Activities of Angelika MLINAR related to 2015/0310(COD)
Plenary speeches (1)
European Border and Coast Guard (debate) DE
Amendments (67)
Amendment 158 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The vulnerability assessment shall also assess how Member States respect fundamental rights, including appropriate and adequate reception conditions for the migrants, refugees and asylum seekers arriving at the border, the presence and effectiveness of instruments that ensure access to information for migrants, asylum-seekers and refugees, the possibility to apply for international protection, the access to legal assistance, the identification and referral of asylum seekers, refugees and migrants to relevant procedures, the access to effective remedies. Such assessment shall be made in cooperation with the Consultative Forum, the Fundamental Rights Centre, the Fundamental Rights Agency and EASO.
Amendment 172 #
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 182 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The European Border and Coast Guard Agency should carry out and assist Member States in search and rescue operations for persons in distress at sea and should fulfil this task in full compliance with fundamental rights, in particular the Charter of Fundamental Rights of the European Union, the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement, the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, and the International Convention on Maritime Search and Rescue.
Amendment 224 #
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation establishes a complaint mechanism for the European Border and Coast Guard Agency, in cooperation with the Fundamental Rights Officer, to monitor and ensure the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the Fundamental Rights Officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The Fundamental Rights Officer should review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the Executive Director, forward complaints concerning border guards to the home Member State and register the follow-up by the Agency or that Member State. Criminal investigations should be conducted by the Member States.
Amendment 275 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The European Border and Coast Guard Agency shall ensure a constant and uniform application of EU law, including the EU acquis in fundamental rights, across all EU external borders.
Amendment 289 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) border management that acknowledges the different needs of mixed migration flows at the external borders;
Amendment 293 #
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) search and rescue of persons in distress at sea;
Amendment 315 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The implementation of European integrated border management shall be in full compliance with fundamental rights.
Amendment 352 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) establish a monitoring and rRisk Analysisk analysis cd Vulnerability Assessment Centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management; and the capacity to carry out vulnerability assessments including the assessment of the capacity of Member States to face threats and pressures at the external borders.
Amendment 354 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 363 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 366 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) carry out and assist Member States in humanitarian emergency operations and in search and rescue operations of persons in distress at sea;
Amendment 368 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 424 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States must provide the Agency with information on the budget and financial resources dedicated to border management at a national level.
Amendment 425 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 429 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish a monitoring and rRisk Analysisk analysis cd Vulnerability Assessment Centre with the capacity to monitor migratory flows towards and within the Union. For this purpose, the Agency shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States and to carry out vulnerability assessments as referred Article 12.
Amendment 433 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The AgencyRisk Analysis and Vulnerability Assessment Centre shall prepare general and tailored risk analyses and submit it to the Council and the Commission. For this purpose, it shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 440 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the AgencyCentre shall cover all aspects relevant to the European integrated border management, in particular border control, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, 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 of fundamental rights.
Amendment 451 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall provide the AgencyCentre with all necessary information regarding the situation, trends and possible threats at the external borders and in the field of return. Member States shall regularly or upon the request of the AgencyCentre provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and intelligence derived from the analysis layer of the national situational picture established in accordance with Regulation (EU) No 1052/2013.
Amendment 495 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The AgencyRisk Analysis and Vulnerability Assessment Centre shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control. 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 511 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the AgencyCentre, provide information as regards technical equipment, staff and financial resources available at national level to carry out border control and they shall submit their contingency plans.
Amendment 516 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the AgencyCentre to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). The assessment also aims at evaluating the capacity of Member States to respect fundamental rights in such situations. That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 521 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment shall be submitted to the SuperAdvisory Board and the Management 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 AgencyCentre’s risk analysis and the results of the Schengen evaluation mechanism.
Amendment 533 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Executive Director, in close coordination with the Advisory Board and the Management Board, shall adopt a decision 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 taken. The Executive Director notifies the Commission and the European Parliament. 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 18.
Amendment 535 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 558 #
Proposal for a regulation
Article 13 – paragraph 2 – point d a (new)
Article 13 – paragraph 2 – point d a (new)
(da) deploy and coordinate joint search and rescue operations for people in distress at sea;
Amendment 641 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management BoardExecutive Director referred to in Article 12(65) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, after consulting the Agency, may adopt a decision by means of an implementing act,shall immediately recommend to the Council to adopt, by simple majority, a decision establishing that no effective action has been taken and identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2)e Commission shall notify the European Parliament.
Amendment 660 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. In the event that the Council does not adopt the decision on the Commission recommendation and that failure to take appropriate action on the part of the Member State concerned persists or that disproportionate migratory pressure at the external border putting in jeopardy the functioning of the Schengen area persists, the Commission, after 1 month from its earlier recommendation, shall recommend to the Council to adopt the decision establishing that no effective action has been taken and identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. The decision shall be deemed to be adopted by the Council unless it decides, by qualified majority, to reject the recommendation within 10 days of its adoption by the Commission. The Member State concerned may ask for a Council meeting, within this deadline. The Commission shall notify the European Parliament.
Amendment 674 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. In parallel and within the same two working days, the Executive Director shall submipresent a draft operational plan to the Member State concerned. The Executive Director and the Member State concerned shall draw up the operational plan within two working days from the date of its submission.
Amendment 680 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Member State concerned shall comply with the Commissionuncil decision and for that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the Executive Director.
Amendment 682 #
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. The Commission shall monitor the proper implementation of the measures identified in the Council decision and the actions taken, for that purpose, by the Agency in order to ensure a proper European border management.
Amendment 717 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director, in close cooperation with the Consultative Forum and the Fundamental Rights Office, 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. Such decision shall be taken on the ground of objective and public criteria and shall be linked with the fundamental rights elements of the risks analysis and of the vulnerability assessments and with the results of the complaint mechanism.
Amendment 743 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 766 #
Proposal for a regulation
Article 27 – paragraph 6 a (new)
Article 27 – paragraph 6 a (new)
6a. The Agency must not coordinate, organise or propose return operations or return interventions to any third country where risks of fundamental rights violations or serious deficiencies have been identified though risk analysis or reports from EU institutions, EEAS or EU Agencies.
Amendment 772 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
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. A child protection profile must be included in the pool for any return operation or intervention involving children.
Amendment 779 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
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. A child protection profile must be included in the pool for any return operation or intervention involving children
Amendment 799 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Evaluation of return operations and return interventions The Executive Director shall evaluate the conduct and the results of the return operations and returns interventions and transmit the detailed evaluation reports within 60 days following the end of those operations and interventions to the Management Board, together with the observations of the Fundamental Rights Office. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future operations and interventions, and it shall include it in its consolidated annual activity report.
Amendment 808 #
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, the European Convention on Human Rights, relevant international law, including the Convention Relating to the Status of Refugees and the UN Convention on the Rights of the Child and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy.
Amendment 809 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. The Agency shall draw up and further develop and implement a Fundamental Rights Strategy. The Agency, in close cooperation with the Consultative Forum and the Fundamental Rights Office, shall put in place an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency.
Amendment 817 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, unaccompanied minors, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 1003 #
Proposal for a regulation
Article 60 – paragraph 1 – point c
Article 60 – paragraph 1 – point c
(c) a Supern Advisory Board;
Amendment 1006 #
Proposal for a regulation
Article 60 – paragraph 1 – point e
Article 60 – paragraph 1 – point e
(e) a Fundamental Rights Officer.
Amendment 1009 #
Proposal for a regulation
Article 61 – paragraph 1 – point a
Article 61 – paragraph 1 – point a
Amendment 1014 #
Proposal for a regulation
Article 61 – paragraph 1 – point c
Article 61 – paragraph 1 – point c
Amendment 1040 #
Proposal for a regulation
Article 67 – paragraph 4 a (new)
Article 67 – paragraph 4 a (new)
4a. The Executive Director shall hold regular exchanges of views with the appropriate bodies of the European Parliament, notably regarding specific cooperation with third countries, and shall present the annual report of the Agency.
Amendment 1041 #
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Article 67a Independence 1. The Executive Director shall act in complete independence in the performance of his or her duties. 2. The Executive Director shall, in the performance of his or her duties, neither seek nor take instructions from anybody. 3. The Executive Director shall refrain from any action incompatible with his or her duties and shall not, during his or her term of office, engage in any other occupation, whether gainful or not. 4. The Executive Director shall, after his or her term of office, behave with integrity and discretion as regards the acceptance of appointments and benefits.
Amendment 1042 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The Commission shall propose candidates for the post ofEuropean Parliament and the Council shall appoint by common accord the Executive Director and the Deputy Executive Director based on a list drawn up by the Commission following publication of the post in the Official Journal of the European Union and other press or internet sites as appropriate.
