8 Amendments of Balázs HIDVÉGHI related to 2021/0428(COD)
Amendment 295 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 2016/399
Article 2 – point 27
Article 2 – point 27
27. ‘instrumentalisation of migrants’ refers tomeans a situation where a third country instigates irregular migratory flows into the Union by activelyor non state actor encouraginges or facilitatinges the movement of third country nationals to the external borders, onto or from within its territory and then onwards to those external borders, where such actions are indicative of an intention of a third country to or to a Member State with the aim of destabiliseing the Union or a Member State, where the nature of such actions isare liable to put at risk essential State functions, including its territorial integrity, of a Member State, including the maintenance of law and order or the safeguard of its national security;
Amendment 300 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 2016/399
Article 5 – paragraph 4
Article 5 – paragraph 4
4. IMember States may, in particular in a situation of instrumentalisation of migrants, Member States may limit the number of or in other situations of emergency at the border, temporarily close specific border crossing points as notified pursuant to paragraph 1 or limit their opening hours where the circumstances so require. Member States may, in particular in a situation of instrumentalisation of migrants, where third-country nationals attempt to force entry en masse by using violent means, take the necessary measures to preserve security, law and order.
Amendment 307 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/399
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The main purpose of border surveillance shall be to detect and prevenprevent and detect unauthorised border crossings, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. A person who has crossed a border illegally and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC.
Amendment 316 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/399
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive, the aim of such surveillance being to prevent unauthorised border crossings or apprehend individuals crossing or having crossed the border illegally. Surveillance may also be carried out by technical means, including electronic means, equipment and surveillance systems and, where appropriate, all types of stationary and mobile infrastructure including border barriers and fences.
Amendment 320 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/399
Article 13 – paragraph 5
Article 13 – paragraph 5
5. In a situation of instrumentalisation of migrants, the Member State concerneds shall intensify border surveillance as necessary in order to address the increased threats, notably when they face a situation of instrumentalisation of migrants. In particular, the Member States shall enhance, as appropriate, the resources and technical means to prevent an unauthorised border crossing of the borders.
Amendment 329 #
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 37 concerning additional measures governing surveillance, including the development of common minimum standards for border surveillance, in particular the use of surveillance and monitoring technologies at the external borders, taking into account the type of borders, the impact levels attributed to each external border section in accordance with Article 34 of the Regulation (EU) 2019/1896 and other relevant factors.
Amendment 334 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – paragraph 1
Article 1 – paragraph 1 – point 4 – paragraph 1
Regulation (EU) No 2016/399
Chapter 5 – Article 21a
Chapter 5 – Article 21a
Amendment 348 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 2016/399
Article 23 – point a
Article 23 – point a
a) the exercise of police or other public powers by the competent authorities of the Member States in their territory, including in their internal border areas, as conferred on them under national law, insofar as the exercise of those powers does not have an effect equivalent to border checks. The exercise of police or other public powers by the competent authorities of the Member States in their territory, including in their border areas, should not have a disproportionate impact on fluidity of movement across the internal borders, notably by leading to excessive waiting times. In a spirit of dialogue and cooperation, Member States should consult the neighbouring Member State of their actions, in particular when the action is expected to have a more significant effect on cross-border traffic. The exercise by competent authorities of their powers may not, in particular, be considered equivalent to the exercise of border checks when the measures: