[ParlTrack]

Marina ALBIOL GUZMÁN, Cornelia ERNST, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading~~ Rejects the proposal of the Commission and urges the presentation of a new proposal with an approach based on the re~~inafter set out~~spect of fundamental rights and international obligations;

2016/04/21
Committee: LIBE

Malin BJÖRK, Marie-Christine VERGIAT

Proposal for a regulation
Title 1

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Border ~~and Coast Guard~~Agency and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC (This amendment applies throughout the text.)

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Recital 4

(4) To ensure the effective implementation of the European integrated border management, a European Border and Coast Guard should be established. The European Border and Coast Guard, which comprises the European Border and Coast Guard Agency and national authorities which are responsible for border management, including coast guards to the extent that theyEuropean Union and its Member States’ international obligations are kept, a civilian body with the task of carrying out ~~border control tasks, relies upon the common use of information, capabilities and systems at national level and the response of the European Border and Coast Guard Agency at Union level~~search and rescue operations, in close cooperation with NGOs and other organizations, as well as facilitating the access to international protection of those in need of it, should be established.

2016/04/21
Committee: LIBE

Malin BJÖRK, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Barbara SPINELLI

Proposal for a regulation
Recital 5 a (new)

(5a) Women as well as LGBTI persons are subject to specific forms of gender based persecution, still too often not recognised in the asylum procedures.

2016/04/21
Committee: LIBE

Malin BJÖRK, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Barbara SPINELLI

Proposal for a regulation
Recital 5 b (new)

(5b) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of the agency.

2016/04/21
Committee: LIBE

Malin BJÖRK, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Barbara SPINELLI

Proposal for a regulation
Recital 9 a (new)

(9a) According to Article 5 of the European Convention of Human Rights, deprivation of liberty for immigration- related reasons can only be used as a measure of last resort. An assessment needs to be made in each individual case to determine whether all the preconditions required to prevent arbitrary detention are fulfilled.

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Malin BJÖRK

Proposal for a regulation
Recital 15

(15) In cases where there is a specific and disproportionate pressure at the external borders, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate rapid border interventions and deploy European Border and Coast Guard Teams from a rapid reserve pool as well as technical equipment. Rapid border interventions should provide reinforcement in situations where 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 border guards and other relevant staff available to the rapid reserve pool.deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK, Kostas CHRYSOGONOS

Proposal for a regulation
Recital 16

(16) At particular areas of the external borders where Member States face ~~disproportionate~~ migratory pressures characterised by ~~large~~ influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from Member States ~~by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as exp~~to ensure fundamental rights are respected and international obligations and principles are respected. In these areas migrants and asylum seekerts ~~from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground~~will be assisted in their immediate needs with a gender-sensitive approach by fundamental rights and child protection experts, and distributed to different Member States, and will not be placed under detention.

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK, Kostas CHRYSOGONOS

Proposal for a regulation
Recital 20

(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegally staying third-country nationals, including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of returnThe principle of non-refoulement will be respected and mass returns, which are illegal under international law, will not take place. Migrants or asylum seekers will not be returned to countries were human rights are not respected, nor will they be returned against their own will.

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Recital 28

(28) The European Border and Coast Guard Agency should facilitate and encourage operational cooperation between Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countricooperation between Member States and third countries concerning migration and asylum will be based only on providing legal and safe routes to acces,s the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countriesUnion, and in no way will there be military or police cooperation with third countries to try to reduce the number of persons reaching the EU.

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Malin BJÖRK

Proposal for a regulation
Article 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 level of internal security within the Union, while safeguarding the free movement of persons therein.rticle 1 deleted Subject matter

2016/04/21
Committee: LIBE

Malin BJÖRK, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Barbara SPINELLI

Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)

(14a) ‘a child’ means every human being below the age of 18 years, in line with article 1 of the Convention on the Rights of the Child.

2016/04/21
Committee: LIBE

Barbara SPINELLI, Kostas CHRYSOGONOS, Malin BJÖRK

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) border control, including measures ~~related to the prevention, detection and investiga~~to facilitate legitimate border crossings and to ensure access for persons in need of international protection and measures related to the prevention and detection of cross-border crime, where appropriate;, in full respect of human dignity.

