law in the Member State in which the Agency has its seat, the Commission shall be empowered to adopt a delegated act, in accordance with Article 118, to propose a change in the seat of the Agency.
Amendment 1411 #
Proposal for a regulation Article 94 – paragraph 4 – subparagraph 1 Amendment 1412 #
Proposal for a regulation Article 94 – paragraph 4 – subparagraph 2 Amendment 1413 #
Proposal for a regulation Article 96 – paragraph 3 3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties. In cases referred to in Article 41 the Agency shall be liable for any damages caused by members of the teams during their operations, in particular, the damages caused by violations of fundamental rights.
Amendment 1414 #
Proposal for a regulation Article 96 – paragraph 4 a (new) 4 a. The Agency shall be liable for the activities falling within its mandate but shall not be liable for the Member States' sovereign actions.
Amendment 1415 #
Proposal for a regulation Article 97 – paragraph 1 – point d Amendment 1416 #
Proposal for a regulation Article 97 – paragraph 1 – point d Amendment 1417 #
Proposal for a regulation Article 97 – paragraph 1 – point d Amendment 1418 #
Proposal for a regulation Article 97 – paragraph 1 – point e Amendment 1419 #
Proposal for a regulation Article 97 – paragraph 1 – point e Amendment 142 #
Proposal for a regulation Recital 5 (5) However, the Union’s framework in the area of control of external borders, returns
Amendment 1420 #
Proposal for a regulation Article 97 – paragraph 1 – point e Amendment 1421 #
Proposal for a regulation Article 97 – paragraph 1 – point e a (new) (e a) a representative of the European Parliament as observer.
Amendment 1422 #
Proposal for a regulation Article 97 – paragraph 1 a (new) The agency shall also comprise the following independent structures: (a) a consultative forum (b) a fundamental rights office led by a fundamental rights officer
Amendment 1423 #
Proposal for a regulation Article 98 – paragraph 2 – subparagraph 1 – point a Amendment 1424 #
Proposal for a regulation Article 98 – paragraph 2 – subparagraph 1 – point b Amendment 1425 #
Proposal for a regulation Article 98 – paragraph 2 – subparagraph 1 – point e Amendment 1426 #
Proposal for a regulation Article 98 – paragraph 2 – subparagraph 1 – point h (h) adopt a technical and operational strategy for the European Integrated Border Management in accordance with Article
Amendment 1427 #
Proposal for a regulation Article 98 – paragraph 2 – subparagraph 1 – point o Amendment 1428 #
Proposal for a regulation Article 98 – paragraph 2 – subparagraph 1 – point p Amendment 1429 #
Proposal for a regulation Article 98 – paragraph 2 – subparagraph 1 – point bb (bb) adopt
Amendment 143 #
Proposal for a regulation Recital 5 (5) However, the Union’s framework in the area of control of external borders
Amendment 1430 #
Proposal for a regulation Article 98 – paragraph 4 Amendment 1431 #
Proposal for a regulation Article 99 – paragraph 1 1. Without prejudice to paragraph 3, the management board shall be composed of one representative of each Member State
Amendment 1432 #
Proposal for a regulation Article 100 – paragraph 1 1. The management board shall, by 30 November each year, adopt a final programming document containing inter alia the Agency's multiannual programming and annual programming for the following year, based on a draft put forward by the executive director and endorsed by the management board. The final programming document shall be adopted after a positive opinion of the Commission, as regards the multiannual programming, after having consulted the European Parliament. If the Agency decides not to take into account elements of the opinion of the Commission, it shall provide a thorough justification. The management board shall forward the document to the European Parliament, to the Council and to the Commission without delay.
Amendment 1433 #
Proposal for a regulation Article 100 – paragraph 3 3. The multiannual programming shall set out overall strategic programming in the medium and long term, including objectives, expected results, performance indicators and resource planning, including the multiannual budget, staff and the development of the Agency's own capabilities. The multiannual programming shall set out the strategic areas of intervention and explain what needs to be done to achieve the objectives. It shall include a strategy for the monitoring and respect for fundamental rights and for relations with third countries and international organisations as well as the actions linked to that strategy.
Amendment 1434 #
Proposal for a regulation Article 100 – paragraph 6 Amendment 1435 #
Proposal for a regulation Article 102 – paragraph 6 6. Representatives of the European Union Agency for Asylum, the EU Fundamental Rights Agency and EUROPOL shall be invited to attend the meetings of the Management Board. The management board shall also invite a representative of the European Parliament. It may also invite a representative of other relevant Union institutions, bodies, offices and agencies.
Amendment 1436 #
Proposal for a regulation Article 104 – paragraph 3 – point g Amendment 1437 #
Proposal for a regulation Article 104 – paragraph 3 – point i Amendment 1438 #
Proposal for a regulation Article 104 – paragraph 3 – point j (j) to ensure the implementation of the operational plans referred to in Article 39
Amendment 1439 #
Proposal for a regulation Article 104 – paragraph 3 – point l Amendment 144 #
Proposal for a regulation Recital 5 (5) However, the Union’s framework in the area of control of external borders, returns and asylum. still needs to be further improved. To that end and to further underpin the current and future envisaged operational efforts, the European Border and Coast Guard should be reformed by giving the European Border and Coast Guard Agency a stronger mandate and, in particular, by providing it with the necessary capabilities in the form of a European Border and Coast Guard standing corps of 10 000 operational staff with executive powers to effectively support Member States on the ground in their efforts to
Amendment 1440 #
Proposal for a regulation Article 104 – paragraph 3 – point o (o) to identify the minimum number of items of technical equipment required to meet the Agency's needs
Amendment 1441 #
Proposal for a regulation Article 104 – paragraph 3 – subparagraph 1 (new) The Executive Director shall hold regular exchanges of views with the appropriate bodies of the European Parliament, notably regarding specific cooperation with third countries, and shall present the annual report of the Agency.
Amendment 1442 #
Proposal for a regulation Article 105 – paragraph 1 1. The
Amendment 1443 #
Proposal for a regulation Article 105 – 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, including relevant senior professional experience in the field of management of the external-borders and return, on the proposal from the Commission referred to in paragraph 1. Before appointment, the candidates proposed by the Commission shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their members. The European Parliament shall confirm the appointment of the Executive Director, after having heard the candidate.
Amendment 1444 #
The executive director shall be
Amendment 1445 #
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 2 Amendment 1446 #
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 2 Following such a statement, the European Parliament shall adopt an opinion setting
Amendment 1447 #
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 3 Amendment 1448 #
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 4 Amendment 1449 #
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 4 If the management board takes a decision to appoint a candidate other than the candidate whom the European Parliament indicated as its preferred candidate, the management board shall inform the European Parliament and the Council in writing of the manner in which the opinion of the European Parliament was taken into account. Additionally, that decision by the management board shall be taken by a four-fifths majority of all members with a right to vote. The outgoing executive director shall remain in office until the management board appoints his or her replacement in accordance with this paragraph.
Amendment 145 #
Proposal for a regulation Recital 5 (5) However, the Union’s framework
Amendment 1450 #
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 5 Power to dismiss the executive director shall lie with the management board, acting on a proposal from the Commission or the European Parliament.
Amendment 1451 #
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 5 Power to dismiss the executive director shall lie with the
Amendment 1452 #
Proposal for a regulation Article 105 – paragraph 4 – subparagraph 1 The deputy executive directors shall be
Amendment 1453 #
Proposal for a regulation Article 105 – paragraph 4 – subparagraph 2 Amendment 1454 #
Proposal for a regulation Article 105 – paragraph 6 Amendment 1455 #
Proposal for a regulation Article 105 – paragraph 7 7. The term of the office of the deputy executive directors shall be five years.
Amendment 1456 #
Proposal for a regulation Article 105 – paragraph 7 a (new) 7 a. The Executive Director and the Deputy Executive Director shall be eligible for reappointment.
Amendment 1457 #
Proposal for a regulation Article 105 – paragraph 7 b (new) 7 b. Apart from normal replacement or in the event of death, the duties of the Executive Director and the Deputy Executive Director shall end in the event of resignation. The Executive Director and the Deputy Executive Director may be dismissed by the Court of Justice at the request of the European Parliament, the Council or the Commission, if he or she no longer fulfils the conditions required for the performance of his or her duties or if he or she is guilty of serious misconduct.
Amendment 1458 #
Proposal for a regulation Article 106 Amendment 1459 #
Proposal for a regulation Article 106 Amendment 146 #
Proposal for a regulation Recital 5 a (new) (5 a) The standing corps of 10 000 operational staff should mainly consist of operational staff seconded from Member States. The Member States, according to their capacities, capabilities and preparedness, are responsible for ensuring that the standing corps is set up and operational without any delay.
Amendment 1460 #
Proposal for a regulation Article 106 – paragraph 1 1. A consultative forum shall be established by the Agency to assist the
Amendment 1461 #
Proposal for a regulation Article 106 – paragraph 1 1. A consultative forum shall be established by the Agency to assist the
Amendment 1462 #
Proposal for a regulation Article 106 – paragraph 2 2. The Agency shall invite
Amendment 1463 #
Proposal for a regulation Article 106 – paragraph 2 2. The Agency shall invite
Amendment 1464 #
Proposal for a regulation Article 106 – paragraph 3 3. The consultative forum shall be consulted on the further development and implementation of the fundamental rights strategy, on the establishment of the complaints mechanism, on codes of conduct
Amendment 1465 #
Proposal for a regulation Article 106 – paragraph 3 a (new) 3 a. The Agency shall inform the Consultative Forum how it has altered or not its activities as a response to reports and recommendations of the Consultative Forum and include details in its annual report.
