247 Amendments of Péter NIEDERMÜLLER related to 2018/0330(COD)
Amendment 130 #
Proposal for a regulation
Recital 2
Recital 2
(2) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, was established by Council Regulation (EC) No 2007/200417 . Since taking up its responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, risk analysis, information exchange, relations with third countries and the return of returneescoordination of the return of third country nationals subject to a return decision issued by a Member State. _________________ 17 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p.1).
Amendment 134 #
Proposal for a regulation
Recital 3
Recital 3
(3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its activities and procedures. The key role of the Agency should be to establish a technical and operational strategy as part ofdeveloped under the multiannual strategic policy cycle for implementation of European integrated border management, to oversee the effective functioning of border control at the external borders, to carry out risk analysis and vulnerability assessments, to provide increased technical and operational assistance to Member States and third countries through joint operations and rapid border interventions, to ensure the practical execution of measures in a situation requiring urgent action at the external borders, to provide technical and operational assistance in the support of search and rescue operations for persons in distress at sea, to organise, coordinate and conduct return operations and return interventions and provide technical and operational assistance to return activities of third countries.
Amendment 139 #
Proposal for a regulation
Recital 4
Recital 4
(4) Since the beginning of the migratory crisis in 2015, the Commission has taken up important initiativesIn the last few years, the Commission has proposed a series of measures with a view to strengthening the protection of the Union borders and restoring the normal functioning of the Schengen Area. Nevertheless, the proper functioning of the Schengen Area has not yet been restored. A proposal for significantly enhancing the mandate of the European Agency for the Management of Operational Cooperation at the External Borders was presented in December 2015 and was negotiated in a record timeswiftly during 2016. The Regulation on the European Border and Coast Guard Agency has entered into forced on 6 October 2016.
Amendment 143 #
Proposal for a regulation
Recital 5
Recital 5
(5) However, the Union’s framework in the area of control of external borders, and returns and asylum. still needs to be further improved. To that end and to further underpin the current and future envisaged operational efforts, the European Border and Coast Guard should be reformupdated by giving the European Border and Coast Guard Agency a stronger mandate and, in particular, by providing it with the necessary capabilities in the form of a European Border and Coast Guard standing corps of 10 000 operational staff with executive powers to effectively support Member States on the ground in their efforts to protect the external borders, fight secondary movements and significantly step up the effective and sustainable return of irregular migrants.
Amendment 150 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to monitor the crossing of the external borders efficiently, address migratory challenges and potential future threats at the external borders, ensure a high level of internal security within the Union, safeguard the functioning of the Schengen area and respect the overarching principle of solidarity. That should be accompanied by the proactive management of migration, including the necessary measures in third countries. In view of what has been stated, it is necessary to consolidate and the European Border and Coast Guard and to further expandupdate the mandate of the European Border and Coast Guard Agency. The Agency should be constituted principally b to grant the Agency a European Border and Coast Guard standing corps consisting of 10,000 operational staff.
Amendment 156 #
Proposal for a regulation
Recital 8
Recital 8
(8) In order to reflect the further qualitative enhancement of its mandate, in particular by providing it with its own operational arm, the European Border and Cost Guard standing corps of 10,000 operational staff, the Agency formerly known as Frontex should from now on be referred to as and operate exclusively under the name "the European Border and Coast Guard (EBCG) Agency". This change should be reflected in all relevant instances, including its visualisation in the external communication materials.
Amendment 159 #
Proposal for a regulation
Recital 9
Recital 9
(9) When implementing European integrated border management, coherence with other policy objectives should be ensured, including the free movement of persons, the right to asylum and the proper functioning of cross-border transport.
Amendment 165 #
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure the effective implementation of European Integrated Border Management and increase the efficiency of the common return policy, a European Border and Coast Guard should be established. It should be provided with the requisite financial and human resources and equipment. The European Border and Coast Guard should be composed of the European Border and Coast Guard Agency and national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, as well as authorities responsible for returns. As such it will rely upon the common use of information, capabilities and systems at national level and the response of the Agency at Union level.
Amendment 171 #
Proposal for a regulation
Recital 14
Recital 14
(14) The effective implementation of the European Integrated Border Management by the European Border and Coast Guard should be ensured through a multiannual strategic policy cycle for European Integrated Border Management. The multiannual cycle should set an integrated, unified and continuous process to provide strategic guidelines to all the relevant actors at Union level and in Member States in the area of border management and returns in order for those actors to implement the European Integrated Border Management in a coherent manner and in full compliance with fundamental rights. It shall also address all the relevant interactions of the European Border and Coast Guard with the Commission, other institutions and bodies as well as cooperation with other relevant partners, including third countries and third parties as appropriate.
Amendment 172 #
Proposal for a regulation
Recital 14
Recital 14
(14) The effective implementation of the European Integrated Border Management by the European Border and Coast Guard should be ensured through a multiannual strategic policy cycle for European Integrated Border Management. The multiannual cycle should set an integrated, unified and continuous process to provide strategic guidelines to all the relevant actors at Union level and in Member States in the area of border management and returns in order for those actors to implement the European Integrated Border Management in a coherent manner. In particular, it should allow the Agency to establish its technical and operational strategy. It shall also address all the relevant interactions of the European Border and Coast Guard with the Commission, other institutions and bodies as well as cooperation with other relevant partners, including third countries and third parties as appropriate.
Amendment 174 #
Proposal for a regulation
Recital 15
Recital 15
(15) European integrated border management requires an integrated planning between the Member States and the Agency for operations concerning borders and return, to preparefor responses to higher impactchallenges at the external borders on, for contingency planning and tofor coordinateing the long-term development of capabilities both in terms of recruitment and training but also for the acquisition and development of equipment.
Amendment 178 #
Proposal for a regulation
Recital 16
Recital 16
(16) The implementation of this Regulation does not affect the division of competence between the Union and the Member States or the obligations of Member States under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, the United Nations Convention Relating to the Status of Stateless Persons and other relevant international instruments.
Amendment 187 #
Proposal for a regulation
Recital 20
Recital 20
(20) The extended tasks and competence of the Agency should be balanced with strengthened fundamental rights safeguards and, increased accountability and an increased share of responsibility for decisions taken by the Agency's staff, in particular the standing corps.
Amendment 188 #
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should also, in their own interest and in the interest of the other Member States, contribute relevant data necessary for the activities carried out by the Agency, including for the purposes of situational awareness, risk analysis, vulnerability assessments and integrated planning. Where this data includes personal data, Union law on data protection should apply in full. Equally, they should ensure that the data are accurate, up-to-date and obtained and entered lawfully.
Amendment 193 #
Proposal for a regulation
Recital 23
Recital 23
(23) The European border surveillance system (EUROSUR) is necessary for the functioning of the European Border and Coast Guard in order to frame the exchange of information and the operational cooperation between national authorities of Member States as well as with the Agency. EUROSUR is providing those authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability at the external borders for the purpose of detecting, preventing and combating illegal immigration and cross- border crime and contributing to saving and ensuring the protection of the lives of migrants.
Amendment 196 #
Proposal for a regulation
Recital 25
Recital 25
(25) This Regulation should not hinder Member States from making their national coordination centres also responsible for coordinating the exchange of information and for cooperation with regarding other components of integrated border management such as return to the surveillance of air borders and for checks at border crossing points.
Amendment 202 #
Proposal for a regulation
Recital 28
Recital 28
(28) EUROSUR should provide an exhaustive situational picture at the external borders but also within the Schengen area and in the pre-frontier area. It should cover land, sea and air border surveillance but also checks at external border crossing points.
Amendment 205 #
Proposal for a regulation
Recital 30
Recital 30
(30) The EUROSUR Fusion services supplied by the Agency should be based on the common application of surveillance tools and inter-agency cooperation at Union level, including the provision of Copernicus Security services. They should provide the Member States and the Agency with added value information services related to Integrated Border Management. EUROSUR Fusion Services should be expanded to support checks at Bexternal border Ccrossing Ppoints, and Air Border Surveillance and monitoring of migration flows.
Amendment 211 #
Proposal for a regulation
Recital 33
Recital 33
(33) The Agency should prepare general and tailored risk analyses based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The Agency should, based also on information provided by Member States, provide adequate information covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third-country nationals within the Union, prevention of cross- border crime including facilitation of unauthorised border crossings, trafficking in human beings, terrorism and threats of a hybrid nature, as well as the situation in relevantneighbouring third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of the external borders.
Amendment 218 #
Proposal for a regulation
Recital 34
Recital 34
(34) Given its activities at the external borders, the Agency should contribute to preventing and detecting serious crime with a cross-border dimension, such as the smuggling of goods, migrant smuggling, trafficking in human beings and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Cross-border crimes necessarily entail a cross-border dimension. Such a cross- border dimension is characterised by crimes directly linked to unauthorised crossings of the external borders, including trafficking in human beings or smuggling of migrants. That said, Article 1(2) of Council Directive 2002/90/EC19 allows Member States not to impose sanctions where the aim of the behaviour is to provide humanitarian assistance to migrants. _________________ 19 Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17)anyone who provides different forms of humanitarian assistance to those in need should not be criminalised.
