BETA

28 Amendments of Auke ZIJLSTRA related to 2018/0330(COD)

Proposal for a regulation
Recital 88

(88) This Regulation should establish a complaints mechanism for the Agency in cooperation with the fundamental rights officer, to safeguard the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The fundamental rights officer should review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the executive director, forward complaints concerning members of the teams to the home Member State, and register the follow-up by the Agency or that Member State. The mechanism should be effective, ensuring that complaints are properly followed up. The complaints mechanism should be without prejudice to access to administrative and judicial remedies and not constitute a requirement for seeking such remedies. Criminal investigations should be conducted by the Member States. In order to increase transparency and accountability, the Agency should report on the complaints mechanism in its annual report. It should cover in particular the number of complaints it has received, the types of fundamental rights violations involved, the operations concerned and, where possible, the follow-up measures taken by the Agency and Member States. The Fundamental Rights Officer should have access to all information concerning respect for fundamental rights in relation to all the activities of the Agency.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Recital 101

(101) In order to ensure the effective implementation of European Integrated Border Management through a multiannual strategic policy cycle, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect to the setting of policy priorities and the provision of strategic guidelines for European Integrated Border Management. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 3 – title

European Integrated External Border Management

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) search and rescue operations for persons in distress at sea launched and carried out in accordance with Regulation (EU) No 656/2014 and with international law, taking place in situations which may arise during border surveillance operations at sea;deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 8 – paragraph 1

(1) The Co~~mmission and the European Border and Coast Guard~~uncil shall ensure the effectiveness of European Integrated Border Management through a multiannual strategic policy cycle for the European Integrated Border Management.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 8 – paragraph 6

(6) In order to implement the de~~legated act~~cision referred to in paragraph 4, the Member States shall establish their national strategies for integrated border management through close cooperation between all national authorities responsible for the management of borders and return. Those national strategies shall be in line with Article 3, the de~~legated act~~cision referred to in paragraph 4 and the technical and operational strategy referred to in paragraph 5.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 33 – paragraph 7

7. When necessary the executive director shall, in consultation with the Member State concerned, make a recommendation s~~etting out~~uggesting the necessary measures to be taken by the Member State concerned and the time limit within which such measures shall be implemented. The executive director shall invite the Member States concerned to take the necessary measures based on an action plan developed by the Member State in consultation with the executive director.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 1

1. A Member State may request that the Agency launch joint operations to face upcoming ~~challenge~~threats, including illegal immigration, present or future threats at its external borders or cross-border crime, or to provide increased technical and operational assistance when implementing its obligations with regard to the control of the external borders.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point a

~~(a) a Member State does not take the necessary measures in accordance with a decision of the management board referred to in Article 33 (10); or~~deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point b

(b) a Member State facing specific and disproportionate challenges at the external borders has either not requested sufficient support from the Agency under Article 38, Article 40, Article 41, Article 42 or is not taking the necessary steps to implement actions under thosen imperative and urgent action is deemed indispensable as a result of the negative reply of a Member State according to Articles 42(2),

2018/12/11
Committee: LIBE

On duly justified imperative grounds of urgency relating to the functioning of the Schengen area, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 117(4).deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 43 – paragraph 9 – subparagraph 2

If the Member State concerned does not comply with the Commission decision referred to in paragraph 1 within 30 days and does not cooperate with the Agency pursuant to paragraph 8 of this Article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 47 – paragraph 4

4. The executive director shall, after consulting the fundamental rights officer and informing the Member State concerned, withdraw the financing of a joint operation, rapid border intervention, pilot project, migration management support team deployment, return operation, return intervention or working arrangement or suspend or terminate, in whole or in part such activities, if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. The executive director shall inform the management board of such a decision.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 51 – paragraph 1

1. Without prejudice to the competences of Member States concerning return decisions and without entering into the merits of ~~return~~such decisions, the Agency shall provide technical and operational assistance and ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations or organising returns on scheduled flights. The Agency may, on its own initiative coordinate or organise return operations.