Amendment 1466 #
Proposal for a regulation Article 106 – paragraph 5 5. Without prejudice to the tasks of the fundamental rights officer, the consultative forum shall have effective access to all information concerning the respect for fundamental rights in a timely and effective manner, including by carrying out on-the-spot visits to joint operations or rapid border interventions
Amendment 1467 #
Proposal for a regulation Article 106 – paragraph 5 5. Without prejudice to the tasks of the fundamental rights officer, the consultative forum shall have effective access to all information concerning the respect for fundamental rights, including by carrying out on-the-spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State, and to hotspot areas
Amendment 1468 #
Proposal for a regulation Article 106 – paragraph 5 5. Without prejudice to the tasks of the fundamental rights officer, the consultative forum shall have effective access to all information concerning the respect for fundamental rights, including by carrying out on-the-spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State, and to hotspot areas
Amendment 1469 #
Proposal for a regulation Article 106 – paragraph 5 a (new) 5 a. A Consultative Forum Secretariat shall be established to support the Consultative Forum members with administrative and substantive support. The Secretariat shall receive the resources and staff with the skills and seniority commensurate to the activities and powers of the Agency and necessary to enable the Consultative Forum to assist the Agency with independent advice in fundamental rights matters in accordance with this Article. The Secretariat shall have full control over its own budget, which shall be sufficient to carry out its mandate and proportionate to the dimensions of the Agency and to the growth of its budget.
Amendment 147 #
Proposal for a regulation Recital 6 Amendment 1470 #
Proposal for a regulation Article 106 – paragraph 5 a (new) 5 a. Any exchange of information under Article 73(2), Article 74(3) and Article 75(3) which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is or has been under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1471 #
Proposal for a regulation Article 106 – paragraph 5 b (new) 5 b. Consultative Forum members with administrative and substantive support. The Secretariat shall receive the resources and staff with the skills and seniority commensurate to the activities and powers of the Agency and necessary to enable the Consultative Forum to assist the Agency within dependent advice in fundamental rights matters in accordance with this Article.
Amendment 1472 #
Proposal for a regulation Article 107 Amendment 1473 #
Proposal for a regulation Article 107 Amendment 1474 #
1. A fundamental rights officer shall be appointed by the management board. He or she shall have the tasks of contributing to the Agency's fundamental rights strategy, of monitoring its compliance with fundamental rights and of promoting its respect of fundamental rights. The fundamental rights officer shall have the necessary qualifications and experience in the field of fundamental rights. A fundamental rights office shall be established to support the fundamental rights officer in the performance of his or her tasks. The fundamental rights officer shall be provided with the necessary resources or staff. Staff allocated to the fundamental rights office shall report to the fundamental rights officer.
Amendment 1475 #
Proposal for a regulation Article 107 – paragraph 1 1. A fundamental rights officer shall be appointed by the management board, based on a recommendation by the Consultative Forum. He or she shall have the tasks of contributing to the Agency's fundamental rights strategy, of monitoring its compliance with fundamental rights and of promoting its respect of fundamental rights. The fundamental rights officer shall have the necessary qualifications
Amendment 1476 #
Proposal for a regulation Article 107 – paragraph 1 a (new) 1 a. The fundamental rights officer shall have to power to conduct investigations into any of the activities of the Agency to verify the respect of fundamental rights. He or she shall advise the Agency by issuing formal opinions prior to any activity of the Agency under this Regulation and by issuing recommendations for improving the Agency’s fundamental rights strategy, conditions for compliance with fundamental rights and promoting respect of fundamental rights. The Fundamental Rights Officer shall also be responsible for further developing and implementing the complaint mechanism.
Amendment 1477 #
Proposal for a regulation Article 107 – paragraph 1 a (new) 1 a. A Deputy fundamental rights officer shall be appointed. The Deputy shall have the necessary qualifications and experience in the field of fundamental rights.
Amendment 1478 #
Proposal for a regulation Article 107 – paragraph 1 b (new) 1 b. The fundamental rights officer shall enjoy complete independence in the conduct of his or her investigations and the performance of his or her duties. He or she shall not be given any instructions nor be restricted in any way as regards the performance of the functions which, by virtue of his or her appointment, are assigned to him under this Regulation.
Amendment 1479 #
Proposal for a regulation Article 107 – paragraph 1 c (new) Amendment 148 #
Proposal for a regulation Recital 6 (6) In its conclusions of 28 June 2018, the European Council called for strengthening further the supportive role of the European Border and Coast Guard Agency, including in the cooperation with third countries, through increased resources and an enhanced mandate, with a view to ensure the effective control of the external borders and significantly stepping up the effective return of i
Amendment 1480 #
Proposal for a regulation Article 107 – paragraph 2 2. The fundamental rights officer shall be independent in the performance of his or her duties. To this end special rules shall be laid down by the Management Board, in consultation with the Consultative Forum and the fundamental rights officer. He or she shall report directly to the management board and cooperate with the consultative forum. The fundamental rights officer shall so report
Amendment 1481 #
Proposal for a regulation Article 107 – paragraph 2 2. The fundamental rights officer shall be independent in the performance of his or her duties. To this end special rules shall be laid down by the Management Board, in consultation with the Consultative Forum and the Fundamental Rights officer. He or she shall report directly to the management board and
Amendment 1482 #
Proposal for a regulation Article 107 – paragraph 2 2. The fundamental rights officer shall
Amendment 1483 #
Proposal for a regulation Article 107 – paragraph 2 2. The fundamental rights officer shall be independent in the performance of his or her duties. He or she shall report directly to the management board and
Amendment 1484 #
Proposal for a regulation Article 107 – paragraph 2 a (new) 2 a. The fundamental rights officer shall have full administrative autonomy, including the possibility of unannounced visits, and adequate resources and staff at his or her disposal, to fulfil the tasks in full independence, corresponding to the mandate and the size of the agency. Staff allocated to the Fundamental rights office shall report only to the Fundamental Rights Officer.
Amendment 1485 #
Proposal for a regulation Article 107 – paragraph 2 a (new) 2 a. The fundamental rights officer shall have administrative autonomy and adequate resources and staff at his or her disposal, corresponding to the mandate and the size of the Agency.
Amendment 1486 #
Proposal for a regulation Article 107 – paragraph 3 3. The fundamental rights officer shall
Amendment 1487 #
Proposal for a regulation Article 107 – paragraph 3 3. The
Amendment 1488 #
Proposal for a regulation Article 107 – paragraph 3 3. The fundamental rights officer shall be consulted on
Amendment 1489 #
Proposal for a regulation Article 107 – paragraph 3 a (new) 3 a. The Agency shall provide its Fundamental Rights Officer with adequate resources and staff corresponding to its mandate and size. The Fundamental Rights Officer shall have access to all information necessary to fulfil her or his tasks and shall be granted administrative autonomy from the Agency.
Amendment 149 #
Proposal for a regulation Recital 7 (7) It is necessary to monitor the crossing of the external borders efficiently, address
Amendment 1490 #
3 a. The fundamental rights officer shall be assisted by a deputy fundamental rights officer. If the fundamental rights officer is absent or indisposed, the deputy fundamental rights officer shall take his or her place.
Amendment 1491 #
Proposal for a regulation Article 107 – paragraph 3 a (new) 3 a. The Fundamental Rights Officer shall present an annual report about the main challenges and achievements in guaranteeing fundamental rights in all activities of the Agency.
Amendment 1492 #
Proposal for a regulation Article 107 – paragraph 3 b (new) 3 b. The fundamental rights officer shall be provided with the resources and staff with the skills and seniority commensurate to the expansion of activities and powers of the Agency and necessary to enable him or her to effectively perform the variety of tasks in accordance with this Regulation. Any regular or extraordinary assignment of staff to the Agency shall be accompanied with the proportional allocation of staff to support the fundamental rights officer. Staff allocated to the fundamental rights officer shall report only to him or her.
Amendment 1493 #
Proposal for a regulation Article 107 – paragraph 3 b (new) 3 b. In the case of a long-term absence of the Fundamental Rights Officer, the management board shall appoint an interim Fundamental Rights Officer within one calendar week of such absence. The interim Fundamental Rights Officer shall have the necessary qualifications and experience in the field of fundamental rights. The interim Fundamental Rights Officer shall, where possible, be appointed from within the Agency's Fundamental Rights Office or from staff who worked in the same Office in the past.
Amendment 1494 #
Proposal for a regulation Article 107 – paragraph 3 c (new) 3 c. The Fundamental Rights Officer shall be tasked to present an annual report on the work of the Agency's Fundamental Rights Office. The report shall be communicated to the Executive Director, the Agency's Management Board and Consultative Forum, the European Parliament, the Council and the European Commission.
Amendment 1495 #
Proposal for a regulation Article 107 – paragraph 3 c (new) 3 c. The fundamental rights officer shall annually present a public report about the main challenges and achievements in protecting fundamental rights within the Agency. The report shall also include information on the complaints mechanism as referred to in Article 108 (9) of this Regulation.
Amendment 1497 #
Proposal for a regulation Article 108 – paragraph 1 1. The Agency shall
Amendment 1498 #
Proposal for a regulation Article 108 – paragraph 1 1. The Agency shall, in cooperation with the
Amendment 1499 #
Proposal for a regulation Article 108 – paragraph 1 1. The Agency shall, in cooperation with the fundamental rights officer, take the necessary measures to set up an independent complaints mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency.
