144 Amendments of Laura FERRARA related to 2018/0330(COD)
Amendment 128 #
Proposal for a regulation
Recital 1
Recital 1
(1) The objective of Union policy in the field of external border management is to develop and implement European Integrated Border Management at national and Union level, which is a necessary corollary to the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice. European Integrated Border Management is central to improving migration management. The aim is to manage the crossing of the external borders efficiently and address migratory challenges and potential future threats at those borders, therebyshall be implemented in full compliance with the principle of subsidiarity and national prerogatives concerning the management of national external borders. The aim is to manage the external borders efficiently, contributing to addressing serious crime with a cross- border dimension and ensuring a high level of internal security within the Union. At the same time, it is necessary to act in full respect for fundamental rights and in a manner that safeguards the free movement of persons within the Union.
Amendment 138 #
Proposal for a regulation
Recital 4
Recital 4
(4) Since the beginning of the migratory crisis in 2015, the Commission has taken up important initiatives to strengthen the protection of the Union borders. 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 negotiated in a record time during 2016. The Regulation on the European Border and Coast Guard Agency has entered into forced on 6 October 2016.
Amendment 140 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 151 #
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 principallyThe Agency should be assisted by a European Border and Coast Guard standing corps consisting of 10,0500 operational staff made available on a voluntary basis by Member States.
Amendment 154 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 163 #
Proposal for a regulation
Recital 10
Recital 10
(10) European Integrated Border Management should be implemented as a shared responsibility of the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks, and those responsible for returns. While Member States retain the primary responsibility for the management of their external borders in their interest and in the interest of all Member States and are responsible for issuing return decisions, the Agency should support the application of Union measures relating to the management of the external borders and returns by reinforcing, assessing and coordinating the actions of Member States which implement those measures.
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 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 184 #
Proposal for a regulation
Recital 18
Recital 18
(18) The Agency should carry out its tasks without prejudice tohile fully respecting the responsibilities and competence of the Member States with regard to maintaining law and order and safeguarding internal security.
Amendment 185 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Agency should carry out its tasks without prejudice to thehile fully respecting the responsibilities and competence of the Member States as regards defence.
Amendment 210 #
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 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 214 #
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 unauthorised crossings of the external borders, including trafficking in human beings or smuggling of migrants. That said,In line with Article 1(2) of Council Directive 2002/90/EC19 allows Member States not to impose, the Agency shall remind Member States of potential fundamental rights implications when they consider imposing 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 223 #
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 whichThe executive director, in agreement with the competent authorities of the Member State concerned, shall identify those measures should be taken andand shall 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 229 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 237 #
Proposal for a regulation
Recital 40
Recital 40
(40) The Agency should organisbe able to provide the appropriate technical and operational assistance to Member States in order to reinforce their capacity to implement their obligationtasks with regard to the control of the external borders and to face challenges at the external borders resulting from illegal 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 239 #
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 limited 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 253 #
Proposal for a regulation
Recital 44
Recital 44
(44) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In that respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows. That support is possible through the establishment of controlled centres where third-country nationals disembarked in the Union could be rapidly processed to ensure access to protection and assistance of those in need, with swift returns for those who are not. Whereas controlled centres are to be established on a voluntary basis, it should be possible for the Union to provide the Member States in question with full financial and operational support through the relevant Union Agencies including the European Border and Coast Guard Agency. The Commission, in cooperation with the relevant Union agencies, should ensure that activities in controlled centres comply with relevant Union law.
Amendment 256 #
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 and who are not entitled to other grounds to stay under EU and international law. 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 261 #
Proposal for a regulation
Recital 46
Recital 46
(46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of experts from the staff of the Agency and experts seconded by the Member States, and experts of the staff of/or Member States' experts deployed by, the [European Agency for Asylum], Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies. The Commission should ensure the necessary coordination in the assessment of needs and operations on the ground in view of the involvement of various Union agencies.
Amendment 272 #
Proposal for a regulation
Recital 48
Recital 48
(48) In controlled centres, Union agencies should, at the request of the Member State hosting such centres and under the coordination of the Commission, act in support of the host Member State to apply rapid procedures for international protection and/or return. In such centres, it should be possible to distinguish quickly between third-country nationals in need of international protection and those who are not in need of such protection, to carry out security checks and to carry out the entire or part of the procedure for return. Asylum seekers shall be admitted to the Member State’s territory for consideration of the request for international protection and/or return.
