BETA

Activities of Marie-Christine VERGIAT related to 2015/0310(COD)

Plenary speeches (1)

European Border and Coast Guard (A8-0200/2016 - Artis Pabriks) FR
2016/11/22
Dossiers: 2015/0310(COD)

Amendments (27)

Amendment 103 #
Draft legislative resolution
Paragraph 1
1. Adopts its position at first reading Rejects the proposal of the Commission and urges the presentation of a new proposal with an approach based on the reinafter set outspect of fundamental rights and international obligations;
2016/04/21
Committee: LIBE
Amendment 104 #
Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Border and Coast GuardAgency and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC (This amendment applies throughout the text.)
2016/04/21
Committee: LIBE
Amendment 118 #
Proposal for a regulation
Recital 4
(4) To ensure the effective implementation of the European integrated border management, a European Border and Coast Guard should be established. The European Border and Coast Guard, which comprises the European Border and Coast Guard Agency and national authorities which are responsible for border management, including coast guards to the extent that theyEuropean Union and its Member States’ international obligations are kept, a civilian body with the task of carrying out border control tasks, relies upon the common use of information, capabilities and systems at national level and the response of the European Border and Coast Guard Agency at Union levelsearch and rescue operations, in close cooperation with NGOs and other organizations, as well as facilitating the access to international protection of those in need of it, should be established.
2016/04/21
Committee: LIBE
Amendment 124 #
Proposal for a regulation
Recital 5 a (new)
(5a) Women as well as LGBTI persons are subject to specific forms of gender based persecution, still too often not recognised in the asylum procedures.
2016/04/21
Committee: LIBE
Amendment 125 #
Proposal for a regulation
Recital 5 b (new)
(5b) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of the agency.
2016/04/21
Committee: LIBE
Amendment 140 #
Proposal for a regulation
Recital 9 a (new)
(9a) According to Article 5 of the European Convention of Human Rights, deprivation of liberty for immigration- related reasons can only be used as a measure of last resort. An assessment needs to be made in each individual case to determine whether all the preconditions required to prevent arbitrary detention are fulfilled.
2016/04/21
Committee: LIBE
Amendment 167 #
Proposal for a regulation
Recital 16
(16) At particular areas of the external borders where Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as expto ensure fundamental rights are respected and international obligations and principles are respected. In these areas migrants and asylum seekerts from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the groundwill be assisted in their immediate needs with a gender-sensitive approach by fundamental rights and child protection experts, and distributed to different Member States, and will not be placed under detention.
2016/04/21
Committee: LIBE
Amendment 189 #
Proposal for a regulation
Recital 20
(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegally staying third-country nationals, including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of returnThe principle of non-refoulement will be respected and mass returns, which are illegal under international law, will not take place. Migrants or asylum seekers will not be returned to countries were human rights are not respected, nor will they be returned against their own will.
2016/04/21
Committee: LIBE
Amendment 213 #
Proposal for a regulation
Recital 28
(28) The European Border and Coast Guard Agency should facilitate and encourage operational cooperation between Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countricooperation between Member States and third countries concerning migration and asylum will be based only on providing legal and safe routes to acces,s the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countriesUnion, and in no way will there be military or police cooperation with third countries to try to reduce the number of persons reaching the EU.
2016/04/21
Committee: LIBE
Amendment 235 #
Proposal for a regulation
Article 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.rticle 1 deleted Subject matter
2016/04/21
Committee: LIBE
Amendment 260 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
(14a) ‘a child’ means every human being below the age of 18 years, in line with article 1 of the Convention on the Rights of the Child.
2016/04/21
Committee: LIBE
Amendment 299 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration;deleted
2016/04/21
Committee: LIBE
Amendment 307 #
Proposal for a regulation
Article 4 – paragraph 1 – point f
(f) return of third-country nationals illegally staying on the territory of the Member States;deleted
2016/04/21
Committee: LIBE
Amendment 327 #
Proposal for a regulation
Article 5 – paragraph 3
3. The European Border and Coast Guard Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area.deleted
2016/04/21
Committee: LIBE
Amendment 385 #
Proposal for a regulation
Article 7 – paragraph 1 – point l
(l) set up and deploy European Return Intervention Teams during return interventions;deleted
2016/04/21
Committee: LIBE
Amendment 386 #
