BETA

Activities of Bodil VALERO related to 2018/0249(COD)

Shadow reports (1)

2016/11/22
Committee: LIBE
Dossiers: 2018/0249(COD)
Documents: PDF(444 KB) DOC(203 KB)

Amendments (58)

Proposal for a regulation
Recital 10

(10) To promote the implementation of the European integrated border management defined by its components in accordance with Article 4 of Regulation (EU) 2016/1624: border control, search and rescue during border surveillance, risk analysis, cooperation between Member States (supported and coordinated by the European Border and Coast Guard Agency), inter-agency cooperation (including the regular exchange of information), cooperation with third countries, technical and operational measures within the Schengen area related to border control and designed to address i~~llegal~~rregular immigration and to counter cross- border crime better, use of state-of-the-art technology, quality control and solidarity mechanisms, and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support.

2018/12/12
Committee: LIBE

Proposal for a regulation
Recital 17

(17) To ensure a uniform and high- quality external border control and to facilitate legitimate travel across the external borders, the instrument should contribute to the development of European integrated border management that includes all the measures involving policy, law, systematic cooperation, burden- sharing, assessment of the situation and changing circumstances regarding crossing points for irregular migrants, personnel, equipment and technology taken at different levels by the competent authorities of the Member States and by the European Border and Coast Guard Agency, acting in cooperation with other actors such as ~~third countries and~~ other EU bodies, in particular the European Agency for the operational management of large- scale IT systems in the area of freedom, security and justice (eu-LISA), Europol and international organisations.

2018/12/12
Committee: LIBE

Proposal for a regulation
Recital 20

(20) With a view to improving the management of the external borders, to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom, security and justice of the Union, the instrument should support the development of existing large-scale ~~IT systems, based on existing or new~~ IT systems. It should also support the setting- up of interoperability between those EU information systems (Entry-exit system (EES)23 , the Visa Information System (VIS)24 , the European Travel Information and Authorisation System (ETIAS)25 , Eurodac26 , the Schengen Information System (SIS)27 and the European Criminal Records Information System for third- country nationals (ECRIS-TCN))28 in the Member States, in order for these EU information systems and their data to supplement each other. The instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level (European search portal (ESP), a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID))29 . _________________ 23 Regulation (EU) 2017/2226 of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third- country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20). 24 Regulation (EC) No 767/2008/EC of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60). 25 COM(2016) 731 final of 16 November 2016. 26 COM(2016) 272 final/2 of 4 May 2016. COM(2016) 272 final/2 of 4 May 2016. 27 COM(2016) 881 final, 882 final and 883 final of 21 December 2016. 28 29COM(2017) 344 final of 29 June 2017. COM(2017) 79344 final of ~~12 December~~29 June 2017.

2018/12/12
Committee: LIBE

Proposal for a regulation
Recital 22

(22) The instrument should support the implementation of the hotspot approach as outlined in the Commission’s Communication on A European Agenda on Migration and endorsed by the European Council of 25 and 26 June 201530 . The hotspot approach provides operational support to Member States affected by ~~disproportionate migratory pressure~~emergency at the Union’s external borders. It offers integrated, comprehensive and targeted assistance in a spirit of solidarity and shared responsibility as well as with a view to safeguarding the integrity of the Schengen area. _________________ 30 EUCO 22/15 CO EUR 8 CONCL 3.

2018/12/12
Committee: LIBE

Proposal for a regulation
Recital 34

(34) Measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union's external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question. In relation to the external dimension, the instrument should target support to enhance cooperation with third countries and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the Union’s migration policy and Union’s security objectives.deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Recital 43

(43) Part of the available resources under the instrument could also be allocated to Member States’ programmes for the implementation of specific actions in addition to their initial allocation. These specific actions should be identified at Union level and should concern actions which require cooperative effort or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States, such as the purchase through the national programmes of Member States of technical equipment needed by the European Border and Coast Guard Agency to perform its operational activities, and the modernisation of the processing of visa applications~~, the development of new large-scale IT systems and the setting-up of interoperability between those systems~~. These specific actions will be defined by the Commission in its work programmes.

2018/12/12
Committee: LIBE

Proposal for a regulation
Recital 45

(45) In order to strengthen the Union’s capacity to immediately address ~~unforeseen or disproportionate migratory pressure~~emergency situations, in particular at those border sections where the impact level has been identified in line with Regulation (EU) No 1052/2013 of the European Parliament and of the Council38 as such that it jeopardises the functioning of the Schengen area as a whole, as well as pressure on the visa sections of Member States’ consulates or risks to border security, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation. _________________ 38 Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1

1. As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring ~~strong and~~ effective European integrated border management at the external borders ~~while safeguarding the free movement of persons within it, in full compliance with the Union’s commitments on fundamental rights, thereby contributing to guaranteeing a high~~, in full compliance with the Union law and the international levegal o~~f security in the Union~~bligations of the Union and Member States.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect i~~llegal~~rregular immigration and cross-border crime and to effectively manage migratory flows;

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) supporting the common visa policy to facilitate legitimate travel and prevent ~~migratory and~~ security risks.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 2

2. To achieve the objectives of this Regulation, the instrument may support actions in line with Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5.deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii

~~(ii) third country listed in the work programme under the conditions specified therein.~~deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 3

~~3. Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action.~~deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 4

4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states ~~or in third countries~~, are eligible.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 6 – paragraph 2

2. The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union ~~and is complementary to other Union instruments.~~ , including the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and international obligations of the Union and the Member States, and is complementary to other Union instruments. In particular, actions funded under this Instrument shall be implemented in full compliance with the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the principle of fair treatment of third-country nationals, the right to asylum and international protection, the principle of non-refoulement and the international obligations under the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967. Special attention should also be given to the identification, immediate assistance and referral to protection services of vulnerable persons, in particular children and unaccompanied minors.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. When implementing actions funded under the Instrument which are related to maritime border surveillance, Member States shall pay special attention to their obligations under international maritime law to render assistance to persons in distress. In that regard, equipment and systems supported under the Instrument shall may be used to address search and rescue situations which may arise during a border surveillance operation at sea, thereby contributing to ensuring the protection and saving lives at sea.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 8 – paragraph 2

2. Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II. For the preparation of the working programmes, the Commission shall consult the organisations which represent the partners at Union level, including civil society, in line with Article 6(4) of the Regulation (EU) …/… [CPR]. The European Commission should seek to allocate a reasonable minimum percentage of funding to civil society organisations under this instrument.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 10

10. Whenever a Member State decides to implement projects with or in a third country with the support of the instrument, the Member State concerned shall consult the Commission prior to the start of the project.deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 11

11. Whenever a Member State decides to implement actions with or in a third country with the support of the instrument relating to monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating illegal immigration and cross-border crime or contributing to the protection and saving the lives of migrants, it shall ensure that it has notified the Commission of any bilateral or multilateral cooperation agreement with that third country in accordance with Article 20 of Regulation (EU) No 1052/2013.deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 12 – introductory part

12. As regards operating equipment, including means of transport, and communication systems required for effective and secure border control and search and rescue purchased with the support of this instrument, the following shall apply:

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 13 – paragraph -1 (new)

-1. The programmes shall be subject to a mid-term review in accordance with Article 14 and 40 of Regulation (EU) No …/… [CPR] and Article 26 of this Regulation.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 3

3. Member States using operating support shall comply with the Union acquis ~~on borders and visas~~.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 22 – paragraph 2

2. The Commission shall implement information and communication actions relating to the implementation of this instrument, its actions and results. In particular, the Commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility. The Commission shall also publish the list of operations, projects and contracts selected for support publicly available on their website in at least one of the official languages of the Union and shall update that list at least every three months. Financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the Union, as far as they are related to the objectives of this Regulation. In particular, the Commission may promote best practices and exchange information as regards to the implementation of this instrument.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 22 – paragraph 2 a (new)

2a. The data referred to in paragraph 2 shall be published in open, machine- readable formats, as set out in Article 5(1) of the Directive 2003/98/EC of the European Parliament and of the Council, which allows data to be sorted, searched, extracted, compared and reused. Data should be able to be sorted by priority, specific objective, total eligible cost of operations, total cost of projects, total cost of procurement procedures, name of beneficiary and name of contractor.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 23 – paragraph 1