Amendment 276 #
Proposal for a regulation
Recital 49
Recital 49
(49) When justified by the results of the vulnerability assessment, or risk analysis or when a critical impact is attributed to one or more border sections, the executive Director of the Agency should recommendpropose to the Member State concerned tohat it initiate and carry out joint operations or rapid border interventions. The Member State concerned shall decide whether to accept the Agency’s support.
Amendment 277 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 285 #
Proposal for a regulation
Recital 51
Recital 51
(51) The European Border and Coast Guard standing corps should be a standing corps composed of 10,0500 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 290 #
Proposal for a regulation
Recital 53
Recital 53
(53) Member States should ensure their respective 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 cContributions ofby 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 in a proportionate way for the Schengen associated countriesto the standing corps should be considered to be voluntary.
Amendment 294 #
Proposal for a regulation
Recital 55
Recital 55
(55) The long-term development of human resources to secure the contributions of the Member States to the European and Border Guard standing corps should be supported by a financial support system. For this purpose, it is appropriate to authorise the Agency to use the award of grants to the Member States without a call for proposals under 'financing not linked to costs' in accordance with Article 125 (1) (a) of Regulation (EU, Euratom) 2018/1046. The financial support should enable Member States to hire and train additional staff to provide them with the necessary flexibility to comply with the mandatory contribution to the European and Border Guard standing corps. The dedicated financing system should strike a right balance between the risks of irregularities and fraud and costs of control. The Regulation sets the essential conditions triggering the financial support, namely the recruitment and training of the adequate number of border guards or other specialists corresponding to the number of officers seconded to the Agency for long term or the effective deployment of officers during the Agency's operational activities for at least 4 months. Given the lack of relevant and comparable data on actual costs across Member States, the development of a cost- based financing scheme would be overly complex and would not address the need for a simple, fast, efficient and effective financing scheme. For this purpose, it is appropriate to authorise the Agency to award grants to the Member States without a call for proposals in the form of 'financing not linked to costs' subject to the fulfilment of conditions in accordance with Article 125 (1) (a) of Regulation (EU, Euratom) 2018/1046. For the purpose of fixing the amount of such financing to different Member States, it is appropriate to use as as a reference amount the annual salary of contractual agent Function Group III grade 8 step 1 of the European Institutions modulated by a corrective coefficient per Member State in line with the sound financial management principle and in the spirit of equal treatment. When implementing this financial support, the Agency and Member States shall ensure the compliance with the principles of co- financing and no double funding.
Amendment 320 #
Proposal for a regulation
Recital 69
Recital 69
(69) The Agency should, in full respect for fundamental rights and without prejudice for the Member States’ responsibility for issuing return decisions, provide technical and operational assistance to Member States in the return process, including the preparation of return decisions, identification of third country nationals and other pre-return and return-related activities of the Member States. In addition, the Agency should assist Member States in the acquisition of travel documents for return, in cooperation with the authorities of the relevant third countries.
Amendment 330 #
Proposal for a regulation
Recital 73
Recital 73
Amendment 336 #
Proposal for a regulation
Recital 75
Recital 75
(75) Cooperation with third countries, following the conclusion of a status agreement between the Union and the third country concerned, is an element of European Integrated Border Management. It should serve to promote European border management and return standards, to exchange information and risk analysis, to facilitate the implementation of returns with a view to increasing their efficiency and to support third countries in the area of border management and migration, including the deployment of the European Border and Coast Guard standing corps when such support is required to protect external borders and the effective management of the Union’s migration policy.
Amendment 362 #
Proposal for a regulation
Recital 92
Recital 92
Amendment 364 #
Proposal for a regulation
Recital 93
Recital 93
Amendment 376 #
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 383 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Regulation addresses migratory challenges, including return,challenges at external borders 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 401 #
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, 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, the European Union Agency for Fundamental Rights or other relevant Union agencies as well as from Member States;
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 459 #
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 0500 operational staff as referred to in Article 55.
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 479 #
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 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 497 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
(4) Based on the strategic risk analysisThe multiannual strategic policy 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 acis decided by the Council and by the European Parliament. To this end, the Commission shall present, based on the strategic risk analysis for European Integrated Border Management referred to in Article 30(2), a multiannual strategic policy that shall define policy priorities and provide the strategic guidelines for the following four years in relation to the components set out in Article 3. This strategic framework shall be approved by the Council and the European Parliament.
Amendment 498 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 500 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 503 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 506 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
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 604 #
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 627 #
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 external 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 690 #
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 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 720 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The Agency shall, by decision of the management board, based on a proposal of the executive director, establish a common vulnerability assessment methodology. That methodology shall include objective criteria against which the Agency shall carry out the vulnerability assessment, the frequency of such assessments, and how consecutive vulnerability assessments are to be carried out and the modalities for an effective system for monitoring the implementation of the recommendations.
Amendment 721 #
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 otherwiseevery two years.
Amendment 731 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. 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. That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 739 #
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
Amendment 745 #
Proposal for a regulation
Article 33 – paragraph 8 – subparagraph 1
Article 33 – paragraph 8 – subparagraph 1
Amendment 750 #
Proposal for a regulation
Article 33 – paragraph 9
Article 33 – paragraph 9
Amendment 752 #
Proposal for a regulation
Article 33 – paragraph 9 – subparagraph 1
Article 33 – paragraph 9 – subparagraph 1
Amendment 756 #
Proposal for a regulation
Article 33 – paragraph 9 – subparagraph 2
Article 33 – paragraph 9 – subparagraph 2
Amendment 759 #
Proposal for a regulation
Article 33 – paragraph 10
Article 33 – paragraph 10
Amendment 776 #
Proposal for a regulation
Article 35 – paragraph 1 – point d
Article 35 – paragraph 1 – point d
Amendment 782 #
Proposal for a regulation
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
Amendment 784 #
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 787 #
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 790 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A Member State may request the Agency's assistance in implementing its obligations with regard to the control of the external borders. The Agency shall also carry out measures in accordance with Article 42 and Article 43.
Amendment 807 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The Agency shall finance or co- finance the activities referred to in paragraph 2 from its budget in accordance with the financial rules applicable to the Agency.
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 835 #
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 840 #
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
The 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, the European Union Agency for Fundamental Rights or other relevant Union agencies, as appropriate.
Amendment 849 #
Proposal for a regulation
Article 41 – paragraph 4 – point b
Article 41 – paragraph 4 – point b
(b) initial information to persons who wish to apply for international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation, 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 855 #
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, preparation and organisation of return operations, including with regard to voluntary returns;
Amendment 858 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The Agency shall cooperate with the [the European Union Agency for Asylum] to facilitate measures for the referral to the procedure for international protection and, for third country nationals whose application for international protection has been rejected by means of a final decision and who are not entitled to other grounds to stay in line with EU and international law, to the return procedure.
Amendment 860 #
Proposal for a regulation
Article 42
Article 42
Amendment 866 #
Proposal for a regulation
Article 43
Article 43
Amendment 869 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Amendment 870 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Amendment 871 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point a
Article 43 – paragraph 1 – subparagraph 1 – point a
Amendment 874 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point b
Article 43 – paragraph 1 – subparagraph 1 – point b
Amendment 877 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
Amendment 886 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 3
Article 43 – paragraph 1 – subparagraph 3
Amendment 892 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
Amendment 894 #
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
Amendment 900 #
Proposal for a regulation
Article 43 – paragraph 3 – point a
Article 43 – paragraph 3 – point a
Amendment 901 #
Proposal for a regulation
Article 43 – paragraph 3 – point b
Article 43 – paragraph 3 – point b
Amendment 903 #
Proposal for a regulation
Article 43 – paragraph 3 – point c
Article 43 – paragraph 3 – point c
Amendment 906 #
Proposal for a regulation
Article 43 – paragraph 3 – point d
Article 43 – paragraph 3 – point d
Amendment 907 #
Proposal for a regulation
Article 43 – paragraph 3 – point e
Article 43 – paragraph 3 – point e
Amendment 910 #
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
Amendment 917 #
Proposal for a regulation
Article 43 – paragraph 4 – point a
Article 43 – paragraph 4 – point a
Amendment 919 #
Proposal for a regulation
Article 43 – paragraph 4 – point b
Article 43 – paragraph 4 – point b
Amendment 922 #
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
Amendment 927 #
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
Amendment 932 #
Proposal for a regulation
Article 43 – paragraph 7
Article 43 – paragraph 7
Amendment 936 #
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
Amendment 943 #
Proposal for a regulation
Article 43 – paragraph 9
Article 43 – paragraph 9
Amendment 950 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. During deployment of border management teams, return teams and migration management support teams, including when cooperating with third countries, the host Member State shall issue instructions to the teams in accordance with the operational plan.
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 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 962 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The executive director shall terminate activities of the Agency iIf the conditions to conduct thosee Agency’s activities are no longer fulfilled. T, the executive director shall inform the Member State concerned prior to such terminationterminate those activities.
Amendment 986 #
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 995 #
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) develop a non-binding reference model for a return case management system prescribing the structure of national return management systems, as well as provide technical and operational assistance to Member States wishing to use this model, in developing national return management systems aligned with the model;
Amendment 998 #
Proposal for a regulation
Article 49 – paragraph 1 – point d
Article 49 – paragraph 1 – point d
(d) develop and operate a central system and a communication infrastructure betweenlinking the national return management systems of the Member States andwith the central system, as well as provide technical and operational assistance to Member States in connecting to the communication structure;
Amendment 1000 #
Proposal for a regulation
Article 49 – paragraph 1 – point e
Article 49 – paragraph 1 – point e
(e) provide technical and operational assistance to the Member States which expressly request it in the identification of third-country nationals and the acquisition of travel documents, including by means of consular cooperation, without disclosing information relating to the fact that an application for international protection has been made; organise and coordinate return operations and provide support with voluntary departures in cooperation with the Member States;
Amendment 1001 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
Amendment 1003 #
Proposal for a regulation
Article 49 – paragraph 2 – point a
Article 49 – paragraph 2 – point a
(a) providing interpreting services;
Amendment 1006 #
Proposal for a regulation
Article 49 – paragraph 2 – point b
Article 49 – paragraph 2 – point b
(b) providing 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 1008 #
Proposal for a regulation
Article 49 – paragraph 2 – point c
Article 49 – paragraph 2 – point c
Amendment 1013 #
Proposal for a regulation
Article 49 – paragraph 2 – point d
Article 49 – paragraph 2 – point d
(d) providing advice on and assistance in measures taken by Member States that are necessary to ensure the availability of returnees for return purposes and to prevent returnees from absconding, in accordance with Directive 2008/115/EC and international law;
Amendment 1016 #
Proposal for a regulation
Article 49 – paragraph 2 – point e
Article 49 – paragraph 2 – point e
(e) providing equipment, capacities and expertise for the implementation of return decisions and for the identification of third-country nationals.
Amendment 1028 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Without entering into the merits of return decisions, the Agency shall provide technical and operational assistance and ensure the coordination or the organisation ofto carry out 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 1042 #
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
3. The Agency may provide technical and operational assistance and, either at the request of the participating Member States or on its own initiative, ensure the coordination or the organisation of return operations for which the means of transport and forced-return escorts are provided by a third country of return (‘collecting return operations’). The participating Member States and the Agency shall ensure that the respect for fundamental rights, the principle of non- refoulement, and the proportionate use of means of constraints are guaranteed during the entire return operation. At least one Member State representative, and one forced-return monitor from the pool established under Article 52 or from the national monitoring system of the participating Member State, shall be present throughout the entire return operation until arrival at the third country of return.
Amendment 1051 #
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 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 1064 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The Agency may deploy return teams, that also consist of officers with specific expertise in child protection, 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 1068 #
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 1075 #
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 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 1084 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. In circumstances where a Member State is facing specific and disproportionate challenges when implementing its obligation to return third- country nationals who are the subject of return decisions, the Agency shall, either on its own initiative or upon the request of that Member State, provide the appropriate technical and operational assistance in the form of a rapid return intervention. A rapid return intervention may consist in the rapid 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 1085 #
Proposal for a regulation
Article 54 – paragraph 6
Article 54 – paragraph 6
6. The Agency shall finance or co- finance return interventions from its budget in accordance with the financial rules applicable to the Agency.
Amendment 1088 #
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 0500 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 1091 #
Proposal for a regulation
Article 55 – paragraph 1 – point c
Article 55 – paragraph 1 – point c
(c) Category 3: operational staff from Member States provided to the Agency for a short term deployment as part of the standing corps in accordance with Article 58;
Amendment 1101 #
Proposal for a regulation
Article 55 – paragraph 4 – point b
Article 55 – paragraph 4 – point b
Amendment 1112 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Member States shall contribute to the European Border and Coast Guard standing corps operational staff seconded as team members to the Agency (Category 2). The duration of individual secondments shall be determined in accordance with Article 93(7). In order to facilitate the implementation of the financial support system referred to in Article 61, the secondment shall, as a general rule, start at the beginning of a calendar year. Member States’ contributions to the standing corps are voluntary.