Amendment 231 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 235 #
Proposal for a regulation
Recital 40
Recital 40
(40) The Agency should organise the appropriate technical and operational assistance to Member States in order to reinforce their capacity to implement their obligations with regard to the control of the external borders and to face challenges at the external borders resulting from illegalrregular immigration or cross-border crime. Such assistance should be without prejudice to the relevant national authorities' competence to initiate criminal investigations. In that respect, the Agency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy teams from the European Border and Coast Guard standing corps as well as provide the necessary technical equipment.
Amendment 243 #
Proposal for a regulation
Recital 42
Recital 42
(42) Where a Member State faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large, inward, mixed migratory flows the Member States should be able to rely on technical and operational reinforcements. Those reinforcements should be provided in hotspot areas by migration management support teams. Those teams should be composed of operational staff to be deployed from the European Border and Coast Guard standing corps and experts from Member States deployed by EASO[the European Agency for Asylum] and, Europol or other relevant Union agencies. The Agency should assist the Commission in the coordination among the different agencies on the ground. The Commission should, in cooperation with the host Member State and the relevant agencies, establish the terms of cooperation at the hotspot area and be responsible for the coordination of the activities of the migration management support teams
Amendment 249 #
Proposal for a regulation
Recital 44
Recital 44
Amendment 255 #
Proposal for a regulation
Recital 45
Recital 45
(45) The European Border and Coast Guard Agency and the [European Union Agency for Asylum] should cooperate closely in order to address effectively the migratory challenges, in particular at the external borders characterised by large inward mixed migratory flows. In particular, both Agencies should coordinate their activities and support Member States to facilitate the procedure for international protection and the return procedure with regard to third country nationals whose application for international protection is rejected. The Agency and [the European Union Agency for Asylum] should also cooperate in other common operational activities such as shared risk analysis, collection of statistical data, training and support to Member States on contingency planning.
Amendment 260 #
Proposal for a regulation
Recital 46
Recital 46
Amendment 266 #
Proposal for a regulation
Recital 47
Recital 47
(47) In hotspot areas, the Member States should cooperate with relevant Union agencies which should act within their respective mandates and powers, and under the coordination of the Commission. The Commission, in cooperation with the relevant Union agencies, should ensure that activities in hotspot areas comply with the relevant Union law, including on the Common European Asylum System and on fundamental rights.
Amendment 271 #
Proposal for a regulation
Recital 48
Recital 48
Amendment 273 #
Proposal for a regulation
Recital 49
Recital 49
Amendment 280 #
Proposal for a regulation
Recital 50
Recital 50
(50) Where control of the external border is rendered ineffective to such an extent that it risks jeopardising the functioning of the Schengen area, either because a Member State does not take the necessary measures in line with a vulnerability assessment or because a Member State facing specific and disproportionate challenges at the external borders has not requested sufficient support from the Agency or is not implementing such support, a unified, rapid and effective response should be delivered at Union level. For the purpose of mitigating these risks, and to ensure better coordination at Union level, the Commission should propose to the Council a decision identifying the measures to be implemented by the Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision. An operational plan should be drawn up by timplementing power to adopt such a decision should be conferred on the Council because of the potentially politically sensitive nature of the measures to be decided, which are likely to touch on national executive and enforcement powers. The Agency togshould dether with the Member State concerned. The Member State concerned should facilitate the implementation of the Commissionmine the actions to be taken for the practical execution of the measures indicated in the Council decision and the. An operational plan by implementing among others its obligations provided for in Articles 44, 83 and 84should be drawn up by the Agency together with the Member State concerned. If a Member State does not comply within 30 days with that Commissionuncil decision and does not cooperate with the Agency in the implementation of the measures contained in that decision, the Commission should be able to trigger the specific procedure provided for in Article 29 of Regulation (EU) 2016/399 of the European Parliament and of the Council21 to face exceptional circumstances putting the overall functioning of the area without internal border control at risk. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
Amendment 334 #
Proposal for a regulation
Recital 74
Recital 74
(74) The Agency should improve the exchange of information and the cooperation with other Union bodies, offices and agencies, such as EUROPOL, EASO[the European Union Agency for Asylum], the European Maritime Safety Agency and the European Union Satellite Centre, the European Aviation Safety Agency or the Network Manager for the European Air Traffic Management in order to make best use of information, capabilities and systems which are already available at European level, such as the European Earth monitoring programme Copernicus.
Amendment 357 #
Proposal for a regulation
Recital 88
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. The fundamental rights officer shall be provided with the resources and staff with the skills and seniority corresponding to the expansion of activities and powers of the Agency and necessary to enable him or her to effectively perform the variety of tasks in accordance with this Regulation. Any regular or extraordinary assignment of staff to the Agency must be accompanied with the proportional allocation of staff to support the fundamental rights officer.
Amendment 374 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a European Border and Coast Guard to ensure European Integrated Border Management at the external borders with a view to managing the crossing of those external borders efficiently, as well as increasing the efficiency of the common return policy as a key component of sustainable migration management.
Amendment 384 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Regulation addresses migratory challenges, including return, and potential future threats at those borders, thereby contributing to addressing serious crime with a cross- border dimension, to ensure a high level of internal security within the Union in full respect for fundamental rights, while safeguarding the free movement of persons within it.
Amendment 389 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Amendment 394 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘incident’ means a situation relating to illegalrregular immigration, cross-border crime or a risk to the lives of migrants at, along or in the proximity of, the external borders;
Amendment 406 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas or in controlled centres,and which is composed of operational staff from the European Border and Coast Guard standing corps, experts deployed by the [the European Union Agency for Asylum], and from Europol, or other relevant Union agencies as well as from Member States;
Amendment 414 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Amendment 419 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
(26) ‘return decision’ means return decisionan administrative or judicial decision or act, stating or declaring the stay of a third- country national to be illegal and imposing or stating an obligation to return in accordance with Directive 2008/115/EC as defined in point 4 of Article 3 of Directive 2008/115/EC;
Amendment 421 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
(27) ‘returnee’ means an illegally staying third-country national who is the subject of a return decision orwhich its equivalent in a third countrynot the subject of appeal proceedings;
Amendment 422 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
(27) ‘returnee’ means an illegally staying third-country national who is the subject of a return decision or its equivalent in a third country;
Amendment 427 #
Proposal for a regulation
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
(29) ‘return intervention’ means an activity of the European Border and Coast Guard Agency providing Member States or third countries with enhanced technical and operational assistance consisting of the deployment of return teams and the organisation of return operations;
Amendment 440 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
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 seainternational law, including those carried out in accordance with Regulation (EU) No 656/2014;
Amendment 443 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) inter-agency cooperation among the national authorities in each Member State which are responsible for border control or for other tasks carried out at the border including national bodies in charge of protecting fundamental rights, as well as between authorities responsible for return in each Member State, including the regular exchange of information through existing information exchange tools;
Amendment 448 #
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) technical and operational measures within the Schengen area which are related to external border control and designed to address illegalrregular immigration and to counter cross- border crime better;
Amendment 456 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Fundamental rights, education and training, and research and innovation shall be horizontal components that are to be present in the implementation of each of the sectoral components listed in the first subparagraph.
Amendment 465 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
(4) The Agency shall contribute to the continuous and uniform application of Union law, including the Union acquis on fundamental rights, and ensure the application of the Charter of Fundamental Rights of the European Union in all its activities at all external borders. Its contribution shall include the exchange of good practices.
Amendment 471 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 478 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
(4) The Agency shall support the application of Union measures relating to the management of the external borders and the enforcement of return decisions by reinforcing, assessing and coordinating the actions of Member States, as well as providing direct technical and operational assistance, in the implementation of those measures and in return matters.
Amendment 487 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) The Commission and the European Border and Coast Guard shall ensure the effectiveness of European Integrated Border Management shall be ensured through a multiannual strategic policy cycle for the European Integrated Border Management.
Amendment 491 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) The multiannual strategic policy for the European Integrated Border Management shall define how the challenges in the area of border management and return are to be addressed in a coherent, integrated and systematic manner in line with Union law and the instruments laid down in Recital 16.
Amendment 492 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) The multiannual strategic policy for the European Integrated Border Management shall define how the challenges in the area of border management and return are to be addressed in a coherent, integrated and systematic manner.
Amendment 496 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
(4) Based on the strategic risk analysis for European Integrated Border Management referred to in Article 30(2), tThe Commission shall be empowered to adopt delegated acts in accordance with Article 118 developing a multiannual strategic policy for European Integrated Border Management. That delegated act shall define policy priorities and provide the strategic guidelines for the following four years in relation to the components set out in Article 3.