Amendment 150 #
Proposal for a regulation Recital 7 (7) It is necessary to monitor the crossing of the external borders efficiently, address migratory challenges and potential future threats at the external borders, ensure a high level of internal security within the Union, safeguard the functioning of the Schengen area and respect the overarching principle of solidarity.
Amendment 1500 #
Proposal for a regulation Article 108 – paragraph 1 1. The Agency shall, in cooperation with the fundamental rights officer, take the necessary measures to
Amendment 1501 #
Proposal for a regulation Article 108 – paragraph 2 2. Any person who is
Amendment 1502 #
Proposal for a regulation Article 108 – paragraph 2 2. Any person who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support team deployment, joint return operation or return intervention and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any party representing such a person, may submit a complaint in writing to the Agency. The fundamental rights officer shall also have the power to initiative a complaint ex officio.
Amendment 1503 #
Proposal for a regulation Article 108 – paragraph 2 2. Any person who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support team deployment, joint return operation or return intervention and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions
Amendment 1504 #
Proposal for a regulation Article 108 – paragraph 2 2. Any person who is directly affected by the actions and omissions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support team deployment, joint return operation or return intervention and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any party representing such a person or in the public interest, may submit a complaint in writing to the Agency.
Amendment 1505 #
Proposal for a regulation Article 108 – paragraph 2 2. Any person who is directly affected by the actions and omissions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support team deployment, joint return operation or return intervention and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions or omissions, or any party representing such a person, may submit a complaint in writing to the Agency.
Amendment 1506 #
Proposal for a regulation Article 108 – paragraph 2 a (new) 2 a. The Fundamental Rights officer shall be able to initiate complaints ex officio.
Amendment 1507 #
Proposal for a regulation Article 108 – paragraph 3 Amendment 1508 #
Proposal for a regulation Article 108 – paragraph 3 Amendment 1509 #
Proposal for a regulation Article 108 – paragraph 3 3.
Amendment 151 #
Proposal for a regulation Recital 7 (7) It is necessary to monitor the crossing of the external borders efficiently, address migratory challenges and potential future threats at the external borders, ensure a high level of internal security within the Union, safeguard the functioning of the Schengen area and respect the overarching principle of solidarity. That should be accompanied by the proactive management of migration, including the necessary measures in third countries.
Amendment 1510 #
Proposal for a regulation Article 108 – paragraph 3 3.
Amendment 1511 #
Proposal for a regulation Article 108 – paragraph 4 Amendment 1512 #
Proposal for a regulation Article 108 – paragraph 4 Amendment 1513 #
Proposal for a regulation Article 108 – paragraph 4 4. The
Amendment 1514 #
Proposal for a regulation Article 108 – paragraph 4 4. The
Amendment 1515 #
Proposal for a regulation Article 108 – paragraph 4 4. The fundamental rights officer shall be responsible for handling complaints received by the Agency in accordance with 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, forward complaints
Amendment 1516 #
Proposal for a regulation Article 108 – paragraph 4 4. The fundamental rights officer shall be responsible for handling complaints received by the Agency in accordance with 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, forward complaints concerning members of the teams to the home Member State, inform the relevant authority or body competent for fundamental rights in a Member State for further action within their mandate, and register and ensure the follow-up by the Agency or that Member State.
Amendment 1517 #
Proposal for a regulation Article 108 – paragraph 4 4. The fundamental rights officer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the fundamental rights officer shall re
Amendment 1518 #
Proposal for a regulation Article 108 – paragraph 5 Amendment 1519 #
Proposal for a regulation Article 108 – paragraph 5 – subparagraph 1 In accordance with the right to good administration,
Amendment 152 #
Proposal for a regulation Recital 7 (7) It is necessary to
Amendment 1520 #
Proposal for a regulation Article 108 – paragraph 5 – subparagraph 1 In accordance with the right to good administration, if a complaint is admissible, complainants shall be informed that a complaint has been registered, that an assessment has been initiated and that a response may be expected as soon as it becomes available. If a complaint is forwarded to national authorities or bodies, the complainant shall be provided with their contact details. If a complaint is
Amendment 1521 #
Proposal for a regulation Article 108 – paragraph 5 – subparagraph 2 Amendment 1522 #
Proposal for a regulation Article 108 – paragraph 6 Amendment 1523 #
Proposal for a regulation Article 108 – paragraph 6 – subparagraph 1 In
Amendment 1524 #
Proposal for a regulation Article 108 – paragraph 6 – subparagraph 1 In the case of a registered complaint concerning a staff member of the Agency, the
Amendment 1525 #
Proposal for a regulation Article 108 – paragraph 6 – subparagraph 1 In the case of a registered complaint concerning a staff member of the Agency, the executive director shall ensure appropriate follow-up, in consultation with the fundamental rights officer, including disciplinary measures as necessary. The executive director shall report back
Amendment 1526 #
Proposal for a regulation Article 108 – paragraph 6 – subparagraph 1 In the case of a registered complaint concerning a staff member of the Agency, the
Amendment 1527 #
Where the executive director decides not to follow the recommendation, he or she shall provide the reasons for such derogation to the fundamental rights officer without delay.
Amendment 1528 #
Proposal for a regulation Article 108 – paragraph 6 – subparagraph 2 If a complaint is related to data protection issues, the executive director shall
Amendment 1529 #
Proposal for a regulation Article 108 – paragraph 7 Amendment 153 #
Proposal for a regulation Recital 7 (7) It is necessary to monitor the crossing of the external borders efficiently, address migratory challenges and potential future threats at the external borders, ensure a high level of internal security within the Union, safeguard the functioning of the Schengen area and respect the overarching principle of
Amendment 1530 #
Proposal for a regulation Article 108 – paragraph 7 7. I
Amendment 1531 #
Proposal for a regulation Article 108 – paragraph 7 7. If a complaint is registered that concerns a team member of a host Member State or a team member from other participating Member States, including a seconded member of the teams or seconded national expert, the home Member State shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the fundamental rights officer as to the findings and follow- up made in response to the complaint within
Amendment 1532 #
Proposal for a regulation Article 108 – paragraph 7 7. If a complaint is registered that concerns a team member of a host Member State or a team member from other participating Member States, including a seconded member of the teams or seconded national expert, the home Member State shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the fundamental rights officer as to the findings and follow- up made in response to the complaint within
Amendment 1533 #
Proposal for a regulation Article 108 – paragraph 7 7. If a complaint is registered that concerns a team member of a host Member State or a team member from other participating Member States, including a seconded member of the teams or seconded national expert, the home Member State shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the
Amendment 1534 #
Proposal for a regulation Article 108 – paragraph 8 Amendment 1535 #
Proposal for a regulation Article 108 – paragraph 8 Amendment 1536 #
Proposal for a regulation Article 108 – paragraph 8 8. Where a team member is found to have violated fundamental rights or international protection obligations, the Agency
Amendment 1537 #
Proposal for a regulation Article 108 – paragraph 8 8. Where a team member is found to have violated fundamental rights or international protection obligations, the Agency
Amendment 1538 #
Proposal for a regulation Article 108 – paragraph 9 Amendment 1539 #
Proposal for a regulation Article 108 – paragraph 9 Amendment 154 #
Proposal for a regulation Recital 8 Amendment 1540 #
Proposal for a regulation Article 108 – paragraph 9 9. The fundamental rights officer shall report to the executive director and to the management board as to the Agency's and Member States' findings and follow-up made in response to complaints. The
Amendment 1541 #
Proposal for a regulation Article 108 – paragraph 9 9. The fundamental rights officer shall report to the executive director and to the management board as to the Agency's and Member States' findings and follow-up made in response to complaints. The
Amendment 1542 #
Proposal for a regulation Article 108 – paragraph 9 9. The
Amendment 1543 #
Proposal for a regulation Article 108 – paragraph 10 Amendment 1544 #
Proposal for a regulation Article 108 – paragraph 10 Amendment 1545 #
Proposal for a regulation Article 108 – paragraph 10 – subparagraph 1 The fundamental rights officer shall, in accordance with the provisions set out in paragraphs 1 to 9 and after consulting the consultative forum, draw up a standardised complaint form, including an easily- accessible on-line form on mobile phones, requiring detailed and specific information concerning the alleged breach of fundamental rights. The fundamental rights officer shall also draw up any further detailed rules as necessary. The fundamental rights officer shall submit that form and such further detailed rules to the executive director and to the management board.
Amendment 1546 #
Proposal for a regulation Article 108 – paragraph 10 – subparagraph 2 The Agency shall ensure that information about the possibility and procedure for making a complaint is readily available, including for vulnerable persons. The standardised complaint form shall be made available on the Agency's website and in hardcopy during all activities of the Agency, in languages that third-country nationals understand or are reasonably believed to understand and that further guidance and assistance on the complaints procedure is provided to alleged victims and on request Information tailored to children 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 standardised complaint form.
Amendment 1547 #
Proposal for a regulation Article 108 – paragraph 10 – subparagraph 2 The Agency shall ensure that information about the possibility and procedure for making a complaint is readily available, including for vulnerable persons. The standardised complaint form shall be made available and easily accessible on the Agency's website, ensuring easy accessibility on mobile phones, and in hardcopy during all activities of the Agency, in languages that third-country nationals understand or are reasonably believed to understand. Complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardised complaint form.
