59 Amendments of Anders VISTISEN related to 2018/0330(COD)
Amendment 129 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The absence of internal borders in the Union results in a logical consequence whereby irregular migration across the external borders affects all Member States in the Schengen area. It is consequently in the interest of all Member States to control and protect the external borders together.
Amendment 135 #
Proposal for a regulation
Recital 3
Recital 3
(3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its activities and procedures. The key role of the Agency should be to establish a technical and operational strategy as part of the multiannual strategic policy cycle for implementation of European integrated border management, to oversee the effective functioning of border control at the external borders, to carry out risk analysis and vulnerability assessments, to provide increased technical and operational assistance to Member States and third countries through joint operations and rapid border interventions, to ensure the practical execution of measures in a situation requiring urgent action at the external borders, to provide technical and operational assistance in the support of search and rescue operations for persons in distress at sea, to organise, coordinate and conduct return operations and return interventions and provide technical and operational assistance to return activities of third countries.
Amendment 168 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 175 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Nothing in this Regulation should be construed as providing for or enabling the creation of a centralised Union academy for border guards.
Amendment 281 #
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 shouldproposes 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 Council21 to face exceptional circumstances putting the overall functioning of the area without internal border control at risk. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
Amendment 306 #
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62 a) It is necessary to revise the envelope reserved for the Agency by the Commission in the 2021-2027 multiannual financial framework before the establishment of the following multiannual financial framework in order to provide the Agency with sustainability after 2027 and to maintain comprehensive European Integrated Border Management.
Amendment 309 #
Proposal for a regulation
Recital 64
Recital 64
(64) The long-term development of new capabilities within the European Border and Coast Guard should be coordinated between the Member States and the Agency in line with the multiannual strategic policy cycle, taking into account the long duration of certain processes. This includes the recruitment and training of new border guards, (which could during their career serve both in Member States and as part of the standing corps), the acquisition, maintenance and disposal of equipment (for which opportunities for interoperability and economies of scale should be sought) but also the development of new equipment and related technologies including through research.
Amendment 312 #
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66 a) Little progress has been made in increasing the effectiveness of returns. On the contrary, Eurostat statistics show a decrease in the return rate throughout the Union from 45,8% in 2016 to a mere 36,6% in 2017.
Amendment 348 #
Proposal for a regulation
Recital 83 a (new)
Recital 83 a (new)
(83 a) The Agency processes personal data of persons who are suspected of involvement in cross-border crime (e.g. migrant smuggling, trafficking in human beings or terrorism) as well as personal data of persons who cross the external borders without authorisation collected by the Agency's teams. The Agency experiences difficulties in monitoring illegal activities of persons and criminal groups involved in cross-border crime, including terrorism, due to the short storage period of personal data of only 90 days as provided for in Regulation (EU) 2016/1624. In practice, after 91 days, the personal data that was already processed by the Agency is deleted and only appears as anonymised data in the results of risk analyses. That demonstrates the need for specific legal framework for the Agency to process and retain personal data in order to fulfil its tasks of prevention and detection of cross-border crime, such as migrant smuggling, trafficking inhuman beings and terrorism and analysis of the risks for internal security and analysis of the threats that might affect the functioning or security of the external borders and in order to share information with Europol and law enforcement authorities of the Member States.
Amendment 368 #
Proposal for a regulation
Recital 101
Recital 101
Amendment 461 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2 a) The Agency shall, by decision of the management board based on a proposal of the executive director, establish a technical and operational strategy for European Integrated Border Management. The Agency shall take into account, where justified, the specific situation of the Member States, in particular their geographical location. This strategy shall be in line with Article 3. It shall promote and support the implementation of European Integrated Border Management in all Member States.
Amendment 462 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
(2 b) The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall establish their national strategies for integrated border management. Those national strategies shall be in line with Article 3 and the strategy referred to in paragraph 2a of this Article.
Amendment 475 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
(3) Member States shall ensure the management of their external borders and the enforcement of return decisions, in their own interests and in the common interest of all Member States in full compliance with Union law and in line with the multiannual strategic policy cycle for European Integrated Border Managementtechnical and operational strategy referred to in Article 85(2a), in close cooperation with the Agency.
Amendment 485 #
Proposal for a regulation
Article 8
Article 8
Amendment 510 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) On the basis of the multiannual strategic policy cycle for European Integrated Border Management referred to in Article 8, tThe European Border and Coast Guard shall establish an integrated planning for border management and returns.
Amendment 517 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Each plan of the integrated planning shall contain the scenario against which it is developed. Scenarios shall be derived from risk analysis and shall reflect the possible evolution of the situation at the external borders and in the area of illegal migration and the challenges identified in the multiannual strategic policy cycle for European Integrated Border Managementtechnical and operational strategy referred to in Article 5(2a).
Amendment 519 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
(4) The Agency’s management board shall meet at least once a year to discuss and approve the capability roadmap of the European Border and Coast Guard in accordance with 67 (6). Once the capability roadmap is approved by the management board, it shall be annexed to the technical and operational strategy referred to in Article 8 (55(2a).
Amendment 520 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
(4) The Agency’s management board shall meet at least once a year to discuss and approve the capability roadmap of the European Border and Coast Guard in accordance with 67 (6). Once the capability roadmap is approved by the management board, it shall be annexed to the technical and operational strategy referred to in Article 8 (55(2a).
Amendment 523 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
(1) The Agency shall perform the following tasks with a view to contributing to an efficient, high and uniform level of border control and return: and ensuring a high level of internal and external security of the Union.
Amendment 599 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Agency shall communicate on its own initiative on matters falling within its mandate. It shall provide the Member States and the public with accurate and comprehensive information about its activities.
Amendment 610 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall appoint a national contact point for communication with the Agency on all matters pertaining to the activities of the Agency. The national contact point shall be reachable at all times and ensure the timely dissemination of all information from the Agency to all the relevant authorities within the Member State concerned, in particular the members of the management board and the National Coordination Centre.
Amendment 686 #
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 692 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Agency shall prepare general annual risk analyses, which shall be submitted to the European Parliament, to the Council and to the Commission in accordance with Article 91, and tailored risk analyses for operational activities. Every two years, the Agency shall prepare and submit to the European Parliament, to the Council and to the Commission a strategic risk analysis for European Integrated Border Management which shall be taken into account for the preparation of the multiannual Strategic policy cycle for European Integrated Border Management.
Amendment 757 #
Proposal for a regulation
Article 33 – paragraph 9 – subparagraph 2
Article 33 – paragraph 9 – subparagraph 2
In case of a risk of delay in the implementation of a recommendation by a Member State within the set time-limit, the Executive Director shall immediately inform the member of the Management Board from the Member State concerned and the Commission and enquire with the relevant authorities of that Member State on the reasons for the delay and offer support by the Agency to facilitate the implementation of the measure.
Amendment 762 #
Proposal for a regulation
Article 33 – paragraph 10
Article 33 – paragraph 10
10. Where a Member State does not implement the necessary measures of the recommendation within the time limit referred to in paragraph 7 of this Article, despite the support offered by the Agency in accordance with the second subparagraph of paragraph 9, the executive director shall refer the matter to the management board and notify the Commission. The management board shall adopt a decision on a proposal of the executive director setting out the necessary measures to be taken by the Member State concerned and the time limit within which such measures shall be implemented. The decision of the management board shall be binding on the Member State. If the Member State does not implement the measures within the time limit foreseen in that decision, the management board shall notify the Council and the Commission and further action may be taken in accordance with Article 43.
Amendment 780 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The national coordination centre shall constantregularly assess whether there is a need to change the impact level of any of the border sections by taking into account the information contained in the national situational picture and inform the Agency accordingly.