Amendment 508 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
(8) Where the situation at the external borders or in the area of return requires a change of the policy priorities, the Commission shall amend the multiannual strategic policy for European IntDuring the four-year period referred to in paragraph 4, where the challenges at the external borders or in the area of return evolve to such a degree that the multiannual strategic policy requires adapting, the Commission shall be empowered to adopt a delegrated Border Managemenact in accordance with the procedure set out in paragraph 4. Also the strategies mentioned in paragraph 5 and 6 shallArticle 118 to amend that strategic policy. The technical and operational strategies of the Agency and of the Member States may then be adapted where neededcessary.
Amendment 512 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) On the basis of the multiannual strategic policy cycle for European Integrated Border Management referred to in Article 8, the European Border and Coast Guard shall establish an integrated planning for border management and returns.
Amendment 513 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Each plan of the integrated planning shall contain the scenario against which it is developed. Scenarios shall be derived from risk analysis and shall reflect the possible evolution of the situation at the external borders and in the area of illegal migration, the developments in each of the components of European Integrated Border Management as laid down in Article 3, and the challenges identified in the multiannual strategic policy cycle for European Integrated Border Management.
Amendment 515 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Each plan of the integrated planning shall contain the scenario against which it is developed. Scenarios shall be derived from risk analysis and shall reflect the possible evolution of the situation at the external borders and in the area of illegal and irregular migration and the challenges identified in the multiannual strategic policy cycle for European Integrated Border Management.
Amendment 539 #
Proposal for a regulation
Article 10 – paragraph 1 – point 8
Article 10 – paragraph 1 – point 8
8. provide technical and operational assistance to Member States and third countries in accordance with, under Regulation (EU) No 656/2014 and international law, in support of search and rescue operations for persons in distress at sea which may arise during border surveillance opin accordance with internations at seaal law ;
Amendment 548 #
Proposal for a regulation
Article 10 – paragraph 1 – point 12
Article 10 – paragraph 1 – point 12
12. within the framework of the migration management support teams at hotspot areas or in controlled centres;
Amendment 552 #
Proposal for a regulation
Article 10 – paragraph 1 – point 15
Article 10 – paragraph 1 – point 15
Amendment 557 #
Proposal for a regulation
Article 10 – paragraph 1 – point 16
Article 10 – paragraph 1 – point 16
16. assist Member States in circumstances requiring increased technical and operational assistance to implement the obligation to return irregular migrantreturnees, including, coordination or organisation of return operations;
Amendment 560 #
Proposal for a regulation
Article 10 – paragraph 1 – point 17
Article 10 – paragraph 1 – point 17
17. set up a pool of forced-return monitors, forced-return escorts and return specialists;
Amendment 564 #
Proposal for a regulation
Article 10 – paragraph 1 – point 20
Article 10 – paragraph 1 – point 20
Amendment 569 #
Proposal for a regulation
Article 10 – paragraph 1 – point 20 a (new)
Article 10 – paragraph 1 – point 20 a (new)
20 a. cooperate with the European Union Agency for Fundamental Rights, to ensure the continuous and uniform application of the Union acquis on fundamental rights;
Amendment 576 #
Proposal for a regulation
Article 10 – paragraph 1 – point 23
Article 10 – paragraph 1 – point 23
Amendment 583 #
Proposal for a regulation
Article 10 – paragraph 1 – point 25
Article 10 – paragraph 1 – point 25
25. assist Member States and third countries in training of national border guards, other relevant staff and experts on return, including the establishment of common training standards;
Amendment 585 #
26. participate in the development and management of research and innovation activities relevant for the control and surveillance of the external borders, including the use of advanced surveillance technology, and develop pilot projects regarding matters covered by this Regulation;
Amendment 593 #
Proposal for a regulation
Article 10 – paragraph 1 – point 30
Article 10 – paragraph 1 – point 30
Amendment 602 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to perform the tasks conferred on them by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Union, to carry out risk analysis and to perform the vulnerability assessment, as well as to provide technical and operational assistance in the field of return, the Agency and the national authorities responsible for border management and return, including coast guards to the extent that they carry out border control tasks, shall, in accordance with this Regulation and other relevant Union and national law regarding the exchange of information, share in a timely and accurate manner all necessary information.
Amendment 607 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 612 #
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. The Agency shall establish and maintain a communication network in order to provide communication and analytical tools and allow for the exchange of sensitive non-classified and classified information in a secure manner and in near real time with, and among, the national coordination centres. The network shall comply with all data protection principles having regard to all life cycle phases of the network. The network shall be operational twenty-four hours a day and seven days a week and shall allow for:
Amendment 616 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Agency may take all necessary measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, third partiese Union institutions, bodies, offices and Agencies Article 69 and third countries as referred to in Article 69 and Article 7172.
Amendment 625 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
This Regulation establishes EUROSUR as an integrated framework for the exchange of information and for cooperation within the European Border and Coast Guard in order to improve situational awareness and to increase the reaction capability for border management of the Union for the purpose of detecting, preventing and combating illegal immigration and cross- border crime and contributing to ensuring the protection and saving the lives of migrants.
Amendment 630 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
(1) EUROSUR shall apply to border checks at authorised border crossing points, and to the surveillance of external land, sea and air borders, including the monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating illegal immigration and cross- border crime and contributing to ensuring the protection and saving the lives of migrants.
Amendment 633 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
(2) The national coordination centres shall provide the Agency, via the communication network and relevant systems, with information, from their national situational pictures and as appropriate from specific situational pictures, which is required for the establishment and maintenance of the European situational picture.
Amendment 644 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2 – point a
Article 25 – paragraph 1 – subparagraph 2 – point a
(a) an events layer including all events related to unauthorised border crossings, cross-border crime, and the detection of unauthorised secondary movements of the external borders and cross-border crime;
Amendment 648 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
(3) The national coordination centre shall attribute a single indicative impact level, ranging from ‘low’ and ‘medium’ to ‘high’ and ‘critical’, to each incident in the events layer of the national situational picture. All incidents shall be shared with the Agency.
Amendment 652 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
(1) The Agency shall establish and maintain a European situational picture in order to provide the national coordination centres and the Commission with effective, accurate and timely information and analysis, covering the external borders, and the pre-frontier area and unauthorised secondary movements.
Amendment 653 #
Proposal for a regulation
Article 27 – paragraph 2 – point c
Article 27 – paragraph 2 – point c
(c) Union delegations and missions and operations of the Common Security and Defence Policy;
Amendment 657 #
Proposal for a regulation
Article 27 – paragraph 3 – point c
Article 27 – paragraph 3 – point c
(c) incidents in the operational area of a joint operation, or rapid intervention coordinated by the Agency, or in a hotspot or controlled centre.
Amendment 661 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
(4) The operational layer of the European situational picture shall contain information on the joint operations, and rapid interventions coordinated by the Agency and on hotspots and controlled centres, including the mission statement, location, status, duration, information on the Member States and other actors involved, daily and weekly situational reports, statistical data and information packages for the media.
Amendment 663 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
(4) The operational layer of the European situational picture shall contain information on the joint operations, and rapid interventions coordinated by the Agency and on hotspots and controlled centres, including the mission statement, location, status, duration, information on the Member States and other actors involved, daily and weekly situational reports, statistical data and information packages for the media.
Amendment 669 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) The Agency and the Member States may establish and maintain specific situational pictures in order to support specific operational activities at the external borders or to share information with third parte Union institutions, bodies, offices and agencies referred to in Article 69 or third countries as provided for in Article 76 or with both.
Amendment 672 #
Proposal for a regulation
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
(a) selective monitoring of designated third-country ports and coasts which have been identified through risk analysis and information as being embarkation or transit points for vessels or other craft used for illegalrregular immigration or cross-border crime;
Amendment 674 #
Proposal for a regulation
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
(b) tracking of vessels or other craft over high seas which are suspected of, or have been identified as, being used for illegalrregular immigration , carrying persons in distress at sea requiring the launching of a search and rescue operation, or being used for cross-border crime;
Amendment 676 #
Proposal for a regulation
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) monitoring of designated areas in the maritime domain in order to detect, identify and track vessels and other craft being used for, or suspected of being used for, illegalrregular immigration , carrying persons in distress at sea requiring the launching of a search and rescue operation, or being used for cross-border crime;
Amendment 681 #
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
(f) monitoring of migratory flows towards and within the Union;
Amendment 682 #
Proposal for a regulation
Article 29 – paragraph 2 – point g
Article 29 – paragraph 2 – point g
(g) media monitoring, open source intelligence and analysis of internet activities in line with Regulation (EU) 2016/679 of the European Parliament and of the Council or Directive (EU) 2016/680 of the European Parliament and of the Council42 as applicable for preventing illegalrregular immigration or cross-border crime; _________________ 42 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 689 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Agency shall monitor migratory flows towards and within the Union, trends and other possible challenges at the external borders of the Union and with regard to return. For this purpose, the Agency shall, by a decision of the management board based on a proposal of the executive director, establish a common integrated risk analysis model, which shall be applied by the Agency and the Member States. The common integrated risk analysis model shall be established and updated based on the outcome of the evaluation of the multiannual Strategic policy cycle for European Integrated Border Management referred to in Article 8 (7). The Agency shall also carry out the vulnerability assessment in accordance with Article 33.