Amendment 1548 #
Proposal for a regulation Article 108 – paragraph 11 Amendment 1549 #
Proposal for a regulation Article 108 – paragraph 11 – subparagraph 1 Any personal data contained in a complaint shall be handled and processed by the Agency including the fundamental rights officer in accordance with
Amendment 155 #
Proposal for a regulation Recital 8 Amendment 1550 #
Proposal for a regulation Article 110 – paragraph 2 2. The Agency shall communicate on matters falling within the scope of its tasks on its own initiative. It shall make public relevant information including the annual activity report referred to in point (
Amendment 1551 #
Proposal for a regulation Article 110 – paragraph 3 3. The management board shall appoint a transparency officer and ensure that he or she is involved in a properly and timely manner in all issues which related to transparency and access to documents. After consulting the transparency officer, the management board shall lay down the practical arrangements for the application of paragraphs 1 and 2.
Amendment 1552 #
Proposal for a regulation Article 111 – paragraph 1 – point c Amendment 1553 #
Proposal for a regulation Article 111 – paragraph 5 – subparagraph 1 (new) The provisional draft estimate shall be based on the detailed objectives and the expected results of the annual work programme and shall take into account the financial resources necessary to achieve those objectives and results, in accordance with the principle of performance-based budgeting.
Amendment 1554 #
Proposal for a regulation Article 111 – paragraph 14 a (new) 14 a. The budget, including the establishment plan, shall include sufficient financing of the Fundamental Rights Strategy and the Fundamental Rights Officer amounting to at least 1% of the overall budget.
Amendment 1555 #
Proposal for a regulation Article 116 – paragraph 1 – subparagraph 1 – introductory part Amendment 1556 #
Proposal for a regulation Article 116 – paragraph 1 – subparagraph 1 – introductory part By [31 May 202
Amendment 1557 #
Proposal for a regulation Article 116 – paragraph 1 – subparagraph 1 – point a (a) the results achieved by the Agency
Amendment 1558 #
Proposal for a regulation Article 116 – paragraph 1 – subparagraph 2 The evaluation shall include a specific analysis on the way the Charter and other relevant Union law has been complied with in the application of this Regulation. This analyses shall be carried out in cooperation with the Agency for Fundamental Rights and in consultation with the Consultative Forum.
Amendment 1559 #
Proposal for a regulation Article 116 – paragraph 2 2. The Commission shall send without delay the evaluation report
Amendment 156 #
Proposal for a regulation Recital 8 (8) In order to reflect the further qualitative enhancement of its mandate, in particular by providing it with its own operational arm,
Amendment 1560 #
Proposal for a regulation Article 116 – paragraph 3 Amendment 1561 #
Proposal for a regulation Article 116 – paragraph 4 Amendment 1562 #
Proposal for a regulation Article 117 – paragraph 4 Amendment 1563 #
Proposal for a regulation Article 117 – paragraph 4 Amendment 1564 #
Proposal for a regulation Article 118 Amendment 1565 #
Proposal for a regulation Article 118 Amendment 1566 #
Proposal for a regulation Article 118 Amendment 1567 #
Proposal for a regulation Article 119 – paragraph 1 1. Regulations (EU) No 1052/2013
Amendment 1568 #
Proposal for a regulation Article 119 – paragraph 3 3. Joint Action 98/700/JHA is
Amendment 157 #
Proposal for a regulation Recital 8 (8) In order to reflect the further qualitative enhancement of its mandate, in particular by providing it with its own operational arm, the European Border and Cost Guard standing corps
Amendment 158 #
Proposal for a regulation Recital 9 Amendment 159 #
Proposal for a regulation Recital 9 (9) When implementing European integrated border management, coherence with other policy objectives should be ensured, including the free movement of persons, the right to asylum and the proper functioning of cross-border transport.
Amendment 160 #
Proposal for a regulation Recital 10 Amendment 161 #
Proposal for a regulation Recital 10 (10) European Integrated Border Management should be implemented as a shared responsibility of the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks, and those responsible for returns. While Member States retain the primary responsibility for the management of their external borders in their interest and in the interest of all Member States and are responsible for issuing return decisions, the Agency should support the application of Union measures relating to the management of the external borders and returns by reinforcing, assessing and coordinating the actions of Member States which implement those measures. There should be no operational overlap between the Agency and the Member States.
Amendment 162 #
Proposal for a regulation Recital 10 (10) European Integrated Border Management should be implemented as a shared responsibility of the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance and search and rescue operations and any other border control tasks, and those responsible for returns. While Member States retain the
Amendment 163 #
Proposal for a regulation Recital 10 (10) European Integrated Border Management should be implemented as a shared responsibility of the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks, and those responsible for returns. While Member States retain the primary responsibility for the management of their external borders in their interest and in the interest of all Member States and are responsible for issuing return decisions, the Agency should support the application of Union measures relating to the management of the external borders and returns by reinforcing
Amendment 164 #
Proposal for a regulation Recital 11 Amendment 165 #
Proposal for a regulation Recital 11 (11) To ensure the effective implementation of European Integrated Border Management
Amendment 166 #
Proposal for a regulation Recital 12 Amendment 167 #
Proposal for a regulation Recital 13 Amendment 168 #
Proposal for a regulation Recital 14 Amendment 169 #
Proposal for a regulation Recital 14 Amendment 170 #
Proposal for a regulation Recital 14 (14) The effective implementation of the European Integrated Border Management by the European Border and Coast Guard should be ensured through a multiannual strategic policy cycle for European Integrated Border Management. The multiannual cycle should set an integrated, unified and continuous process to provide strategic guidelines to all the relevant
Amendment 171 #
Proposal for a regulation Recital 14 (14) The effective implementation of the European Integrated Border Management by the European Border and Coast Guard should be ensured through a multiannual strategic policy cycle for European Integrated Border Management. The multiannual cycle should set an integrated, unified and continuous process to provide strategic guidelines to all the relevant actors at Union level and in Member States in the area of border management and returns in order for those actors to implement the European Integrated Border Management in a coherent manner and in full compliance with fundamental rights. It shall also address all the relevant interactions of the European Border and Coast Guard with the Commission, other institutions and bodies as well as cooperation with other relevant partners, including third countries and third parties as appropriate.
Amendment 172 #
Proposal for a regulation Recital 14 (14) The effective implementation of the European Integrated Border Management by the European Border and Coast Guard should be ensured through a multiannual strategic policy cycle for European Integrated Border Management. The multiannual cycle should
Amendment 173 #
Proposal for a regulation Recital 15 Amendment 174 #
Proposal for a regulation Recital 15 (15) European integrated border management requires
Amendment 175 #
Proposal for a regulation Recital 15 a (new) (15 a) Nothing in this Regulation should be construed as providing for or enabling the creation of a centralised Union academy for border guards.
Amendment 176 #
Proposal for a regulation Recital 16 (16) The implementation of this Regulation does not affect the division of competence between the Union and the Member States or the obligations of Member States under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, the 1954 United Nations Convention Relating to the Status of Stateless persons and other relevant international instruments.
Amendment 177 #
Proposal for a regulation Recital 16 (16) The implementation of this Regulation does not affect the division of competence between the Union and the Member States or the obligations of Member States under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms the 1954 United Nations Convention Relating to the Status of Stateless Persons and other relevant international instruments.
Amendment 178 #
Proposal for a regulation Recital 16 (16) The implementation of this Regulation does not affect the division of competence between the Union and the
Amendment 179 #
Proposal for a regulation Recital 16 (16) The implementation of this Regulation does not affect the division of competence between the Union and the Member States or the obligations of Member States under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees, the Convention for the
Amendment 180 #
Proposal for a regulation Recital 16 (16) The implementation of this Regulation does not affect the division of competence between the Union and the Member States or the obligations of Member States under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees
Amendment 181 #
Proposal for a regulation Recital 17 (17) The implementation of this
Amendment 182 #
Proposal for a regulation Recital 17 a (new) (17 a) The remit of action of the European Maritime Safety Agency and the European Fisheries Control Agency have enlarged and their cooperation with the Agency has been reinforced; the European Commission should therefore present a proposal to include these agencies, along with any other relevant actors such as member states, in the scope of application of Regulation 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea 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 183 #
Proposal for a regulation Recital 18 (18) The Agency should carry out its tasks without prejudice to the responsibilities and the subsidiarity principle of the Member States with regard to maintaining law and order and safeguarding internal security.
Amendment 184 #
Proposal for a regulation Recital 18 (18) The Agency should carry out its tasks w
Amendment 185 #
Proposal for a regulation Recital 19 (19) The Agency should carry out its tasks w
Amendment 186 #
Proposal for a regulation Recital 19 a (new) (19 a) The Member States and the Agency shall define areas at the common external Schengen borders in which they operate on a uniform shared competence in order to be able to intervene immediately and maintain order security, especially in cases of acute risks of increasing migration movements
Amendment 187 #
Proposal for a regulation Recital 20 (20) The extended tasks and competence of the Agency should be balanced with strengthened fundamental rights safeguards
Amendment 188 #
Proposal for a regulation Recital 22 (22) Member States should also, in their own interest and in the interest of the other Member States, contribute relevant data necessary for the activities carried out by the Agency, including for the purposes of situational awareness, risk analysis, vulnerability assessments and integrated planning. Where this data includes personal data, Union law on data protection should apply in full. Equally, they should ensure that the data are accurate, up-to-date and obtained and entered lawfully.
Amendment 189 #
Proposal for a regulation Recital 22 (22) Member States should also
Amendment 190 #
Proposal for a regulation Recital 23 (23) The European border surveillance system (EUROSUR) is necessary for the functioning of the European Border and Coast Guard in order to frame the exchange of information and the operational cooperation between national authorities of Member States as well as with the Agency. EUROSUR is providing those authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability at the external borders for the purpose of detecting, preventing and combating
Amendment 191 #
Proposal for a regulation Recital 23 (23) The European border surveillance system (EUROSUR) is necessary for the functioning of the European Border and
Amendment 192 #
Proposal for a regulation Recital 23 (23) The European border surveillance system (EUROSUR) is necessary for the functioning of the European Border and Coast Guard in order to frame the exchange of information and the operational cooperation between national authorities of Member States as well as with the Agency. EUROSUR is providing those authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability at the external borders for the purpose of detecting, preventing
Amendment 193 #
Proposal for a regulation Recital 23 (23) The European border surveillance system (EUROSUR) is necessary for the functioning of the European Border and Coast Guard in order to frame the exchange of information and the operational cooperation between national authorities of Member States as well as with the Agency. EUROSUR is providing those authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability at the external borders for the purpose of
Amendment 194 #
Proposal for a regulation Recital 24 (24) Member States should establish national coordination centres to improve the exchange of information and the cooperation
Amendment 195 #
Proposal for a regulation Recital 25 Amendment 196 #
Proposal for a regulation Recital 25 (25) This Regulation should not hinder Member States from making their national coordination centres also responsible for coordinating the exchange of information and for cooperation with regard
Amendment 197 #
Proposal for a regulation Recital 26 Amendment 198 #
Proposal for a regulation Recital 26 (26) The quality of the information exchanged between the Member States and the Agency
Amendment 199 #
Proposal for a regulation Recital 27 Amendment 200 #
Proposal for a regulation Recital 27 (27) The Agency should provide the necessary assistance for the development and operation of EUROSUR
Amendment 201 #
(28) EUROSUR should provide an exhaustive situational picture at the external borders
Amendment 202 #
Proposal for a regulation Recital 28 (28) EUROSUR should provide an exhaustive situational picture at the external borders
Amendment 203 #
Proposal for a regulation Recital 29 (29) Air border surveillance should be an element of border management since both commercial and private flights and remotely piloted aircraft systems are being used for illegal activities related to
Amendment 204 #
Proposal for a regulation Recital 30 Amendment 205 #
Proposal for a regulation Recital 30 (30) The EUROSUR Fusion services supplied by the Agency should be based on the common application of surveillance tools and inter-agency cooperation at Union level, including the provision of Copernicus Security services. They should provide the Member States and the Agency with added value information services related to Integrated Border Management. EUROSUR Fusion Services should be expanded to support checks at
Amendment 206 #
Proposal for a regulation Recital 31 (31) The
Amendment 207 #
Proposal for a regulation Recital 31 (31) The practice of travelling in small and unseaworthy vessels has dramatically increased the number of migrants drowning at the southern maritime external borders. EUROSUR should considerably improve the operational and technical ability of the Agency and the Member States to detect such small vessels and to improve the reaction capability of the Member States to conduct Search and Rescue operations, thereby contributing to reducing the loss of lives of migrants.
Amendment 208 #
Proposal for a regulation Recital 32 (32) It is recognised in this Regulation that
Amendment 209 #
Proposal for a regulation Recital 33 Amendment 210 #
Proposal for a regulation Recital 33 (33) The Agency should prepare general and tailored risk analyses based on a common integrated risk analysis model
Amendment 211 #
Proposal for a regulation Recital 33 (33) The Agency should prepare general and tailored risk analyses based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The Agency should, based also on information provided by Member States, provide adequate information covering all aspects relevant to European integrated border management, especially border control, return,
Amendment 212 #
Proposal for a regulation Recital 33 (33) The Agency should prepare general and tailored risk analyses based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The Agency should, based also on information provided by Member States, provide adequate information covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third-country nationals within the Union, prevention of cross- border crime including facilitation of unauthorised border crossings, trafficking in human beings, organised crime, terrorism and threats of a hybrid nature, as well as the situation in relevant third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of the external borders.
Amendment 213 #
Proposal for a regulation Recital 33 (33) The Agency should prepare general and tailored risk analyses based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The Agency should, based also on information provided by Member States, provide adequate information covering all aspects relevant to European integrated border management, especially border control, return
Amendment 214 #
Proposal for a regulation Recital 34 (34) Given its activities at the external borders, the Agency should contribute to
Amendment 215 #
Proposal for a regulation Recital 34 (34) Given its activities at the external borders, the Agency should contribute to preventing and detecting serious crime with a cross-border dimension, such as migrant smuggling, trafficking in human beings and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Cross-border crimes necessarily entail a cross-border dimension. Such a cross- border dimension is characterised by crimes directly linked to unauthorised crossings of the external borders, including smuggling of drugs and weapons, trafficking in human beings or smuggling of migrants. That said, Article 1(2) of Council Directive 2002/90/EC19
Amendment 216 #
Proposal for a regulation Recital 34 (34) Given its activities at the external
Amendment 217 #
Proposal for a regulation Recital 34 (34)
Amendment 218 #
Proposal for a regulation Recital 34 (34) Given its activities at the external borders, the Agency should contribute to preventing and detecting serious crime with a cross-border dimension, such as the smuggling of goods, migrant smuggling, trafficking in human beings and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Cross-border crimes necessarily entail a cross-border dimension. Such a cross-
Amendment 219 #
Proposal for a regulation Recital 34 (34) Given its activities at the external
Amendment 220 #
Proposal for a regulation Recital 35 Amendment 221 #
Proposal for a regulation Recital 35 (35) In a spirit of shared responsibility, the role of the Agency should be to monitor regularly the management of the external borders, including the respect for fundamental rights as part of border management activities. The Agency should ensure proper and effective monitoring not only through situational awareness and risk analysis, but also through the presence of experts and fundamental rights monitors from its own staff in Member States. The Agency should therefore be able to deploy liaison officers and staff of the Fundamental Rights Officer to Member States for a period of time during which the liaison officer and FRO staff reports to the executive director
Amendment 222 #
Proposal for a regulation Recital 36 (36) The Agency should carry out a vulnerability assessment based on objective criteria, to assess the capacity and readiness of the Member States to face challenges at their external borders
Amendment 223 #
Proposal for a regulation Recital 36 (36) The Agency should carry out a
Amendment 224 #
Proposal for a regulation Recital 36 (36) The Agency should carry out a vulnerability assessment based on objective criteria, to assess the capacity and readiness of the Member States to face challenges at their external borders and to contribute to the European Border and Coast Guard standing corps and technical equipment pool. The vulnerability assessment should include an assessment of the equipment, infrastructure, staff,
Amendment 225 #
Proposal for a regulation Recital 37 Amendment 226 #
Proposal for a regulation Recital 38 Amendment 227 #
Proposal for a regulation Recital 38 (38) The vulnerability assessment and the Schengen evaluation mechanism established by Council Regulation (EU) No 1053/201320 are two complementary mechanisms
Amendment 228 #
Proposal for a regulation Recital 38 a (new) (38 a) The Schengen Evaluation Mechanism should remain the fundamental instrument for evaluating the implementation and compliance of Union legislation;
Amendment 229 #
Proposal for a regulation Recital 39 Amendment 230 #
Proposal for a regulation Recital 39 Amendment 231 #
Proposal for a regulation Recital 39 Amendment 232 #
Proposal for a regulation Recital 40 (40) The Agency should organise the appropriate technical and operational
Amendment 233 #
Proposal for a regulation Recital 40 (40) The Agency should organise the appropriate technical and operational assistance to Member States in order to reinforce their capacity to implement their obligations with regard to the control of the external borders and to face challenges at the external borders resulting from illegal immigration or cross-border crime. Such assistance should be without prejudice to the relevant national authorities' competence to initiate criminal investigations. In that respect, the Agency should, at the request of a Member State
Amendment 234 #
Proposal for a regulation Recital 40 (40) The Agency should organise the appropriate technical and operational assistance to Member States in order to reinforce their capacity to implement their obligations with regard to the control of the external borders and to face challenges at the external borders resulting from i
Amendment 235 #
Proposal for a regulation Recital 40 (40) The Agency should organise the appropriate technical and operational
Amendment 236 #
Proposal for a regulation Recital 40 (40) The Agency should organise the appropriate technical and operational assistance to Member States in order to reinforce their capacity to implement their obligations with regard to the control of the external borders and to face challenges at the external borders resulting from
Amendment 237 #
Proposal for a regulation Recital 40 (40) The Agency should
Amendment 238 #
Proposal for a regulation Recital 41 Amendment 239 #
Proposal for a regulation Recital 41 (41) In cases where there is a specific and disproportionate challenge at the external borders, the Agency should, at the request of a Member State
Amendment 240 #
Proposal for a regulation Recital 41 (41) In cases where there is a specific and disproportionate challenge at the external borders, the Agency should, at the request of a Member State
Amendment 241 #
Proposal for a regulation Recital 41 (41) In cases where there is a specific and disproportionate challenge at the external borders, the Agency should, at the request of a Member State
Amendment 242 #
Proposal for a regulation Recital 42 Amendment 243 #
Proposal for a regulation Recital 42 (42) Where a Member State faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large, inward, mixed migratory flows the Member States should be able to rely on technical and operational reinforcements. Those reinforcements should be provided in hotspot areas by migration management support teams. Those teams should be composed of operational staff to be deployed from the European Border and Coast Guard standing corps and experts from Member States deployed by
Amendment 244 #
Proposal for a regulation Recital 42 (42) Where a Member State faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large, inward, mixed migratory flows the
Amendment 245 #
Proposal for a regulation Recital 43 (43) Member States should ensure that any authorities which are likely to receive applications for international protection such as the police, border guards, immigration authorities and personnel of detention facilities have the relevant
Amendment 246 #
Proposal for a regulation Recital 43 (43) Member States should ensure that any authorities which are likely to receive applications for international protection such as the police, border guards, immigration authorities and personnel of detention facilities have the relevant information. They should also ensure that such authorities' personnel receive the necessary level of training which is appropriate to their tasks and responsibilities and instructions to inform applicants as to where and how applications for international protection may be lodged. Monitoring mechanisms should be put in place as well as an independent evaluation to ensure the implementation in practice.
