22 Amendments of Andrej PLENKOVIĆ related to 2015/0310(COD)
Amendment 176 #
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardyises the functioning of the Schengen areapublic order and internal security in the EU, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 230 #
Proposal for a regulation
Recital 39
Recital 39
(39) Since the objectives of this Regulation, namely the development and implementation of a system of integrated management of the external borders, thus also ensuring the proper functioning of the Schengen area, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner but can rather, because of the absence of controls at internal borders and in view of the significant migratory pressures at the external borders and the need to safeguard a high level of internal security within the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 233 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) As regards Bulgaria, Romania and Croatia, this Regulation constitutes a development of the Schengen acquis in which these Member States take part in accordance with their Accession Treaties. Bulgaria, Romania and Croatia therefore take part in the adoption of this Regulation and are bound by it and subject to its application.
Amendment 239 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders of the Member States of the European Union with a view to managing migration effectively and ensuring a high level of internal security within the entire Union, while safeguarding the free movement of persons therein.
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘external borders’ means the land and sea borders of the Member States of the European Union and their airports and seaports, to which the provisions of Title II of Regulation (EC) No 562/2006 of the European Parliament and of the Council 38 apply; __________________ 38 Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).
Amendment 323 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency.
Amendment 331 #
Proposal for a regulation
Article 5 – paragraph 3
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 jeopardyises the functioning of the Schengen areapublic order and internal security in the European Union.
Amendment 344 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. To ensure a coherent European integrated border management at all EU external borders, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particular the Schengen Borders Code established by Regulation (EC) No 562/2006.
Amendment 350 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) establish a monitoring and risk analysis centre with the capacity to monitor security threats to the external borders of the EU including migratory flows and to carry out risk analysis as regards all aspects of integrated border management;
Amendment 360 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) assist EU Member States in circumstances requiring increased technical and operational assistance at the external borders, especially at the external borders of those EU Member States facing specific and disproportionate pressures, by coordinating and organising joint operations, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 371 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist EU Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those EU Member States facing specific and disproportionate pressures, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 380 #
Proposal for a regulation
Article 7 – paragraph 1 – point i
Article 7 – paragraph 1 – point i
(i) deploy the necessary equipment and staff for the rapid reserve pool for the practical execution of the measures needed to be taken in a situation requiring urgent action at the external borders of the Member States of the EU;
Amendment 382 #
Proposal for a regulation
Article 7 – paragraph 1 – point j
Article 7 – paragraph 1 – point j
(j) assist EU Member States, especially those facing specific and disproportionate pressures, in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegally staying third-country nationals, including through the coordination or organisation of return operations;
Amendment 420 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall provide the Agency in a timely and accurate manner with all the information necessary for the Agency to perform the tasks conferred on it by this Regulation, in particular for the Agency to monitor thereats to the public order and internal security of the EU including migratory flows towards and within the Union, to carry out risk analysis and to perform the vulnerability assessment.
Amendment 447 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses, inter alia, the migratory flows towards the Union.
Amendment 496 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control. That assessment shall be done in cooperation with the Member States of the EU and shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 512 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen areapublic order and internal security in the EU, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5) while taking into account their national needs. That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 519 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. The Member States may provide written comments to the vulnerability assessment if they deem so; these written comments shall be attached to the vulnerability assessment.
Amendment 524 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment, together with the written comments of the Member States if available, shall be submitted to the Supervisory Board, which shall advise the Executive Director on the measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the results of the Schengen evaluation mechanism.
Amendment 651 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardyises the functioning of the Schengen areapublic order and internal security in the EU, the Commission, after consulting the Agency, may adopt a decision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2).
Amendment 688 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. On a proposal by the Executive Director, the Management Board shall decide by an absolute majority of its members with a right to vote on the profiles and the overall number of border guards to be made available for the European Border and Coast Guard Teams. The same procedure shall apply with regard to any subsequent changes in the profiles and the overall numbers. Member States shall contribute to the European Border and Coast Guard Teams through a national pool on the basis of the various defined profiles by nominating border guards corresponding to the required profiles and taking into account their own needs for ensuring the security of their external borders.
Amendment 938 #
Proposal for a regulation
Article 52 – paragraph 1 – point d a (new)
Article 52 – paragraph 1 – point d a (new)
(da) sharing and analysing information related to the risks at the maritime external borders of the EU taking into account their specificities;