27 Amendments of Renate WEBER related to 2011/0427(COD)
Amendment 51 #
Proposal for a regulation
Recital 1
Recital 1
(1) The establishment of a European Border Surveillance System (hereinafter referred to as ‘EUROSUR’) is necessary in order to strengthen the information exchange and operational cooperation between national authorities of Member States as well as with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/2004 of 26 October 2004 (Frontex), hereinafter referred to as ‘the Agency’. EUROSUR should provide these authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability when detecting and preventingtowards situations which might turn out to be irregular migration and cross-border crime as well aswith an aim to protecting and savinge lives of migrantpeople in distress at the external borders of the Member States of the Union.
Amendment 56 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Migration and the crossing of external borders by third-country nationals should not per se be considered to be a threat to public policy or internal security. A border surveillance system should not be built on the assumption that irregular migration is a pattern among third-country nationals.
Amendment 61 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union, the Charter of Fundamental Rights of the European Union, notably human dignity, prohibition of torture and inhuman or degrading treatment or punishment, right to liberty and security, right to the protection of personal data, non-refoulement, non- discrimination and rights of the child. This Regulation should be applied by Member States in accordance with these rights and principles.
Amendment 80 #
Proposal for a regulation
Article 1
Article 1
This Regulation establishes a common framework for the exchange of information and cooperation between Member States and the Agency in order to improve the situational awareness and reaction capability towards situations which might turn out to be irregular migration and cross-border crime with an aim to protect and save lives of people in distress at the external borders of the Member States and of the European Union, hereinafter referred to as the European Border Surveillance System (EUROSUR).
Amendment 81 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to the surveillance of land and sea external borders of the Member States, including measures for protecting and saving lives of people in distress at the external borders of the Member States for monitoring, detection, identification, tracking, prevention and interception of illegal border crossings.
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States and the Agency shall comply with human dignity and fundamental rights principles, including data protection requirements, when applying this Regulation. They shall give priority to the special needs of children, victims of trafficking, persons in need of urgent medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 117 #
Proposal for a regulation
Article 5 – paragraph 3 – point b a (new)
Article 5 – paragraph 3 – point b a (new)
(b a) ensure that its personnel and the personnel of other authorities with a responsibility for external border surveillance are properly trained for detecting and dealing with situations involving vulnerable persons, such as persons in need of international protection, unaccompanied minors and victims of trafficking;
Amendment 118 #
Proposal for a regulation
Article 5 – paragraph 3 – point b b (new)
Article 5 – paragraph 3 – point b b (new)
(b b) ensure compliance with human rights and the principle of non- refoulement within each activity carried out by the National Coordination Centre and the other authorities with a responsibility for external border surveillance;
Amendment 123 #
Proposal for a regulation
Article 5 – paragraph 3 – point f
Article 5 – paragraph 3 – point f
(f) measure regularly the effects of national border surveillance activities and assess compliance with human rights and the principle of non-refoulement;
Amendment 129 #
Proposal for a regulation
Article 6 – paragraph 1 – point d b (new)
Article 6 – paragraph 1 – point d b (new)
(d b) ensure compliance with human rights and the principle of non- refoulement within each activity carried out in the framework of EUROSUR.
Amendment 138 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The national coordination centre shall establish and maintain a national situational picture, in order to provide all authorities with responsibilities in border surveillance at national level with effective, accurate and timely information which is relevant for the prevention of the loss of lives and as well for saving and protecting lives of people in distress at the external borders of that Member State and for the prevention of irregular migration and cross-border crime at the external borders of the Member State concerned.
Amendment 149 #
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) a sub-layer on irregular migration, which shall contain information on incidents concerning illegal border crossings of migrants occurring at or nearby the external borders of the Member State concerned, on facilitations of irregular border crossings and on any other relevant irregular migration incident, such as a search and rescue mission for persons whose life or personal integrity is at risk and who may or may not be attempting to cross the border illegally.