Amendment 699 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. Member States shall take results of the risk analysis into account when planning their operations and activities at the external borders and their activities with regard to return.
Amendment 702 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
The Agency shall ensure regular monitoring of all Member States' management of the external borders and return through liaison officers of the Agency.
Amendment 705 #
Proposal for a regulation
Article 32 – paragraph 3 – point b
Article 32 – paragraph 3 – point b
(b) support the collection of information required by the Agency for the monitoring of illegal imand irregular migration and risk analyses referred to in Article 30;
Amendment 709 #
Proposal for a regulation
Article 32 – paragraph 3 – point e a (new)
Article 32 – paragraph 3 – point e a (new)
(e a) report to the executive director and the fundamental rights officer any concerns about or violations of fundamental rights in relation to the management of external borders and return;
Amendment 711 #
Proposal for a regulation
Article 32 – paragraph 3 – point e b (new)
Article 32 – paragraph 3 – point e b (new)
(e b) cooperate with the fundamental rights officer, where necessary, with a view to contributing to the promotion of respect for fundamental rights in the work of the Agency in line with subparagraph (e);
Amendment 713 #
Proposal for a regulation
Article 32 – paragraph 3 – point j
Article 32 – paragraph 3 – point j
Amendment 722 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Agency shall monitor and assess the availability of the technical equipment, systems, capabilities, resources, infrastructure, adequately skilled and trained staff of Member States necessary for border control as defined in Article 3(1)(a). In this context, the Agency shall assess the capability development plans referred to in Article 67 (4) as regards their feasibility and implementation. For future planning it shall do so as a preventive measure on the basis of a risk analysis prepared in accordance with Article 30 (2). The Agency shall carry out such monitoring and assessment at least once a year, unless the executive director, based on risk assessments or a previous vulnerability assessment, decides otherwise. In any event, each Member State shall be subject to monitoring and assessment at least once every three years.
Amendment 734 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. In the vulnerability assessment, the Agency shall take into accountassess the Member States' capacity, in qualitative and quantitative terms, to carry out all border management tasks, including their capacity to deal with the potential arrival of large numbers of persons on their territory, in a manner which respects and protects their human dignity.
Amendment 777 #
Amendment 781 #
Proposal for a regulation
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
Amendment 785 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The national coordination centre shall regularly inform the Agency of the measures taken at national level pursuant to points (b), (c) and (dc) of paragraph 1.
Amendment 786 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Where a medium or high or critical impact level is attributed to an external border section which is adjacent to the border section of another Member State or of a third country with which there are agreements or regional networks, as referred to in Article 73 and Article 74, the national coordination centre shall contact the national coordination centre of the neighbouring Member State or the competent authority of the neighbouring country and shall endeavour to coordinate together with the Agency the necessary cross-border measures.
Amendment 800 #
Proposal for a regulation
Article 37 – paragraph 2 – point d
Article 37 – paragraph 2 – point d
(d) deploy the European Border and Coast Guard standing corps in the framework of the migration management support teams, among others at hotspot areas or in controlled centres, including if necessary to provide technical and operational assistance in return activities;
Amendment 803 #
Proposal for a regulation
Article 37 – paragraph 2 – point e
Article 37 – paragraph 2 – point e
(e) within the framework of operations mentioned in points (a), (b) and (c) of this paragraph and in accordance with Regulation (EU) No 656/2014 and international law, provide technical and operational assistance to Member States and third countries, in support of search and rescue operations for persons in distress at sea which may arise during border surveillance operations at sea;
Amendment 811 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. A Member State may request that the Agency launch joint operations to face upcoming challenges, including illegal imand irregular migration, 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.
Amendment 819 #
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. The objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation. Such operations may involve coast guard functions and the prevention of cross-border crime, including the fight against migrant smuggling or trafficking in human beings, and migration management, including identification, registration, and debriefing and return.
Amendment 820 #
Proposal for a regulation
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. The operational plan shall be binding on the Agency, the host Member State and the participating Member States. It shall cover all aspects considered necessary for carrying out the joint operation, also in the case of cooperation with third countries, including the following:
Amendment 826 #
Proposal for a regulation
Article 39 – paragraph 3 – point l
Article 39 – paragraph 3 – point l
(l) procedures whereby persons in need ofseeking international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation are directed to the competent national authorities for appropriate assistance;
Amendment 838 #
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 1
Article 41 – paragraph 1 – subparagraph 1
Amendment 839 #
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
Theat Member State referred to in first paragraph shall submit a request for reinforcement by migration management support teams and an assessment of its needs to the Commission. The Commission shall, based on the assessment of needs of that Member State, transmit the request to the Agency, to [the European Union Agency for Asylum], Europol or other relevant Union agencies, as appropriand an assessment of its needs to the Agency and other relevant Union agencies, in particular [the European Union Agency for Asylum] and Europol. Where a Member State faces disproportionate migratory challenges at particular hotspot areas of its external borders characterised by large inward mixed migratory flows, that Member State may request technical and operational reinforcement to that Member State.
Amendment 842 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The executive director, in coordination with other relevant Union agencies, shall assess a Member State's request for reinforcement and the assessment of its needs to define, under the coordination of the Commission, the necessary measures, including the deployment of technical equipment,for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union agencies to be agreed upon by the Member State concerned.
Amendment 843 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. The Commission shall, in cooperation with the host Member State and the relevant Union agencies, establish the terms of cooperation forat the deployment of the migration management suphotsport teams as well as the deployment of technical equipment, and shallarea and be responsible for the coordination of the activities of thosee migration management support teams.
Amendment 847 #
Proposal for a regulation
Article 41 – paragraph 4 – point a
Article 41 – paragraph 4 – point a
(a) providing assistance in screening of third- country nationals arriving at the external borders, including the identification, registration, and debriefing of those third- country nationals and, where requested by the Member State, the fingerprinting of third-country nationals, security checks and providing information regarding the purpose of these procedures;
Amendment 851 #
Proposal for a regulation
Article 41 – paragraph 4 – point b
Article 41 – paragraph 4 – point b
(b) the provision of initial information to persons who wish to apply for international protection and their referral to the competent national authorities of the Member State concerned or to the experts deployed by [the European Union Agency for Asylum];
Amendment 853 #
Proposal for a regulation
Article 41 – paragraph 4 – point c
Article 41 – paragraph 4 – point c
(c) technical and operational assistance in the return process, including in the preparation of return decisions, acquisition of travel documents,field of return, including the preparation and organisation of return operations, including with regard to voluntary returns;.
Amendment 856 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 864 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The executive director shallmay, based on the results of the vulnerability assessment or when a criticalhigh impact is attributed to one or more external border sections and taking into account the relevant elements in the Member State’s contingency plans, the Agency's risk analysis and the analysis layer of the European situational picture, recommend to the Member State concerned to initiate and carry out joint operations or rapid border interventions or any other relevant actions by the Agency as defined in Article 37.
Amendment 865 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The Member State concerned shall respond to the recommendation of the Executive director within five working days. In case of a negative reply on the proposed actions, the Member State shall also provide the justifications underlying this reply. The Executive Director shall without delay notify the Commission on the proposed actions and the justifications for the negative reply in view of assessing whether furgentther action may be required in accordance with Article 43.
Amendment 881 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
the Commission, after consulting the Agencyuncil, on the basis of a proposal from the Commission, may adopt without delay a decision by means of an implementing act in accordance with the procedure as referred to in Article 117(3), identifying measures to mitigate those risks to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. The Commission shall consult the Agency before making its proposal.
Amendment 887 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 3
Article 43 – paragraph 1 – subparagraph 3
Amendment 899 #
Proposal for a regulation
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. To mitigate the risk of putting in jeopardy the Schengen area, the Commissionuncil decision referred to in paragraph 1 shall provide for one or more of the following measures to be taken by the Agency:
Amendment 912 #
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. The executive director shall, within two working days from the date of adoption of the Commissionuncil decision referred to in paragraph 1,:
Amendment 921 #
Proposal for a regulation
Article 43 – paragraph 4 – point b
Article 43 – paragraph 4 – point b
(b) submit the draftdraw up an operational plan and submit it to the Member States concerned.
Amendment 926 #
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. The executive director and the Member State concerned shall draw upagree on the operational plan within two working days from the date of its submission.
Amendment 929 #
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
6. The Agency shall, without delay and in any case within five working days from establishment of the operational plan, deploy the necessary operational staff from the European Border and Coast Guard standing corps referred to in Article 55 for the practical execution of the measures identified in the Commissionuncil decision referred to in paragraph 1 of this Article. Additional teams shall be deployed as necessary at a second stage and in any case within seven working days from the deployment of the first teams deployed in the operational area.
