49 Amendments of Emil RADEV related to 2018/0330(COD)
Amendment 233 #
Proposal for a regulation
Recital 40
Recital 40
(40) The Agency should organise the appropriate technical and operational assistance to Member States in order to reinforce their capacity to implement their obligations with regard to the control of the external borders and to face challenges at the external borders resulting from 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. The Agency and the Member State concerned should agree upon an operational plan.
Amendment 240 #
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 244 #
Proposal for a regulation
Recital 42
Recital 42
(42) Where a Member State faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large, inward, mixed migratory flows the Member States should be able to rely onAgency should, upon the request of a Member States, provide technical and operational reinforcements. Those reinforcements should be provided in hotspot areas by migration management support teams. Those teams should be composed of operational staff to be deployed from the European Border and Coast Guard standing corps and experts from Member States deployed by EASO and, Europol or other relevant Union agencies. The Agency should assist the Commission in the coordination among the different agencies on the ground.
Amendment 252 #
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 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.
Amendment 262 #
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 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 270 #
Proposal for a regulation
Recital 48
Recital 48
Amendment 282 #
Proposal for a regulation
Recital 50
Recital 50
(50) Where control of the external border is rendered ineffective to such an extent that it risks jeopardising the functioning of the Schengen area, either because a Member State does not take the necessary measures in line with a vulnerability assessment or because a Member State facing specific and disproportionate challenges at the external borders has not requested sufficient support from the Agency or is not implementing such support, a unified, rapid and effective response should be delivered at Union level. For the purpose of mitigating these risks, and to ensure better coordination at Union level, the Commission should propose to the Council a decision identifying the measures to be implemented by the Agency and requireing the Member State concerned to cooperate with the Agency in the implementation of those measures. The Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision. An operational plan should be drawn up by timplementing power to adopt such a decision should be conferred on the Council because of the potentially politically sensitive nature of the measures to be decided, which are likely to touch on national executive and enforcement powers. The Agency togshould dether with the Member State concerned. The Member State concerned should facilitate the implementation of the Commission decision and the operational plan by implementing among others its obligations provided for in Articles 44, 83 and 84mine the actions to be taken for the practical execution of the measures indicated in the Council decision. It should then draw up an operational plan with the Member State concerned. If a Member State does not comply within 30 days with that Commissionuncil decision and does not cooperate with the Agency in the implementation of the measures contained in that decision, the Commission should be able to trigger the specific procedure provided for in Article 29 of Regulation (EU) 2016/399 of the European Parliament and of the Council (21 ) 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 372 #
Proposal for a regulation
Recital 113 a (new)
Recital 113 a (new)
(113 a)As regards Bulgaria, Romania and Croatia, this Regulation constitutes a development of the Schengen acquis in which these Member States take part in accordance with their Accession Treaties. Bulgaria, Romania and Croatia therefore take part in the adoption of this Regulation and are bound by it and subject to its application.
Amendment 378 #
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 theall external borders of the European Union 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 385 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘external borders’ means the external borders of the EU as defined in point 2 of Article 2 of Regulation (EU) 2016/399, to which Title II of that Regulation applies;
Amendment 397 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘operational staff' means border guards, return escorts, return specialists and other relevant staff constituting the "European Border and Coast Guard standing corps". In accordance with the three categories defined under Article 55(1), operational staff is either employed by the European Border and Coast Guard Agency as statutory staff (category 1), seconded to the Agency by the Member States (category 2) or provided for short term deployment by the Member States (category 3). Operational staff is to act as members of border management teams, migration management support teams or return teams having executive powers. Operational staff also includes the statutory staff responsible for the functioning of the central unit of ETIAS;
Amendment 402 #
(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, or other relevant Union agencies as well as from Member States;
Amendment 415 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Amendment 449 #
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) technical and operational measures within the Schengen areaEuropean Union which are related to border control and designed to address illegal immigration and to counter cross-border crime better;
Amendment 535 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7
Article 10 – paragraph 1 – point 7
7. assist Member States, upon their request, in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate challenges, taking into account that some situations may involve humanitarian emergencies and rescue at sea in accordance with Union and international law;
Amendment 546 #
Proposal for a regulation
Article 10 – paragraph 1 – point 12
Article 10 – paragraph 1 – point 12
12. within the framework of the migration management support teams at hotspot areas or in controlled centres;
Amendment 659 #
Proposal for a regulation
Article 27 – paragraph 3 – point c
Article 27 – paragraph 3 – point c
(c) incidents in the operational area of a joint operation, or rapid intervention coordinated by the Agency, or in a hotspot or controlled centre.
Amendment 664 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
(4) The operational layer of the European situational picture shall contain information on the joint operations, and rapid interventions coordinated by the Agency and on hotspots and controlled centres, including the mission statement, location, status, duration, information on the Member States and other actors involved, daily and weekly situational reports, statistical data and information packages for the media.
Amendment 714 #
Proposal for a regulation
Article 32 – paragraph 3 – point j
Article 32 – paragraph 3 – point j
(j) monitor the measures taken byfacilitate the communication between the Member State and the Agency with regard to return and support the collection of information required by the Agency to carry out activities referred to in Article 49.
Amendment 743 #
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 out 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 749 #
Proposal for a regulation
Article 33 – paragraph 9
Article 33 – paragraph 9
Amendment 783 #
Proposal for a regulation
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
(d) where a critical impact level is attributed to an external border section, the Agency shall notify it to the Commission. The Member State concerned and the Agency shall, in addition to the measures taken under point (c), implement the recommendation issued by the executive director of the Agency in accordance with Article 42develop and implement additional recommendations.
