2023/2087(INI) | [ParlTrack]

Draft opinion
Paragraph 1

1. SuOpportses the ongoing negotiations between the EU and Mauritania onfor the ~~establishment of a status agreement that provides for Frontex deployment in Mauritania~~deployment of Frontex means to that third country; nNotes~~, however,~~ that a status agreement between the EU and Mauritania can only be established under the condition that it enshrines and adheres to strict fundamental human rights ~~guarantees~~conditions, including a clear human rights clause and guarantees of accountability concerning human rights violations of Mauritanian authorities and Frontex in all their activities related to migration and asylum in Mauritania and in the EU;

Amendment 10 #

Draft opinion
Paragraph 1 a (new)

1a. Opposes the policy of externalising EU borders, points out that on the "West Euro-African" border between 2018 and 2022, 7 865 people from 31 different countries, including 1 273 women and 383 children, would have died trying to reach the Spanish coasts of the Canary Islands in wooden canoes and dented rubber dinghies – an average of 6 victims every day and that it is one of the most dangerous migratory routes and deadliest in the world, is indignant at the fact that Frontex is participating, with military means, in the construction of walls in Mauritania, by moving the European border towards the Mauritanian coast;

Amendment 11 #

Draft opinion
Paragraph 1 a (new)

1a. Is very concerned about the human rights situation in Mauritania, especially for migrants and refugees; stresses in this context the importance of working with human rights organisations and NGOs to get a full picture of the human rights situation in the country;

Amendment 12 #

Draft opinion
Paragraph 1 a (new)

1a. Calls for the inclusion of an adequate human rights monitoring mechanism of Frontex activities in all Frontex missions through the deployment of Frontex’s Fundamental Rights Monitors in third countries and clear commitments to transparency and information sharing of Frontex activities;

Amendment 13 #

Draft opinion
Paragraph 1 b (new)

1b. Calls for the inclusion of an adequate human rights monitoring mechanism of Frontex activities in all Frontex missions through the deployment of Frontex’s Fundamental Rights Monitors in third countries and clear commitments to accountability, transparency and information sharing of Frontex activities;

Amendment 14 #

Draft opinion
Paragraph 2

~~2. Calls on the Commission and the Fundamental Rights Officer to conduct an independent assessment of the human rights situation in Mauritania as regards the treatment of migrants and refugees;~~deleted

Amendment 15 #

Draft opinion
Paragraph 2

Amendment 16 #

Draft opinion
Paragraph 2

2. Calls on the Commission ~~and the Fundamental Rights Officer~~ to conduct an independent assessment of the human rights situation in Mauritania as regards the treatment of migrants and refugees before advancing in the negotiations with Mauritania, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards;

Amendment 17 #

Maria ARENA

Draft opinion
Paragraph 2

Amendment 18 #

Draft opinion
Paragraph 2

Amendment 19 #

Draft opinion
Paragraph 2

2. Calls on the Commission and the Fundamental Rights Officer to conduct an independent assessment of the ~~human~~fundamental rights situation in Mauritania ~~as regards~~relevant to the tarea~~tment of migrants and refugees~~s covered by the status agreement;

Amendment 2 #

Draft opinion
Paragraph 1

1. ~~Supports the ongoing negotiations between the EU and Mauritania on the establishment of a status agreement~~Notes that a status agreement can only be established under the condition that it strictly adheres to thate provides for Frontex deployment in Mauritania; notes, however, that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guaranteestection of fundamental rights and personal data, the principle of non-refoulement, the prohibition of arbitrary detention and the prohibition of torture and inhuman or degrading treatment or punishment, as enshrined in Article 73(2) of Regulation (EU) 2019/1896;

Amendment 20 #

Draft opinion
Paragraph 2

2. Calls on the Commission and the Fundamental Rights Officer to conduct an thorough and independent assessment of the human rights situation in Mauritania as regards the treatment of migrants and refugees;

Amendment 21 #

Draft opinion
Paragraph 2

2. Calls on the Commission and the Fundamental Rights Officer to conduct an independent assessment of the human rights situation in Mauritania as regards the treatment of migrants and refugees and inform the European Parliament without delay;

Amendment 22 #

Draft opinion
Paragraph 3

~~3. Maintains that the launch of Frontex operational activities under a status agreement should promote fundamental human rights and EU values;~~deleted

Amendment 23 #

3. Maintains that the launch of Frontex operational activities under a status agreement should ~~promote fundamental human rights and EU values~~aim to ensure Europe's security against mass immigration, criminality, trafficking and terrorism;

Amendment 24 #

Draft opinion
Paragraph 3

3. ~~Maintains~~Underlines the fact that the launch of Frontex operational activities under a status agreement ~~should~~does not promote fundamental human rights and EU values; further underlines that the Frontex agency and several of its members are still under investigation by OLAF and ask therefore for the dissolution of this agency;

Amendment 25 #

Draft opinion
Paragraph 3

3. ~~Maintain~~Reiterates that the launch of Frontex operational activities under a status agreement should ~~promote fundamental human rights and EU values;~~ fully respect and promote human rights, including with regard to the protection of personal data, the principle of non-refoulement, the prohibition of arbitrary detention and the prohibition of torture and inhumane or degrading treatment or punishment;

Amendment 26 #

Draft opinion
Paragraph 3

3. Maintains that the launch of Frontex operational activities under a status agreement sh~~ould promote~~all respect, promote and strengthen fundamental human rights and EU values;

Amendment 27 #

Draft opinion
Paragraph 3

3. Maintains that the launch of Frontex operational activities under a status agreement should ~~promote~~ensure the respect of fundamental ~~human~~ rights ~~and EU value~~during these operations;

Amendment 28 #

Draft opinion
Paragraph 3

3. Maintains that the launch of Frontex operational activities under a status agreement should promote fundamental human rights and EU values; considers that any status agreement providing for Frontex operations in third countries should integrate this aspect into their mission;

Amendment 29 #

Draft opinion
Paragraph 4

4. ~~Considers~~Is concerned that the immunity granted to Frontex staff members for their activities in Mauritania may exacerbate the agency's lack of accountability, as Frontex is still under charge both for its lack of transparency, including workplace harassment, mismanagement, and financial irregularities, and for its involvement in illegal pushbacks of asylum seekers and migrants at the EU's external borders; considers necessary that Frontex staff who are granted immunity for their activities in Mauritania must continue to be held accountable under EU or Member State law;

Amendment 3 #

Maria ARENA

Draft opinion
Paragraph 1

Amendment 30 #

4. Considers that ~~Frontex staff who are granted immunity for their activiti~~sound mechanisms must be established in order to hold Frontex staff deployed in Mauritania accountable under EU or Member State law; calls in this regard for a review of the current provisions on immunity in the Model Status Agreement; calls on the Executive Director to adopt guidelines ion ~~Mauritania must continue to be held accountable under EU or Member State law~~the mandatory waiving of immunity for deployed staff, specifying how requests from the third-country authorities will be dealt with, as well as enshrining a strong role for the Fundamental Rights Officer; calls for the deployment of standing corps officers to be conditional on these guidelines;

Amendment 31 #

Draft opinion
Paragraph 4

4. Considers that ~~Frontex staff who are granted immunity for their activities in Mauritania must continue to be held accountable under EU or~~the immunity of members of Frontex from the jurisdiction of Mauritania shall not exempt them from the jurisdictions of the respective home Member State ~~law~~s;

Amendment 32 #

Draft opinion
Paragraph 4

4. Considers that Frontex staff ~~who ar~~shall be granted immunity for their activities in Mauritania ~~must continue to be held accountable under EU or Member State law~~;

Amendment 33 #

Draft opinion
Paragraph 4

4. Considers that Frontex staff who are granted immunity for their activities in Mauritania ~~must~~, will continue to be held accountable under EU or Member States’ law; calls for clear, swift and efficient mechanisms to ensure that Frontex staff are held accountable for any participation, including by neglect, in violations of human rights of migrants and refugees of Mauritania and crossing Mauritania;

Amendment 34 #

Draft opinion
Paragraph 4

4. Considers that Frontex staff who are granted immunity for their activities in Mauritania must continue to be held accountable under EU or Member State law; considers that Frontex staff should not only avoid complicity in human rights violations by Mauritanian security forces, but should actively denounce such actions;

Amendment 35 #

Draft opinion
Paragraph 4

4. Considers that Frontex staff who are granted immunity for their activities in Mauritania must continue to be held accountable under EU or Member State law; recalls the legal responsibility of Frontex to respect and to guarantee human rights;

Amendment 36 #

Draft opinion
Paragraph 5

5. Calls for clear guidelines ~~and training~~, prepared in consultation with experts and civil society organisations, and training, including human rights training, to be provided to Frontex staff deployed in Mauritania;

Amendment 37 #

Draft opinion
Paragraph 5

5. Calls for clear ~~guidelines and~~human rights guidelines to be established and for training to be provided to Frontex staff deployed in Mauritania as well as to the Mauritanian border guards;

Amendment 38 #

Draft opinion
Paragraph 5

5. Calls for clear guidelines and human rights training to be provided to Frontex staff deployed in Mauritania;

Amendment 39 #

Draft opinion
Paragraph 5

5. Calls for clear guidelines and training to be provided to Frontex staff deployed in Mauritania including the establishment of a better understanding of and sensibility for the regional and Mauritanian human rights situation and legal framework as well as of international human rights and humanitarian laws and standards;

Amendment 4 #

Draft opinion
Paragraph 1

1. Supports the ongoing negotiations between the EU and Mauritania on the establishment of a status agreement that provides for Frontex deployment in Mauritania; ~~notes, however, that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guarantees;~~

Amendment 40 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission to provide training to Mauritanian authorities on fundamental rights and the rights and obligations of Mauritanian staff in search and rescue operations, asylum processing and management;

