115 Amendments of Nicolas BAY related to 2018/0330(COD)
Amendment 126 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Border and Coast Guard and repealing Council Joint Action n°98/700/JHA, Regulation (EU) n° 1052/2013 of the European Parliament and of the Council, Regulation (EU) n° 656/2014 of the European Parliament and of the Council and Regulation (EU) n° 2016/1624 of the European Parliament and of the Council A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Amendment 136 #
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 of the multiannual strategic policy cycle for implementation of European integrated border management, to oversee the effectivmonitor the 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 145 #
Proposal for a regulation
Recital 5
Recital 5
(5) However, the Union’s framework in the area of control of external borders, 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 reformed 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 return of irregular llegal immigrants.
Amendment 148 #
Proposal for a regulation
Recital 6
Recital 6
(6) In its conclusions of 28 June 2018, the European Council called for strengthening further the supportive role of the European Border and Coast Guard Agency, including in the cooperation with third countries, through increased resources and an enhanced mandate, with a view to ensure the effective control of the external borders and significantly stepping up the effective return of irregular llegal immigrants.
Amendment 153 #
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 the European Border and Coast Guard and to further expand the mandate of the European Border and Coast Guard Agency. The Agency should be constituted principally by a European Border and Coast Guard standing corps consisting of 10,000 operational staff.
Amendment 157 #
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 180 #
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, and the Convention for the Protection of Human Rights and Fundamental Freedoms and other relevant international instruments.
Amendment 181 #
Proposal for a regulation
Recital 17
Recital 17
(17) The implementation of this Regulation does not affectimplies the repeal of Regulation (EU) No 656/2014 of the European Parliament and of the Council18 . _________________ 18 Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 189, 27.6.2014, 9. p.93).
Amendment 213 #
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 unauthorisedillegal border crossings, trafficking in human beings, terrorism and threats of a hybrid nature, as well as the situation in relevant 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 219 #
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 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 unauthorisedillegal 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).
Amendment 224 #
Proposal for a regulation
Recital 36
Recital 36
(36) The Agency should carry out a vulnerability assessment based on objective criteria, to assess the capacity and readiness of the Member States to face challenges at their external borders and to contribute to the European Border and Coast Guard standing corps and technical equipment pool. The vulnerability assessment should include an assessment of the equipment, infrastructure, staff, budget and financial resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take measures to address any deficiencies identified in that assessment. The executive director should identify the measures to be taken and recommend them to the Member State concerned. The executive director should also set a time-limit within which those measures should be taken and closely monitor their timely implementation. Where the necessary measures are not taken within the set time-limit, the matter should be referred to the management board for a further decision.
Amendment 241 #
Proposal for a regulation
Recital 41
Recital 41
(41) In cases where there is a specific and disproportionate challenge at the external borders, the Agency should, at the request of a Member State or on its own initiative, organise and coordinate rapid border interventions and deploy both teams from the European Border and Coast Guard standing corps and technical equipment, including from the Rapid Reaction Equipment Pool. Rapid border interventions should provide reinforcement for a limitn agreed period of time in situations where an immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make operational staff of the European Border and Coast Guard standing corps available to form relevant teams and provide the necessary technical equipment. The Agency and the Member State concerned should agree upon an operational plan.
Amendment 275 #
Proposal for a regulation
Recital 49
Recital 49
(49) When justified by the results of the vulnerability assessment, risk analysis or when a critical impact is attributed to one or more border sections, the executive Director of the Agency should recommend to the Member State concerned to initiate and carry out joint operations or rapid border interventions.