Amendment 933 #
Proposal for a regulation
Article 43 – paragraph 7 – subparagraph 1
Article 43 – paragraph 7 – subparagraph 1
The Agency shall, without delay and in any case within 10 working days from establishment of the operational plan, deploy the necessary technical equipment for practical execution of the measures identified in the Commissionuncil decision referred to in paragraph 1.
Amendment 938 #
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
8. The Member State concerned shall comply with the Commissionuncil decision referred to in paragraph 1. For that purpose it shall immediately cooperate with the Agency and take the necessary action, in particular by implementing the obligations provided in Articles 44, 83 and 84, to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the executive director.
Amendment 951 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The Agency, through its coordinating officer, may communicate its views to the host Member State on the instructions given to the teams, including with regard to the protection, respect and promotion of fundamental rights. In that case, the host Member State shall take those views into consideration and follow them to the extent possible.
Amendment 954 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity and shall pay particular attention to vulnerable persons. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons onbased on any grounds ofsuch as sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in line with provisions stipulated in Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 957 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. Members of the teams which are not statutory staff members of the Agency, shall remain subject to the disciplinary measures of their home Member State. The home Member State shall provide for appropriate disciplinary or other measures in accordance with its national law regarding violations of fundamental rights or international protection obligations in the course of a joint operation or, rapid border intervention, return operation or return intervention.
Amendment 958 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The Agency shall ensure the operational implementation of all the organisational aspects of joint operations, pilot projects or rapid border interventions, including the presence of statutory staff members of the Agency.
Amendment 960 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The eExecutive dDirector shall terminate activities of the Agency, including when cooperating with third countries, if the conditions to conduct those activities are no longer fulfilled. The eExecutive dDirector shall inform the Member State concerned prior to such termination.
Amendment 969 #
Proposal for a regulation
Article 47 – paragraph 4
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 or suspend or terminate, in whole or in part, 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. When taking such decision, the Executive Director shall take into account relevant information, such as the number and substance of complaints registered, serious incidents reports, reports from the Liaison Officers and coordinating officers posted in the host Member State, information from EU institutions and Union agencies, the United Nations, the Council of Europe and relevant national and international non governmental organisations.
Amendment 972 #
Proposal for a regulation
Article 47 – paragraph 4
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.
Amendment 974 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. If the executive director decides to suspend or terminate deployment by the Agency of a migration management support team, he or she shall inform the other relevant agencies active in that hotspot area or controlled centre of that decision.
Amendment 983 #
Proposal for a regulation
Article 49 – paragraph 1 – point a
Article 49 – paragraph 1 – point a
(a) provide technical and operational assistance to Member States in the return of third country nationals, including the preparation of return decisions, the identification of third country nationals and other pre-return and return-related activities of the Member States, including voluntary departures, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 984 #
Proposal for a regulation
Article 49 – paragraph 1 – point a
Article 49 – paragraph 1 – point a
(a) provide technical and operational assistance to Member States in the return of third country nationals, including the preparation of return decisionreturnees, the identification of third country nationals and other pre-return and return-related activities of the Member States, including voluntary departures, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 988 #
Proposal for a regulation
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(b) provide technical and operational assistance to Member States experiencing challenges with regard to return or migratory pressure, including by deploying migration management teams;
Amendment 996 #
Amendment 1005 #
Proposal for a regulation
Article 49 – paragraph 2 – point b
Article 49 – paragraph 2 – point b
(b) practical information, analysis and recommendations on third countries of return relevant for the implementation of this Regulation, in cooperation, where appropriate, with other Union bodies, offices and agencies, including EASO[the European Union Agency for Asylum];
Amendment 1007 #
Proposal for a regulation
Article 49 – paragraph 2 – point b
Article 49 – paragraph 2 – point b
(b) practical information, analysis and recommendations on third countries of return relevant for the implementation of this Regulation, in cooperation, where appropriate, with other Union bodies, offices and agencies, including EASO;
Amendment 1009 #
Proposal for a regulation
Article 49 – paragraph 2 – point c
Article 49 – paragraph 2 – point c
(c) advice on and technical and operational assistance in the implementation and management of return procedures in compliaccordance with Directive 2008/115/EC, including in the preparation of return decisions, in identification and in the acquisition of travel documents and international law;
Amendment 1018 #
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
Amendment 1022 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
Amendment 1034 #
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
1 a. Member States shall transmit to the Agency a copy of the return decision in respect of any returnee who is to be returned with the technical and operational assistance of the Agency.
Amendment 1045 #
Proposal for a regulation
Article 51 – paragraph 5 – subparagraph 3
Article 51 – paragraph 5 – subparagraph 3
If the Agency has concerns regarding the respect of fundamental rights during a in respect of a return operation, it shall communicate them to the participating Member States and to the Commission.
Amendment 1048 #
Proposal for a regulation
Article 51 – paragraph 7
Article 51 – paragraph 7
7. The Agency shall finance or co- finance return operations from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas or controlled centres.
Amendment 1054 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. The Agency shall, after consulting the fundamental rights officer, constitute a pool of forced-return monitors from the European Border and Coast Guard standing corps and from competent bodies who carry out forced- return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 62 of this Regulation.
Amendment 1055 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The management board shall, on a proposal of the executive director determine the profile and the number of forced-return monitors to be made available to that pool, taking into account the number of return specialists and forced-return escorts available to the Agency to assist in return operations and interventions. The same procedure shall apply with regard to any subsequent changes in the profile and overall numbers. Member States shall be responsible for contributing to the pool by nominating forced-return monitors corresponding to the defined profile. Forced-return monitors with specific expertise in child protection shall be included in the pool.
Amendment 1058 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. Forced-return monitors, who are not statutory staff of the Agency, shall remain subject to the disciplinary measures of their home Member State in the course of a return operation or return intervention.
Amendment 1059 #
Proposal for a regulation
Article 52 – paragraph 5 a (new)
Article 52 – paragraph 5 a (new)
5 a. After the pool of forced-return monitors is constituted by the Agency, following the determination of the profile and the number of forced-return monitors, the Agency shall entrust the Council of Europe and its forced return monitors within its Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to conduct spot-checks on a selected sample of a maximum of 20 per cent of return operations carried out or facilitated by the Agency. The Council of Europe's forced return monitors shall compile a report following each spot- check. The Council of Europe shall compile an annual evaluation report from the information collected which shall be communicated to the Executive Director, the Agency's Management Board, Fundamental Rights Officer and Consultative Forum, the European Parliament, the Council and the European Commission. The Council of Europe shall receive an adequate budget by the Agency on an annual basis to evaluate the Agency's pool of forced- return monitors. The results of the annual evaluation report shall be taken into account in the evaluation of this Regulation in line with the provisions laid down in Article 116.
Amendment 1060 #
Proposal for a regulation
Article 52 – paragraph 5 b (new)
Article 52 – paragraph 5 b (new)
5 b. No forced return shall be carried out or facilitated by the Agency before its pool of forced-return monitors is fully constituted and ready for deployment.
Amendment 1062 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The Agency may deploy return teams either at the request of a Member State or on its own initiative, during return interventions, in the framework of migration management teams or as necessary to provide additional technical and operational assistance in the area of return, including where such challenges are linked to large inward mixed migratory flows or taking in third-country nationals rescued at sea.
Amendment 1071 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. In circumstances where a Member State is facing a burden when implementing the obligation to return third- country nationals who are the subject of return decisions issued by a Member State, the Agency shall, either on its own initiative with the agreement of the Member State concerned or upon request of that Member State, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist of the deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State.
Amendment 1073 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. In circumstances where a Member State is facing a burden when implementing the obligation to return third-country nationalreturnees who are the subject of return decisions issued by a Member State, the Agency shall, either on its own initiative or upon request of that Member State, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist of the deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State.
Amendment 1077 #
Amendment 1095 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The Agency shall deploy members of the European Border and Coast Guard standing corps as members of the border management teams, migration management support teams, return teams in joint operations, rapid border interventions or return interventions or any other relevant operational activities in the Member States or in third countries.
Amendment 1097 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
Amendment 1102 #
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
Amendment 1116 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. By 30 June each year, each Member State shall nominate for secondment their operational staff in accordance with the specific numbers and profiles decided by the Management Board for the following year as referred to in Article 55(4). The Agency may verify whether the operational staff proposed by Member States correspond to the defined profiles and possess the necessary language skills. By 15 September, the Agency shall accept the proposed candidates or request that a Member State propose another candidate for secondmentfuse them in case of incompliance with the required profiles, insufficient language skills, misconduct or infringement of the applicable rules during previous deployments and request that a Member State propose another candidate for secondment.
Amendment 1123 #
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. The Agency may verify whether operational staff nominated for short-term deployments by Member States correspond to the defined profiles and possess the necessary language skills. The Agency may request that a Member State remove an operational staff member from the national listshall refuse nominated operational staff in case of incompliance with the required profiles, insufficient linguistic skills, misconduct or infringement of the applicable rules during previous deployments and request that a Member State to nominate another candidate.