Amendment 799 #
Proposal for a regulation
Article 37 – paragraph 2 – point d
Article 37 – paragraph 2 – point d
(d) deploy the European Border and Coast Guard standing corps in the framework of the migration management support teams, among others at hotspot areas or in controlled centres, including if necessary to provide technical and operational assistance in return activities;
Amendment 836 #
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 862 #
Proposal for a regulation
Article 42
Article 42
Amendment 882 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
the Commission, after consulting the Agencyuncil, on the basis of a proposal from the Commission, may adopt without delay a decision by means of an implementing act in accordance with the procedure as referred to in Article 117(3), identifying measures to mitigate those risks to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. The Commission shall consult the Agency before making its proposal.
Amendment 893 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. WhereIf a situation requiring urgent action arises, the European Parliament and the Council shall be informed of that situation without delay as well asnd shall be informed of all subsequent measures and decisions taken in response.
Amendment 914 #
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. The executive director shall, within two working days from the date of adoption of the Commissionuncil decision referred to in paragraph 1,
Amendment 920 #
Proposal for a regulation
Article 43 – paragraph 4 – point b
Article 43 – paragraph 4 – point b
(b) submit thedraw up a draft operational plan and submit it to the Member States concerned for its approval.
Amendment 925 #
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. The executive director and the Member State concerned shall draw up theagree on the draft operational plan within twohree working days from the date of its submission.
Amendment 930 #
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
6. The Agency shall, without delay and in any case within five working days from establishment of the operational plan, deploy the necessary operational staff from the European Border and Coast Guard standing corps referred to in Article 55 for the practical execution of the measures identified in the Commissionuncil decision referred to in paragraph 1 of this Article. Additional teams shall be deployed as necessary at a second stage and in any case within seven working days from the deployment of the first teams deployed in the operational area.
Amendment 935 #
Proposal for a regulation
Article 43 – paragraph 7 – subparagraph 1
Article 43 – paragraph 7 – subparagraph 1
The Agency shall, without delay and in any case within 10 working days from establishment of the operational plan, deploy the necessary technical equipment for practical execution of the measures identified in the Commissionuncil decision referred to in paragraph 1.
Amendment 939 #
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 949 #
Proposal for a regulation
Article 43 – paragraph 9 – subparagraph 2
Article 43 – paragraph 9 – subparagraph 2
If the Member State concerned does not comply with the Commissionuncil decision referred to in paragraph 1 within 30 days and does not cooperate with the Agency pursuant to paragraph 8 of this Article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.
Amendment 975 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. If the executive director decides to suspend or terminate deployment by the Agency of a migration management support team, he or she shall inform the other relevant agencies active in that hotspot area or controlled centre of that decision.
Amendment 1031 #
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 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 1037 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Member States shall on a monthly basis provide operational data on return necessary for the assessment of return needs by the Agency and inform the Agency of their indicative planning of the number of returnees and of the third countries of return, both with respect to relevant national return operations, and of their needs for assistance or coordination by the Agency. The Agency shall draw up and maintain a rolling operational plan to provide the requesting Member States with the necessary operational assistance and reinforcements, including through technical equipment. The Agency may, on its own initiative or at the request of a Member State, include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The management board shall decide, on a proposal of the executive director, on the modus operandi of the rolling operational plan.
Amendment 1041 #
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 1049 #
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 1067 #
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 1074 #
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 1080 #
Proposal for a regulation
Article 54 – paragraph 2 a (new)
Article 54 – paragraph 2 a (new)
2 a. The Agency shall also support return operations from one third country to another third country where (a) the third country that issued the return decision is a potential candidate or a candidate country for accession to the European Union, or is a country covered by the European Neighbourhood Policy. (b) the third country accepting the returnee is the country of origin of the third country national
Amendment 1083 #
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 1098 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. In accordance with Article 83, all the members of the European Border and Coast Guard standing corps shallmay, in agreement with the Member States, be enabled to carry out border control or return tasks, including the tasks requiring executive powers defined in the relevant national laws or, for the staff of the Agency, in accordance with Annex II.
Amendment 1105 #
Proposal for a regulation
Article 55 – paragraph 6 a (new)
Article 55 – paragraph 6 a (new)
6 a. The secondment of staff to the Agency will be determined based on the needs and capabilities of the Member States to protect their borders.
Amendment 1126 #
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. By 31 July of each year, the Agency shall request the contribution by Member States of their individual operational staff members to joint operations for the following year. The periods of individual deployment shall be decided in the annual bilateral negotiations and agreements between the Agency and Member States. However, as a final result Member States shall make the operational staff available for deployment within the numbers and profiles specified in the request of the Agency, depending on the needs of the Member States for the protection of their borders.
Amendment 1227 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Based on the policy priorities set out in accordance with Article8 (4), the Agency shall provide technical and operational assistance to third countries 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. The assistance to third countries shall compliment the Agency’s support for Member States in the application of Union measures relating to the management of the external borders and the enforcement of return decisions.
Amendment 1468 #
Proposal for a regulation
Article 106 – paragraph 5
Article 106 – paragraph 5
5. Without prejudice to the tasks of the fundamental rights officer, the consultative forum shall have effective access to all information concerning the respect for fundamental rights, including by carrying out on-the-spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State, and to hotspot areas or controlled centres, return operations and return interventions.
Amendment 1574 #
Proposal for a regulation
Annex II – title
Annex II – title
List of tasks to be carried out by the Agency's statutory staff as team members deployed from the European Border and Coast Guard standing corps and requiring executive powers