Amendment 279 #
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 deemed 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 Commissionuncil should identify 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 Commissionuncil decision. An operational plan should be drawn up by the Agency together with the Member State concerned. The Member State concerned should facilitate the implementation of the Commission decision and the operational plan by implementing among others its obligations provided for in Articles 44, 83 and 84. If a Member State does not comply within 30 days with that Commission 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 286 #
Proposal for a regulation
Recital 51
Recital 51
(51) The European Border and Coast Guard standing corps should be a standing corps composed of 10,000 operational staff being border guards, return escorts, return specialists and other relevant staff. The standing corps should be composed of three categories of operational staff, namely statutory staff members employed by the European Border and Coast Guard Agency, staff seconded to the Agency by the Member States for long term durations and staff provided by Member States for short term deployments. The European Border and Coast Guard standing corps should be deployed in the framework of border management teams, migration management support teams or return teams.
Amendment 291 #
Proposal for a regulation
Recital 53
Recital 53
(53) Member States should ensure their respective minimum contributions to the European Border and Coast Guard standing corps in accordance with Annexe III for long term secondments and Annex IV for short term deployments. The individual contributions of Member States have been established based on the distribution key agreed during the negotiations in 2016 for the Rapid Reaction Pool and set out in Annex I to Regulation (EU) 2016/1624.This distribution key was proportionally adapted to the size of the European Border and Coast Guard standing corps. These contributions were also set up. The individual contributions of Member States should be set up by the Council based on the needs identified in the multiannual strategic policy cycle and in a proportionate way for the Schengen associated countries.
Amendment 326 #
Proposal for a regulation
Recital 71
Recital 71
(71) The Agency should also provide technical and operational assistance to return activities of third countries, in particular when such assistance is justified by the priorities of the irregular llegal immigration policy of the Union.
Amendment 354 #
Proposal for a regulation
Recital 88
Recital 88
Amendment 371 #
Proposal for a regulation
Recital 101
Recital 101
Amendment 377 #
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 managementanagement of immigration coming from third countries.
Amendment 381 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Regulation addresses migratory challengesissues raised by immigration, 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 404 #
(19) ‘immigration 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, 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; (Linguistic amendment which applies throughout the text)
Amendment 431 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31 a (new)
Article 2 – paragraph 1 – point 31 a (new)
(31 a) 'principle of non-refoulement' means the prohibition of expulsion or return according to Article 33 of the 1951 Convention Relating to the Status of Refugees.
Amendment 432 #
Proposal for a regulation
Article 3 – title
Article 3 – title
European Integrated External Border Management (This amendment applies throughout the text)
Amendment 441 #
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 andcarried out at the orders of the host Member State, in accordance with international law, taking place in situations which may arise during border surveillance operations at seaoperations at sea provided by this Regulation;
Amendment 460 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) The Agency shall include the European Border and Coast Guard standing corps of 10 000 operational staff as referred to in Article 55.
Amendment 488 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) The Commission and the European Border and Coast Guarduncil shall ensure the effectiveness of European Integrated Border Management through a multiannual strategic policy cycle for the European Integrated Border Management.
Amendment 493 #
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), the 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 and the vulnerability assessment referred to in Article 33, the Commission shall submit to the Council a proposal for a decision on a multiannual strategic policy for European Integrated Border Management. The Council may amend the Commission’s proposal and adopt the amended text as a Council decision. That decision 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 499 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
(5) In order to implement the delegated actcision referred to in paragraph 4, the Agency shall, by decision of the management board, based on a proposal of the executive director, establish a technical and operational strategy for European integrated border management. The Agency shall take into account, where justified, the specific situation of the Member States, in particular their geographical location. This strategy shall be in line with Article 3 and the delegated actcision referred to in paragraph 4. It shall promote and support the implementation of European Integrated Border Management in all Member States.
Amendment 502 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
(6) In order to implement the delegated actcision referred to in paragraph 4, the Member States shall establish their national strategies for integrated border management through close cooperation between all national authorities responsible for the management of borders and return. Those national strategies shall be in line with Article 3, the delegated actcision referred to in paragraph 4 and the technical and operational strategy referred to in paragraph 5.
Amendment 504 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
(7) Forty-two months after the adoption of the delegated actcision referred to in paragraph 4, the Commission shall carry out, with the support of the Agency, a thorough evaluation of its implementation. The results of the evaluation shall be communicated to the Council and the Parliament, and taken into account for the preparation of the following cycle.