Amendment 1132 #
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59 a Actions before the Court of Justice of the European Union 1. Proceedings may be brought before the Court of Justice of the European Union, in accordance with Article 263 TFEU, to challenge the legality of acts of the Agency. 2. Member States, the Union institutions, and natural and legal persons, may institute proceedings before the Court of Justice of the European Union against acts of the Agency in accordance with Article 263 TFEU. 3. In the event that the Agency has an obligation to act and fails to do so, proceedings for failure to act may be brought before the Court of Justice of the European Union in accordance with Article 265 TFEU. 4. The Agency shall be required to take the necessary measures to comply with the judgment of the Court of Justice of the European Union.
Amendment 1143 #
Proposal for a regulation
Article 60 – paragraph 6 a (new)
Article 60 – paragraph 6 a (new)
6 a. Where the Commission establishes that there are generalised deficiencies as regards the rule of law in a Member State in which the Agency has established an antenna office, the Commission shall, without delay, report this finding to the executive director. Within a period of one month from being informed of this finding - and unless the antenna office has closed in the meantime - the management board, on a proposal from the executive director, shall decide upon whether to close the antenna office taking full account of the opinion of the Commission.
Amendment 1145 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. The Agency shall, taking into account the capability roadmap referred to in Article 9(4), where available, and in cooperation with the appropriate training entities of the Member States, and, where appropriate, EASO and the European Union Agency for Fundamental Rights, develop specific training tools, including specific training in the protection of children and other persons in a vulnerable situation. It shall provide border guards, return specialists, return escorts and forced-return monitors, and other relevant staff who are members of the European Border and Coast Guard standing corps with advanced training relevant to their tasks and powers. Experts from the staff of the Agency shall conduct regular exercises with those border guards and other team members in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 1146 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. The Agency shall, taking into account the capability roadmap referred to in Article 9(4), where available, and in cooperation with the appropriate training entities of the Member States, and, where appropriate, EASO[the European Union Agency for Asylum] and the European Union Agency for Fundamental Rights, develop specific training tools, including specific training in the protection of children and other persons in a vulnerable situation. It shall provide border guards, return specialists and other relevant staff who are members of the European Border and Coast Guard standing corps with advanced training relevant to their tasks and powers. Experts from the staff of the Agency shall conduct regular exercises with those border guards and other team members in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 1170 #
Proposal for a regulation
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
(a) the number of operational staff that each Member State has committed to the European and Border Guard standing corps andincluding the pool of forced return monitors;
Amendment 1174 #
Amendment 1181 #
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. Member States and the Agency shall establish operational plans for border management and returns. The operational plans of Member States related to border sections with high and critical impact levels shall be established in cooperation with neighbouring Member States and with the Agency. For the activities of the Agency, operational planning for the following year shall be defined in annex to the single programming document referred to in Article 100 and for each specific operational activity through the operational plan referred to in Article 39 and Article 75(3).
Amendment 1182 #
Proposal for a regulation
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
Member States shall adopt a contingency plan for the management of their borders and return. In line with the national integrated border management strategy, the contingency plans shall describe all the necessary measures and resources for the possible reinforcement of capabilities including logistics and support both at national level and from the Agency.
Amendment 1184 #
Proposal for a regulation
Article 67 – paragraph 4 – subparagraph 2
Article 67 – paragraph 4 – subparagraph 2
The national capability development plan shall address in particular the recruitment and training policy of the border guards and, return specialists, return escorts and forced-return monitors, the acquisition and maintenance of equipment and the necessary research and development activities and the corresponding financial aspects.
Amendment 1188 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1
Article 69 – paragraph 1 – subparagraph 1
The Agency shall cooperate with Union institutions, bodies, offices and agencies, and international organisations, within their respective legal frameworks and make use of existing information, capabilities and systems available in the framework of EUROSUR.
Amendment 1192 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – introductory part
Article 69 – paragraph 1 – subparagraph 2 – introductory part
In accordance with paragraph 1, the Agency shall cooperate in particular withwith the following:
Amendment 1195 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point c
Article 69 – paragraph 1 – subparagraph 2 – point c
(c) the [European AsylumUnion Agency for Asylum];
Amendment 1199 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k
Article 69 – paragraph 1 – subparagraph 2 – point k
Amendment 1201 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k a (new)
Article 69 – paragraph 1 – subparagraph 2 – point k a (new)
(k a) the Council of Europe for the purposes of overseeing the pool of forced- return monitors;
Amendment 1209 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities referred to in paragraph 1. Such arrangements shall have received the Commission's prior approval of the Commission and European Data Protection Supervisor. In every case, the Agency shall inform the European Parliament of any such arrangements.
Amendment 1215 #
Proposal for a regulation
Article 69 – paragraph 5
Article 69 – paragraph 5
5. The Union institutions, bodies, offices, agencies and international organisations referred to in paragraph 1, shall use information received from the Agency only within the limits of their competences and insofar as they respect fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to other Union institutions, bodies, offices and agencies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor. Any transfer of personal data by the Agency shall be in line with the data protection provisions laid down in Articles 87 to 90. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, agency or international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency.
Amendment 1221 #
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
5. Onward transmission or other communication of information exchanged under this Article to third countries or to any other third parties shall be prohibited.
Amendment 1226 #
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. In line with Article 3 (g), the Member States and the Agency shall cooperate with third Countries for the purpose of integrated border management and migration policy, including returns.
Amendment 1235 #
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. When doing so, it shall act within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement, with the support of, and in coordination with, Union delegations and, where relevant, CSDP missions and operations.
Amendment 1239 #
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations, including by ensuring that the teams include a member with expertise on fundamental rights.
Amendment 1240 #
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country, where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations. No Agency statutory staff with executive powers shall be part of the integrated border management and return teams deployed to third countries.
Amendment 1241 #
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations, including by ensuring that the teams include a member with expertise on fundamental rights.
Amendment 1247 #
Proposal for a regulation
Article 74 – paragraph 5
Article 74 – paragraph 5
5. The Agency shall contribute to the implementation of international agreements and of non-legally binding arrangements on return concluded by the Union with third countries within the framework of the external action policy of the Union and regarding matters covered by this Regulation.
Amendment 1253 #
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
3. Operations shall be carried out on the basis of an operational plan agreed between the Agency and the third country concerned In case of operations carried out at the common border between the third country and one or more Member States, the operational plan shall have the agreement of the Member State or Member States bordering the operational area. Operational plans may include provisions concerning information exchange and cooperation in the framework of EUROSUR in accordance with Article 76. Without prejudice to the deployment of the members of the European Border and Coast Guard standing corps in accordance with Articles 55 to 58, the participation of Member States in joint operations on the territory of third countries shall be on voluntary basis.
Amendment 1255 #
Amendment 1259 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
Amendment 1270 #
Proposal for a regulation
Article 77 – paragraph 6
Article 77 – paragraph 6
6. Before any working arrangements with third parties or third countries are concluded, the Agency shall notify them to the Commission, which shall give its and, to the extent that they govern the transfer of personal data with those third countries, to the EDPS, which shall both give their prior approval. Once working arrangements are concluded, the Agency shall notify them to the Commission, which shall inform the European Parliament and the Council thereof.
Amendment 1276 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Agency may deploy experts from its statutory staff as liaison officers, who should enjoy the highest possible protection when carrying 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 Regulation (EC) No 377/2004. By decision of the management board the Agency may lay down specific profiles of liaison officers, such as return liaison officers, depending on the operational needs with regard to the third country concerned.
Amendment 1279 #
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. Within the framework of the external action policy of the Union, priority for the deployment of liaison officers shall be given to those third countries which, on the basis of a risk analysis, constitute a country of origin or transit regarding illegal imrregular migration. The Agency may receive liaison officers posted by those third countries on a reciprocal basis. The management board shall, on a proposal of the executive director, adopt the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the management board upon the opinion of the Commission.
Amendment 1280 #
Proposal for a regulation
Article 78 – paragraph 3
Article 78 – paragraph 3
3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting 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 illegal immigration and the return of returnees, including by providing technical assistance in identification of third-country nationals and the acquisition of travel documents. Those liaison officers shall coordinate closely with Union delegations and, where relevant, CSDP missions and operations. The Agency's liaison officers shall contribute to assessing the fundamental rights impact of the Agency's operations and cooperation with the third countries.
Amendment 1282 #
Proposal for a regulation
Article 78 – paragraph 3
Article 78 – paragraph 3
3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting 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 illegal immigration and the return of returnees, including by providing technical assistance in identification of third-country nationals and the acquisition of travel documents. Those liaison officers shall coordinate closely with Union delegations and, where relevant, CSDP missions and operationsalso report to the executive director and to the Fundamental Rights Officer regarding the fundamental rights impact of the Agency operations or activities in the third countries to which they are assigned.