1. The instrument shall exceptionally provide financial assistance to address urgent and specific needs in the event of an emergency situation ~~resulting from an urg~~and as a measure of last resort. Whent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identifi Member States requests emergency assistance, it shall communicate the request to the actors included in the partnership laid down in Article 6 of the Regulation (EU) …/… [CPR] and the members of the monitoring committee within ten days. The communication shall: (i) explain the urgent and specific needs a~~s such that it jeopardises the functioning of the whole Schengen area, or any other situation of urgent and exceptional pressure within the scope of this Regulation that requires immediate ac~~nd why they are exceptional; (ii) outline the measures previously introduced to address the identified urgent and specific needs; (iii) explain why those alternative measures did not sufficiently remedy that situation; (iv) assess how the emergency assistance would likely help to remedy the situation.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 23 – paragraph 1 a (new)

1a. When the Commission provides emergency assistance to a Member State, it shall inform the European Parliament and the Council in a timely manner.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 1

1. An action that has received a contribution under the instrument may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The rules of each contributing Union programme shall apply to its respective contribution to the action. The cumulative funding shall not exceed the total eligible costs of the action and the support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support. Contributions from other Union programmes to actions under this instrument shall be acknowledged as such in the national programmes and annual performance reports.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 25 – paragraph 5 a (new)

5a. For resources under shared management, monitoring and reporting in accordance with Title IV of Regulation (EU) …/… [CPR] shall be based on the types of intervention set out in Annex VI to this Regulation. To address unforeseen or new circumstances or to ensure the effective implementation of the funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 29 to amend Annex VI. For the revision of the monitoring and evaluation framework, the Commission shall consult the organisations which represent the partners at Union level, including civil society.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 26 – paragraph 2

2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the provisions set out in Article 14 and the timeline set out in Article 40 of Regulation (EU) No …/… [CPR].

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 26 – paragraph 2 a (new)

2a. After the completion of the mid- term review and the retrospective review, the Commission shall submit to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions: (a) an interim evaluation report on the implementation of this Regulation by June 2024.That interim evaluation report shall include an assessment of the mid- term review carried out in accordance with this Regulation and the [CPR]; ( (b) an ex-post evaluation report on the effects of this Regulation and the Specific Regulations, following the closure of the national programmes, by 30 June 2027. The European Parliament may invite the Commission for a structured dialogue on the mid-term review and the ex-post evaluation.

2018/12/12
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 2 – point c

(c) the complementarity between the actions supported by the instrument and support provided by other Union Funds~~, in particular those in or in relation to third countries~~;

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex I – point 6

6. For the purpose of the distribution of resources under paragraph 1(c), ‘external sea borders’ shall mean the outer limit of the territorial sea of the Member States as defined in accordance with Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in order to prevent i~~llegal~~rregular immigration or ~~illegal~~ entry, this shall be the outer limit of high threat areas. The definition of ‘external maritime borders’ in this regard shall be determined by taking into account the operational data over the past two years as provided by the Member States concerned. This definition shall be used exclusively for the purpose of this Regulation.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex I – point 7 – point a – point 1

(1) 760 % for the number of crossings of the external border at authorised border crossing points;

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex I – point 7 – point a – point 2

(2) 320% for the number of third- country nationals refused entry at the external border.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex I – point 7 – point a – point 2 a (new)

(2a) 20 % for the number of persons having submitted an application for international protection or having been included in such an application as a family member and having had their applications processed under the border procedure referred to in Article 43 of Directive 2013/32/EU.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex I – point 9 – point d

(d) Where Member States have not provided the statistics concerned~~, the latest available data for those Member States shall be used. W~~ or where there is no data available for a Member State, the reference figure shall be zero.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex I – point 10

10. The European Border and Coast Guard Agency shall provide the Commission with a report on the breakdown of resources as regards external land borders, external sea borders and airports, as referred to in paragraph 1(c). The Commission shall make the report publicly available.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex II – point 1 – point a – point v

v. supporting, within the scope of this Regulation, Member States facing ~~existing or potential disproportionate migratory pressure~~high workload at the EU’s external borders, including through technical and operational reinforcement, as well as by deploying migration management support teams in hotspot areas.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex II – point 1 – point b

(b) further developing the European Border and Coast Guard, through common capacity-building, joint procurement, establishment of common standards and any other measures streamlining the cooperation and coordination between the Member States and the European Border and Coast Guard Agency;deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex II – point 1 – point c

