63 Amendments of Ignazio CORRAO related to 2015/0310(COD)
Amendment 240 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high, to protecting and saving the leivels of internal securitymigrants and refugees and to combating cross-border crime, in full compliance within the Unionprinciple of non- refoulement and fundamental rights, while safeguarding the free movement of persons therein.
Amendment 273 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency shall establish an operational and technical strategy for the European integrated border management. It shall promote and ensure the implementation of European integrated border management in compliance with fundamental rights in all Member States.
Amendment 284 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, including measures related to the prevention, detection and investiga and detection of cross-border crime, where appropriate;
Amendment 298 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) the search and rescue of persons in distress at sea;
Amendment 303 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) technical and operational measures within the area of free movement which are related to border control and designed to prevent irregular immigration and to counter cross-border crime in accordance with Article 21 of the Schengen Borders Code;
Amendment 311 #
Proposal for a regulation
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) respect and promotion of fundamental rights in all activities;
Amendment 328 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 339 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States hold primary responsibility for the implementation of the relevant international, EU or national legislation and law enforcement actions undertaken in the context of joint operations coordinated by the Agency and therefore also for the respect of fundamental rights during these activities. The Agency is also responsible, as the coordinator, and remains fully accountable for all actions and decisions under its mandate. The Commission, in cooperation with the Agency, the Council and relevant stakeholders, shall further analyse provisions related to accountability and liability and redress any potential or actual gaps connected to activities of the Agency.
Amendment 365 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) assist Member States in protecting and saving the lives of people in distress at sea in accordance with Regulation (EU) No 656/2014;
Amendment 388 #
Proposal for a regulation
Article 7 – paragraph 1 – point m
Article 7 – paragraph 1 – point m
(m) assist Member States on training of national border guards and experts on return and fundamental rights, including the establishment of common training standards;
Amendment 402 #
Proposal for a regulation
Article 7 – paragraph 1 – point r a (new)
Article 7 – paragraph 1 – point r a (new)
(ra) Adopt and promote the highest standards for border management practices, allowing for transparency and public scrutiny and ensuring respect, protection and promotion of fundamental rights and rule of law.
Amendment 436 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Agency shall prepare general and tailored risk analyses and submit it to the European Parliament, the Council and the Commission.
Amendment 443 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control, the protection of fundamental rights, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation, the smuggling of irregular immigrationnts, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union as well as the respect for fundamental rights. The Agency shall make public its methodology and criteria for the risk analysis.
Amendment 456 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall take results of the risk analysis into account when planning their operations and activities at the external borders as well as their activities with regard to return. An operational engagement of the Agency shall require a prior assessment, drawing on a broad range of sources, to identify if there are risks of fundamental rights violations or deficiencies in relevant civil and criminal laws and procedures that would make the cooperation incompatible with legal obligations, in particular to ensure protection from refoulement and the right to an effective remedy.
Amendment 477 #
Proposal for a regulation
Article 11 – paragraph 3 – point f
Article 11 – paragraph 3 – point f
(f) monitor the measures taken by the Member State with regard to a situation requiring urgent action at the external borders as referred to in Article 18;
Amendment 501 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control, and respect for fundamental rights therein. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 506 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the Agency, provide information as regardsnecessary for the vulnerability assessment, in particular as regards the state of functioning of all procedures at the border, technical equipment, staff and financial resources available at national level to carry out border control and they shall submit their contingency plans.
Amendment 522 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment shall be submitted to the SupervisoryManagement Board, which shall advise the Executive Director on the measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the Agency’'s risk analysis and the results of the Schengen evaluation mechanism.
Amendment 530 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Executive Director shall adopt a drecisommendation setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be takenprocedure shall include an assessment of the impacts of such measures on fundamental rights, and ensure compliance with international legal obligations.
Amendment 539 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time- limit foreseen in that decision, further action may be taken by the Commission in accordance with Article 18take into account the recommendations, the Executive Director recommends to the Member State concerned to initiate and carry out joint operations or rapid border interventions.
Amendment 547 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may request the Agency for assistance in implementing their obligations with regard to the control of the external borders. The Agency shall also carry out measures as referred to in Article 18.
Amendment 556 #
Proposal for a regulation
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries which have ratified and implement in full the European Convention on Human Rights and the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol thereto;
Amendment 572 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Executive Director shall, on the advice of the SupervisoryManagement Board based on the results of the vulnerability assessment, and taking into account the Agency’'s risk analysis and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013, recommend to the Member State concerned to initiate and carry out joint operations or rapid border interventions. The Agency shall put its technical equipment at the disposal of the host or participating Member States.