Amendment 41 #

Draft opinion
Paragraph 6

~~6. Calls for the establishment of a robust complaint mechanism that is publicly accessible and for an incident reporting mechanism for Frontex activities;~~deleted

Amendment 42 #

Draft opinion
Paragraph 6

6. Calls for the establishment of a ~~robust complaint mechanism that is publicly accessible and for an in~~n efficident ~~report~~complaingt mechanism ~~for Frontex activities~~;

Amendment 43 #

Draft opinion
Paragraph 6

6. Calls for the establishment of a robust and efficient complaint mechanism that is publicly accessible and ~~for an~~a consequent incident reporting mechanism ofor Frontex activities;

Amendment 44 #

Draft opinion
Paragraph 6

6. Calls for the establishment of a robust complaint mechanism that is independent and publicly accessible and for an incident reporting mechanism for Frontex activities;

Amendment 45 #

Draft opinion
Paragraph 6

6. Calls for the establishment of a robust complaint mechanism that is publicly accessible and for an incident reporting mechanism for Frontex activities to ensure an effective remedy for people impacted by Frontex actions;

Amendment 46 #

Draft opinion
Paragraph 6

6. Calls for the establishment of a robust complaint mechanism that is publicly accessible and for an incident reporting mechanism for Frontex activities; considers that this incident reporting mechanism should guarantee the anonymity and confidentiality of individuals reporting on Frontex activities, that infringe on international humanitarian law or violate human rights;

Amendment 47 #

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission and Frontex to establish mechanisms for persons potentially affected by the Agency’s action on the territory of the third country to effectively seek remedy through external bodies, such as the Court of Justice of the European Union and the Ombudsman;

Amendment 48 #

Draft opinion
Paragraph 6 a (new)

6a. Calls on the EU to provide additional capacity building support to Mauritanian national and civil society human rights organisations; calls on Mauritania to ensure the independence of its judicial and human rights institutions;

Amendment 49 #

Draft opinion
Paragraph 7

~~7. Calls for the inclusion of an adequate human rights monitoring mechanism for Frontex activities carried out under all Frontex missions in third countries;~~deleted

Amendment 5 #

Draft opinion
Paragraph 1

1. Supports the ongoing negotiations between the EU and Mauritania on the establishment of a status agreement that provides for Frontex deployment in Mauritania; notes~~, however, that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guarantees~~ that the agreement must respect the local legal framework;

Amendment 50 #

~~7. Calls for the inclusion of an adequate human rights monitoring mechanism for Frontex activities carried out under all Frontex missions in third countries;~~deleted

Amendment 51 #

Draft opinion
Paragraph 7

7. Calls for the inclusion of an adequate ~~human~~fundamental rights monitoring mechanism for Frontex activities carried out under ~~all Frontex missions in third countries~~the status agreement;

Amendment 52 #

Draft opinion
Paragraph 7

7. Calls for the inclusion of a~~n adequate~~ strong independent human rights monitoring mechanism for Frontex activities carried out under all Frontex missions in third countries;

Amendment 53 #

Draft opinion
Paragraph 7

7. Calls for the inclusion of an adequate human rights monitoring mechanism for Frontex activities carried out under all Frontex missions in third countries with a strong role of the Fundamental Rights Officer;

Amendment 54 #

Draft opinion
Paragraph 7 a (new)

7a. Is of the opinion that any Frontex deployment of personnel to Mauritania and the conduct of operational activities with Mauritanian security forces can only take place where guarantees for adequate human rights protection can be ensured for migrants and asylum seekers throughout the entire process of their application or return;

Amendment 55 #

Draft opinion
Paragraph 7 b (new)

7b. Deplores and strongly condemns the repeated practice by Mauritanian border guards and security staff of pushbacks and refoulement of migrants and asylum seekers;

Amendment 56 #

Draft opinion
Paragraph 7 c (new)

7c. Reiterates and underlines that Frontex should not take part in any form of pushbacks and should publicly denounce such practices when observed or made aware;

Amendment 57 #

Draft opinion
Paragraph 8

8. Considers that the ~~EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with the Mauritanian authorities in the event of persi~~cooperation between the EU and Mauritania is of key importance to secure the Union's borders and should be stren~~t human rights violations~~gthened;

Amendment 58 #

Draft opinion
Paragraph 8

8. ~~Considers that the EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with the Mauritanian authorities in the event of persistent human rights viola~~EU and Frontex shall step up the fight against illegal migration and asylum fraud with the Mauritanian authorities and ensure prompt and vigorous actions;

Amendment 59 #

Draft opinion
Paragraph 8

8. Considers that ~~the EU and~~ Frontex should suspend their activities ~~on migration and asylum~~ carried out in cooperation with the Mauritanian authorities ~~in the event of persistent~~under the status agreement in the event of confirmed severe and repeated human rights violations;

Amendment 6 #

Gabriel MATO, Francisco José MILLÁN MON, Javier ZARZALEJOS, Leopoldo LÓPEZ GIL, Juan Ignacio ZOIDO ÁLVAREZ, Antonio LÓPEZ-ISTÚRIZ WHITE

Draft opinion
Paragraph 1

1. ~~Support~~Acknowledges the ongoing negotiations between the EU and Mauritania on the establishment of a status agreement that provides for Frontex deployment in Mauritania; ~~notes, however,~~insists that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guarantees;

Amendment 60 #

Draft opinion
Paragraph 8

8. Considers that the EU and Frontex should ~~suspend~~only consider the suspension of their activities on migration and asylum carried out in cooperation with the Mauritanian authorities in the event of persistent serious human rights violations;

Amendment 61 #

Draft opinion
Paragraph 8

8. ~~Considers~~Is convinced that the EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with the Mauritanian authorities in the event of ~~persistent~~human rights violations; calls for clear benchmarks for suspending the status agreement or for suspending specific activities that contribute directly or indirectly to human rights ~~violations~~abuse;

Amendment 62 #

Draft opinion
Paragraph 8

8. Considers that the EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with the Mauritanian authorities in the event of ~~persistent human rights violations~~violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist, in line with Article 46(4) of Regulation (EU) 2019/1896;

Amendment 63 #

Draft opinion
Paragraph 8

8. Considers that the EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with the Mauritanian authorities in the event of persistent human rights violations, as set out under ICC standards;

Amendment 64 #

Draft opinion
Paragraph 8 a (new)

8a. Condemns the fact that a large part of European development aid is now conditioned on the fight against irregular migration; regrets that the majority of EU Member States have not achieved the target of devoting 0.7 % of their GNI to official development aid and that some have even lowered their percentage of development aid; insists that the aid provided by the EU and its Member States be carried out in full transparency and under parliamentary scrutiny; firmly opposes any subordination of this aid to migration, security or structural adjustment policies;

Amendment 65 #

Draft opinion
Paragraph 8 a (new)

8a. Is concerned about the absence of asylum legislation in Mauritania, as well as the fact that same-sex activity is currently illegal in the country;

Amendment 66 #

Draft opinion
Paragraph 9

~~9. Is highly concerned about Mauritania’s human rights track record, most notably its violations committed between 2020 and 2023;~~deleted

Amendment 67 #

Draft opinion
Paragraph 9

9. ~~Is highly concerned about~~Welcomes Mauritania’'s ~~human rights track record, most notably its violations committed between 2020 and 2023~~initiative to cooperate with Frontex in order to secure Europe against mass immigration, trafficking, criminality and terrorism;

Amendment 68 #

Draft opinion
Paragraph 9

9. ~~Is highly concerned~~Takes note about Mauritania’s human rights track record~~, most notably its violations committed between 2020 and 2023~~;

Amendment 69 #

Draft opinion
Paragraph 9

9. Is highly concerned about Mauritania’s human rights track record, ~~most notably its violations committed between 2020 and 2023~~including systemic and serious human rights violations such as refoulement, arbitrary arrests and detention, (gender- based) violence, including cases of torture, exploitation, abusive detention conditions, extortion and theft, and abusive collective expulsions; is concerned about the existence of de facto slavery practices in the country;

Amendment 7 #

Draft opinion
Paragraph 1

1. Supports the ongoing negotiations between the EU and Mauritania on the establishment of a status agreement that provides for Frontex deployment in Mauritania; notes, however, that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guarantees; calls on the European Commission to respect the right to leave a country, whether it is one's country of citizenship or current presence, guaranteed in Article 2 of Protocol No. 4 to the European Convention on Human Rights, which is a prerequisite to the enjoyment of numerous other fundamental rights, such as the right to seek and enjoy asylum and the prohibition of torture, inhuman or degrading treatment or punishment; to refrain from making development aid and assistance to Mauritania contingent upon its ability to control its borders and its willingness to prevent people from emigrating; and to open legal pathways for people to reach Europe in a safe and sustainable way;

Amendment 70 #

Draft opinion
Paragraph 9

9. Is highly concerned about Mauritania’s and their security forces’ human rights track record, most notably its violations committed between 2020 and 2023 while enforcing migration and border controls, including documented cases of violence and some of torture, arbitrary arrest and detention, prolonged pre-trial detention of people accused of migrant smuggling, abusive detention conditions, extortion and theft, abusive collective expulsions and trafficking into slavery;

Amendment 71 #

Draft opinion
Paragraph 9 a (new)

9a. Is concerned by the reported misuse of EU material support by the Mauritanian security forces for migration control purposes; calls for the comprehensive monitoring of the use of material support to Mauritanian authorities and that Frontex funding or material support do not contribute to human rights violations in Mauritania;

Amendment 72 #

Draft opinion
Paragraph 9 a (new)

9a. Considers that the deployment of Frontex officers with executive powers in Mauritania entails a high risk of becoming complicit in serious and most likely persistent violations of fundamental rights or international protection obligations;

Amendment 73 #

Draft opinion
Paragraph 9 b (new)

9b. Calls on the Commission to support local civil society organisations that protect and promote the rights of migrants, as well as to fund the civil society monitoring of the cooperation of the Mauritanian authorities with Frontex;