Amendment 247 #
Proposal for a regulation Recital 43 a (new) (43a) The European Border and Coast Guard Agency should be able to provide and guarantee an equal and appropriate level of training to all members of the standing corps, while ensuring that there is a shared European understanding of the Agency’s role and competence, particularly in relation to the implementation of relevant European legislation.
Amendment 248 #
Proposal for a regulation Recital 44 Amendment 249 #
Proposal for a regulation Recital 44 Amendment 250 #
Proposal for a regulation Recital 44 (44) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In that respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows.
Amendment 251 #
Proposal for a regulation Recital 44 (44) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In that respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows.
Amendment 252 #
Proposal for a regulation Recital 44 (44) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe
Amendment 253 #
Proposal for a regulation Recital 44 (44) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In that respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows. That support is possible through the establishment of controlled centres where third-country nationals disembarked in the Union could be rapidly processed to ensure access to protection and assistance of those in need, with swift returns for those who are not. Whereas controlled centres are to be established on a voluntary basis, it should be possible for the Union to provide the
Amendment 254 #
Proposal for a regulation Recital 45 (45) The European Border and Coast Guard Agency
Amendment 255 #
Proposal for a regulation Recital 45 (45) The European Border and Coast Guard Agency and the [European Union Agency for Asylum] should cooperate closely in order to address effectively the migratory challenges, in particular at the external borders characterised by large inward mixed migratory flows.
Amendment 256 #
Proposal for a regulation Recital 45 (45) The European Border and Coast Guard Agency and the [European Union Agency for Asylum] should cooperate closely in order to address effectively the migratory challenges, in particular at the external borders characterised by large inward mixed migratory flows. In particular, both Agencies should coordinate their activities and support Member States to facilitate the procedure for international protection and the return procedure with regard to third country nationals whose application for international protection is rejected and who are not entitled to other grounds to stay under EU and international law. The Agency and [the European Union Agency for Asylum] should also cooperate in other common operational activities such as shared risk analysis, collection of statistical data, training and support to Member States on contingency planning.
Amendment 257 #
Proposal for a regulation Recital 45 (45) The European Border and Coast Guard Agency and the [European Union Agency for Asylum] should cooperate closely in order to address effectively the migratory challenges, in particular at the external borders characterised by large inward mixed migratory flows. In particular, both Agencies should coordinate their activities and support Member States to facilitate the procedure for international
Amendment 258 #
Proposal for a regulation Recital 45 a (new) (45 a) The European Border and Coast Guard Agency should cooperate closely with the Fundamental Rights Agency to ensure fundamental rights are safeguarded in the implementation of all the areas covered by the Regulation.
Amendment 259 #
Proposal for a regulation Recital 46 Amendment 260 #
Proposal for a regulation Recital 46 Amendment 261 #
Proposal for a regulation Recital 46 (46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of experts from the staff of the Agency and experts seconded by the Member States, and experts of the staff of/or Member States' experts deployed by, the [European Agency for Asylum], Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies. The Commission should ensure the necessary coordination in the assessment of needs and operations on the ground in view of the involvement of various Union agencies.
Amendment 262 #
Proposal for a regulation Recital 46 (46) Member States should be able to
Amendment 263 #
Proposal for a regulation Recital 46 (46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas
Amendment 264 #
Proposal for a regulation Recital 46 (46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas
Amendment 265 #
Proposal for a regulation Recital 47 Amendment 266 #
Proposal for a regulation Recital 47 (47) In hotspot areas, the Member States should cooperate with relevant Union agencies which should act within their respective mandates and powers, and under the coordination of the Commission. The Commission, in cooperation with the relevant Union agencies, should ensure that activities in hotspot areas comply with the relevant Union law, including on the Common European Asylum System and on fundamental rights.
Amendment 267 #
Proposal for a regulation Recital 48 Amendment 268 #
Proposal for a regulation Recital 48 Amendment 269 #
Proposal for a regulation Recital 48 Amendment 270 #
Proposal for a regulation Recital 48 Amendment 271 #
Proposal for a regulation Recital 48 Amendment 272 #
Proposal for a regulation Recital 48 (48) In controlled centres, Union agencies should, at the request of the Member State hosting such centres and under the coordination of the Commission, act in support of the host Member State to apply rapid procedures for
Amendment 273 #
Proposal for a regulation Recital 49 Amendment 274 #
Proposal for a regulation Recital 49 Amendment 275 #
Proposal for a regulation Recital 49 (49) When
Amendment 276 #
Proposal for a regulation Recital 49 (49) When justified by the results of the vulnerability assessment
Amendment 277 #
Proposal for a regulation Recital 50 Amendment 278 #
Proposal for a regulation Recital 50 Amendment 279 #
Proposal for a regulation Recital 50 (50) Where control of the external border is rendered ineffective to such an extent that it
Amendment 280 #
Proposal for a regulation Recital 50 (50) Where control of the external border is rendered ineffective to such an extent that it risks jeopardising the functioning of the Schengen area, either because a Member State does not take the necessary measures in line with a vulnerability assessment or because a Member State facing specific and disproportionate challenges at the external borders has not requested sufficient support from the Agency or is not implementing such support, a unified, rapid and effective response should be delivered at Union level. For the purpose of mitigating these risks, and to ensure better coordination at Union level, the Commission should propose to the Council a decision identifying the measures to be implemented by the Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The
Amendment 281 #
Proposal for a regulation Recital 50 (50) Where control of the external border is rendered ineffective to such an extent that it risks jeopardising the functioning of the Schengen area, either because a Member State does not take the necessary measures in line with a vulnerability assessment or because a Member State facing specific and
Amendment 282 #
Proposal for a regulation Recital 50 (50) Where control of the external border is rendered ineffective to such an extent that it risks jeopardising the functioning of the Schengen area, either because a Member State does not take the necessary measures in line with a vulnerability assessment or because a Member State facing specific and disproportionate challenges at the external borders has not requested sufficient support from the Agency or is not implementing such support, a unified, rapid and effective response should be delivered at Union level. For the purpose of mitigating these risks, and to ensure better coordination at Union level, the Commission should propose to the Council a decision identifying the measures to be implemented by the Agency and requir
Amendment 283 #
Proposal for a regulation Recital 51 Amendment 284 #
Proposal for a regulation Recital 51 (51) The European Border and Coast Guard standing corps should be a standing corps composed of 10,000 operational staff being border guards, return escorts, return specialists, return monitors, fundamental rights monitors and other relevant staff. The standing corps should be composed of three categories of operational staff, namely statutory staff members employed by the European Border and Coast Guard Agency, staff seconded to the Agency by the Member States for long term durations and staff provided by Member States for short term deployments. The European Border and Coast Guard standing corps should be deployed in the framework of border management teams, migration management support teams or return teams.
Amendment 285 #
Proposal for a regulation Recital 51 (51) The European Border and Coast Guard standing corps should be a standing corps composed of
Amendment 286 #
Proposal for a regulation Recital 51 (51) The European Border and Coast Guard standing corps should be a standing corps composed of
Amendment 287 #
Amendment 288 #
Proposal for a regulation Recital 52 (52) The operational staff of the European Border and Coast Guard standing corps deployed as members of the teams should have the all the necessary powers to carry out border control, fundamental rights monitoring and return tasks, including the tasks requiring executive powers defined in the relevant national laws or, for the staff of the Agency, in accordance with Annex V.
Amendment 289 #
Proposal for a regulation Recital 53 Amendment 290 #
Proposal for a regulation Recital 53 (53)
Amendment 291 #
Proposal for a regulation Recital 53 (53) Member States should ensure their respective minimum contributions to the European Border and Coast Guard standing corps in accordance with Annex
Amendment 292 #
Proposal for a regulation Recital 54 Amendment 293 #
Proposal for a regulation Recital 55 Amendment 294 #
Proposal for a regulation Recital 55 (55) The long-term development of human resources to secure the contributions of the Member States to the European and Border Guard standing corps should be supported by a financial support system. For this purpose, it is appropriate to authorise the Agency to use the award of grants to the Member States without a call for proposals under 'financing not linked to costs' in accordance with Article 125 (1) (a) of Regulation (EU, Euratom) 2018/1046.