2018/12/11
Committee: LIBE

~~(k) Missions and operations of the Common Security and Defence Policy.~~deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 83 – paragraph 4 – subparagraph 1

Members of the teams deployed from the Agency’s statutory operational staff or deployed following secondment for a short- and long- term duration to the Agency by the Member States shall wear, where appropriate, the uniform of the European Border and Cost Guard standing corps while performing their tasks and exercising their powers. Members of the teams deployed from Member States for a short duration shall wear, where appropriate, their own uniform while performing their tasks and exercising their powers.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 83 – paragraph 4 – subparagraph 3

The design and specifications for uniforms of the European Border and Coast guards standing corps shall be established by a Commission implementing decision adopted in accordance with the examination procedure referred to in Article 117(3).deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 83 – paragraph 9

9. Decisions to refuse entry in accordance with Article 14 of Regulation (EU) 2016/399 shall be taken only by border guards of the host Member State or by the members of the teams if expressly authorised by the host Member State ~~to act on its behalf~~.

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 84 – paragraph 1 – introductory part

1. The Agency shall, in cooperation with the host Member State, issue a document in the official languages of the host Member State and at least another official language of the institutions of the Union to the members of the teams for the purpose of identifying them and as proof of the holder's rights to perform tasks and exercise powers as referred to in Article 83. The document shall include the following features of each member of the teams:

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 106

1. A consultative forum shall be established by the Agency to assist the executive director and the management board with independent advice in fundamental rights matters. 2. The Agency shall invite EASO, the European Union Agency for Fundamental Rights, the United Nations High Commissioner for Refugees and other relevant organisations to participate in the consultative forum. On a proposal by the executive director, the management board shall decide on the composition of the consultative forum and the terms of the transmission of information to the consultative forum. The consultative forum shall, after consulting the management board and the executive director, define its working methods and set up its work programme. 3. The consultative forum shall be consulted on the further development and implementation of the fundamental rights strategy, on the establishment of the complaints mechanism, on codes of conduct and on common core curricula. 4. The consultative forum shall prepare an annual report of its activities. That report shall be made publicly available. 5. Without prejudice to the tasks of the fundamental rights officer, the consultative forum shall have effective access to all information concerning the respect for fundamental rights, including by carrying out on-the-spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State, and to hotspot areas or controlled centres, return operations and return interventions.Article 106 deleted Consultative forum

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 107

Fundamental rights officer 1. A fundamental rights officer shall be appointed by the management board. He or she shall have the tasks of contributing to the Agency's fundamental rights strategy, of monitoring its compliance with fundamental rights and of promoting its respect of fundamental rights. The fundamental rights officer shall have the necessary qualifications and experience in the field of fundamental rights. 2. The fundamental rights officer shall be independent in the performance of his or her duties. He or she shall report directly to the management board and cooperate with the consultative forum. The fundamental rights officer shall so report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights. 3. The fundamental rights officer shall be consulted on the operational plans drawn up in accordance with Articles 39, 43, 54(4) and 75(3). He or she shall have access to all information concerning respect for fundamental rights in all the activities of the Agency.Article 107 deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 3

~~3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible.~~deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 4

4. The fundamental rights officer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the fundamental rights officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the executive director, forward complaints concerning members of the teams to the home Member State, inform the relevant authority or body competent for fundamental rights in a Member State, and register and ensure the follow-up by the Agency or that Member State.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 8

8. Where a team member is found to have violated fundamental rights or international protection obligations, the Agency may request that the Member State remove that member immediately from the activity of the Agency or the European Border and Coast Guard standing corps.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 9

9. The fundamental rights officer shall report to the executive director and to the management board as to the Agency's and Member States' findings and follow-up made in response to complaints. The Agency shall include information on the complaints mechanism in its annual report.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 108 – paragraph 10

10. The fundamental rights officer shall, in accordance with the provisions set out in paragraphs 1 to 9 and after consulting the consultative forum, draw up a standardised complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights. The fundamental rights officer shall also draw up any further detailed rules as necessary. The fundamental rights officer shall submit that form and such further detailed rules to the executive director and to the management board. The Agency shall ensure that information about the possibility and procedure for making a complaint is readily available, including for vulnerable persons. The standardised complaint form shall be made available on the Agency's website and in hardcopy during all activities of the Agency, in languages that third- country nationals understand or are reasonably believed to understand. Complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardised complaint form.deleted

2018/12/11
Committee: LIBE

Proposal for a regulation
Article 118

1. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 8 (4) shall be conferred on the Commission for an undetermined period of time from [the date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 8 (4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts aArticle 118 delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 8(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.Exercise of the delegation

2018/12/11
Committee: LIBE

Proposal for a regulation
Annex I – title

~~Composition of the European Border and Coast Guard standing corps per year and category in accordance with Article XX~~deleted

2018/12/18
Committee: LIBE