Proposal for a regulation
Article 7 – paragraph 1 – point m
(m) assist Member States on training of national border guards and experts on return, including the establishment of common training standards;deleted
2016/04/21
Committee: LIBE
Amendment 412 #
Proposal for a regulation
Article 7 – paragraph 3
3. The Agency may engage in communication activities on its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraph 1 and shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.deleted
2016/04/21
Committee: LIBE
Amendment 525 #
Proposal for a regulation
Article 12 – paragraph 5
5. The Executive Director shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be taken.deleted
2016/04/21
Committee: LIBE
Amendment 638 #
Proposal for a regulation
Article 18
[...]deleted
2016/04/21
Committee: LIBE
Amendment 699 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
4a. The agency shall provide mandatory adequate gender sensitive education for all border and law enforcement personnel, including personnel in the rapid reaction pool, with an emphasis on the gender dimension, children, LGBTI people and other vulnerable groups so that border guards and law enforcement personnel fully understand the phenomenon and know how to recognise vulnerable groups.
2016/04/21
Committee: LIBE
Amendment 700 #
Proposal for a regulation
Article 20 – paragraph 4 b (new)
4b. The agency shall focus on the best interest of the unaccompanied minors, in order not to prolong unnecessarily the procedure and to ensure that unaccompanied minors have swift access to the procedure for determining the international protection status.
2016/04/21
Committee: LIBE
Amendment 701 #
Proposal for a regulation
Article 20 – paragraph 5 a (new)
5a. Rejects the regular use of detention of refugees, stresses the need to ensure that human rights are not violated; urges the need of individual assessments to determine whether all the preconditions required are fulfilled and to always favour alternatives to detention.
2016/04/21
Committee: LIBE
Amendment 702 #
Proposal for a regulation
Article 20 – paragraph 5 b (new)
5b. Calls for all detention of children in the EU to stop, and for parents to be able to live with their children in appropriate tailored facilities awaiting their asylum decision;
2016/04/21
Committee: LIBE
Amendment 726 #
Proposal for a regulation
Chapter 2 – section 4
[...]deleted
2016/04/21
Committee: LIBE
Amendment 901 #
Proposal for a regulation
Article 45
Purposes of processing personal data 1. The Agency may process personal data only for the following purposes: (a) performing its tasks of organising and coordinating joint operations, pilot projects, rapid border interventions and in the framework of the migration management support teams in accordance with Article 46; (b) performing its tasks of organising and coordinating return operations and return interventions in accordance with Article 47; (c) facilitating the exchange of information with Member States, the European Asylum Support Office, Europol or Eurojust in accordance with Article 46; (d) risk analysis by the Agency in accordance with Article 10; (e) identifying and tracking vessels in the framework of Eurosur in accordance with Article 48. 2. Any such processing of personal data shall respect the principle of proportionality and be strictly limited to personal data necessary for the purposes referred to in paragraph 1. 3. A Member State or other Union Agency providing personal data to the Agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1. If it has not done so, the Agency in consultation with the provider of personal data concerned shall process it in order to determine its necessity in relation to the purpose or the purposes as referred to in paragraph 1 for which it shall be further processed. The Agency may process information for a different purpose than the one in paragraph 1 only if authorised by the data provider of the information. 4. Member States and other Union Agencies may indicate, at the moment of transferring personal data, any restriction on access or use, in general or specific terms, including as regards transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer provision of information, they shall inform the Agency accordingly. The Agency shall comply with such restrictions.Article 45 deleted
2016/04/21
Committee: LIBE
Amendment 947 #
Proposal for a regulation
Article 53
[...]deleted
2016/04/21
Committee: LIBE
Amendment 984 #
Proposal for a regulation
Article 54
1. The Agency may deploy experts of its own staff as liaison officers, who should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the Union and of the Member States, including the network set up pursuant to Council Regulation (EC) No 377/2004.49 2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding irregular immigration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board. 3. The tasks of the Agency’s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third-country nationals. Those liaison officers shall coordinate closely with Union delegations. 4. The decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the Commission, and the European Parliament shall be fully informed of those activities as soon as possible. __________________ 49Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1).Article 54 deleted Liaison officers in third countries
2016/04/21
Committee: LIBE