(c) enhancing inter-agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border, and at EU level between the Member States, or between the Member States, on the one hand, and the relevant Union bodies, offices and agencies ~~or third countries~~, on the other;

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex II – point 1 – point e

(e) ~~setting up,~~ operating and maintaining large- scale IT systems in the area of border management, including the interoperability of these IT systems and their communication infrastructure.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex II – point 1 – point e a (new)

(ea) increasing capacity, including technical equipment, to render assistance to persons in distress at sea, in particular supporting search and rescue operations.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex II – point 2 – point d

(d) ~~setting up,~~ operating and maintaining large- scale IT systems in the area of the common policy on visas, including the interoperability between these IT systems and their communication infrastructure.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex III – point 1 – point a

(a) infrastructures, buildings, systems and services required at border crossing points, in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings, i~~llegal~~rregular immigration and cross-border crime at the external borders, as well as to guarantee the smooth flows of legitimate travellers and the effective management of migration flows, including measures related to the referral of persons who are in need of, or wish to apply for, international protection while always ensuring a dignified treatment of the persons concerned;

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex III – point 1 – point d

(d) ~~secondment of joint liaison officers to third countries as defined in Regulation (EU) No …/ … [new ILO Regulation]69 and~~ secondment of border guards and other relevant experts to Member States ~~or from a Member State to a third country~~, reinforcement of cooperation and operational capacity of networks of experts or liaison officers, as well as exchange of best practices and boosting the capacity of European networks to assess, promote, support and develop Union policies; ~~_________________ 69~~OJ L […], […]. p.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex III – point 1 – point e

(e) studies, pilot projects and other relevant actions aiming to implement or develop European integrated border management, including measures aiming at the development of the European Border and Coast Guard, such as common capacity-building, joint procurement, establishment of common standards and other measures streamlining the cooperation and coordination between the European Border and Coast Guard Agency and Member States, as well as measures related to referral of persons who are in need of, or wish to apply for, international protection ;

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex III – point 1 – point f

(f) actions developing innovative methods or deploying new technologies with a potential for transferability to other Member States, in particular deploying the results of security research projects where such deployment has been identified by the European Border and Coast Guard Agency, acting under Article 37 of Regulation (EU) 2016/1624, as contributing to the development of operational capabilities of the European Border and Coast Guard;deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex III – point 1 – point k a (new)

(ka) the exchange of best practices and experts, including with regard to the protection of fundamental rights in the context of the different components of border management, in particular with regards to the identification, immediate assistance and referral to protection services of vulnerable persons;

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex IV – point 2

~~(2) Measures supporting inter-agency cooperation between a Member State and a neighbouring third country with which the EU shares a common land or maritime border.~~deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex IV – point 3

(3) Further development of the European Border and Coast Guard, through common capacity building, joint procurement, establishment of common standards and any other measures streamlining the cooperation and coordination between the Member States and the European Border and Coast Guard Agency, as outlined in paragraph 1(b) of Annex II.deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex IV – point 6

(6) Measures deploying, transferring, testing and validating new methodology or technology, including pilot projects and follow-up measures to Union-funded security research projects, as referred to in Annex III.deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex IV – point 7

(7) Measures for setting up and running hotspot areas in Member States facing existing or potential e~~xceptional and disproportionate migratory pressure~~mergency situations.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex IV – point 9 a (new)

(9a) Measures targeting the identification, immediate assistance and referral to protection services of vulnerable persons.

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex V – point a – introductory part

(a) Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect i~~llegal~~rregular immigration and cross-border crime and to effectively manage migratory flows:

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex V – point b – introductory part

(b) Specific objective 2: Supporting the common visa policy to facilitate legitimate travel and prevent ~~migratory and~~ security risks:

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex VIII – point a – introductory part

(a) Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect i~~llegal~~rregular immigration and cross-border crime and to effectively manage migratory flows;

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex VIII – point a – point 2

~~(2) Number of specialised posts in third countries supported by the instrument – joint liaison officers, as referred to in Annex III; – other specialised posts related to border management.~~deleted

2018/12/12
Committee: LIBE

Proposal for a regulation
Annex VIII – point b – introductory part

(b) Specific objective 2: Supporting the common visa policy to facilitate legitimate travel and prevent ~~migratory and~~ security risks:

2018/12/12
Committee: LIBE