Amendment 507 #
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 submit to the Council a proposal for a decision amending the multiannual strategic policy for European Integrated Border Management in accordance with the procedure set out in paragraph 4. The Council may amend the Commission’s proposal and adopt the amended text as a Council decision. Also the strategies mentioned in paragraph 5 and 6 shall be adapted where needed.
Amendment 511 #
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 GuardMember States shall establish an integrated planning for border management and returns.
Amendment 540 #
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 Regulation (EU) No 656/2014 andrequired by the host Member States in accordance with international law, in support of search and rescue operations for persons in distress at sea which may arise during border surveillance operations at seaoperations at sea carried out according to this Regulation;
Amendment 556 #
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 llegal immigrants, including, coordination or organisation of return operations;
Amendment 629 #
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 unauthorisedillegal 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 immigrants.
Amendment 631 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
(2) EUROSUR shall not apply to any legal or administrative measure taken once the responsible authorities of a Member State have intercepted cross-border criminal activities or unauthorisedillegal crossings by persons of the external borders.
Amendment 643 #
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 unauthorisedillegal external border crossings, and cross-border crime, and the detection of unauthorised secondary movements;
Amendment 651 #
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 719 #
Proposal for a regulation
Article 33 – paragraph -1 (new)
Article 33 – paragraph -1 (new)
-1. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and challenges at the external borders; to identify, especially for those Member States facing specific and disproportionate challenges, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area; and to assess their capacity to contribute to the European Border and Coast Guard standing corps and Technical Equipment Pool, including the Rapid Reaction Equipment Pool. For the purpose of vulnerability assessment, in the Member States to which the Schengen acquis applies in full as well as in Member States to which, in accordance with the relevant Protocols annexed to the TEU and to the TFEU, the Schengen acquis applies in part, the Schengen evaluation mechanism established by Regulation (EU) No 1053/2013 shall apply. In the remaining Member States, the provisions referred to this Article shall apply. (Paragraph 4 is moved as first paragraph of the Article.)
Amendment 729 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 741 #
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
7. When necessary the executive director shall, in consultation with the Member State concerned, make a recommendation setting outuggesting the necessary measures to be taken by the Member State concerned and the time limit within which such measures shall be implemented. The executive director shall invite the Member States concerned to take the necessary measures based on an action plan developed by the Member State in consultation with the executive director.
Amendment 753 #
Proposal for a regulation
Article 33 – paragraph 9 – subparagraph 1
Article 33 – paragraph 9 – subparagraph 1
The Executive Director shall monitor the implementation of the recommendations by means of regular reports submitted by the Member States based on the action plans referred to in paragraph 7 of this Articland offer support by the Agency to facilitate the implementation of the measure.
Amendment 754 #
Proposal for a regulation
Article 33 – paragraph 9 – subparagraph 2
Article 33 – paragraph 9 – subparagraph 2
Amendment 761 #
Proposal for a regulation
Article 33 – paragraph 10
Article 33 – paragraph 10
10. Where a Member State does not implement the necessary measures of the recommendation within the time limit referred to in paragraph 7 of this Article, the executive director shall refer the matter to the management board and notify the Commission. The management board shall adopt a decision on a proposal of the executive director setting out the necessary measures to be taken by the Member State concerned and the time limit within which such measures shall be implemented. TThe executive director shall report to the Council and the Commission as regards the implementation of the measures suggested in the drecision of the management board shall be binding on the Member State. If the Member State does not implement the measures within the time limit foreseen in that decision, the management board shall notify the Council and the Commission and further action may be taken in accordance withommendation referred to in paragraph 7 of this Article 43.
Amendment 805 #
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 the technical and operational assistance torequired by 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 seaoperations at sea carried out according to this Regulation;
Amendment 815 #
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 challengethreats, including illegal immigration, present or future threats at its external borders or cross-border crime, or to provide increased technical and operational assistance when implementing its obligations with regard to the control of the external borders.