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Cornelia ERNST, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Article 4 – paragraph 1 – point d

(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration;deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Cornelia ERNST, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Article 4 – paragraph 1 – point f

~~(f) return of third-country nationals illegally staying on the territory of the Member States;~~deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Article 7 – paragraph 1 – point l

~~(l) set up and deploy European Return Intervention Teams during return interventions;~~deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Article 7 – paragraph 1 – point m

~~(m) assist Member States on training of national border guards and experts on return, including the establishment of common training standards;~~deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Malin BJÖRK

Proposal for a regulation
Article 7 – paragraph 1 – point n

(n) participate in the development and management of research and innovation activities relevant for the control and surveillance of external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems and develop pilot projects regarding matters covered by this Regulation;deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Malin BJÖRK, Kostas CHRYSOGONOS

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

Member States may continue cooperation at an operational level with other Member States ~~and/or third countries at external borders, including military operations on a law enforcement mission and in the field of return,~~ where such cooperation is compatible with the action of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Cornelia ERNST, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Article 7 – paragraph 3

3. The Agency may engage in communication activities on its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraph 1 and shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Malin BJÖRK

Proposal for a regulation
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~~;

2016/04/21
Committee: LIBE

Barbara SPINELLI, Kostas CHRYSOGONOS, Malin BJÖRK

Proposal for a regulation
Article 15 – paragraph 3 – point a a (new)

(aa) full compliance with the provisions as set out in Article 2 of the Treaty of the European Union, in the 1951 Geneva Convention and its protocols and with full respect of international law;

2016/04/21
Committee: LIBE

Barbara SPINELLI, Kostas CHRYSOGONOS, Malin BJÖRK

Proposal for a regulation
Article 15 – paragraph 3 – point m

(m) procedures setting out an independent mechanism to receive and ~~transmit to the Agency a complaint against border guards~~deal with a complaint, informing the Agency and the Member States concerned, a complaint against all persons participating in a joint operation, including with third countries, in a rapid border intervention, migration management teams at hotspot areas, return operation or return intervention, including border guards and other relevant staff of the host Member State and members of the European Border and Coast Guard Teams alleging breaches of fundamental rights in the context of the joint operation or, rapid border intervention or any other activity.

2016/04/21
Committee: LIBE

Malin BJÖRK, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Barbara SPINELLI

Proposal for a regulation
Article 20 – paragraph 4 a (new)

4a. The agency shall provide mandatory adequate gender sensitive education for all border and law enforcement personnel, including personnel in the rapid reaction pool, with an emphasis on the gender dimension, children, LGBTI people and other vulnerable groups so that border guards and law enforcement personnel fully understand the phenomenon and know how to recognise vulnerable groups.

2016/04/21
Committee: LIBE

Malin BJÖRK, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Barbara SPINELLI

Proposal for a regulation
Article 20 – paragraph 4 b (new)

4b. The agency shall focus on the best interest of the unaccompanied minors, in order not to prolong unnecessarily the procedure and to ensure that unaccompanied minors have swift access to the procedure for determining the international protection status.

2016/04/21
Committee: LIBE

Malin BJÖRK, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Barbara SPINELLI

Proposal for a regulation
Article 20 – paragraph 5 a (new)

5a. Rejects the regular use of detention of refugees, stresses the need to ensure that human rights are not violated; urges the need of individual assessments to determine whether all the preconditions required are fulfilled and to always favour alternatives to detention.

2016/04/21
Committee: LIBE

Malin BJÖRK, Marie-Christine VERGIAT, Kostas CHRYSOGONOS

Proposal for a regulation
Article 20 – paragraph 5 b (new)

5b. Calls for all detention of children in the EU to stop, and for parents to be able to live with their children in appropriate tailored facilities awaiting their asylum decision;

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Malin BJÖRK

Proposal for a regulation
Article 26

1. The Return Office shall be responsible for carrying out the return-related activities of the Agency, in accordance with the respect of fundamental rights and general principles of Union law as well as international law, including refugee protection and human rights obligations. The Return Office shall, in particular: (a) coordinate at technical and operational level the return activities of the Member States, 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; (b) provide operational support to Member States subject to particular pressure on their return systems; (c) coordinate the use of relevant IT systems and provide support on consular cooperation for the identification of third- country nationals and the acquisition of travel documents, organise and coordinate return operations and provide support to voluntary departure; (d) coordinate the return-related activities of the Agency as set out in this Regulation; (e) organise, promote and coordinate activities enabling the exchange of information and the identification and pooling of best practices in return matters between the Member States; (f) finance or co-finance the operations, interventions and activities referred to in this Chapter with grants from its budget, in accordance with the financial rules applicable to the Agency. 2. The operational support referred to in point (b) of paragraph 1 shall include action to help Member States carry out return procedures by the competent national authorities by providing, in particular: (a) interpreting services; (b) information on third countries of return; (c) advice on the handling and management of return procedures in compliance with Directive 2008/115/EC; (d) assistance on measures necessary to ensure the availability of returnees for return purposes and avoid that returnees abscond. 3. The Return Office shall aim at building synergies and connecting Union-funded networks and programmes in the field of return in close cooperation with the European Commission and the European Migration Network.43 4. The Agency may make use of the financial means of the Union which are available in the field of return. The Agency shall ensure that in its grant agreements with Member States any financial support is conditional upon the full respect for the Charter of Fundamental Rights. __________________ 43Article 26 deleted Return Office OJ L 131, 21.5.2008, p. 7.