Amendment 74 #

Draft opinion
Paragraph 10 – introductory part

10. Calls for the inclusion of the following points in the status agreement, before seeking formal consent of the European Parliament:

Amendment 75 #

Draft opinion
Paragraph 10 – point a

(a) ~~There will be no excessive d~~Detention of migrants and asylum seekers must be mandatory for their safety and comfort and detention centres will be up to the local standard;

Amendment 76 #

Draft opinion
Paragraph 10 – point a

(a) ~~There will be no excessive~~Frontex will work with and support local authorities to ensure that there will be no arbitrary detention of migrants and asylum seekers and detention centres will be up to standard;

Amendment 77 #

Draft opinion
Paragraph 10 – point a

(a) There will be no ~~excessive~~ detention of migrants and asylum seekers and detention centres will ~~be up to~~fulfil human rights standards;

Amendment 78 #

Draft opinion
Paragraph 10 – point a

(a) There will be no excessive or arbitrary detention of migrants and asylum seekers and detention centres will be up to standard;

Amendment 79 #

Draft opinion
Paragraph 10 – point b

~~(b) Interrogations will only occur where deemed necessary; torture under any form is actively prosecu~~deleted;

Amendment 8 #

Draft opinion
Paragraph 1

Amendment 80 #

Draft opinion
Paragraph 10 – point b

~~(b) Interrogations will only occur where deemed necessary; torture under any form is actively prosecu~~deleted;

Amendment 81 #

Draft opinion
Paragraph 10 – point b

(b) Interrogations will o~~nly occur where deemed necessar~~ccur routinely; torture under any form is actively prosecuted;

Amendment 82 #

Draft opinion
Paragraph 10 – point b

(b) Interrogations will only occur where deemed necessary; torture under any form is actively prosecuted and heavily punished;

Amendment 83 #

Draft opinion
Paragraph 10 – point c

~~(c) Safeguards against corruption are established and consequently implemented by Frontex governance and by the Mauritanian authorities;~~deleted

Amendment 84 #

Draft opinion
Paragraph 10 – point d

(d) Frontex ~~will not engage in pushbacks and will not use violent measures to influence migration flows~~shall support the local institutions with upholding the integrity of the national border;

Amendment 85 #

Draft opinion
Paragraph 10 – point d

(d) Frontex will ~~not~~under no circumstances engage in pushbacks and ~~will not use violent measures to influence migration flow~~other fundamental rights violations and will not use measures to influence migration flows and to suspend EU funding or provision of any material support (equipment, vessels, etc.) to the Mauritanian security forces – police, gendarmes, navy, coast guard – for migration control purposes;

Amendment 86 #

Draft opinion
Paragraph 10 – point d

(d) Frontex will ~~not~~continue not to engage in pushbacks and ~~will~~ not to use violent measures to influence migration flows;

Amendment 87 #

Draft opinion
Paragraph 10 – point e

(e) EU funding will be disbursed transparently. with human rights impact assessments to be conducted prior to disbursement and strong monitoring during implementation;

Amendment 88 #

Draft opinion
Paragraph 10 – point e

(e) ~~EU funding~~The Member States funding, administered by the EU, will be disbursed transparently.

Amendment 89 #

Draft opinion
Paragraph 10 – point e a (new)

(ea) Explicit safeguards are established in order to allow deployed officers to disregard orders issued by the third country’s authorities that contradict the Agency’s fundamental rights obligations and/or that derive from EU and international law;

Amendment 9 #

Draft opinion
Paragraph 1

Amendment 90 #

Draft opinion
Paragraph 10 – point e a (new)

(ea) Frontex activities will be documented in a transparent manner;

Amendment 91 #

Draft opinion
Paragraph 10 – point e b (new)

(eb) Provisions in the agreement will refer to the need for Mauritanian authorities to respect fundamental rights during operations, including robust measures that will ensure accountability in the event of violations;

Amendment 92 #

Draft opinion
Paragraph 10 a (new)

10a. Maintains that development cooperation and efforts to tackle the root causes of migration should remain a priority in EU-Mauritania cooperation on migration;

Amendment 93 #

Draft opinion
Paragraph 10 a (new)

10a. Calls on the EU and its Member States to provide humanitarian visas to those at risk in Mauritania;

Amendment 94 #

Draft opinion
Paragraph 10 b (new)

10b. Calls on the EU and its Member States to facilitate family reunification of Mauritanian families in the EU;

Amendment 95 #

Draft opinion
Paragraph 10 c (new)

10c. Calls on the EU and its Member States to ensure international protection for Mauritanian migrants and refugees in the EU, in accordance with international law;

Amendment 96 #

Draft opinion
Paragraph 10 d (new)

10d. Calls on the EU and its Member States to ensure that Mauritanian migrants and refugees in their territories are protected, adequately assisted, and allowed to apply for asylum;

Amendment 97 #

Draft opinion
Paragraph 10 e (new)

10e. Calls on the Member States to support the application of the Temporary Protection Directive for Mauritanians seeking international protection;

Amendment 98 #

Draft opinion
Paragraph 10 f (new)

10f. Calls on the EU and its Member States to ensure safe and legal pathways for migrants and refugees leaving or in transit across Mauritania and seeking a better life in the EU;

source: 750.231

2023/07/18 LIBE 154 amendments...

Amendment 1 #

Motion for a resolution
Citation 13 a (new)

– having regard to the EU Action Plan for the Western Mediterranean and Atlantic routes presented by the Commission on 6 June 2023;

Amendment 10 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Recital B b (new)

Bb. whereas the Commission prefers deploying Frontex staff in many of the countries from which the migrants depart rather than funding the physical barriers on the European Union’s external borders that a majority of the Member States are calling for;

Amendment 100 #

Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)

ea. Share regular assessments of joint operational activities with focus on fundamental rights;

Amendment 101 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Paragraph 3 – point 3.1 – point e b (new)

eb. For the Commission and the Agency to at all times uphold the highest standards of humanitarian law and fundamental rights its negotiations and communications on the status agreement with Mauritanian authorities;

Amendment 102 #

Motion for a resolution
Paragraph 3 – point 3.1 – point e b (new)

eb. In case of the signing of a Status Agreement and the establishment of an Operational Plan, ensure independent monitoring of the cooperation in relation to the fundamental rights situation;

Amendment 103 #

Motion for a resolution
Paragraph 3 – point 3.1 – point e b (new)

eb. Keep the European Parliament fully and regularly informed of all steps of the negotiations;

Amendment 104 #

Motion for a resolution
Paragraph 3 – point 3.2

3.2 Frontex a. formalise the role of the Fundamental Rights Officer (FRO) when deciding whether to launch a joint operation in the third country covered by the Status Agreement, and treat the FRO’s opinion as binding; b. ensure that any operational plan establishing operations on the territory of Mauritania should: i. enshrine a formal mechanism for persons (in)directly affected or acting in the public interest, including third country nationals, to address complaints to the Agency about actions of deployed staff in the third country, and include clear provisions on the follow-up and tools of enforcement after complaints are lodged; ii. ensure a Frontex presence in critical areas where the apprehension of migrants is likely to take place, and envisage giving the FRO and Fundamental Rights Monitors full access to the operational area; iii. work closely with the UNHCR during operations in Mauritania in order to guarantee the right to asylum; c. adopt guidelines on the mandatory waiving of immunity for deployed staff, specifying how requests from the third country authorities will be dealt with, as well as enshrining a strong role for the FRO; make the deployment of standing corps officers conditional on these guidelines; d. explore and establish mechanisms for persons potentially affected by the Agency’s action on the territory of the third country to effectively seek remedy through external bodies, such as the Ombudsman, the Court of Justice of the European Union or a different entity; e. provide fundamental rights training to the authorities as a core component of executive operations in third countries, including with regard to SAR obligations, and work on the improvement of the asylum system;deleted

Amendment 105 #

Motion for a resolution
Paragraph 3 – point 3.2 – point a

a. formalise the role of the Fundamental Rights Officer (FRO) when deciding whether to launch a joint operation in the third country covered by the Status Agreement, and treat the FRO’s opinion as binding;deleted

Amendment 106 #

Motion for a resolution
Paragraph 3 – point 3.2 – point a

a. ~~formalise the role of the Fundamental Rights Officer (FRO) when deciding whethe~~Continue to actively consult the FRO prior to the launch aing of any joint operation ion the territory of a third country covered by the Status Agreement~~, and treat the FRO’s opinion as binding;~~ in line with the requirements of the EBCG Regulation;32a _________________ 32a Frontex already consults with the FRO prior to the launch of any joint operation on the territory of a third country. In addition, it is important that this INI report is in line with the requirements and obligations set on Frontex by the EBCG Regulation.

Amendment 107 #

Jan-Christoph OETJEN, Moritz KÖRNER

Motion for a resolution
Paragraph 3 – point 3.2 – point a

a. formalise the consultation role of the Fundamental Rights Officer (FRO) when deciding whether to launch a joint operation in the third country covered by the Status Agreement, and treat the FRO’s opinion as binding;

Amendment 108 #

Motion for a resolution
Paragraph 3 – point 3.2 – point a

a. formalise the role of the Fundamental Rights Officer (FRO) when deciding whether to launch a joint operation in the third country covered by the Status Agreement~~, and treat the FRO’s opinion as binding~~;

Amendment 109 #

Motion for a resolution
Paragraph 3 – point 3.2 – point a a (new)

aa. Urges Frontex to comply with and adhere to all relevant international conventions, agreements, and standards related to human rights, including but not limited to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Amendment 11 #

Motion for a resolution
Recital C

C. whereas according to Regulation 2019/1896, in which the Commission recommends that the Council authorise it to negotiate a status agreement, it should asses the fundamental rights situation relevant to the areas covered by the status agreement; whereas such an assessment has not been performed yet;deleted

Amendment 110 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Paragraph 3 – point 3.2 – point a a (new)

aa. Keep the Frontex consultative forum on fundamental rights fully informed of the negotiations with Mauritania and consult with them, including the possible organisation of an on-the-spot visit to Mauritania in coordination with the FRO;.