Amendment 880 #
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 888 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 3
Article 43 – paragraph 1 – subparagraph 3
Amendment 896 #
Proposal for a regulation
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. To mitigate the risk of putting in jeopardy the Schengen area, the Commissionuncil decision referred to in paragraph 1 shall provide for one or more of the following measures to be taken by the Agency:
Amendment 915 #
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 928 #
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 934 #
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 940 #
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 948 #
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 1079 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The Agency may also launch return interventions in third countries, based on the directions set out in the multiannual strategic policy cycletechnical and operational strategy referred to in Article 5(2a), where such third country requires additional technical and operational assistance with regard to its return activities. Such intervention may consist of the deployment of return teams for the purpose of providing technical and operational assistance to return activities of the third country.
Amendment 1100 #
Proposal for a regulation
Article 55 – paragraph 4 – introductory part
Article 55 – paragraph 4 – introductory part
4. On a proposal by the executive director taking into account the Agency's risk analysis, the results of the vulnerability assessment and the multiannual strategic policy cycle, and building on the numbers and profiles available to the Agency through its statutory staff and ongoing secondments, the management board shall decide by 31 March of each year:
Amendment 1117 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. By 30 June each year, each Member State shall nominate for secondment their operational staff in accordance with the specific numbers and profiles decided by the Management Board for the following year as referred to in Article 55(4). The Agency mayshall verify whether the operational staff proposed by Member States correspond to the defined profiles and possess the necessary language skills. By 15 September, the Agency shall accept the proposed candidates or request that a Member State propose another candidate for secondment in case of incompliance with the required profiles, insufficient language skills, misconduct or infringement of the applicable rules during previous deployments.
Amendment 1135 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. Subject to the agreement of the host Member State or of the host third country, the Agency may set up antenna offices on its territorythe territory of that Member State or third country, in order to facilitate and improve coordination of the operational activities, including in the field of returns, organised by the Agency in that Member State or in the neighbouring regionthird country and to ensure the effective management of the human and technical resources of the Agency. The antenna offices shall be temporary establishments set up for the period of time necessary for the Agency to carry out significant operational activities in that specific Member State or the neighbouring region concerned or in that third country. That period of time may be prolonged, if necessary.
Amendment 1136 #
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. The Agency and the host Member State or the host third country where the antenna office is set up shall endeavour to make the necessary arrangements in order to provide the best possible conditions needed to fulfil the tasks assigned to the antenna office.
Amendment 1138 #
Proposal for a regulation
Article 60 – paragraph 3 – point b
Article 60 – paragraph 3 – point b
(b) provide operational support to the Member State or the third country in the operational areas concerned;
Amendment 1139 #
Proposal for a regulation
Article 60 – paragraph 3 – point d
Article 60 – paragraph 3 – point d
(d) cooperate with the host Member State(s) or host third country on all issues related to the practical implementation of the operational activities organised by the Agency in that Member State(s) or third country, including any additional issues that might have occurred in the course of these activities;
Amendment 1140 #
Proposal for a regulation
Article 60 – paragraph 3 – point f
Article 60 – paragraph 3 – point f
(f) support the coordinating officer in facilitating, if necessary, the coordination and communication between the Agency's Teams and the relevant authorities of the host Member State or the host third country;
Amendment 1160 #
Proposal for a regulation
Article 62 – paragraph 8 a (new)
Article 62 – paragraph 8 a (new)
8 a. Nothing in this Regulation shall be construed as providing for or enabling the creation of a centralised Union academy for border guards.
Amendment 1162 #
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 1
Article 63 – paragraph 2 – subparagraph 1
Based on a proposal of the executive director after receiving the positive opinion of the Commission, the management board shall establish a comprehensive multiannual strategy on how the Agency's own technical capabilities shall be developed taking into account the multiannual strategic policy cycle for the European Integrated Border Management including the capability roadmap referred to in Article 9(4) as available and the budgetary resources made available for this purpose in the multiannual financial framework.