Amendment 153 #
Proposal for a regulation
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) a sub-layer on crisis situations, which shall contain information with regard to natural and man-made disasters, accidents, other situations when people's lives or personal integrity are at risk and any other crisis situation occurring at or nearby the external borders of the Member State concerned, which may have a significant impact on the control of the external borders;
Amendment 154 #
Proposal for a regulation
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
Amendment 168 #
Proposal for a regulation
Article 9 – paragraph 9 – point d a (new)
Article 9 – paragraph 9 – point d a (new)
(d a) all crisis situations related to preventing the loss of human lives and rescuing people within the land and sea borders of the Member State concerned.
Amendment 173 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish and maintain a European situational picture in order to provide the national coordination centres with information and analysis which is relevant for the prevention of loss of lives as well for saving and protecting the lives of people in distress and the prevention of irregular migration and cross-border crime at the external borders of the Member States.
Amendment 177 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Processing of personal data by the Agency shall be limited to personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member State, of involvement in cross-border criminal activities, in facilitating illegal migration activities or in human trafficking activities as defined in points (a) and (b) of Article 1(1) of Council Directive 2002/90/EC of 28 November defining the facilitation of unauthorised entry, transit and residence1. _______________ 1 OJ L...
Amendment 189 #
Proposal for a regulation
Article 10 – paragraph 6 – point c
Article 10 – paragraph 6 – point c
(c) an intelligence picture sub-layer, which shall contain migrant profiles, which shall not include personal data, routes, information on the impact levels attributed to the external land and sea border sections and facilitation analysis;
Amendment 193 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
Amendment 197 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall establish and maintain a common pre-frontier intelligence picture in order to provide the national coordination centres with information and analysis on the pre-frontier area which is relevant for the prevention of loss of lives and as well for saving and protecting the lives of people in distress and the prevention of irregular migration and serious or organised crime at the external borders of the Member States and in neighbouring third countries.
Amendment 210 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. All surveillance tools used for the purposes of this Regulation shall be used with the main aim of preventing the loss of lives as well as of saving and protecting lives of people in distress at the external borders of the Member States.
Amendment 251 #
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5 a. With respect to privacy rights, the exchange of data in the context of EUROSUR shall fully comply with the provisions of Directive 95/46/EC, the national implementing legislation and other relevant Union or national legislation.
Amendment 254 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The exchange of information and cooperation with neighbouring third countries on preventing the loss of lives as well as saving and protecting lives of people in distress at the external borders of the Member States and preventing irregular migration and cross-border crime may take place on the basis of bilateral or multilateral agreements between one or several Member States and one or several neighbouring third countries concerned. The national coordination centres of the Member States shall be the contact point for the exchange of information between the network referred to in Article 7 and the regional networks with neighbouring third countries.
Amendment 260 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Any exchange of information under paragraph 1 of this Article and under point (h) of Article 9(2) shall be done in compliance with the conditions of the bilateral and multilateral agreements concluded with neighbouring third countries and with Directive 95/46/EC, the national implementing legislation and other relevant Union or national legislation.
Amendment 264 #
Proposal for a regulation
Article 19
Article 19
The European Commission shall, in close cooperation with the Member States and the Agenc, the Agency, the European Union Agency for Fundamental Rights (FRA), the European Data Protection Supervisor (EDPS), the European Asylum Support Office (EASO) and any other relevant Union body, make available a Practical Handbook for the implementation and management of EUROSUR (hereinafter ‘Handbook’), providing technical and operational guidelines, recommendations and best practices. The European Commission shall adopt the Handbook in the form of a recommendation.
Amendment 267 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Agency shall ensure that procedures are in place to monitor the technical and operational functioning of EUROSUR against the objectives of achieving an adequate situational awareness and reaction capability at the external borders and the compliance with human dignity and human rights principles.
Amendment 272 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Agency shall submit to the European Parliament, the Council and the Commission a report on the functioning of EUROSUR on 1 October 2015 and every two years thereafter.