Amendment 111 #

Motion for a resolution
Paragraph 3 – point 3.2 – point a a (new)

aa. Include an adequate human rights monitoring mechanism of Frontex activities in the final Status Agreement;

Amendment 112 #

Motion for a resolution
Paragraph 3 – point 3.2 – point a b (new)

ab. Reiterates that Frontex should establish robust mechanisms to monitor and address any potential violations of the rights and well-being of migrants and refugees in its operations in Mauritania. These mechanisms must include regular monitoring, reporting, and assessment of compliance with human rights standards and the effectiveness of protective measures.

Amendment 113 #

Motion for a resolution
Paragraph 3 – point 3.2 – point a b (new)

ab. enable non-governmental actors, from third countries, where Frontex is active or plans to be active, to apply for Membership in the Frontex Consultative Forum, in light of the increased presence of Frontex in third countries.

Amendment 114 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i

i. enshrine a formal mechanism for persons (in)directly affected or acting in the public interest, including third country nationals, to address complaints to the Agency about actions of deployed staff in the third country, and include clear provisions on the follow-up and tools of enforcement after complaints are lodged;deleted

Amendment 115 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i

i. enshrine a formal mechanism for persons (in)directly affected by the actions or failure to act, or any party representing such persons, or acting in the public interest, including third country nationals or NGOs in third countries, to address complaints to the Agency about actions of deployed staff in the third country, ~~and~~ includeing clear provisions on the follow-up and tools of enforcement after complaints are lodged;

Amendment 116 #

Malik AZMANI, Fabienne KELLER, Olivier CHASTEL

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i

i. ~~enshrine a formal mechanism for persons (in)directly affected or acting in the public interest, including third country nationals, to address complaints to the Agency about actions of~~Include specific strong provisions on the complaints mechanism, including on how complaints are to be addressed to the Agency or the relevant Mauritanian authorities for actions performed by deployed staff in or host staff of the third country, ~~and~~ includeing clear provisions on ~~the~~ follow-up and tools of enforcement after complaints are lodged; 32b _________________ 32b The proposed amendment keeps the obligation to have strong provisions on the complaints mechanism in the operational plan and widening the scope to both the Agency but also to the relevant Mauritanian authorities in line with the Model Status Agreement.

Amendment 117 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i

i. ens~~hrine a formal mechanism for persons (in)directly affected or acting in the public interest, including~~ure that third country nationals, are able to address complaints to the Agency, in accordance with Article 111 of Regulation 2019/1896, about actions of deployed staff in the third country, and ~~include clear provisions~~communicate clearly on the follow-up and tools of enforcement after complaints are lodged;

Amendment 118 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i a (new)

ia. Urges Frontex to establish mechanisms for meaningful consultation and engagement with civil society organizations and relevant stakeholders throughout the planning, implementation, and evaluation of its operations in Mauritania. The consultation and engagement must be guided by the principles of transparency, inclusivity, and respect for diverse perspectives.

Amendment 119 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i b (new)

ib. Recalls the importance to Frontex of conducting regular dialogues with civil society organizations and stakeholders to provide opportunities for their input, expertise, and feedback. These dialogues must aim to inform the design, implementation, and evaluation of Frontex operations, ensuring their alignment with human rights, international standards, and the needs of affected communities.

Amendment 12 #

Motion for a resolution
Recital C

C. whereas ~~according to Regulation 2019/1896, in which the Commission recommends that the Council autho~~on 20 September, Frontex, the European Border and Coast Guard Agency, and Mauritanian authorities opened a risk analysis cell in Nouakchott within the framework of the Africa-Frontex Intelligence Community (AFIC); whereas cooperation between Frontex and 32 African countries in the AFIC community is a key element in fighting cross-border crisme and preventing security t~~o negotiate a status agreement, it should asses the fundamental rights situation relevant to the areas covered by the status agre~~hreats affecting African countries and the EU; whereas currently eight risk analysis cells are part of the AFIC network, which are run by local analysts trained by Frontex, in order to collect and analyse data on cross- border crime and support authorities involved in border management; w~~hereas such an assessment has not been performed yet;~~ith information on illegal border crossings, documenting fraud, trafficking in human beings and other types of cross-border crime.

Amendment 120 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i c (new)

ic. Urges Frontex to establish mechanisms to ensure the systematic dissemination of relevant information and updates to civil society organizations and stakeholders regarding its operations in Mauritania. The information sharing must be transparent, timely, and accessible, allowing for informed contributions and constructive engagement.

Amendment 121 #

Malik AZMANI, Jan-Christoph OETJEN, Fabienne KELLER, Olivier CHASTEL

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i d (new)

id. Insists that Frontex must incorporate the recommendations and insights provided by civil society organizations and stakeholders into its operational strategies, guidelines, and practices in Mauritania. The integration of these recommendations must contribute to more effective, rights-based, and accountable operations.

Amendment 122 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point ii

ii. ~~ensure~~seek, in cooperation with the Mauritanian authorities, a Frontex presence in critical areas where the apprehension of migrants is likely to take place, and envisage giving the FRO and Fundamental Rights Monitors full access to the operational area, in line with the FROs standard operating procedure;

Amendment 123 #

Peter POLLÁK

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point ii

ii. ensure a Frontex presence in critical areas where the apprehension of migrants is likely to take place, and envisage giving the FRO and Fundamental Rights Monitors full access to the operational area; collect and analyse the relevant data with full respect for fundamental rights;

Amendment 124 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point ii

ii. ensure a Frontex presence in critical areas where the apprehension of migrants, violence against migrants or degrading treatment is likely to take place, and envisage giving the FRO and Fundamental Rights Monitors full access to the operational area;

Amendment 125 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point ii

ii. ensure a Frontex presence in critical areas where the apprehension of migrants is likely to take place~~, and envisage giving the FRO and Fundamental Rights Monitors full access to the operational area~~ to ensure that the issue of migration can be managed as well as possible on the spot;

Amendment 126 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point ii

ii. ~~ensure a~~Pursue Frontex presence in critical areas where the apprehension of migrants is likely to take place, and ~~envisage giving the FRO and Fundamental Rights Monitors full acces~~seek full access to the FRO and FRMs to the operational area;

Amendment 127 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point iii

iii. work closely with the ~~UNHCR during operation~~authorities in Mauritania in order to ~~guarantee the right to asylum~~identify any threats, such as mass immigration, criminality and terrorism, and thereby protect the EU Member States and, where necessary, respond to those threats;

Amendment 128 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point iii

iii. work closely with the UNHCR during operations in Mauritania, with a strong UNHCR presence, in order to guarantee the right to asylum;

Amendment 129 #

Motion for a resolution
Paragraph 3 – point 3.2 – point b a (new)

ba. Recalls that Frontex should provide necessary technical assistance and support to Mauritanian authorities to strengthen their capacities in border management and migration control. This assistance may include sharing expertise, providing training materials, and supporting the development of relevant infrastructure and systems.

Amendment 13 #

Motion for a resolution
Recital C

C. whereas according to Regulation 2019/1896, cooperation with third countries is an important element of European integrated border management and it should serve to promote European border management and return standards, to exchange information and risk analysis, and to facilitate the implementation of returns with a view to increasing their efficiency,1c whereas in which the Commission recommends that the Council authorise it to negotiate a status agreement, it should asses the fundamental rights situation relevant to the areas covered by the status agreement; whereas such an assessment has not been performed yet; _________________ 1c Recital 87 of Regulation (EU) 2019/1896

Amendment 130 #

Motion for a resolution
Paragraph 3 – point 3.2 – point c

c. adopt guidelines on the mandatory waiving of immunity for deployed staff, specifying how requests from the third country authorities will be dealt with, as well as enshrining a strong role for the FRO; make the deployment of standing corps officers conditional on these guidelines;deleted

Amendment 131 #

Malik AZMANI, Jan-Christoph OETJEN, Fabienne KELLER, Olivier CHASTEL

Motion for a resolution
Paragraph 3 – point 3.2 – point c

Amendment 132 #

Motion for a resolution
Paragraph 3 – point 3.2 – point c

c. ~~adopt guidelines on the mandatory~~ensure adherence to Frontex rules regarding waiving of immunity for deployed staff, specifying how requests from the third country authorities will be dealt with, as well as enshrining a strong role for the FRO; make the deployment of standing corps officers conditional on these guidelines;

Amendment 133 #

Motion for a resolution
Paragraph 3 – point 3.2 – point c

c. ~~adopt~~comply with guidelines on ~~the mandatory waiving of~~ immunity for deployed staff, specifying how requests from the third -country authorities will be dealt with, a~~s well as enshrining a strong role for the FRO; make the deployment of standing corps officers conditional on these guidelines~~nd bearing in mind that immunity should only be granted with the utmost prudence and proportionality given the major implications for Mauritania’s sovereignty;

Amendment 134 #

Motion for a resolution
Paragraph 3 – point 3.2 – point d

d. explore and establish mechanisms for persons potentially affected by the Agency’s action on the territory of the third country to effectively seek remedy through external bodies, such as the Ombudsman, the Court of Justice of the European Union or a different entity;eleted

Amendment 135 #

Motion for a resolution
Paragraph 3 – point 3.2 – point d

Amendment 136 #

Motion for a resolution
Paragraph 3 – point 3.2 – point d

d. eExplore and establish mechanisms for persons ~~pot~~where fundamential~~ly affect~~ rights violations are alleged by the Agency’s action on the territory of the third country to effectively seek remedy through ~~external bodies, such as the Ombudsman, the Court of Justice of the European Union or a different entity;~~ independent actors, such as the Fundamental Rights Officer;32d _________________ 32d he proposed amendment proposes the FRO to take the role of independent actor in case of fundamental rights violations by the Agency, who could then indicate other independent actors for further handling should this be relevant.