Amendment 1287 #
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. The Agency may, with the agreement of the Member States concerned, invite observers of Union institutions, bodies, offices, agencies or international organisations and CSDP missions and operations to participate in its activities, in particular joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities or pose risks to fundamental rights. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As regards joint operations and pilot projects, the participation of observers shall be subject to the agreement of the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation.
Amendment 1290 #
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The Agency may, with the agreement of the Member States concerned, invite observers from third countries to participate in its activities at the external borders referred to in Article 37 , return operations referred to in Article 51, return interventions referred to in Article 54 and training referred to in Article 62, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 37, 43, 51 and 62 and nor the safety and access to the rights of asylum of third country nationals. The participation of those observers may take place only with the agreement of the host Member State regarding those referred to in Articles 37 and 54s. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation. They shall be required to adhere to the codes of conduct of the Agency while participating in its activities.
Amendment 1295 #
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 2
Article 81 – paragraph 1 – subparagraph 2
For that purpose, the AgencyFundamental Rights Officer shall draw up, further develop and implement a fundamental rights strategy including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency.
Amendment 1303 #
Proposal for a regulation
Article 83 – paragraph 1
Article 83 – paragraph 1
1. MWithout prejudice to the primary responsibility of host Member States for decisions regarding authorisation of entry, refusal of entry, issuance of a visa or adoption of a return decision, members of the teams deployed from the European Border and Coast Guard standing corps shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of Regulation (EU) 2016/399 and Directive 2008/115/EC.
Amendment 1324 #
Proposal for a regulation
Article 83 – paragraph 9
Article 83 – paragraph 9
Amendment 1334 #
Proposal for a regulation
Article 86 – paragraph 1
Article 86 – paragraph 1
Amendment 1343 #
Proposal for a regulation
Article 87 – paragraph 3
Article 87 – paragraph 3
3. The Agency may transfer personal data to an authority of a third country or to an international organisation in accordance with the provisions of [Regulation (EC No 45/2001] insofar as such transfer is necessary for the performance of the Agency’s tasks in the area of return activities. Where in the framework of organising return operations the personal data of returnees are not transmitted to the carrier by a Member State, the Agency may also transfer such data under the same conditions. In application of [ccordance with Article 25(1)(c)] of [Regulation (ECU) No 45/2001], [Article 19] thereof shall not apply to the processing of data for the purpose of return by the Agency, for as long as the third country national is not returned. T2018/1725, the Agency may provide for internal rules on restricting the application of the rights under [Articles 17 and 18] of [Regulation (EC) No 45/2011] on a case by case basis as long as the exercise of such right would risk to jeopardise the return procedure. Such restrictions shall respect the essence of the right to protection of personal data and the right to private and family life and be necessary and proportionate to the objective pursued, taking into account the risks to those rights of the person concerned.
Amendment 1353 #
Proposal for a regulation
Article 88 – paragraph 1 – point a
Article 88 – paragraph 1 – point a
(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;
Amendment 1356 #
Proposal for a regulation
Article 88 – paragraph 1 – point b
Article 88 – paragraph 1 – point b
(b) performing its tasks of supporting Member States and third countries in pre- return and return activities, operating return management systems, as well as coordinating or organising return operations and providing technical and operational assistance to Member States and third countries in accordance with Article 49;
Amendment 1357 #
Proposal for a regulation
Article 88 – paragraph 1 – point c
Article 88 – paragraph 1 – point c
(c) facilitating the exchange of information with Member States, EASO[the European Union Agency for Asylum], Europol or Eurojust in accordance with Article 89;
Amendment 1361 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in paragraph 1. The Agency may process such personal data for a different purpose which also falls under paragraph 1 only if authorised by the provider of the personal data and only after having assessed that the change in purpose for such processing complies with the data protection principles of necessity and proportionality.
Amendment 1372 #
Proposal for a regulation
Article 89 – paragraph 1 – introductory part
Article 89 – paragraph 1 – introductory part
1. The Agency shall only process the following categories of personal data collected and transmitted to it by the Member States, by its staff or by EASO[the European Union Agency for Asylum], Europol or Eurojust in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams:
Amendment 1374 #
Proposal for a regulation
Article 89 – paragraph 1 – point a
Article 89 – paragraph 1 – point a
(a) personal data of persons who are suspected, on reasonable grounds, by the competent authorities of the Member States and EASO[the European Union Agency for Asylum], Europol or Eurojust, of involvement in cross-border crime, such as migrant smuggling, trafficking in human beings or terrorism;
Amendment 1378 #
Proposal for a regulation
Article 89 – paragraph 2 – point a
Article 89 – paragraph 2 – point a
(a) where exchange of information with EASO[the European Union Agency for Asylum], Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 69;
Amendment 1392 #
Proposal for a regulation
Article 89 – paragraph 3
Article 89 – paragraph 3
3. Personal data shall be deleted as soon as they have been transmitted to EASO[the European Union Agency for Asylum], Europol or Eurojust or to the competent authorities of Member States or used for the preparation of risk analyses. The storage period shall, in any event, not exceed 90 days after the date of the collection of those data. In the results of risk analyses, data shall be anonymised. The provisions of this paragraph shall not apply to data processed for the purpose of performing return-related tasks.
Amendment 1393 #
Proposal for a regulation
Article 89 – paragraph 3 a (new)
Article 89 – paragraph 3 a (new)
3 a. Any exchange of information which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination of who are under a serious risk of being subjected to torture, inhuman or degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited
Amendment 1398 #
Proposal for a regulation
Article 90 – paragraph 3
Article 90 – paragraph 3
3. Any exchange of personal data with third countries in the framework of EUROSUR shall be strictly limited to what is absolutely necessary for the purposes of this Regulation. It shall be carried out in accordance with Regulation (EU) 2016/679 or Directive (EU) 2016/680 as applicable, and the relevant national provisions on data protection.
Amendment 1401 #
Proposal for a regulation
Article 90 – paragraph 4
Article 90 – paragraph 4
4. Any exchange of information under Article 73(2), Article 74(3) and Article 75(3) which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1404 #
Proposal for a regulation
Article 90 – paragraph 5
Article 90 – paragraph 5
5. Onward transmission or other communication of information exchanged under Article 73(2), Article 74(3) and Article 75(3) to other third countries or to any other third parties shall be prohibited.
Amendment 1410 #
Proposal for a regulation
Article 93 – paragraph 3 a (new)
Article 93 – paragraph 3 a (new)
3 a. Where the Commission establishes that there are generalised deficiencies as regards the rule of law in the Member State in which the Agency has its seat, the Commission shall be empowered to adopt a delegated act, in accordance with Article 118, to propose a change in the seat of the Agency.
Amendment 1417 #
Proposal for a regulation
Article 97 – paragraph 1 – point d
Article 97 – paragraph 1 – point d
Amendment 1420 #
Proposal for a regulation
Article 97 – paragraph 1 – point e
Article 97 – paragraph 1 – point e
Amendment 1446 #
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 2
Article 105 – paragraph 2 – subparagraph 2
Following such a statement, the European Parliament shall adopt an opinion setting out its views and may indicate a preferred candidate.
Amendment 1461 #
Proposal for a regulation
Article 106 – paragraph 1
Article 106 – paragraph 1
1. A consultative forum shall be established by the Agency to assist the executive directorAgency and the management board with independent advice in fundamental rights matters.
Amendment 1462 #
Proposal for a regulation
Article 106 – paragraph 2
Article 106 – paragraph 2
2. The Agency shall invite EASO[the European Union Agency for Asylum], 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.
Amendment 1470 #
Proposal for a regulation
Article 106 – paragraph 5 a (new)
Article 106 – paragraph 5 a (new)
5 a. Any exchange of information under Article 73(2), Article 74(3) and Article 75(3) which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is or has been under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1474 #
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. A fundamental rights office shall be established to support the fundamental rights officer in the performance of his or her tasks. The fundamental rights officer shall be provided with the necessary resources or staff. Staff allocated to the fundamental rights office shall report to the fundamental rights officer.
Amendment 1475 #
Proposal for a regulation
Article 107 – paragraph 1
Article 107 – paragraph 1
1. A fundamental rights officer shall be appointed by the management board, based on a recommendation by the Consultative Forum. 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, expert knowledge and professional experience in the field of fundamental rights.
Amendment 1476 #
Proposal for a regulation
Article 107 – paragraph 1 a (new)
Article 107 – paragraph 1 a (new)
1 a. The fundamental rights officer shall have to power to conduct investigations into any of the activities of the Agency to verify the respect of fundamental rights. He or she shall advise the Agency by issuing formal opinions prior to any activity of the Agency under this Regulation and by issuing recommendations for improving the Agency’s fundamental rights strategy, conditions for compliance with fundamental rights and promoting respect of fundamental rights. The Fundamental Rights Officer shall also be responsible for further developing and implementing the complaint mechanism.