Amendment 817 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. At the request of a Member State faced with a situation of specific and disproportionate challenges, especially the arrival at points of the external borders of large numbers of third-country nationals trying to enter the territory of that Member State without authorisation, the Agency may deploy a rapid border intervention for a limitn agreed period of time on the territory of that host Member State.
Amendment 822 #
Proposal for a regulation
Article 39 – paragraph 3 – point d
Article 39 – paragraph 3 – point d
(d) a description of the tasks, powers, responsibilities, including with regard to the respect for fundamental rights, and special instructions for the teams, including on permissible consultation of databases and permissible service weapons, ammunition and equipment in the host Member State;
Amendment 834 #
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 1
Article 41 – paragraph 1 – subparagraph 1
Migration management support teams may be deployed, at the request of a Member State, or upon the initiative of the Agency and with the agreement of the Member State concerned, to provide technical and operational reinforcement to that Member State, in particular at hotspot areas and controlled centres.
Amendment 844 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. The Commissionhost Member State shall, in cooperation with the host Member StateCommission and the relevant Union agencies, establish the terms of cooperation for the deployment of the migration management support teams as well as the deployment of technical equipment, and shall be responsible for the coordination of the activities of those teams.
Amendment 863 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The executive director shall, based on the results of the vulnerability assessment or when a critical 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 868 #
Proposal for a regulation
Article 43 – title
Article 43 – title
Situation at the external borders requiring urgent actionimperative and urgent action (This amendment applies throughout the text)
Amendment 873 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point a
Article 43 – paragraph 1 – subparagraph 1 – point a
Amendment 876 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point b
Article 43 – paragraph 1 – subparagraph 1 – point b
(b) a Member State facing specific and disproportionate challenges at the external borders has either not requested sufficient support from the Agency under Article 38, Article 40, Article 41, Article 42 or is not taking the necessary steps to implement actions under thosen imperative and urgent action is deemed indispensable as a result of the negative reply of a Member State according to Articles 42(2),
Amendment 879 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
the Council, upon proposal by the Commission, and after consulting the Agency, 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.
Amendment 890 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 3
Article 43 – paragraph 1 – subparagraph 3
Amendment 898 #
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 913 #
4. The executive director shall, within two working days from the date of adoption of the Commissionuncil decision referred to in paragraph 1,
Amendment 941 #
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.
Amendment 946 #
Proposal for a regulation
Article 43 – paragraph 9 – subparagraph 2
Article 43 – paragraph 9 – subparagraph 2
Amendment 961 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The executive director shall terminathost Member State shall dispose for the termination of the activities of the Agency if the conditions to conduct those activities are no longer fulfilled. The executive director shall inform the Member State concerned prior and shall communicate to the executive director such termination.
Amendment 964 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. TIf the conditions to conduct those activities are no longer fulfilled, the Member States participating in a joint operation, rapid border intervention or migration management support team deployment may request that the executive directorhost Member State disposes for the suspension or the terminateion of that joint operation, or rapid border intervention or migration management support team deployment.
Amendment 965 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 973 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. If the executive directorhost Member State decides to suspend or terminate deployment by the Agency of a migration management support team, the or sheexecutive director shall inform the other relevant agencies active in that hotspot area or controlled centre of that decision.
Amendment 992 #
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
Amendment 1027 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Without prejudice to the competences of Member States as regards issuing return decisions and without entering into the merits of returnsuch decisions, the Agency shall provide technical and operational assistance and ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations or organising returns on scheduled flights. The Agency may, on its own initiative coordinate or organise return operations.
Amendment 1046 #
Proposal for a regulation
Article 51 – paragraph 6
Article 51 – paragraph 6
6. The executive director shall evaluate the results of the return operations and shall transmit every six months a detailed evaluation report covering all return operations conducted in the previous semester to the Council, to the Parliament and to the management board, together with the observations of the fundamental rights officer. The executive director shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future return operations. The executive director shall include that analysis in the Agency's annual activity report.