Amendment 295 #
Proposal for a regulation Recital 56 Amendment 296 #
Proposal for a regulation Recital 56 (56) In view of deployment of the European Border and Coast Guard standing corps
Amendment 297 #
Proposal for a regulation Recital 57 Amendment 298 #
Proposal for a regulation Recital 57 (57) In order to allow for the effective deployments from the European Border and Coast Guard standing corps
Amendment 299 #
Proposal for a regulation Recital 58 Amendment 300 #
Proposal for a regulation Recital 58 (58) Also, by way of derogation from the normal deadline set in the Regulation, the decision of the Management Board on the minimum number of items of technical equipment to meet the needs of the Agency in
Amendment 301 #
Proposal for a regulation Recital 59 (59) At the same time, in order to ensure the continuity of the support
Amendment 302 #
Proposal for a regulation Recital 60 (60) The Agency's workforce will consist of staff performing the tasks devoted to the Agency, either in the Headquarters, or
Amendment 303 #
Proposal for a regulation Recital 61 Amendment 304 #
Proposal for a regulation Recital 61 (61) To overcome the persistent gaps in the voluntary pooling of technical equipment from Member States, in particular as regards large-scale assets, the Agency should have its own necessary equipment to be deployed in joint operations or rapid border interventions or any other operational activities. These assets should be enabled to allow the exercise powers of enforcement as being on the government service of the Member State of the registration, in accordance with the international law1a, in particular when they operate on the high seas. While the Agency has been legally able to acquire or
Amendment 305 #
Proposal for a regulation Recital 62 Amendment 306 #
Proposal for a regulation Recital 62 a (new) (62 a) It is necessary to revise the envelope reserved for the Agency by the Commission in the 2021-2027 multiannual financial framework before the establishment of the following multiannual financial framework in order to provide the Agency with sustainability after 2027 and to maintain comprehensive European Integrated Border Management.
Amendment 307 #
Proposal for a regulation Recital 64 Amendment 308 #
Proposal for a regulation Recital 64 (64) The long-term development of new capabilities within the European Border and Coast Guard should be coordinated between the Member States and the Agency in line with the multiannual strategic policy cycle, taking into account the long duration of certain processes. This includes the recruitment and training, including on fundamental rights and the implementation of the complaints mechanism and fundamental rights strategy of new border guards, (which could during their career serve both in Member States and as part of the standing corps), the acquisition, maintenance and disposal of equipment (for which opportunities for interoperability and economies of scale should be sought) but also the development of new equipment and related technologies including through research.
Amendment 309 #
Proposal for a regulation Recital 64 (64) The long-term development of new capabilities within the European Border and Coast Guard should be coordinated between the Member States and the Agency
Amendment 310 #
Proposal for a regulation Recital 65 Amendment 311 #
Proposal for a regulation Recital 66 Amendment 312 #
Proposal for a regulation Recital 66 a (new) (66 a) Little progress has been made in increasing the effectiveness of returns. On the contrary, Eurostat statistics show a decrease in the return rate throughout the Union from 45,8% in 2016 to a mere 36,6% in 2017.
Amendment 313 #
Proposal for a regulation Recital 67 Amendment 314 #
Proposal for a regulation Recital 67 (67) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or
Amendment 315 #
Proposal for a regulation Recital 67 (67) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC of the European Parliament and of the Council22, is an essential component of the comprehensive efforts to tackle i
Amendment 316 #
Proposal for a regulation Recital 68 Amendment 317 #
Proposal for a regulation Recital 68 (68) The Agency should step up its assistance to Member States for returning third-country nationals, subject to the Union return policy and in compliance with Directive 2008/115/EC. In particular, it should coordinate and organise return operations from one or more Member States
Amendment 318 #
Proposal for a regulation Recital 69 Amendment 319 #
Proposal for a regulation Recital 69 (69) The Agency should, in full respect for fundamental rights and without prejudice for the Member States’ responsibility for issuing return decisions, provide technical and operational assistance to Member States in the return
Amendment 320 #
Proposal for a regulation Recital 69 (69) The Agency should, in full respect for fundamental rights and without prejudice for the Member States’ responsibility for issuing return decisions, provide technical and operational assistance to Member States in the return process, including
Amendment 321 #
Proposal for a regulation Recital 70 Amendment 322 #
Proposal for a regulation Recital 70 (70) The assistance to Member States in carrying out return procedures should include the provision of practical information on third countries of return relevant for the implementation of this Regulation, such as the provision of contact details or other logistical information necessary for the
Amendment 323 #
Proposal for a regulation Recital 71 Amendment 324 #
Proposal for a regulation Recital 71 Amendment 325 #
Proposal for a regulation Recital 71 Amendment 326 #
Proposal for a regulation Recital 71 (71) The Agency should also provide technical and operational assistance to return activities of third countries, in particular when such assistance is justified by the priorities of the i
Amendment 327 #
Proposal for a regulation Recital 72 (72) The possible existence of an arrangement between a Member State and
Amendment 328 #
Proposal for a regulation Recital 72 (72) The possible existence of an arrangement between a Member State and a third country does not absolve the Agency or the Member States from their obligations under Union or international law, in particular as regards compliance with the principle of non-refoulement, the prohibition of arbitrary detention and the prohibition of torture inhuman or degrading treatment or punishment.
Amendment 329 #
Proposal for a regulation Recital 72 (72) The possible existence of an arrangement between a Member State and
Amendment 330 #
Proposal for a regulation Recital 73 Amendment 331 #
Proposal for a regulation Recital 73 (73) Member States should be able to cooperate at operational level with other Member States a
Amendment 332 #
Proposal for a regulation Recital 73 (73) Member States should be able to cooperate at operational level with other Member States and/or third countries at the external borders,
Amendment 333 #
Proposal for a regulation Recital 74 Amendment 334 #
Proposal for a regulation Recital 74 (74) The Agency should improve the exchange of information and the cooperation with other Union bodies, offices and agencies, such as EUROPOL,
Amendment 335 #
Proposal for a regulation Recital 75 Amendment 336 #
Proposal for a regulation Recital 75 (75) Cooperation with third countries, following the conclusion of a status agreement between the Union and the third country concerned, is an element of European Integrated Border Management. It should serve to promote European border management and return standards, to exchange information and risk analysis, to facilitate the implementation of returns with a view to increasing their efficiency and to support third countries in the area of border management and migration, including the deployment of the European Border and Coast Guard standing corps when such support is required to protect external borders and the effective management of the Union’s migration policy.
Amendment 337 #
Proposal for a regulation Recital 75 (75) Cooperation with third countries is an element of European Integrated Border Management. It should serve to promote European border management and dignified return standards, to exchange information and risk analysis, to facilitate the implementation of returns with a view to increasing their
Amendment 338 #
Proposal for a regulation Recital 75 (75) Cooperation with third countries is an important element of European Integrated Border Management. It should serve to promote European border management and return standards, to exchange information and risk analysis, to facilitate the implementation of returns with a view to increasing their efficiency and to support third countries in the area of border management and migration, including the deployment of the European Border and Coast Guard standing corps when such
Amendment 339 #
Proposal for a regulation Recital 76 Amendment 340 #
Proposal for a regulation Recital 76 (76) Cooperation with third countries should take place in the framework of the external action of the Union
Amendment 341 #
Proposal for a regulation Recital 77 Amendment 342 #
Proposal for a regulation Recital 78 Amendment 343 #
Proposal for a regulation Recital 78 (78) This Regulation includes provisions on cooperation with third countries, because well-structured
Amendment 344 #
Proposal for a regulation Recital 79 Amendment 345 #
Proposal for a regulation Recital 81 Amendment 346 #
Proposal for a regulation Recital 82 Amendment 347 #
Proposal for a regulation Recital 83 (83) During the transitional period, it should be ensured that the FADO system is fully operational until the transfer is
Amendment 348 #
Proposal for a regulation Recital 83 a (new) (83 a) The Agency processes personal data of persons who are suspected of involvement in cross-border crime (e.g. migrant smuggling, trafficking in human beings or terrorism) as well as personal data of persons who cross the external borders without authorisation collected by the Agency's teams. The Agency experiences difficulties in monitoring illegal activities of persons and criminal groups involved in cross-border crime, including terrorism, due to the short storage period of personal data of only 90 days as provided for in Regulation (EU) 2016/1624. In practice, after 91 days, the personal data that was already processed by the Agency is deleted and only appears as anonymised data in the results of risk analyses. That demonstrates the need for specific legal framework for the Agency to process and retain personal data in order to fulfil its tasks of prevention and detection of cross-border crime, such as migrant smuggling, trafficking inhuman beings and terrorism and analysis of the risks for internal security and analysis of the threats that might affect the functioning or security of the external borders and in order to share information with Europol and law enforcement authorities of the Member States.
Amendment 349 #
Proposal for a regulation Recital 85 Amendment 350 #
Proposal for a regulation Recital 85 (85) In the context of return it
Amendment 351 #
Proposal for a regulation Recital 86 Amendment 352 #
Proposal for a regulation Recital 86 (86) In order to properly implement its tasks in the area of return, including by assisting Member States in the proper implementation of return procedures and successful enforcement of return decisions, as well as to facilitate return operations, the Agency may need to transfer personal data of returnees to third countries. The third countries of return are not often subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679, or under Article 36 of Directive (EU) 2016/680, and have often not concluded
Amendment 353 #
Proposal for a regulation Recital 87 (87) This Regulation should respect
Amendment 354 #
Proposal for a regulation Recital 88 Amendment 355 #
Proposal for a regulation Recital 88 Amendment 356 #
(88) This Regulation should establish a complaints mechanism for the Agency in cooperation with the fundamental rights officer and with the EU Ombudsman, to safeguard the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The fundamental rights officer should review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the executive director, forward complaints concerning members of the teams to the home Member State and EU Ombudsman, and register the follow-up by the Agency or that Member State. The mechanism should be effective, ensuring that complaints are properly followed up. The complaints mechanism should be without prejudice to access to administrative and judicial remedies and not constitute a requirement for seeking such remedies. Criminal investigations should be conducted by the Member States. In order to increase transparency and accountability, the Agency should report on the complaints mechanism in its annual report. It should cover in particular the number of complaints it has received, the types of fundamental rights violations The Fundamental Rights Officer should be independent as regards technical and operational matters and have administrative and financial autonomy. The fundamental rights officer shall be provided with the resources and staff with the skills and seniority commensurate to the expansion of activities and powers of the Agency and necessary to enable him or her to effectively perform the variety of tasks in accordance with this Regulation. Any regular or extraordinary assignment of staff to the Agency must be accompanied with the proportional allocation of staff to support the fundamental rights officer involved, the operations concerned and, where possible, the follow-up measures taken by the Agency and Member States. The Fundamental Rights Officer should have access to all information concerning respect for fundamental rights in relation to all the activities of the Agency.