Amendment 1051 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Boardchosen on the grounds of merit, independence and documented high-level administrative and management skills, as well as senior professional experience in the field of management of the external borders and return. The Management Board shall take its decision by a two- thirds majority of all members with a right to vote.
Amendment 1054 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 2
Article 68 – paragraph 2 – subparagraph 2
Amendment 1060 #
Proposal for a regulation
Article 68 – paragraph 4 – subparagraph 1
Article 68 – paragraph 4 – subparagraph 1
The Deputy Executive Director shall be appointed by the Management Boardchosen on the grounds of merit and documented appropriate administrative and management skills, as well as relevant professional experience in the field of management of the external borders and return on the proposal of the Commission, after having consulted the Executive Director. The Management Board shall take its decision by a two-thirds majority of all members with a right to vote.
Amendment 1061 #
Proposal for a regulation
Article 68 – paragraph 4 – subparagraph 2
Article 68 – paragraph 4 – subparagraph 2
Amendment 1065 #
Proposal for a regulation
Article 68 – paragraph 7
Article 68 – paragraph 7
Amendment 1067 #
Proposal for a regulation
Article 68 – paragraph 7 a (new)
Article 68 – paragraph 7 a (new)
7a. The Executive Director and the Deputy Executive Director shall be eligible for reappointment.
Amendment 1068 #
Proposal for a regulation
Article 68 – paragraph 7 b (new)
Article 68 – paragraph 7 b (new)
7b. Apart from normal replacement or death, the duties of the Executive Director and the Deputy Executive Director shall end in the event of resignation. The Executive Director and the Deputy Executive Director may be dismissed by the Court of Justice at the request of the European Parliament, the Council or the Commission, if he or she no longer fulfils the conditions required for the performance of his or her duties or if he or she is guilty of serious misconduct.
Amendment 1071 #
Proposal for a regulation
Article 69 – title
Article 69 – title
Amendment 1073 #
Proposal for a regulation
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. The SuperAdvisory Board shall advise the Executive Director:
Amendment 1075 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The SuperAdvisory Board shall be composed of the Deputy Executive Director, four other senior officials of the Agency to be appointed by the Management Board and, one of the representatives of the Commission to the Management Board. The Super, the representative of the European Parliament to the Management Board, one representative from EASO and one representative from the fundamental rights Office. The Advisory Board shall be chaired by the Deputy Executive Director.
Amendment 1083 #
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 Forum. The Consultative Forum shall decide on its own working methods.
Amendment 1088 #
Proposal for a regulation
Article 70 – paragraph 5
Article 70 – paragraph 5
5. The Consultative Forum shall have an effective access to all information concerning the respect for fundamental rights, including by carrying out on spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State.
Amendment 1092 #
Proposal for a regulation
Article 71 – title
Article 71 – title
Fundamental Rights Officer
Amendment 1093 #
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. A Fundamental Rights Officer shall be designated by the Management Board and shall have the necessary qualifications and experience in the fieldtablished within the Agency, with the capacity to monitor the respect of fundamental rights by the Agency.
Amendment 1094 #
Proposal for a regulation
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
1a. The Fundamental Rights Office shall be composed of Fundamental Rights Officers that have the necessary qualifications and experience in the field of fundamental rights.
Amendment 1095 #
Proposal for a regulation
Article 71 – paragraph 1 b (new)
Article 71 – paragraph 1 b (new)
1b. The Fundamental Rights Office shall have adequate resources and staff at its disposal, corresponding to the mandate and the size of the Agency.
Amendment 1101 #
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, he or she shall report directly to the Management Board and cooperate withto the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.
Amendment 1105 #
Proposal for a regulation
Article 71 – paragraph 2 a (new)
Article 71 – paragraph 2 a (new)
2a. The Fundamental Rights Office is fully represented in the Advisory Board
Amendment 1109 #
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Fundamental Rights Officer shall be consulted on the operational plans drawn up in accordance with Articles 15, 16 and 32(4) and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency.
Amendment 1134 #
Proposal for a regulation
Article 72 – paragraph 6
Article 72 – paragraph 6
6. In case of a registered complaint concerning a border guard of a host Member State or a member of the teams, including seconded members of the teams or seconded national experts, the home Member State shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the Fundamental Rights Officer, within a limited period of time, as to the findings and follow-up to a complaint. If the Member State concerned do not provide such a follow-up, the Agency shall send an official letter informing the Member State about the complaint and determining possible follow-up actions to the Member State.