[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

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

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

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, Cornelia ERNST, Marie-Christine VERGIAT, Barbara SPINELLI

Proposal for a regulation
Article 5 – paragraph 3

3. The European Border and Coast Guard Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area.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

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

(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency to support the national authorities carrying out coast guard functions by providing services, information, equipment and training, as well as by coordinating multipurpose operations;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

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

Member States shall report to the Agency on that operational cooperation with other Member States ~~and/or third countries at the external borders and in the field of return~~. The Executive Director of the Agency (‘the Executive Director’) shall inform the Management Board of the Agency (‘the Management Board’) on those matters on a regular basis and at least once a year.

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, Kostas CHRYSOGONOS

Proposal for a regulation
Article 11

~~[...]~~deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a regulation
Article 12 – paragraph 5

5. The Executive Director 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.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

Marina ALBIOL GUZMÁN

Proposal for a regulation
Article 15 – title

Operational plan ~~for joint operations~~

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI

Proposal for a regulation
Article 18

~~[...]~~deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Proposal for a regulation
Chapter 2 – section 4

~~[...]~~deleted

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

Proposal for a regulation
Article 32

~~[...]~~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

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI

Proposal for a regulation
Article 53

~~[...]~~deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI

Proposal for a regulation
Article 54

1. The Agency may deploy experts of its own staff as liaison officers, who should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the Union and of the Member States, including the network set up pursuant to Council Regulation (EC) No 377/2004.49 2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding irregular immigration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board. 3. The tasks of the Agency’s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third-country nationals. Those liaison officers shall coordinate closely with Union delegations. 4. The decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the Commission, and the European Parliament shall be fully informed of those activities as soon as possible. __________________ 49Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1).Article 54 deleted Liaison officers in third countries

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN

Proposal for a regulation
Article 61 – paragraph 1 – point b

~~(b) appoint the members of the Supervisory Board in accordance with Article 69(2);~~deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN

Proposal for a regulation
Article 61 – paragraph 1 – point c

~~(c) adopt decisions setting out corrective measures in accordance with Article 12(6);~~deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN

Proposal for a regulation
Article 67 – paragraph 3 – point g

(g) to adopt a decision on corrective measures in accordance with Article 12(5), including to propose to Member States to initiate and carry out joint operations, rapid border interventions or other action referred to in Article 13(2);deleted

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN

Proposal for a regulation
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.

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN

Proposal for a regulation
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 with~~ the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.

2016/04/21
Committee: LIBE

Marina ALBIOL GUZMÁN

Proposal for a regulation
Article 79

1. The Commission shall be assisted by the committee established by Article 33a of Regulation (EC) No 562/2006. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or two-thirds of the committee members so request. 4. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. 5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.Article 79 deleted Committee Procedure

2016/04/21
Committee: LIBE

Activities of Marina ALBIOL GUZMÁN related to 2015/0310(COD)

Plenary speeches (2)

Shadow reports (1)

Amendments (39)

ParlTrack - 2011-2024