Amendment 1187 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1
Article 69 – paragraph 1 – subparagraph 1
The Agency shall cooperate with Union institutions, bodies, offices and agencies, and may cooperate with relevant international organisations, within their respective legal frameworks and make use of existing information, capabilities and systems available in the framework of EUROSUR.
Amendment 1208 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities referred to in paragraph 1. Such arrangements shall have received the Commission's prior approval. In every case, tThe Agency shall inform the European Parliament of any such arrangements.
Amendment 1231 #
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 1272 #
Proposal for a regulation
Article 77 – paragraph 6
Article 77 – paragraph 6
6. Before any working arrangements with third parties or third countries are concluded, the Agency shall notify them to the Commission, which shall give its prior approval. Once working arrangements are concluded, the Agency shall notify them to the Commission, which shall inform the European Parliament and the Council thereof.
Amendment 1304 #
Proposal for a regulation
Article 83 – paragraph 1
Article 83 – paragraph 1
1. Members of the teams deployed from the European Border and Coast Guard standing corps shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of Regulations (EU) No 656/2014 and (EU) 2016/399, ands well as Directive 2008/115/EC.
Amendment 1390 #
Proposal for a regulation
Article 89 – paragraph 3
Article 89 – paragraph 3
3. Personal data shall be deleted as soon as they have been transmitted to EASO, Europol or Eurojust or to the competent authorities of Member States or used for the preparation of risk analyses. The storage period shall, in any event, not exceed 90 days after the date of the collection of those data. In the results of risk analyses, data shall be anonymised. The provisions of this paragraph shall not apply to data processed for the purpose of performing return-related tasks. and to data processed for the purpose of analysing and researching involvement in cross- border crime. For the latter, relevant personal data can be retained as long as is deemed necessary.
Amendment 1406 #
Proposal for a regulation
Article 91 – paragraph 2
Article 91 – paragraph 2
2. The security rules shall be adopted by the Management Board following approval by the Commission.
Amendment 1414 #
Proposal for a regulation
Article 96 – paragraph 4 a (new)
Article 96 – paragraph 4 a (new)
4 a. The Agency shall be liable for the activities falling within its mandate but shall not be liable for the Member States' sovereign actions.
Amendment 1426 #
Proposal for a regulation
Article 98 – paragraph 2 – subparagraph 1 – point h
Article 98 – paragraph 2 – subparagraph 1 – point h
(h) adopt a technical and operational strategy for the European Integrated Border Management in accordance with Article 8 5(55(2a);
Amendment 1429 #
Proposal for a regulation
Article 98 – paragraph 2 – subparagraph 1 – point bb
Article 98 – paragraph 2 – subparagraph 1 – point bb
(bb) adopt, after the prior approval of the Commission, the security rules of the Agency on protecting EU classified information and sensitive non-classified information as referred to in Article 91;
Amendment 1562 #
Proposal for a regulation
Article 117 – paragraph 4
Article 117 – paragraph 4
Amendment 1564 #
Proposal for a regulation
Article 118
Article 118
Amendment 1578 #
Proposal for a regulation
Annex II – point 5
Annex II – point 5
Amendment 1589 #
Proposal for a regulation
Annex V – part 1 – paragraph 1
Annex V – part 1 – paragraph 1
For the purposes of this Regulation, the ‘use of force’ refers to recourse by the Agency’s statutory operational staff to reasonable physical means for the purposes of performing its functions or to ensure self- defence, that include the use of hands and body, the use of any instruments, weapons or equipment and firearms.
Amendment 1594 #
Proposal for a regulation
Annex V – part 3 – paragraph 6
Annex V – part 3 – paragraph 6
Any incidents involving the use of force shall be immediately reported through the chain of command to the coordination structure relevant for each operation and to the Fundamental Rights Officer and Executive Director of the Agency. The report shall provide full details of the circumstances in which such use arose.