Amendment 1086 #
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
1. A European Border and Coast Guard standing corps of 10 000 operational staff shall be part of the Agency. This standing corps shall be composed of the following three categories of staff in accordance with the annual availability scheme set in Annex I:
Amendment 1092 #
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 1 (new)
Article 55 – paragraph 1 – subparagraph 1 (new)
In conjunction with the submission of the proposal for a decision referred to in Article 8(4), the Commission shall submit to the Council a proposal for a decision determining the annual plan of availability for each of the three categories of staff of the European Border and Coast Guard standing corps for the time period corresponding to the strategic political cycle. The Council, acting by a qualified majority, may amend the Commission proposal and adopt the text as amended in the form of a Council decision.
Amendment 1099 #
Proposal for a regulation
Article 55 – paragraph 4 – introductory part
Article 55 – paragraph 4 – introductory part
4. OFollowing the Council decision referred to in paragraph 1, on a proposal by the executive director taking into account the Agency's risk analysis, the results of the vulnerability assessment and the multiannual strategic policy cycle, and building on the numbers and profiles available to the Agency through its statutory staff and ongoing secondments, the management board shall decide by 31 March of each year:
Amendment 1104 #
Proposal for a regulation
Article 55 – paragraph 6
Article 55 – paragraph 6
6. TWithin its statutory staff (Category 1), the Agency may recruit up to 4% of the total number of the European Border and Coast Guard standing corps as staff having supportive functions for the establishment of the standing Corps, planning and management of its operations and for the acquisition of the Agency's own equipment.
Amendment 1113 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Each Member State shall be responsible to ensure continuous contributions of operational staff as seconded team members in accordance withCouncil decision referred to in Article 55(1) shall determine the annual contributions of operational staff that each Member State shall be responsible to ensure as seconded team. Such contributions shall not go under those determined in Annex III.
Amendment 1120 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. In addition to the secondments in accordance with Article 57, by 30 June of each year, the Member States shall also contribute to the European Border and Coast Guard standing corps by nominating border guards and other relevant staff to the national list of operational staff for short-term deployments (Category 3) in accordance with the contributions indicated in Annex IVCouncil decision referred to in Article 55(1) and in accordance with the specific numbers of profiles decided by the Management Board for the following year as referred to in Article 55(4). The national lists of nominated operational staff shall be communicated to the Agency. The payment of the costs incurred by staff deployed under this Article shall be made in accordance with the provisions of Article 46(2).
Amendment 1163 #
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 1
Article 63 – paragraph 2 – subparagraph 1
Amendment 1165 #
Proposal for a regulation
Article 63 – paragraph 6
Article 63 – paragraph 6
6. Where the Agency does not have the required qualified statutory staff, the Member State of registration or the supplier of technical equipment shall provide the necessary experts and technical crew to operate the technical equipment in a legally sound and safe manner. Such experts and technical crew shall count as part of the contribution of that particular Member State to the European Border and Coast Guard standing corps. In such case, technical equipment owned solely by the Agency shall be made available to the Agency upon its request and the Member State of registration may not invoke the exceptional situation referred to in Article 64(8).
Amendment 1179 #
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. The Agency provides assistance to the Member States according to Article 7. 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 1196 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k
Article 69 – paragraph 1 – subparagraph 2 – point k
Amendment 1229 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. The Agency and Member States shall comply with Union law, including norms and standards which form part of the Union acquis, also when cooperation with third countries takes place on the territory of those countries.
Amendment 1236 #
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 1245 #
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
4. Where available, it shall also act within the framework of working arrangements concluded with those authorities in accordance with Union law and policy, in accordance with 77(6). Those working arrangements shall specify the scope, nature and purpose of the cooperation and be related to the management of operational cooperation and may include provisions concerning the exchange of sensitive non-classified information and cooperation in the framework of EUROSUR in accordance with Article 75 (3). Any working arrangements on exchanging classified information shall be concluded in accordance with Article 77(6). The Agency shall comply with Union law, including norms and standards, which form part of the Union acquis.