Amendment 137 #

Motion for a resolution
Paragraph 3 – point 3.2 – point d a (new)

da. Sign a Memorandum of Understanding with the third country concerned in order to align complaint mechanisms;

Amendment 138 #

Motion for a resolution
Paragraph 3 – point 3.2 – point d b (new)

db. Make any material support to the border authorities of a third country conditional upon full respect for fundamental rights and ensure monitoring to be in place;

Amendment 139 #

Motion for a resolution
Paragraph 3 – point 3.2 – point d c (new)

dc. Ensure permanent deployment of a Fundamental Rights Monitor to operations in Mauritania in accordance with Regulation 2019/1896;

Amendment 14 #

Malik AZMANI, Fabienne KELLER, Olivier CHASTEL

Motion for a resolution
Recital C a (new)

Ca. Whereas the Model Status Agreement referred to in Article 76(1) of Regulation 2019/1896 is to serve as the basis for the Commission’s negotiations with Mauritania; whereas it establishes a framework for the cooperation between the Agency and its teams on the one hand and the competent authorities of the third country concerned on the other and it should therefore be considered as an umbrella under which several actions could be carried out; whereas it should set out among others the scope of operation, criminal and civil liability, tasks and powers of members of the team ; whereas it shall ensure that fundamental rights are fully respected during those operations and shall provide for a complaints mechanism;1ca _________________ 1ca Article 73 of Regulation (EU) 2019/1896

Amendment 140 #

Motion for a resolution
Paragraph 3 – point 3.2 – point e

e. ~~provide~~consider, in parallel of the implementation of this Status Agreement, conducting fundamental rights training to the authorities as a c~~ore component of executive operation~~apacity building measures in third countries, including with regard to SAR obligations, and work on the improvement of the asylum system;

Amendment 141 #

Motion for a resolution
Paragraph 3 – point 3.2 – point e

e. provide mandatory fundamental rights training to the authorities as a core component of executive operations in third countries, including with regard to SAR obligations, and ~~work~~to the rights onf the ~~improvement of the asylum system~~persons concerned, including legal remedies for appeals;

Amendment 142 #

Motion for a resolution
Paragraph 3 – point 3.2 – point e

e. provide fundamental rights training to the authorities as a core component of executive operations in third countries, including with regard to SAR obligations~~, and work on the improvement of the asylum system~~;

Amendment 143 #

Motion for a resolution
Paragraph 3 – point 3.2 – point e

e. ~~provide fundamental rights training to the authorities as a core component of executive operations in third countries, including with regard to SAR obligations, and work~~In parallel to the implementation of the Status Agreement, Frontex is to provide fundamental rights training to the relevant Mauritanian authorities, including with regard to SAR obligations;32e _________________ 32e A Status Agreement only serves as the legal basis for Frontex to launch a Joint Operation with executive powers on the territory of a third country, as agreed with the third country concerned. Frontex is able to conduct capacity building activities, within its mandate (thus not on the improvement of the asylum system; ), based on other cooperation tools.

Amendment 144 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Paragraph 3 – point 3.2 – point e a (new)

ea. Stresses that Frontex and Mauritanian authorities must engage in joint training programs to enhance the capabilities, skills, and knowledge of personnel involved in operational activities. These training programs must cover areas such as border control techniques, human rights principles, international standards, and best practices in migration management.

Amendment 145 #

Motion for a resolution
Paragraph 3 – point 3.2 – point e a (new)

ea. Include special guidelines for the processing of migrants and asylum seekers of especially vulnerable groups, most notably children, unaccompanied minors, women, LGBTQI+ persons and communities that face targeted violence or discriminatory prosecution in their country of origin;

Amendment 146 #

Motion for a resolution
Paragraph 3 – point 3.2 – point e a (new)

ea. Make any material support to the border authorities of a third country conditional upon full respect for fundamental rights, transparency towards NGOs in third countries and ensure monitoring to be in place;

Amendment 147 #

Motion for a resolution
Paragraph 3 – point 3.2 – point e a (new)

ea. Share periodical evaluations of joint operations in third countries with the European Parliament and Council, including in Mauritania, with a focus on fundamental rights;

Amendment 148 #

Motion for a resolution
Paragraph 3 – point 3.2 a (new)

3.2a Recommends to collaborate with relevant stakeholders, including Mauritanian authorities, environmental organizations, and local communities, to promote environmental preservation and conservation efforts. This collaboration must facilitate knowledge sharing, capacity building, and joint initiatives aimed at achieving sustainable practices within Frontex operations.

Amendment 149 #

Motion for a resolution
Paragraph 3 – point 3.2 b (new)

3.2b Highlights the importance that independent oversight mechanisms should be established to oversee and evaluate Frontex activities in Mauritania. These mechanisms must consist of qualified individuals or bodies with expertise in human rights, migration, and border management, and must operate with impartiality and independence. The oversight mechanisms must conduct regular evaluations, assessments, and investigations to ensure compliance with human rights standards, operational guidelines, and protocols.

Amendment 15 #

Motion for a resolution
Recital C a (new)

Ca. whereas according to the European Council Conclusions from 9 February 2023, the European Union will step up its action to prevent irregular departures and loss of life, to reduce pressure on EU borders and on reception capacities, to fight against smugglers and to increase returns and that this will be done by intensifying cooperation with countries of origin and transit through mutually beneficial partnerships covering all migratory routes, also with adequate resources;

Amendment 150 #

Motion for a resolution
Paragraph 3 – point 3.2 c (new)

3.2c Urges Frontex to maintain transparency and accountability in its operations in Mauritania by regularly reporting on its activities and the measures taken to uphold human rights and international standards.

Amendment 151 #

Motion for a resolution
Paragraph 3 a (new)

3a. Underlines that the cooperation of Frontex with non-EU coutries is key for the comprehensive implementation of the European integrated border management and that by leveraging its expertise and resources, Frontex has become an essential partner in the fight against transnational crime and border protection also for non-EU countries thanks to the status agreements currently in force;

Amendment 152 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Paragraph 3 a (new)

3a. Requests the European Court of Justice to formally assess whether the Status Agreement as negotiated is compatible with the Treaties, as enshrined in Article 218 (11) TFEU, especially related to accountability of the Agency for actions performed on the territory of Mauritania, in light of the significant differences between the legal framework of the EU and Mauritania;

Amendment 153 #

Motion for a resolution
Paragraph 4

4. Instructs its President to forward this recommendation to the Council, the Commission, the European Border and Coast Guard Agency, the signatories to the Cotonou Agreement between the European Union (EU) and the group of African, Caribbean and Pacific (ACP) countries and to the Government of Mauritania.

Amendment 154 #

Motion for a resolution
Paragraph 4

4. Instructs its President to forward this recommendation to the Council, the Commission, the European Border and Coast Guard Agency, its Fundamental Right Officer and to the Government of Mauritania.

Amendment 16 #

Motion for a resolution
Recital C a (new)

Ca. Whereas the Frontex Consultative Forum of fundamental rights called in its report on the fundamental rights implications of the Agency’s engagement with third countries of 21 May 2019 Frontex to carry out an effective fundamental rights impact assessment prior to engaging with a third country;

Amendment 17 #

Ca. Whereas Article 218 (10) TFEU obliges the Commission to immediately and fully inform the Parliament during all stages of the procedure of conclusion a Status Agreement;

Amendment 18 #

Motion for a resolution
Recital C b (new)

Cb. whereas the Commission in its Action Plan for the Western Mediterranean and Atlantic routes commits to promote sustainable and structural solutions to our common migration challenges, based on a comprehensive, whole-of-route approach, which includes a renewed and streghtened action on the external dimension of migration;

Amendment 19 #

Motion for a resolution
Recital C b (new)

Cb. Whereas Article 218 (10) TFEU obliges the Commission to immediately and fully inform the Parliament during all stages of the procedure of negotiations of a Status Agreement;

Amendment 2 #

Motion for a resolution
Citation 14

~~– having regard to its resolution of 19 May 2021 on human rights protection and the EU external migration policy3 , _________________ 3 OJ C 15, 12.1.2022, p. 70.~~deleted

Amendment 20 #

Motion for a resolution
Recital D – introductory part

D. whereas, according to the Model Status Agreement referred to in Article 76(1) of Regulation 2019/1896 :

Amendment 21 #

Motion for a resolution
Recital D a (new)

Da. Whereas Mauritania is primarily a transit and destination country for migration from other West African countries (Senegal, Mali, Guinea, and Guinea Bissau); whereas in last two years there has been a substantial increase in a number of people travelling along the Mauritanian coast to take the Canary Islands migration route; whereas according to the Spanish Commission for Refugee Aid (“CEAR”) route through Mauritania is one of the deadliest in the world, and 2021 marked the highest number of deaths and missing people since data is available; whereas according to the Spanish Ministry of Interior the collaboration that the authorities provide to the detachments of the National Police and the Civil Guard deployed in the area prevent 40 percent of the departures of irregular immigrants to the Canary Islands at the source;

Amendment 22 #

Motion for a resolution
Recital D a (new)

Da. whereas with the resumption of the illegal flows on the Atlantic route in 2019, followed by a sharp increase in 2020, the EU stepped up its engagement with Mauritania, particularly in relation to border management;

Amendment 23 #

Motion for a resolution
Recital D a (new)

Da. Whereas in February 2023, UNHCR reported the presence of 136,350 refugees and asylum seekers in Mauritania;

Amendment 24 #

Motion for a resolution
Recital D b (new)

Db. whereas Mauritania has been identified as a priority country for a closer cooperation with Frontex, in the form of a working arrangement and/or a status agreement focusing on addressing illegal migration through a multi-dimensional response;