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Malin BJÖRK

Proposal for a regulation
Article 28

Pool of Forced Return Monitors 1. The Agency shall constitute a pool of forced return monitors from national competent bodies who carry out 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. 2. The Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return monitors corresponding to the defined profile. 3. The Agency shall make available the forced return monitors, upon request, to participating Member States to monitor, on their behalf, the correct implementation of the return operation and to take part in return interventions.Article 28 deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Malin BJÖRK

Proposal for a regulation
Article 29

Pool of Forced Return Escorts 1. The Agency shall constitute a pool of forced return escorts from national competent bodies who carry out return operations in accordance with the requirements referred to in Article 8(4) and (5) of Directive 2008/115/EC and who have been trained in accordance with Article 35. 2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile. 3. The Agency shall make available these escorts, upon request, to participating Member States to escort returnees on their behalf and to take part in return interventions.Article 29 deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Malin BJÖRK

Proposal for a regulation
Article 39 – paragraph 6

6. While performing their tasks and exercising their powers, members of the teams shall not 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. 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.

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Malin BJÖRK

Proposal for a regulation
Article 45

Purposes of processing personal data 1. The Agency may process personal data only for the following purposes: (a) performing its tasks of organising and coordinating joint operations, pilot projects, rapid border interventions and in the framework of the migration management support teams in accordance with Article 46; (b) performing its tasks of organising and coordinating return operations and return interventions in accordance with Article 47; (c) facilitating the exchange of information with Member States, the European Asylum Support Office, Europol or Eurojust in accordance with Article 46; (d) risk analysis by the Agency in accordance with Article 10; (e) identifying and tracking vessels in the framework of Eurosur in accordance with Article 48. 2. Any such processing of personal data shall respect the principle of proportionality and be strictly limited to personal data necessary for the purposes referred to in paragraph 1. 3. A Member State or other Union Agency providing personal data to the Agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1. If it has not done so, the Agency in consultation with the provider of personal data concerned shall process it in order to determine its necessity in relation to the purpose or the purposes as referred to in paragraph 1 for which it shall be further processed. The Agency may process information for a different purpose than the one in paragraph 1 only if authorised by the data provider of the information. 4. Member States and other Union Agencies may indicate, at the moment of transferring personal data, any restriction on access or use, in general or specific terms, including as regards transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer provision of information, they shall inform the Agency accordingly. The Agency shall comply with such restrictions.Article 45 deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Malin BJÖRK, Kostas CHRYSOGONOS

Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1

The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the objectives of preventing and combating irregular immigration and cross-border crime including the facilitation of irregular immigration, trafficking in human being and terrorism.

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Malin BJÖRK

Proposal for a regulation
Article 52

European cooperation on coast guard 1. The Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and where appropriate, at international level by: (a) sharing information generated by fusing and analysing data available in ship reporting systems and other information systems hosted by or accessible to the Agencies, in accordance with their respective legal bases and without prejudice to the ownership of data by Member States; (b) providing surveillance and communication services based on state-of- the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform, such as remotely piloted aircraft systems; (c) capacity building by elaborating guidelines, recommendations and best practices as well as by supporting the training and exchange of staff, with a view to enhancing the exchange of information and cooperation on coast guard functions; (d) capacity sharing, including the planning and implementation of multipurpose operations and the sharing of assets and other capabilities across sectors and borders. 2. The modalities of the cooperation on coast guard functions of the European Border and Coast Guard Agency with the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with the financial rules applicable to the Agencies. 3. The Commission may adopt, in the form of a recommendation, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and cooperation at national, Union and international level.Article 52 deleted functions

2016/04/21
Committee: LIBE

Barbara SPINELLI, Kostas CHRYSOGONOS, Malin BJÖRK

Proposal for a regulation
Article 71 – paragraph 3 a (new)

3a. The Agency shall ensure that the Fundamental Rights Officer has sufficient staff and resources to fulfil its tasks. The Fundamental Rights Officer shall have control over its budget.

2016/04/21
Committee: LIBE

Barbara SPINELLI, Kostas CHRYSOGONOS, Malin BJÖRK

Proposal for a regulation
Article 72 – paragraph 3

3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which are ~~anonymous,~~ malicious, frivolous, vexatious, or hypothetical ~~or inaccurate~~ shall be excluded from the complaint mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant.

2016/04/21
Committee: LIBE

36 Amendments of Malin BJÖRK related to 2015/0310(COD)

ParlTrack - 2011-2024