Amendment 1257 #
Proposal for a regulation
Article 75 – paragraph 4
Article 75 – paragraph 4
4. The Agency may provide assistance to return activities of third countries and ensure the coordination or the organisation of return operations, during which a number of returnees are returned from this third country to another third country. Such return operations may be organised with participation of one or more Member States (‘mixed return operations’) or as national return operations, in particular when this is justified by the priorities of the irregular llegal immigration policy of the Union. The participating Member States and the Agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the whole removal operation, notably with the presence of forced return monitors and of third-country forced return escorts.
Amendment 1283 #
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.
Amendment 1289 #
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. 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 1297 #
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. In performing of its tasks, the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to, or otherwise handed over or returned to, the authorities of a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle.
Amendment 1299 #
Proposal for a regulation
Article 81 – paragraph 3 – subparagraph 1
Article 81 – paragraph 3 – subparagraph 1
In performing of its tasks the European Border and Coast Guard shall take into account the special needs of children, unaccompanied minors, persons with disabilities, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, and persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 1307 #
3. Without prejudice to Article 94(1) as regards statutory staff of the Agency, members of the teams may only perform tasks and exercise powers under direct instructions from and, as a general rule, in the presence of border guards or staff involved in return- related tasks of the host Member State. The host Member State may authorise members of the teams to actMembers of the teams shall act solely upon mandate of the host Member State and on its behalf.
Amendment 1308 #
Proposal for a regulation
Article 83 – paragraph 4 – subparagraph 1
Article 83 – paragraph 4 – subparagraph 1
Members of the teams deployed from the Agency’s statutory operational staff or deployed following secondment for aboth long- term and short- term duration to the Agency by the Member States shall wear, where appropriate, the uniform of the European Border and Cost Guard standing corps while performing their tasks and exercising their powers. Members of the teams deployed from Member States for a short duration shall wear, where appropriate, their own uniform while performing their tasks and exercising their powers.
Amendment 1311 #
Proposal for a regulation
Article 83 – paragraph 4 – subparagraph 2
Article 83 – paragraph 4 – subparagraph 2
All the members of the teams shall also wear visible personal identification and a blue armband with the insignias of the Union and of the Agency on their uniforms, identifying them as participating in a joint operation, migration management support team deployment, pilot project, rapid border intervention, return operation or return intervention. For the purposes of identification vis-à-vis the national authorities of the host Member State, members of the teams shall at all times carry an accreditation document, which they shall present upon request.
Amendment 1314 #
Proposal for a regulation
Article 83 – paragraph 4 – subparagraph 3
Article 83 – paragraph 4 – subparagraph 3
Amendment 1318 #
Proposal for a regulation
Article 83 – paragraph 6
Article 83 – paragraph 6
6. While performing their tasks and exercising their powers, members of the teams shall be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State or, for the Agency's staff with the consent of the Agency and the host Member State, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State. The host Member State may, with the consent of the home Member State or the Agency where appropriate authorise members of the teams to use force in the absence of border guards of the host Member State.
Amendment 1325 #
Proposal for a regulation
Article 83 – paragraph 9
Article 83 – paragraph 9
9. Decisions to refuse entry in accordance with Article 14 of Regulation (EU) 2016/399 shall be taken only by border guards of the host Member State or by the members of the teams if expressly authorised by the host Member State to act on its behalf.