Amendment 25 #

Motion for a resolution
Recital E

E. whereas ~~Mauritania has no national legal asylum system in place; whereas the Office of the~~according to United Nations High Commissioner for Refugees (UNHCR) ~~grants de facto protection with the issuance of~~Mauritania has decades-old open-door policy towards refugee ~~card~~s and certificates on the basis of a memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whose cases have not been assessed by the UNHCR; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritaniahosts over 71,000 Malian refugees in the southeast Hodh Chargui region; whereas more than 11,000 refugees and asylum- seekers comprising 40 different nationalities live in Nouakchott and Nouadhibou;

Amendment 26 #

Motion for a resolution
Recital E

E. wWhereas Mauritania has no national legal asylum system in place; whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance of refugee cards and certificates on the basis of a memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whose despite having signed the 1951 Convention relating to the Status of Refugees, its 1967 Protocol and the 1969 OAU Refugee Convention, Mauritania has no national legal asylum system in place; whereas UNHCR grants de facto protection as per the issuance of refugee cards and certificastes have not been assessed by the UNHCR; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritaniaon the basis of a Memorandum of Understanding with the authorities;

Amendment 27 #

Motion for a resolution
Recital E

E. whereas Mauritania has no national legal asylum system in place; whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance of refugee cards and certificates on the basis of a memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whose cases have not been assessed by the UNHCR; whereas ~~Mauritania’s current legal framework does not allow for effective protection of women and childr~~one of the actions provided for in the Agreement of 7 July 2002 between Frontex and Mauritania is to propose to the Mauritanian authorities that an informal dialogue on migration and the national asylum system be held between the EU and Mauritania, focusing in particular on combating the trafficking of migrants and on border management, ~~or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritania;~~ so as to best determine their needs in this area and identify the possibilities for Frontex support;

Amendment 28 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Recital E

E. whereas despite having signed the 1951 Convention relating to the Status of Refugees, its 1967 Protocol and the 1969 OAU Refugee Convention Mauritania has no national legal asylum system in place; whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance of refugee cards and certificates on the basis of a mMemorandum of Understanding with the authorities; whereas people deemed ineligible for protection are structurally deported to the Malinian and Senegalese border by the authorities without further procedure; whereas this has included deportations of people whose cases have not been assessed by the UNHCR; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritania;

Amendment 29 #

E. whereas Mauritania despite having signed the 1951 Convention Relating to the Status of Refugees has no national legal asylum system in place; whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance of refugee cards and certificates on the basis of a memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whose cases have not been assessed by the UNHCR; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritania;

Amendment 3 #

Motion for a resolution
Citation 15

– having regard to the report of 14 July 2021 of the Committee on Civil Liberties, Justice and Home Affairs’ Frontex Scrutiny Working Group on the fact-finding investigation on Frontex concerning alleged fundamental rights violations and its recommendations,deleted

Amendment 30 #

Motion for a resolution
Recital E

E. wWhereas Mauritania has no national legal asylum system in place; whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance of refugee cards and certificates on the basis of a memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whossigned the 1951 Convention relating to the Status of Refugees, its 1967 Protocol and the 1969 OAU Refugee Convention; whereas despite remarkable progress which has been made in migration and asylum legislation Mauritania has no asylum law in place; whereas in the absence of such system UNHCR conducts registration and mandate refugee status determination (RSD) and other protection activities on the cbaseis ~~have not been assessed by the UNHCR~~of a Memorandum of Understanding with the authorities; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritania;

Amendment 31 #

Motion for a resolution
Recital E a (new)

Ea. whereas people intercepted at sea or perceived by authorities as “candidates for sea departures” are being arrested, interrogated violently, held in police stations in inhumane and degrading conditions and systematically deported by buses to the Malian or Senegalese border by the authorities without any further procedure and are being handed over to Malian or Senegalese authorities; whereas this has included deportations of people whose cases have not been assessed by UNHCR; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, nor of LGBTIQ+ persons; whereas homosexuality is deemed illegal under Mauritanian criminal law and still a criminal offence punishable by death;

Amendment 32 #

Motion for a resolution
Recital E b (new)

Eb. whereas there have been reports of persons intercepted at sea in Western Sahara by Moroccan authorities being handed over to Mauritanian authorities, who then conduct returns by buses during 24 hours without any stop nor provision of any food nor water to the Senegalese border ; whereas there are no indications of any assessment by UNHCR;

Amendment 33 #

Motion for a resolution
Recital E c (new)

Ec. Whereas as of 31 May in February 2023, UNHCR reported the presence of 108.972 refugees and asylum seekers in Mauritania, amongst which 84.093 Malian refugees the Mbera camp;

Amendment 34 #

Motion for a resolution
Recital E d (new)

Ed. whereas Mauritania has not abolished the death penalty, despite a de facto moratorium since 1987; whereas there are 40 legislative provisions relating to the application of the death penalty, including for minors; whereas foreign detainees facing the death penalty rarely have access to legal assistance and a competent translator;

Amendment 35 #

Motion for a resolution
Recital F

Amendment 36 #

Motion for a resolution
Recital F

F. whereas refugees, asylum-seekers and migrants in Mauritania continuously face systemic and serious human rights violations and ill treatment such as refoulement, arbitrary arrests and detention, (gender-based) violence, including cases of torture, exploitation, abusive detention conditions, extortion and theft, and abusive collective expulsions; to Senegal but also Mali; whereas people are not assessed in regard to their nationality and vulnerability, despite the state of insecurity or conflict in Mali; whereas the UNHCR does not appear to carry out regular visits to border check points, places of disembarkation after interceptions at sea and places of detention to identify any protection needs, and civil society organisations seem to be prevented from doing so;

Amendment 37 #

Motion for a resolution
Recital F

F. whereas refugees and migrants in Mauritania continuously face systemic and serious human rights violations and ill treatment such as refoulement, arbitrary arrests and detention, (gender-based) violence, including cases of torture, exploitation, abusive detention conditions, extortion and theft, and abusive collective expulsionsaccording to the International Organisation for Migration (IOM) due to its geographical position, Mauritania has become an important transit site for migratory movements, including for irregular migrants journeying to Europe ;

Amendment 38 #

Motion for a resolution
Recital F a (new)

Fa. whereas the implementation of anti-trafficking legislation, far from protecting victims, has led to the criminalisation of migrants, against whom accusations of trafficking and smuggling are levelled as a preventive measure against departures to the Canary Islands;

Amendment 39 #

Motion for a resolution
Recital F b (new)

Fb. whereas Mauritanian authorities frequently detain Western and Central African nationals without due process, with no individual legal status assessments or formal deportation decisions. Whereas people face arbitrary detention and arrests on the streets, at worksites, or during raids of neighbourhoods or buildings.

Amendment 4 #

Motion for a resolution
Citation 15

Amendment 40 #

Motion for a resolution
Recital F c (new)

Fc. whereas people residing legally in the country are sometimes also detained and expelled, including people seeking asylum in Mauritania.

Amendment 41 #

Motion for a resolution
Recital G

G. whereas Mauritania only formally abolished slavery in 1981, and was the last country in the world to do so; whereas slavery has only been criminalised since 2015; whereas the UN Special Rapporteur concluded in 2022 that the country had taken significant steps ~~but the~~and continue~~d existence of slavery and slavery-like practices, including practices of forced labour, remains a concern and has an impact on both migrants and Mauritanian citizens~~s to work on improving its political system in that regard;

Amendment 42 #

Motion for a resolution
Recital G

G. whereas Mauritania only formally abolished slavery in 1981 by the adoption of Law 2015-031, and was the last country in the world to do so; whereas slavery has only been criminalised since 2015; whereas the UN Special Rapporteur on contemporary forms of slavery concluded in 2022 that the country had taken significant steps but the continued existence of slavery and slavery-like practices, including practices of forced labour, remains a concern and has an impact on both migrants and Mauritanian citizens;

Amendment 43 #

Motion for a resolution
Recital G a (new)

Ga. whereas an agreement between Spain and Mauritania allowing joint border control operations has existed since 2006; whereas Frontex, through Operation HERA, has also carried out occasional joint operations between 2006 and 2018 in Mauritania; whereas there has been no evaluation of this cooperation in terms of its impact on the protection of and respect for the human rights of migrants in Mauritania; whereas the legal basis of operation Hera is questionable;

Amendment 44 #

Motion for a resolution
Recital G a (new)

Ga. Whereas the Mauritanian authorities are receiving bilateral border management support from the Spanish authorities since 2006 in an advisory capacity only, including through the physical deployment of the Guardia civil and Spanish Gendarmerie; whereas Frontex would be the first non- Mauritanian actor where its deployed team members would allow for exercising executive powers at the border of the country as agreed in a dedicated operational plan;

Amendment 45 #

Ga. Whereas the Mauritanian authorities are receiving bilateral border management support by the Spanish authorities since 2006 in an advisory capacity only, including through physical deployment of the Guardia civil and Spanish Gendarmerie; whereas Frontex would be the first non-Mauritanian actor performing executive mandate at the border of the country;

Amendment 46 #

Motion for a resolution
Paragraph -1 (new)

-1. Welcomes Mauritania’s initiative to cooperate with Frontex with a view to securing Europe against mass immigration, criminality and terrorism;

Amendment 47 #

Motion for a resolution
Paragraph 1

1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularly ~~for migrants and refugees~~in connection with slavery, and considers that the deployment of Frontex executive powers in Mauritania ~~entails a high risk of becoming complicit in serious and most likely persistent violations of fundamental rights or international protection obligations~~will make it possible to better assess the risks, in particular for the EU’s security; calls on Frontex to draw up a table of developments and trends in the areas of illegal migration and cross-border criminal activity at the borders and to share that information with the EU Member States and the Commission; recommends that such information be used to plan its future activities in Mauritania;

Amendment 48 #

Motion for a resolution
Paragraph 1

Amendment 49 #

Motion for a resolution
Paragraph 1

1. Expresses its deep concern about the situation of fundamental rights in Mauritania, ~~particular~~especially for migrants and refugees, and considers that the ~~deployment of Frontex executive powers in Mauritania entails a high r~~possible conclusion of a Status Agreement between the EU and Mauritania providing for the exerciske of ~~becoming complicit in serious and most likely persistent~~executive powers would entail a high risk of violations of fundamental rights or international protection obligations that are of a serious nature and are likely to persist;

Amendment 5 #

Motion for a resolution
Recital A a (new)

Aa. Whereas the Commission received an authorisation from the Council to negotiate a Status agreement with the Islamic Republic of Mauritania in July 2022 to counter irregular migration, migrant smuggling, and trafficking from Mauritania to the Canary Islands and is in negotiations with the government of Mauritania with a view to conclude a status agreement which would allow for the possibility that team members deployed by Frontex perform tasks with executive powers on the territory of and as agreed with the Islamic Republic of Mauritania through a dedicated operational plan, on the basis of Council Decision (EU) 2022/1168;1a _________________ 1a The proposed amendment clarifies that team members deployed by Frontex would have executive powers in relation to specific tasks provided for in a dedicated operational plan as agreed with relevant Mauritanian authorities prior to any Joint Operation being launched on the territory of Mauritania.