Amendment 1114 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Each Member State shall be responsible to ensure continuous contributions ofe operational staff as seconded team members in accordance with Annex IIIits own resources, which it shall communicate to the Agency on an annual basis.
Amendment 1121 #
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 alsomay 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 IV 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 1127 #
Proposal for a regulation
Article 58 – paragraph 6
Article 58 – paragraph 6
6. In case of increased needs for the reinforcement of an ongoing joint operation or a need to launch a new joint operation not specified in the respective annual work programme, and the corresponding result of annual bilateral negotiations, the Executive Director shall inform without delay the Member States about the additional needs by indicating possible numbers of operational staff and profiles to be provided by each Member Staterequired profiles. Once an amended operational plan or, where relevant, a new operational plan is agreed upon by the executive director and the host Member State, the formal request for the number and profiles of operational staff shall be made by the Executive Director to the Member States. The respective team members shall be deployed from each Member State which decides to contribute within 20 working days from that formal request.
Amendment 1128 #
Proposal for a regulation
Article 58 – paragraph 7
Article 58 – paragraph 7
Amendment 1131 #
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 1180 #
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 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 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 1261 #
Proposal for a regulation
Article 76 – paragraph 3 a (new)
Article 76 – paragraph 3 a (new)
3 a. Any exchange of information under Article 73(1), 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 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 1292 #
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 nor the safety of third country nationals and the right to asylum. 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 only with the agreement of the host Member State regarding those referred to in Articles 37 and 54. 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 1408 #
Proposal for a regulation
Article 92 – paragraph 5
Article 92 – paragraph 5
5. The seat of the Agency shall be Warsaw, PolandReggio Calabria, Italy.
Amendment 1411 #
Proposal for a regulation
Article 94 – paragraph 4 – subparagraph 1
Article 94 – paragraph 4 – subparagraph 1
Amendment 1412 #
Proposal for a regulation
Article 94 – paragraph 4 – subparagraph 2
Article 94 – paragraph 4 – subparagraph 2
Amendment 1436 #
Proposal for a regulation
Article 104 – paragraph 3 – point g
Article 104 – paragraph 3 – point g
Amendment 1438 #
Proposal for a regulation
Article 104 – paragraph 3 – point j
Article 104 – paragraph 3 – point j
(j) to ensure the implementation of the operational plans referred to in Article 39, Article 43 and Article 54(4);
Amendment 1439 #
Proposal for a regulation
Article 104 – paragraph 3 – point l
Article 104 – paragraph 3 – point l
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 1489 #
Proposal for a regulation
Article 107 – paragraph 3 a (new)
Article 107 – paragraph 3 a (new)
3 a. The Agency shall provide its Fundamental Rights Officer with adequate resources and staff corresponding to its mandate and size. The Fundamental Rights Officer shall have access to all information necessary to fulfil her or his tasks and shall be granted administrative autonomy from the Agency.
Amendment 1493 #
Proposal for a regulation
Article 107 – paragraph 3 b (new)
Article 107 – paragraph 3 b (new)
3 b. In the case of a long-term absence of the Fundamental Rights Officer, the management board shall appoint an interim Fundamental Rights Officer within one calendar week of such absence. The interim Fundamental Rights Officer shall have the necessary qualifications and experience in the field of fundamental rights. The interim Fundamental Rights Officer shall, where possible, be appointed from within the Agency's Fundamental Rights Office or from staff who worked in the same Office in the past.
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 1514 #
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, forward complaints concerning members of the teams to the home Member State, inform the relevant authority or body competent for fundamental rights in a Member State for further action in line with their mandate, and register and ensure the follow-up by the Agency or that Member State.
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 1533 #
Proposal for a regulation
Article 108 – paragraph 7
Article 108 – paragraph 7
7. If a complaint is registered that concerns a team member of a host Member State or a team member from other participating Member States, including a seconded member of the teams or seconded national expert, the home Member State shall ensure appropriate follow-up, including disciplinary measures 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 the complaint within a determined time periodone calendar year, and if necessary, at regular intervals thereafter. The Agency shall follow-up the matter if no report is received 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.