Amendment 357 #
Proposal for a regulation Recital 88 (88) This Regulation should establish a complaints mechanism for the Agency in cooperation with the fundamental rights officer, to safeguard the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The fundamental rights officer should review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the executive director, forward complaints concerning members of the teams to the home Member State, and register the follow-up by the Agency or that Member State. The mechanism should be effective, ensuring that complaints are properly followed up. The complaints mechanism should be without prejudice to access to
Amendment 358 #
Proposal for a regulation Recital 88 (88) This Regulation should establish an independent complaints mechanism for the Agency in cooperation with the fundamental rights officer, to safeguard the respect for fundamental rights in all the activities of the Agency. This should be an independent administrative mechanism whereby the
Amendment 359 #
(90) The Commission and the Member States should be represented within a management board to exercise oversight over the Agency. The management board should, where possible, consist of the operational heads of the national services responsible for border guard management or their representatives. The parties represented in the management board should make efforts to limit turnover of their representatives in order to ensure continuity of the management board's work. The management board should be entrusted with the necessary powers to establish the Agency's budget, verify its execution, adopt appropriate financial rules, establish transparent working procedures for decision-making by the Agency and appoint the executive director and three deputy executive directors each of whom could be assigned responsibilities in a certain field of competences of the Agency
Amendment 360 #
Proposal for a regulation Recital 90 (90) The Commission and the Member States should be represented within a management board to exercise oversight over the Agency. The European Parliament should be represented as observer within the management board to exercise public scrutiny over the Agency. The management board should, where possible, consist of the operational heads of the national services responsible for border guard management or their representatives. The parties represented in the management board should make efforts to limit turnover of their representatives in order to ensure continuity of the management board's work. The management board should be entrusted with the necessary powers to establish the Agency's budget, verify its execution, adopt appropriate financial rules, establish transparent working procedures for decision-making by the Agency and appoint the executive director and three deputy executive directors each of whom could be assigned responsibilities in a certain field of competences of the Agency, such as managing the European Border and Coast Guard standing Corps, overseeing the Agency’s tasks regarding returns or managing the involvement in the large scale IT systems. The Agency should be governed and operated taking into account the principles of the common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the Commission.
Amendment 361 #
Proposal for a regulation Recital 91 (91) In order to guarantee the autonomy of the Agency, it should be granted a stand- alone budget with a revenue which comes mostly from a contribution from the Union. The Agency's budget should be prepared in accordance with the principle of performance-based budgeting, taking into account the Agency's objectives and the expected results of its tasks. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.
Amendment 362 #
Proposal for a regulation Recital 92 Amendment 363 #
Proposal for a regulation Recital 92 Amendment 364 #
Proposal for a regulation Recital 93 Amendment 365 #
Proposal for a regulation Recital 98 (98) Any processing of personal data by the Agency within the framework of this Regulation should be conducted in accordance with Regulation (E
Amendment 366 #
Proposal for a regulation Recital 98 (98) Any processing of personal data by the Agency within the framework of this Regulation should be conducted in accordance with Regulation (E
Amendment 367 #
Proposal for a regulation Recital 99 Amendment 368 #
Proposal for a regulation Recital 101 Amendment 369 #
Proposal for a regulation Recital 101 Amendment 370 #
Proposal for a regulation Recital 101 Amendment 371 #
Proposal for a regulation Recital 101 Amendment 372 #
Proposal for a regulation Recital 113 a (new) (113 a)As regards Bulgaria, Romania and Croatia, this Regulation constitutes a development of the Schengen acquis in which these Member States take part in accordance with their Accession Treaties. Bulgaria, Romania and Croatia therefore take part in the adoption of this Regulation and are bound by it and subject to its application.
Amendment 373 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a European Border and Coast Guard to ensure European Integrated Border Management at the external borders with a view to managing the
Amendment 374 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a European Border and Coast Guard to ensure European Integrated Border Management at the external borders with a view to managing the crossing of those external borders efficiently
Amendment 375 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a European Border and Coast Guard to
Amendment 376 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a European Border and Coast Guard to ensure European Integrated Border Management at the external borders with a view to managing the crossing of those external borders efficiently, as well as increasing the efficiency of the common return policy
Amendment 377 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a European Border and Coast Guard to ensure European Integrated Border Management at the external borders with a view to managing the crossing of those external borders efficiently, as well as increasing the efficiency of the common return policy as a key component of sustainable m
Amendment 378 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a European Border and Coast Guard to ensure European Integrated Border Management at
Amendment 379 #
Proposal for a regulation Article 1 – paragraph 2 The Regulation addresses
Amendment 380 #
Proposal for a regulation Article 1 – paragraph 2 The Regulation addresses migratory challenges, including return, and potential future threats at those borders
Amendment 381 #
Proposal for a regulation Article 1 – paragraph 2 The Regulation addresses
Amendment 382 #
Proposal for a regulation Article 1 – paragraph 2 The Regulation addresses
Amendment 383 #
Proposal for a regulation Article 1 – paragraph 2 The Regulation addresses
Amendment 384 #
Proposal for a regulation Article 1 – paragraph 2 The Regulation addresses migratory challenges
Amendment 385 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘external borders’ means the external borders of the EU as defined in point 2 of Article 2 of Regulation (EU) 2016/399, to which Title II of that Regulation applies;
Amendment 386 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘situational picture’ means an aggregation of geo-referenced near-real- time data and information received from different authorities, sensors, platforms and other sources, which is transmitted across secured communication and information channels and can be processed and selectively displayed and shared with other relevant authorities in the EU in order to achieve situational awareness and support the reaction capability at, along or in proximity of the external borders and the pre-frontier area;
Amendment 387 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 (12) ‘cross-border crime’ means any serious crime with a cross-border dimension resulting from the nature or impact of such offences committed or attempted to be committed at, along or in the proximity of, the external borders; these areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.
Amendment 388 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 (12) ‘cross-border crime’ means any serious crime with a cross-border dimension committed
Amendment 389 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 Amendment 390 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 Amendment 391 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 a (new) (13 a) Neighbouring country means a country which shares a common land border with one or more Member States and which have ratified and implemented in full the European Convention on Human Rights and the 1951 Convention Relating to the Statues of Refugees and the 1967 Protocol thereto
Amendment 392 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘incident’ means a situation relating to i
Amendment 393 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘incident’ means a situation relating to i
Amendment 394 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘incident’ means a situation relating to i
Amendment 395 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘incident’ means a situation relating to
Amendment 396 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 (16) ‘operational staff'
Amendment 397 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 (16) ‘operational staff' means border guards, return escorts, return specialists and other relevant staff constituting the "European Border and Coast Guard standing corps". In accordance with the three categories defined under Article 55(1), operational staff is either employed by the European Border and Coast Guard Agency as statutory staff (category 1), seconded to the Agency by the Member States (category 2) or provided for short term deployment by the Member States (category 3). Operational staff is to act as members of border management teams, migration management support teams or return teams
Amendment 398 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 (17) ‘border management teams’ means teams
Amendment 399 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 (18) ‘member of the teams’ means a member
Amendment 400 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 Amendment 401 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 (19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas or in controlled centres, composed of operational staff from the European Border and Coast Guard standing corps, experts deployed by the [the European Union Agency for Asylum], and from Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies as well as from Member States;
Amendment 402 #
(19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States,
Amendment 403 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 (19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas
Amendment 404 #
(19) ‘immigration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas or in controlled centres, composed of operational staff from the European Border and Coast Guard standing corps, experts deployed by the [the European Union Agency for Asylum], and from Europol, or other relevant Union agencies as well as from Member States; (Linguistic amendment which applies throughout the text)
Amendment 405 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 (19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas
Amendment 406 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 (19)
Amendment 407 #
Proposal for a regulation Article 2 – paragraph 1 – point 20 (20) ‘host Member State’ means a Member State in which a joint operation
Amendment 408 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 (21) ‘home Member State’ means the Member State from which a staff member is
Amendment 409 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 (22) ‘participating Member State’ means a Member State which participates in a joint operation
Amendment 410 #
Proposal for a regulation Article 2 – paragraph 1 – point 23 Amendment 411 #
Proposal for a regulation Article 2 – paragraph 1 – point 23 (23) ‘hotspot area’ means an area
Amendment 412 #
Proposal for a regulation Article 2 – paragraph 1 – point 24 Amendment 413 #
Proposal for a regulation Article 2 – paragraph 1 – point 24 Amendment 414 #
Proposal for a regulation Article 2 – paragraph 1 – point 24 Amendment 415 #
Proposal for a regulation Article 2 – paragraph 1 – point 24 Amendment 416 #
Proposal for a regulation Article 2 – paragraph 1 – point 24 Amendment 417 #
Proposal for a regulation Article 2 – paragraph 1 – point 25 Amendment 418 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 Amendment 419 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 (26) ‘return decision’ means
Amendment 420 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 Amendment 421 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 (27) ‘returnee’ means an illegally staying third-country national who is the subject of a return decision
Amendment 422 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 (27) ‘returnee’ means an illegally staying third-country national who is the subject of a return decision
Amendment 423 #
Proposal for a regulation Article 2 – paragraph 1 – point 28 Amendment 424 #
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