Amendment 50 #

Motion for a resolution
Paragraph 1

Amendment 51 #

Javier ZARZALEJOS, Francisco José MILLÁN MON, Juan Ignacio ZOIDO ÁLVAREZ, Gabriel MATO, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE

Motion for a resolution
Paragraph 1

1. ~~Expresses its deep concern about the situation of fundamental rights in Mauritania, particularly for migrants and refugees, and c~~Considers that the deployment of Frontex executive powers in Mauritania ~~entails a high risk of becoming complicit in serious and most likely persistent violat~~is needed in order to tackle cross-border crime and illegal migration, including migrant smuggling and trafficking in human beings; points to the importance of the provisions of ~~fundamental rights or international protection obligation~~technical and operational assistance by Frontex to Mauritania to further enhance security of the EU's external borders;

Amendment 52 #

Motion for a resolution
Paragraph 1

1. Expresses its deep concern about the situation of fundamental rights in Mauritania, ~~particular~~especially for migrants and refugees, and considers that the ~~deployment of Frontex executive powers in Mauritania entails a high risk of becoming complicit in serious and most likely persistent viola~~conclusion of a Status Agreement between the EU and Mauritania must contain the necessary guarantees to avoid harm to EU and international law, EU principles and values, and the protections of fundamental rights ~~or international protection obligations~~;

Amendment 53 #

Malik AZMANI, Jan-Christoph OETJEN, Fabienne KELLER, Olivier CHASTEL

Motion for a resolution
Paragraph 1

1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularly for migrants and refugees, and considers that, due to a high standard of operation, the deployment of Frontex executive powers in Mauritania ~~entails a high risk of becoming complicit~~ can contribute to avoiding serious and ~~most likely persistent~~ violations of fundamental rights or international protection obligations;

Amendment 54 #

Javier ZARZALEJOS, Francisco José MILLÁN MON, Juan Ignacio ZOIDO ÁLVAREZ, Gabriel MATO, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE

Motion for a resolution
Paragraph 1

1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularly for migrants and refugees, and considers that the deployment of Frontex executive powers in Mauritania entails a high risk of becoming complicit in serious and most likely persistent violations of fundamental rights or international protection obligations;Considers that the status agreement between the European Union and the Islamic Republic of Mauritania on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in the Islamic Republic of Mauritania is a positive step towards fighting cross-border crime and preventing security threats to Europe.

Amendment 55 #

Motion for a resolution
Paragraph 1 a (new)

1a. Agrees with the European Fundamental Rights Agency in that reducing the death toll at Sea is complex and cannot be resolved by the European Union and its Member States alone and that only a comprehensive approach including all relevant states, EU bodies, international organisations and other parties involved can succeed in putting an end to the high death toll at Sea;

Amendment 56 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Paragraph 1 a (new)

1a. Emphasises that any human rights violations by Frontex staff in Mauritania are cause for drawing into question the presence of Frontex personnel and should trigger a re-evaluation or suspension of the deployment of Frontex in Mauritania;

Amendment 57 #

Javier ZARZALEJOS, Francisco José MILLÁN MON, Juan Ignacio ZOIDO ÁLVAREZ, Gabriel MATO, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE

Motion for a resolution
Paragraph 1 b (new)

1b. Recalls that the conclusion of a Model Status Agreement with the Islamic Republic of Mauritania on operational activities carried out by Frontex aims to support border management, foster increased bilateral cooperation and prevent irregular migration on the Atlantic route;

Amendment 58 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Paragraph 1 b (new)

1b. Calls on Frontex not only to avoid all complicity in human rights violations by Mauritanian security forces, but also to denounce any such actions;

Amendment 59 #

Javier ZARZALEJOS, Francisco José MILLÁN MON, Juan Ignacio ZOIDO ÁLVAREZ, Gabriel MATO, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE

Motion for a resolution
Paragraph 1 c (new)

1c. Welcomes the European Council Conclusions of 9 February 2023 calling for the rapid conclusion of negotiations on new and revised Status Agreements between the European Union and third countries on the deployment of Frontex as part of the efforts to strengthen cooperation on border management and migration;

Amendment 6 #

Motion for a resolution
Recital A a (new)

Aa. Whereas the Commission is in negotiations with the government of Mauritania with a view to conclude a status agreement for Frontex in order to perform executive tasks on the territory of the Islamic Republic of Mauritania, on the basis of Council Decision (EU) 2022/1168

Amendment 60 #

Motion for a resolution
Paragraph 2

2. Considers that if the Model Status Agreement falls short of addressing the above-mentioned concerns, this could lead to accountability gaps in the event of fundamental rights violations committed either by the third country’s authorities and/or by Frontex’s deployed personnel;deleted

Amendment 61 #

Motion for a resolution
Paragraph 2

2. Considers that ~~if the Model Status Agreement falls short of addressing the above-mentioned concerns, thi~~a tool like the Africa-Frontex Intelligence Community – which was launched in 2010 to provide a framework for the regular sharing of information on migrant-trafficking and border security threats – provides for close cooperation with a certain number of countries, including Mauritania since 20 September 2022; points cou~~ld lead to accountability gaps in the event of fundamental rights violations committed either by the third country’s authorities and/or by Frontex’s deployed personnel~~t that this is brought about by means of a series of training activities to develop national and regional strategies on combating cross- border crime and also includes the establishment of integrated border- management systems, as well as improvements in the gathering, sharing and analysis of relevant data; emphasises that all this is taking place in full compliance with fundamental rights;

Amendment 62 #

Motion for a resolution
Paragraph 2

2. Considers that if the ~~Model~~ Status Agreement fawills short of addressing the above-mentioned concerns, this could lead to accountability gaps in the event of fundamental rights violations committed either by the third country’s authorities and/or by Frontex’s deployed personnelpecifically help prevent irregular departures towards the Canary Islands and increase cooperation on border management and anti-smuggling activities;

Amendment 63 #

Motion for a resolution
Paragraph 2

2. Considers that if the Model Status Agreement falls short of addressing the above-mentioned serious concerns, this could lead to severe accountability gaps in the event of fundamental rights violations committed either by the third country’s authorities and/or by Frontex’s deployed personnel;

Amendment 64 #

Malik AZMANI, Jan-Christoph OETJEN, Fabienne KELLER, Olivier CHASTEL

Motion for a resolution
Paragraph 2

2. Considers that iprovisions of the Model Status Agreement falls short of addressing the above-mentioned concerns~~, this~~ and could lead to accountability gaps in the event of fundamental rights violations committed either by the third country’s authorities and/or by Frontex’s deployed personnel;

Amendment 65 #

Motion for a resolution
Paragraph 2

2. Considers that if the Model Status Agreement ~~falls short of addressing the above-mentioned concerns, this could lead to~~should properly address any potential accountability gaps in the event of fundamental rights violations committed either by the third country’s authorities and/or by Frontex’s deployed personnel;

Amendment 66 #

Motion for a resolution
Paragraph 2

2. Considers that iprovisions of the Model Status Agreement falls short tof address~~ing~~ the above-mentioned concerns~~, this~~ and could lead to accountability gaps, in the event of fundamental rights violations being committed ~~either~~ by the third country’'s authorities ~~and/or by Frontex’s deployed personnel;~~ ;2a _________________ 2a As the focus is on “accountability gaps”, this point should be specifically addressed to the relevant Mauritanian authorities. In line with the EBCG Regulation, Frontex has in place specific fundamental rights tools that would allow for possible fundamental rights violations committed by its deployed team members to be addressed without undue delay.

Amendment 67 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Paragraph 2 a (new)

2a. Regrets that the Commission decided to interpret recital 88 of Regulation 2019/1896 in a restrictive way only assessing the fundamental rights situation after the status agreement is concluded with a third country: stresses that this prevents to take into account the fundamental rights situation in the negotiations of and the decision to conclude a status agreement; as well as in the consent procedure in the European Parliament.

Amendment 68 #

Motion for a resolution
Paragraph 2 a (new)

2a. Calls for the inclusion of clear safeguards mechanisms in the Status Agreement to avoid the misuse of EU material support for migration control purposes by Mauritanian security forces;

Amendment 69 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Paragraph 2 b (new)

2b. Expresses concern on the impact of a status agreement on the freedom of movement in West Africa, most notably in Mauritania and the ECOWAS protocol on free movement in its neighbouring countries;

Amendment 7 #

Motion for a resolution
Recital B a (new)

Ba. Whereas the Commission is in negotiations with the government of Mauritania with a view to conclude a status agreement with Frontex in order to perform executive tasks on the territory of the Islamic Republic of Mauritania, on the basis of Council Decision (EU) 2022/1168; whereas this agreement is embedded into the EU’s push to further externalise border surveillance to intercept persons seeking safety in third countries before they reach the EU;

Amendment 70 #

Motion for a resolution
Paragraph 3 – introductory part

3. S~~trongly urges the Commission and the Agency to~~hould negotiations for a status agreement continue despite the mentioned serious fundamental rights concerns, strongly urges the Commission and the Agency to adopt urgently the following measures without delay:

Amendment 71 #

Motion for a resolution
Paragraph 3 – introductory part

3. Strongly urges the Commission and the Agency to: continue works on the status agreement between the European Union and the Islamic Republic of Mauritania.