Amendment 1478 #
Proposal for a regulation
Article 107 – paragraph 1 b (new)
Article 107 – paragraph 1 b (new)
1 b. The fundamental rights officer shall enjoy complete independence in the conduct of his or her investigations and the performance of his or her duties. He or she shall not be given any instructions nor be restricted in any way as regards the performance of the functions which, by virtue of his or her appointment, are assigned to him under this Regulation.
Amendment 1479 #
Proposal for a regulation
Article 107 – paragraph 1 c (new)
Article 107 – paragraph 1 c (new)
Amendment 1482 #
Proposal for a regulation
Article 107 – paragraph 2
Article 107 – paragraph 2
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 withto the consultative forum. The fundamental rights officer shall so report on a regular basis and as such contribute to the mechanism for monitoring fmanagement board shall ensure that action is taken with regard to recommendations of the Fundamental rRights Officer.
Amendment 1483 #
Proposal for a regulation
Article 107 – paragraph 2
Article 107 – paragraph 2
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.
Amendment 1486 #
Proposal for a regulation
Article 107 – paragraph 3
Article 107 – paragraph 3
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 Agencyhave unlimited access to all information concerning respect for fundamental rights in all the activities of the Agency, including by carrying out on spot visit, exceptionally also unannounced, to any joint operation, rapid border intervention, pilot project, migration management support teams, return operation or return intervention, including in third countries.
Amendment 1487 #
Proposal for a regulation
Article 107 – paragraph 3
Article 107 – paragraph 3
3. The fFundamental rRights oOfficer shall be consulted on the operational plans drawn up in accordance with Articles 39, 43, 54(4) and 75(3)0, 41, 43, 51, 54 and 75 as well as on pilot projects and technical assistance projects in third countries. He or she shall have access to all information concerning respect for fundamental rights in all the activities of the Agency.
Amendment 1490 #
3 a. The fundamental rights officer shall be assisted by a deputy fundamental rights officer. If the fundamental rights officer is absent or indisposed, the deputy fundamental rights officer shall take his or her place.
Amendment 1492 #
Proposal for a regulation
Article 107 – paragraph 3 b (new)
Article 107 – paragraph 3 b (new)
3 b. The fundamental rights officer shall be provided with the resources and staff with the skills and seniority commensurate to the expansion of activities and powers of the Agency and necessary to enable him or her to effectively perform the variety of tasks in accordance with this Regulation. Any regular or extraordinary assignment of staff to the Agency shall be accompanied with the proportional allocation of staff to support the fundamental rights officer. Staff allocated to the fundamental rights officer shall report only to him or her.
Amendment 1494 #
Proposal for a regulation
Article 107 – paragraph 3 c (new)
Article 107 – paragraph 3 c (new)
3 c. The Fundamental Rights Officer shall be tasked to present an annual report on the work of the Agency's Fundamental Rights Office. The report shall be communicated to the Executive Director, the Agency's Management Board and Consultative Forum, the European Parliament, the Council and the European Commission.
Amendment 1495 #
Proposal for a regulation
Article 107 – paragraph 3 c (new)
Article 107 – paragraph 3 c (new)
3 c. The fundamental rights officer shall annually present a public report about the main challenges and achievements in protecting fundamental rights within the Agency. The report shall also include information on the complaints mechanism as referred to in Article 108 (9) of this Regulation.
Amendment 1498 #
Proposal for a regulation
Article 108 – paragraph 1
Article 108 – paragraph 1
1. The Agency shall, in cooperation with the fFundamental rRights oOfficer, take the necessary measures to set up an independent, impartial and effective complaints mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency.
Amendment 1504 #
Proposal for a regulation
Article 108 – paragraph 2
Article 108 – paragraph 2
2. Any person who is directly affected by the actions and omissions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support team deployment, joint return operation or return intervention and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any party representing such a person or in the public interest, may submit a complaint in writing to the Agency.
Amendment 1509 #
Proposal for a regulation
Article 108 – paragraph 3
Article 108 – paragraph 3
3. Only substantiated complaints involving concrete fundamental rights violations shall be admissibleComplaints which are ill founded, malicious, frivolous, vexatious, hypothetical or unidentifiable shall be excluded from the complaint mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant.
Amendment 1513 #
Proposal for a regulation
Article 108 – paragraph 4
Article 108 – paragraph 4
4. The fFundamental rRights oOfficer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the fFundamental rRights oOfficer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the eExecutive dDirector, forwar and complaints concerning members of the teams to the home Member State, informcluding the relevant authority or body competent for fundamental rights in a Member State, andwithin a specified time. The Fundamental Rights Officer shall also register and ensure the follow-up by the Agency or that Member State concerned.
Amendment 1520 #
Proposal for a regulation
Article 108 – paragraph 5 – subparagraph 1
Article 108 – paragraph 5 – subparagraph 1
In accordance with the right to good administration, if a complaint is admissible, complainants shall be informed that a complaint has been registered, that an assessment has been initiated and that a response may be expected as soon as it becomes available. If a complaint is forwarded to national authorities or bodies, the complainant shall be provided with their contact details. If a complaint is not declared inadmissible, complainants shall be informed of the reasons and, if possible, provided with further options for addressing their concerns. Complainants shall be granted the possibility to appeal an inadmissibility decision to the European Ombudsman.
Amendment 1523 #
Proposal for a regulation
Article 108 – paragraph 6 – subparagraph 1
Article 108 – paragraph 6 – subparagraph 1
In the case of a registered complaint concerning a staff member of the Agency, the executive directoFundamental Rights Officer shall ensure appropriate follow-up, in consultation with the fcluding recommending disciplinary measures to the Executive Director, and referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The Executive Director shall report back to the Fundamental rRights oOfficer, including disciplinary measures as necessary. The executive director shall report back within a determined timeframe regarding the implementation of disciplinary measures within a determined timeframe, and if necessary, at regular intervals thereafter. In the case of civil or criminal justice proceedings, the relevant Member State shall report back to the fFundamental rRights oOfficer as to the findings and follow- up made by the Agency in response to a complaint, including disciplinary measures ato a complaint within a determined timeframe, and if necessary, at regular intervals thereafter. In case the relevant Member State does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is nrecessary. ived to the letter.
Amendment 1527 #
Where the executive director decides not to follow the recommendation, he or she shall provide the reasons for such derogation to the fundamental rights officer without delay.
Amendment 1528 #
Proposal for a regulation
Article 108 – paragraph 6 – subparagraph 2
Article 108 – paragraph 6 – subparagraph 2
If a complaint is related to data protection issues, the executive director shall involve theconsult the Agency's data protection officer of the Agencybefore taking his or her decision on the complaint. The fundamental rights officer and the data protection officer shall establish, in writing, a memorandum of understanding specifying their division of tasks and cooperation as regards complaints received.
Amendment 1530 #
Proposal for a regulation
Article 108 – paragraph 7
Article 108 – paragraph 7
7. If a complaint isn case of a registered thacomplaint concerns a team membering a border guard of a host Member State or a team member from other participating Member States, including a seconded members of the teams or seconded national experts, the home Member State shall ensure appropriate follow-up, including disciplinary measures and referral to civil or criminal justice procedures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the fFundamental rRights oOfficer as to the findings and follow-up made in response to theto a complaint within a determined time period, and if necessary, at regular intervals thereafter. The Agency shall follow-up the matter if no reportIn case the relevant Member State does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter. The Agency may suspend the deployment of that team member and financing of such deployment under Article 61 until ist receiveds a report from the relevant Member State.
Amendment 1542 #
Proposal for a regulation
Article 108 – paragraph 9
Article 108 – paragraph 9
9. The fFundamental rRights oOfficer shall report to the executive director and to the management board a, as part of her or his annual report on the work of the Agency's Fundamental Rights Office, include specific references to the Agency's and Member States' findings and follow-ups made in response to complaints. The Agency shall include information on the complaints mechanism in its annual report.
Amendment 1552 #
Proposal for a regulation
Article 111 – paragraph 1 – point c
Article 111 – paragraph 1 – point c
Amendment 1555 #
Proposal for a regulation
Article 116 – paragraph 1 – subparagraph 1 – introductory part
Article 116 – paragraph 1 – subparagraph 1 – introductory part
Amendment 1568 #
Proposal for a regulation
Article 119 – paragraph 3
Article 119 – paragraph 3
3. Joint Action 98/700/JHA is repealed with effect from the date of the effective implementation of the system referred to in Article 80, to be decided by an implementing act adopted in accordance with the procedures referred to in the Article 117 and adopted no later than two years after the entry into force of this Regulation.
Amendment 1575 #
Proposal for a regulation
Annex II – point 2
Annex II – point 2
Amendment 1576 #
Proposal for a regulation
Annex II – point 3
Annex II – point 3
Amendment 1577 #
Proposal for a regulation
Annex II – point 4
Annex II – point 4
Amendment 1579 #
Proposal for a regulation
Annex II – point 5
Annex II – point 5