Amendment 585 #
Proposal for a regulation
Article 15 – paragraph 3 – point i
Article 15 – paragraph 3 – point i
(i) a reporting and evaluation scheme containing benchmarks for the evaluation report, including the protection of fundamental rights, and final date of submission of the final evaluation report;
Amendment 591 #
Proposal for a regulation
Article 15 – paragraph 3 – point k a (new)
Article 15 – paragraph 3 – point k a (new)
(ka) Detailed provisions on fundamental rights safeguards, including risks of violations and steps taken to avoid such violations and ensure accountability for and non-repetition of such violations, including in relations to the powers to suspend and terminate an operation in accordance with Article 24.
Amendment 610 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Executive Director, in coordination with the European Asylum Support Office and other relevant Union Agencies, shall assess the request for assistance of a Member State. The Executive Director, in coordination with the European Asylum Support Office and other relevant Union Agencies, shall forward their assessment of itsthe needs for the purpose ofof the Member State to the Commission who shall defininge a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned. Teams shall, as a rule, include proportionate fundamental rights and child protection experts.
Amendment 620 #
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third- country nationals in full compliance with fundamental rights and providing information regarding the purpose and outcomes of all procedures;
Amendment 625 #
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) the provision of information to persons in clear needunder the guidance of the European Asylum Support Office and Fundamental Rights Agency and in accordance with Directive 2013/32/EU, the provision of internformational protection or to applicants or pot on the asylum procedure, procedural rights and other fundamential applicants for relocatirights, to all persons;
Amendment 630 #
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) technical and operational assistance in the field of return, including the preparation and organisation of return operations in full respect of fundamental rights, due process, the principle of non- refoulement and the prohibition of collective expulsion.
Amendment 631 #
Proposal for a regulation
Article 17 – paragraph 3 – point c a (new)
Article 17 – paragraph 3 – point c a (new)
(ca) the referral of persons who wish to apply for international protection to asylum experts of the national authorities of the Member State concerned or of the European Asylum Support Office, and referral of all children, and families with children, to child protection experts of the national authorities of the Member State or of the EU agencies.
Amendment 632 #
Proposal for a regulation
Article 17 – paragraph 3 – point c b (new)
Article 17 – paragraph 3 – point c b (new)
(cb) The Agency in cooperation with the European Asylum Support Office, the Fundamental Rights Agency and other relevant Union Agencies and under the coordination of the Commission shall ensure the compliance of these activities with the Common European Asylum System and fundamental rights. This includes the provision of shelter, hygienic conditions and facilities respecting gender based and children's needs in the hotspot areas.
Amendment 637 #
Proposal for a regulation
Article 18
Article 18
Amendment 708 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Suspension or termination of joint operations and rapid border interventions
Amendment 719 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director shall withdraw the financing of a joint operation or, a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. a pilot project, migration management support teams, return operation, return intervention or working arrangement or suspend or terminate, in whole or in part, a joint operation or rapid border intervention, a pilot project, migration management support teams, return operation, return intervention or working arrangement if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. Based on recommendations by the Fundamental Rights Officer, after consultation with the Consultative Forum and other relevant actors, the Executive Director shall adopt criteria for withdrawing the financing, the suspension or the termination of an activity by the Agency. The Fundamental Rights Officer may recommend the withdrawing, the financing, and the suspension of the termination of an activity.
Amendment 722 #
Proposal for a regulation
Article 25 – title
Article 25 – title
Evaluation of joint operations and rapid border interventions
Amendment 725 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
The Executive Director shall evaluate the results of the joint operations and, rapid border interventions, pilot projects, migration management support teams, return operations, return interventions and operational cooperation with third countries, including with regard to the respect of fundamental rights, and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the Management Board, together with the observations of the Fundamental Rights Officer. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future joint operations and rapid border intervenoperations, and it shall include it in its consolidated annual activity report.
Amendment 746 #
Proposal for a regulation
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
(d) assistance on measures that are legitimate, proportionate and necessary to ensure the availability of returnees for return purposes and avoid that returnees abscond in line with Directive 2008/115/EC and international law.
Amendment 752 #
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
Amendment 763 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
Amendment 768 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Fundamental Rights Agency shall constitute a pool of forced return monitors from national competent bodies who carry out independent forced return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 35. Forced return monitors shall also report to the Agency, including the Fundamental Rights Officer.
Amendment 802 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the European Convention on Human Rights, the Convention Relating to the Status of Refugees and obligations related to access to international protectionthe Convention on the Rights of the Child, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy, including effective mechanisms to both monitor and ensure the respect for fundamental rights and rule of law in all the activities of the Agency.
Amendment 812 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. In the performance 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 where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution, or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion in contravention of the principle of non-refoulement, or from which there is a risk of expulsion, removal, extradition or return to another country in contravention of that principle, and ensure compliance with the prohibition of collective expulsion. For this purpose, safeguards shall be included before initiating operational cooperation with third countries, and in all operational plans.
Amendment 821 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In the performance of all its tasks, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the Consultative Forum and the Fundamental Rights Officer. The Agency shall inform the Consultative Forum and Fundamental Rights Officer how it has altered or not its activities as a response to reports and recommendations of these bodies, and include details in its annual report.
Amendment 825 #
Proposal for a regulation
Article 33 – paragraph 4 a (new)
Article 33 – paragraph 4 a (new)
4a. The Agency shall include a detailed programme for the further development and implementation of the Fundamental Rights Strategy in its annual work programme and report on it in its annual activity report.
Amendment 874 #
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – 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, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State, as well as with international human rights law, including the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the EU Charter of Fundamental Rights. The host Member State may, with the consent of the home Member State, authorise members of the teams to use force in the absence of border guards of the host Member State.
Amendment 878 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. Service weapons, ammunition and equipment may be used in legitimate self- defence and in legitimate defence of members of the teams or of other persons, in accordance with the national law of the host Member State, as well as with international human rights law and the EU Charter of Fundamental Rights.
Amendment 952 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the protection of fundamental rights. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards, including with regards to respect for fundamental rights and human dignity. An engagement of the Agency in any operational cooperation with a third country shall require a prior assessment, drawing on a broad range of sources, to identify if there are risks of fundamental rights violations or deficiencies in relevant civil and criminal laws and procedures that would make the cooperation incompatible with legal obligations, in particular to ensure protection from refoulement and the right to an effective remedy.
Amendment 994 #
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
5. The seat of the Agency shall be Warsaw, PolandTrapani, Italy, subject to the implementation of Article 56.
Amendment 1000 #
Proposal for a regulation
Article 60 – paragraph 1 – point b
Article 60 – paragraph 1 – point b
Amendment 1001 #
Proposal for a regulation
Article 60 – paragraph 1 – point c
Article 60 – paragraph 1 – point c
Amendment 1032 #
Proposal for a regulation
Article 67 – paragraph 3 – point d
Article 67 – paragraph 3 – point d
(d) to prepare each year the consolidated annual activity report on the Agency’'s activities and submit it to the Management Board, the Commission, the Council and the European Parliament;
Amendment 1033 #
Proposal for a regulation
Article 67 – paragraph 3 – point g
Article 67 – paragraph 3 – point g
Amendment 1036 #
Proposal for a regulation
Article 67 – paragraph 3 – point k
Article 67 – paragraph 3 – point k
Amendment 1043 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The Executive Director and the Deputy Executive Director are appointed by a joint decision of the European Parliament and the Council on the basis of a list drawn up by the Commission following a public call for candidates. The Commission shall propose candidates for the post of the Executive Director and the Deputy Executive Director based on a list following publication of the post in the Official Journal of the European Union and other press or internet sites as appropriate. The competent committee of the European Parliament may decide to arrange a hearing in order to enable it to express a preference.
Amendment 1047 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
Amendment 1055 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 2
Article 68 – paragraph 2 – subparagraph 2
Power to dismiss the Executive Director shall lie with the Management BoardEuropean Parliament and the Council, acting on a proposal from the Commission, according to the same procedure.
Amendment 1059 #
Proposal for a regulation
Article 68 – paragraph 4 – subparagraph 1
Article 68 – paragraph 4 – subparagraph 1
Amendment 1062 #
Proposal for a regulation
Article 68 – paragraph 4 – subparagraph 2
Article 68 – paragraph 4 – subparagraph 2
Power to dismiss the Deputy Executive Director shall be with the Management Board, according to the same procedureEuropean Parliament and the Council.
Amendment 1064 #
Proposal for a regulation
Article 68 – paragraph 6
Article 68 – paragraph 6
6. The Management BoardEuropean Parliament and the Council, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 5, may extend the term of office of the Executive Director once, for no more than five years.
Amendment 1066 #
Proposal for a regulation
Article 68 – paragraph 7
Article 68 – paragraph 7
7. The term of the office of the Deputy Executive Director shall be five years. It may be extended by the Management BoardEuropean Parliament and the Council once for another period of up to five years.
Amendment 1069 #
Proposal for a regulation
Article 69
Article 69
Amendment 1081 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Agency shall invite the European Asylum Support Office, the European Union Agency for Fundamental Rights, the United Nations High Commissioner for Refugees and other relevant organisations to participate in the Consultative Forum. On a proposal by the Executive Director, the Management Board shall decide on the composition and the working methods of the Consultative Forum and the modalities of the transmission of information to the Consultative ForumThe Consultative Forum shall decide independently on its working methods.
Amendment 1171 #
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
By three years from the date of entry into force of this Regulation, and every three years thereafter, the Commission shall carry outpublish an evaluation to assess particularly the impact, effectiveness and efficiency of the Agency’'s performance and its working practices in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. The evaluation shall be carried out by an independent external contractor or body.