9 Amendments of Balázs HIDVÉGHI related to 2021/0140(CNS)
Amendment 55 #
Proposal for a regulation
Recital 10
Recital 10
(10) During the evaluation, particular attention should be paid to verifying respect for fundamental rights in the application of the Schengen acquis in addition to the evaluation of the correct implementation and application of the data protection requirements of the Schengen acquis carried out by separate evaluations. To increase the capacity of the evaluation and monitoring mechanism to identify violations of fundamental rights in relevant policy areas, additional measures should be implemented. Schengen evaluators should be properly trained in this regard, relevant information from the European Agency for Fundamental Rights should be better utilised and its experts better involved in the design and implementation of evaluations. Furthermore, evidence which is made public or provided through independent monitoring mechanisms or by relevant third parties at their own initiative such as ombudspersons, authorities monitorverified information provided by relevant third parties directly involved ing the respect of fundamental rights, non-governmental and international organisations, shimplementation of the Schengen acquis could be taken into account in the programming, design and implementation of evaluations. Member States should have the opportunity to comment on information provided by third parties.
Amendment 60 #
Proposal for a regulation
Recital 14
Recital 14
(14) Unannounced visits, being one of the most effective tools to verify Member States practices should, depending on their purpose, should take place without a prior notification to the Member State concerned or with only short prior notification. Unannounced visits without prior notification should take place for ‘investigative’ purposes in order to verify compliance with obligations under the Schengen acquis, including, in response to indications as regards the emergence of systemic problems that could potentially have a significant impact on the funcof at least 24 hours before the visit to the Member State to carry out a random check of the Member State’s implementationing of the Schengen area or to fundamental rights violations, in particular allegations of serious violations of fundamental rights at the external borders. In such cases, the provision of advance notice would defeat the objective of the visit. Unannounced visits with a 24- hour advance notice should take place if the main purpose of the visit is to carry out a random check of the Member State’s implementation ofcquis or in order to verify the compliance with obligations under the Schengen acquis.
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘serious deficiency’ means one or more deficiencies based on findings of non-compliance which concern the effective application of key elements of the Schengen acquis and which individually or in combination, have, or risk to have over time, a significant negative impact on the rights of individuals or on the functioning of the Schengen area;
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 151 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Member States may comment on the information statistical data or risk analyses referred to in paragraph 2.
Amendment 167 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
In the programming and implementation of the evaluations and monitoring activities, the Commission shallmay take into account verified information provided by third parties directly involved in the implementation of the Schengen acquis, including independent authorities, non- governmental organisations and international organisations. Member States shall have the opportunity to comment on information provided by third parties.
Amendment 207 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
It may include visits to and meetings with national authorities and bodies, non- governmental and international organisations as well as other entities, agencies and bodies directly involved in, or participating in or concerned by the implementation of the Schengen acquis while cooperating with the Member State subject to the evaluation or monitoring activity.
Amendment 214 #
Proposal for a regulation
Article 19 – paragraph 4 – introductory part
Article 19 – paragraph 4 – introductory part
4. Unannounced visits shall take place without a prior notification to the Member State concerned. By way of exception, the Commission may notify the Member State concerned at least 24 hours before such visit is to take place when the main purpose of the unannounced visit is a random verification of the implementation of the Schengen acquis at least 24 hours before such visit is to take place.
Amendment 237 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
If the Commission does not consider that all the recommendations linked to findings of non-compliance have been sufficiently addressed, the evaluated Member State shall submit a revised action plan within one month of the receipt of the observations.