Amendment 72 #

Motion for a resolution
Paragraph 3 – point 3.1

3.1 European Commission a. include explicit safeguards allowing deployed officers to disregard orders issued by the third country’s authorities that contradict the Agency’s fundamental rights obligations that derive from EU and international law; b. review the current provision on immunity from criminal prosecution by national authorities for deployed officers, in line with the principle of proportionality and in order to safeguard the right to an effective remedy for the individuals concerned; c. enshrine sufficient internal and external mechanisms for non-EU individuals to direct complaints towards the Agency, in line with the recommendations of the EU Ombudsman; d. include provisions about the Mauritanian authorities respecting fundamental rights during operations, including sound options that will ensure accountability in the event of violations; e. perform ex ante fundamental rights impact assessments before engaging in negotiations with third countries on the conclusion of Status Agreements, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards;deleted

Amendment 73 #

Motion for a resolution
Paragraph 3 – point 3.1 – point -a (new)

-a. fund physical barriers at the EU’s external borders to dissuade migrants from coming and thereby protect them from any attacks on fundamental rights;

Amendment 74 #

Motion for a resolution
Paragraph 3 – point 3.1 – point a

a. include explicit safeguards allowing deployed officers to disregard orders issued by the third country’s authorities that contradict the Agency’s fundamental rights obligations that derive from EU and international law, and to inform the European Parliament thereof;

Amendment 75 #

Motion for a resolution
Paragraph 3 – point 3.1 – point a

a. ~~include explicit~~ensure that all existing safeguards allow~~ing~~ deployed officers to disregard orders issued by the third country’s authorities that contradict the Agency’s ~~fundamental rights obligations that derive from EU and international law~~obligations;

Amendment 76 #

Malik AZMANI, Jan-Christoph OETJEN, Fabienne KELLER, Olivier CHASTEL

Motion for a resolution
Paragraph 3 – point 3.1 – point a a (new)

aa. Refrain from including specific provisions allowing for the agreement to be provisionally applied before the European Parliament assesses whether to give its consent to the agreement.

Amendment 77 #

Motion for a resolution
Paragraph 3 – point 3.1 – point b

b. review the current provision on immunity from criminal prosecution by national authorities for deployed officers, in line with the principle of proportionality and in order to safeguard the right to an effective remedy for the individuals concerned;deleted

Amendment 78 #

Motion for a resolution
Paragraph 3 – point 3.1 – point b

Amendment 79 #

Motion for a resolution
Paragraph 3 – point 3.1 – point b

Amendment 8 #

Motion for a resolution
Recital B a (new)

Ba. Whereas the Model Status Agreement referred to in Article 76(1) of Regulation 2019/1896 is to serve as the basis for the Commission’s negotiations with Mauritania; whereas the status agreement provides that it shall ensure that fundamental rights are fully respected during operations and shall provide for a complaints mechanism;

Amendment 80 #

Motion for a resolution
Paragraph 3 – point 3.1 – point b a (new)

ba. Urges Frontex to facilitate and ensure access to international protection procedures for migrants and refugees encountered during its operations in Mauritania. This must involve providing information, legal assistance, interpretation services, and necessary support to individuals seeking international protection.

Amendment 81 #

Motion for a resolution
Paragraph 3 – point 3.1 – point b b (new)

bb. Considers that Frontex should prioritize the protection of the rights and well-being of migrants and refugees throughout all operational activities conducted within the jurisdiction of Mauritania. The protection must encompass respect for human dignity, adherence to fundamental rights, and compliance with relevant international legal obligations, including those relating to access to international protection.

Amendment 82 #

Motion for a resolution
Paragraph 3 – point 3.1 – point b c (new)

bc. Stresses the importance to prioritize the identification, protection, and support of vulnerable groups among migrants and refugees, including children and victims of trafficking. Comprehensive measures must be in place to address the specific needs and vulnerabilities of these groups, providing specialized care, support services, and appropriate safeguards.

Amendment 83 #

Motion for a resolution
Paragraph 3 – point 3.1 – point c

~~c. enshrine sufficient internal and external mechanisms for non-EU individuals to direct complaints towards the Agency, in line with the recommendations of the EU Ombudsman;~~deleted

Amendment 84 #

Motion for a resolution
Paragraph 3 – point 3.1 – point c

c. ~~enshrine sufficient internal and external mechanisms for non-EU individuals to direct complaints towards the Agency, in line with the recommendations of the EU Ombudsman;~~ Ensure with necessary provisions that the relevant Mauritanian authorities set up an independent and effective complaints mechanism in accordance with the complaints mechanism as established by Frontex in line with Article 111 of Regulation 2019/1896. Asks the Agency to continue pursuing the development of its complaints mechanism, including in light of the recommendations of the European Ombudsman;3ca _________________ 3ca As the Agency already has set up an independent and effective complaints mechanism, it is important to highlight that the relevant Mauritanian authorities should do the same. Frontex should also continue its work to further develop its complaints mechanism.

Amendment 85 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Paragraph 3 – point 3.1 – point c

c. enshrine sufficient accessible internal and external mechanisms for non- EU individuals to direct complaints towards the Agency, in line with the recommendations of the EU Ombudsman;

Amendment 86 #

Motion for a resolution
Paragraph 3 – point 3.1 – point c a (new)

ca. Include clear guidelines and mechanisms on combatting corruption in all areas of cooperation between officers of the Agency and Mauritanian authorities and security forces;

Amendment 87 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Paragraph 3 – point 3.1 – point d

d. include provisions a~~bout~~nd guarantees for adequate human rights protection and the Mauritanian authorities respecting fundamental rights during operations, in the status agreement, including sound options that will ensure accountability in the event of violations;

Amendment 88 #

Motion for a resolution
Paragraph 3 – point 3.1 – point d

d. include provisions about the Mauritanian authorities respecting fundamental rights during operations, and monitor compliance, including sound options that will ensure accountability in the event of violations;

Amendment 89 #

Motion for a resolution
Paragraph 3 – point 3.1 – point d a (new)

da. Considers that Frontex must collaborate with relevant national authorities, international organizations, and civil society actors to ensure the prompt and impartial investigation of any alleged human rights abuses or misconduct related to its activities.

Amendment 9 #

Jan-Christoph OETJEN, Moritz KÖRNER, Abir AL-SAHLANI

Motion for a resolution
Recital B a (new)

Ba. whereas, to prevent the European Union from being submerged by migration, asylum and migration policy needs to be reformed by processing asylum seekers’ files in Member States’ embassies and consulates in the third countries of origin or in the Member States of transit;

Amendment 90 #

Motion for a resolution
Paragraph 3 – point 3.1 – point d a (new)

da. To provide assistance and capacity to Mauritanian authorities to develop a comprehensive legal asylum system based on fundamental rights and in line with the practices of the UNHCR;

Amendment 91 #

Motion for a resolution
Paragraph 3 – point 3.1 – point d b (new)

db. Encourages Frontex to establish and maintain effective channels of communication and cooperation with Mauritanian law enforcement agencies and relevant ministries.The cooperation must be characterized by regular and timely information exchange, mutual support, and joint planning to ensure the smooth implementation of operational activities.

Amendment 92 #

Motion for a resolution
Paragraph 3 – point 3.1 – point e

e. Similar to the Frontex Fundamental Rights Officer’s fundamental rights assessment prior to the launching of any Joint Operation on the territory of a third country, perform ex ante fundamental rights impact assessments before engaging in negotiations with third countries on the conclusion of Status Agreements, in order to be able to fully consider the impact of the potential cooperation and to negotiate on the necessary safeguards; 3e _________________ 3e The proposed amendment highlights the good practice established by Frontex and its independent Fundamental Rights Officer prior to launch of any Joint Operation on the territory of a third country.

Amendment 93 #

Malik AZMANI, Jan-Christoph OETJEN, Fabienne KELLER, Olivier CHASTEL

Motion for a resolution
Paragraph 3 – point 3.1 – point e

e. perform ex ante fundamental rights impact assessments before engaging in negotiations with third countries on the conclusion of Status Agreements, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards; make this impact assessment publicly available or at least share it with co-legislators;

Amendment 94 #

Motion for a resolution
Paragraph 3 – point 3.1 – point e

e. perform, in cooperation with the Fundamental Rights Officer (FRO), ex ante fundamental rights impact assessments before engaging in negotiations with third countries on the conclusion of Status Agreements, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards;

Amendment 95 #

Motion for a resolution
Paragraph 3 – point 3.1 – point e

e. inform the European Parliament and perform ex ante fundamental rights impact assessments before engaging in negotiations with third countries on the conclusion of Status Agreements, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards;

Amendment 96 #

Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)

ea. In case of the signing of a Status Agreement and the establishment of an Operational Plan, ensure independent monitoring by the Frontex Fundamental Rights Officer of the cooperation in relation to the fundamental rights situation;3ea _________________ 3ea The Frontex Fundamental Rights Officer provides independent monitoring of the implementation of the Status Agreement, which could consequently also lead to the triggering of Article 46 of the EBCG Regulation.

Amendment 97 #

Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)

ea. ensure, should a status agreement be concluded, that it is regularly assessed with regard to impact on protection of and respect for the human rights of migrants in Mauritania;

Amendment 98 #

Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)

ea. Make this impact asessment publicly available and keep the European Parliament fully and regularly informed of all steps of the negotiations.

Amendment 99 #