Amendment 1327 #
Proposal for a regulation
Article 84 – paragraph 1 – introductory part
Article 84 – paragraph 1 – introductory part
1. The Agency shall, in cooperation with the host Member State, issue a document in the official languages of the host Member State and at least another official language of the institutions of the Union to the members of the teams for the purpose of identifying them and as proof of the holder's rights to perform tasks and exercise powers as referred to in Article 83. The document shall include the following features of each member of the teams:
Amendment 1459 #
Proposal for a regulation
Article 106
Article 106
Amendment 1472 #
Proposal for a regulation
Article 107
Article 107
Amendment 1496 #
Proposal for a regulation
Article 108 – title
Article 108 – title
Complaints mechanism
Amendment 1497 #
Proposal for a regulation
Article 108 – paragraph 1
Article 108 – paragraph 1
1. The Agency shall, in cooperation with the fundamental rights officer, take the necessary measures to set up a complaints mechanism in accordance with this Article take the necessary measures to monitor and ensure the respect for fundamental rights in all the activities of the Agency under this Regulation.
Amendment 1503 #
Proposal for a regulation
Article 108 – paragraph 2
Article 108 – paragraph 2
2. Any person who is directly affected by the actions 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, may submit a complaint in writing to the Agency may submit a complaint to the judicial authority competent for the territory where such activities have been carried out, in accordance with the relevant national law.
Amendment 1507 #
Proposal for a regulation
Article 108 – paragraph 3
Article 108 – paragraph 3
Amendment 1512 #
Proposal for a regulation
Article 108 – paragraph 4
Article 108 – paragraph 4
Amendment 1518 #
Proposal for a regulation
Article 108 – paragraph 5
Article 108 – paragraph 5
Amendment 1522 #
Proposal for a regulation
Article 108 – paragraph 6
Article 108 – paragraph 6
Amendment 1529 #
Proposal for a regulation
Article 108 – paragraph 7
Article 108 – paragraph 7
Amendment 1534 #
Proposal for a regulation
Article 108 – paragraph 8
Article 108 – paragraph 8
Amendment 1538 #
Proposal for a regulation
Article 108 – paragraph 9
Article 108 – paragraph 9
Amendment 1543 #
Proposal for a regulation
Article 108 – paragraph 10
Article 108 – paragraph 10
Amendment 1548 #
Proposal for a regulation
Article 108 – paragraph 11
Article 108 – paragraph 11
Amendment 1566 #
Proposal for a regulation
Article 118
Article 118
Amendment 1567 #
Proposal for a regulation
Article 119 – paragraph 1
Article 119 – paragraph 1
1. Regulations (EU) No 1052/2013 isand (EU) No 656/2014 are repealed.
Amendment 1570 #
Proposal for a regulation
Annex I
Annex I
Amendment 1580 #
Proposal for a regulation
Annex II – point 6
Annex II – point 6
6. border surveillance including patrolling between border crossing points to prevent unauthorisedillegal border crossings, to counter cross-border criminality and to take measures against persons who have crossed the border illegally, including interception/apprehension;
Amendment 1581 #
Proposal for a regulation
Annex II – point 7
Annex II – point 7
7. register fingerprints of persons apprehended in connection with the irregularllegal crossing of an external border in EURODAC (category 2) in accordance with Chapter III of the EURODAC Regulation;
Amendment 1583 #
Proposal for a regulation
Annex III – title
Annex III – title
Table with annual contributions of Table with minimum contributions of Member States to be provided to the Member States to be provided to the European Border and Coast Guard standing European Border and Coast Guard standing corps through the long term secondment of corps through the long term secondment of operational staff in accordance with Article operational staff in accordance with Article 57 57
Amendment 1586 #
Proposal for a regulation
Annex IV
Annex IV
Annual contributions of Member States to deleted the EBCG standing corps for short term deployments of operational staff in accordance with Article 58 [...] (*) Liechtenstein will contribute through proportional financial support.
Amendment 1595 #
Proposal for a regulation
Annex V – part 3 – paragraph 8
Annex V – part 3 – paragraph 8
Any person may report suspected breaches by the Agency's statutory operational staff of the rules on the use of force applicable under this Annex under the complaint mechanism provided for inaccording to Article 1078.