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315 Amendments of Marina ALBIOL GUZMÁN related to 2018/0330(COD)

Amendment 124 #
Marina ALBIOL GUZMÁN
Draft legislative resolution
Paragraph 1
1. Adopts its position at first reading hereinafter set out;Rejects the Commission proposal.
2018/12/11
Committee: LIBE
Amendment 127 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 1
(1) The objective of Union policy in the field of external border management is to develop and implement European Integrated Border Management at national and Union level, which is a necessary corollary to the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice. European Integrated Border Management is central to improving migration management. The aim is to manage the crossing of the external borders efficiently and address migratory challenges and potential future threats at those borders, thereby contributing to addressing serious crime with a cross-border dimension and ensuring a high level of internal security within the Union. At the same time, it is necessary to act in full respect for fundamental rights and in a manner that safeguards the free movement of persons within the Union.deleted
2018/12/11
Committee: LIBE
Amendment 131 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 2
(2) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, was established by Council Regulation (EC) No 2007/200417 . Since taking up its responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, risk analysis, information exchange, relations with third countries and the return of returnees. _________________ 17 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p.1).
2018/12/11
Committee: LIBE
Amendment 132 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 3
(3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its activities and procedures. The key role of the Agency should be to establish a technical and operational strategy as part of the multiannual strategic policy cycle for implementa, to oversee the effective functioning of European integrated border management, to oversee the effective functhe fight against cross-border crime as well as the facilitationing of border controlfree movement at the external borders, to carry out risk analysis and vulnerability assessments in relation to the fight against cross-border crime, to provide increased technical and operational assistance to Member States and third countries through joint operations and rapid border interventions, to ensure the practical execution of measures in a situation requiring urgent action at the external borders, to provide technical and operational assistance in the support of search and rescue operations for persons in distress at sea, to organise, coordinate and conduct return operations and return interventions and provide technical and operational assistance to return activities of third countries, to provide technical and operational assistance in the support of search and rescue operations for persons in distress at sea.
2018/12/11
Committee: LIBE
Amendment 137 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 4
(4) Since the beginning of the migratory crisis in 2015, the Commission has taken up important initiatives to strengthen the protection of the UnioThe Regulation on the European bBorders. A proposal for significantly enhancing the mandate of the European Agency for the Management of Operational Cooperation at the External Borders was presented in December 2015 and negotiated in a record time during 2016. The Regulation on the European Border and Coast Guard Agency has entered into forced on 6 October 2016 and Coast Guard Agency has entered into forced on 6 October 2016. This new recast has been presented without any impact assessment nor enough time to properly implement the new Regulation.
2018/12/11
Committee: LIBE
Amendment 141 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 5
(5) However, the Union’s framework in the area of control of external borders, returns and asylum.legal migration and access to international protection still needs to be further improved. T so that end and to furpeople do not risk their underplives attempting the current and future envisaged operational effortso reach the EU. To that end, the European Border and Coast Guard should be reformed by giving the European Border and Coast Guard Agency a stronger mandate and, in particular, by providing it with the necessary capabilities in the form of a European Border and Coast Guard standing corps of 10 000 operational staff with executive powers to effectively support Member States on the ground in their efforts to protect the external borders, fight secondary movements and significantly step up the effective return of irregular migrantto facilitate free movement and access to asylum at EU external borders.
2018/12/11
Committee: LIBE
Amendment 147 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 6
(6) In its conclusions of 28 June 2018, the European Council called for strengthening further the supportive role of the European Border and Coast Guard Agency, including in the cooperation with third countries, through increased resources and an enhanced mandate, with a view to ensure the effective control of the external borders and significantly stepping up the effective return of irregular migrants.deleted
2018/12/11
Committee: LIBE
Amendment 152 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 7
(7) It is necessary to monitorfacilitate the crossing ofat the external borders efficiently, address migratory challenges and potential future threats at the external borders, ensure a high level of internal security within the Union, safeguard the functioning of the Schengen area and respect the overarching principle of solidarity. That should be accompanied by the proactive management of migsearch and rescue operation,s including the necessary measures in third countries. In view of what has been stated, it is necessary to consolidate the European Border and Coast Guard and to further expand the areas where a high number of incidents at sea is reported, including in international waters. That should be accompanied by an increased mandate ofn the European Border and Coast Guard Agency. The Agency should be constituted principally by a European Border and Coast Guard standfight against cross-border crime that tackles efficiently terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corps consisting of 10,000 operational staffruption, counterfeiting of means of payment, computer crime and organised crime.
2018/12/11
Committee: LIBE
Amendment 155 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 8
(8) In order to reflect the further qualitative enhancement of its mandate, in particular by providing it with its own operational arm, the European Border and Cost Guard standing corps of 10,000 operational staff, the Agency formerly known as Frontex should from now on be referred to as and operate exclusively under the name "the European Border and Coast Guard (EBCG) Agency". This change should be reflected in all relevant instances, including its visualisation in the external communication materials.deleted
2018/12/11
Committee: LIBE
Amendment 158 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 9
(9) When implementing European integrated border management, coherence with other policy objectives should be ensured, including the proper functioning of cross-border transport.deleted
2018/12/11
Committee: LIBE
Amendment 160 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 10
(10) European Integrated Border Management should be implemented as a shared responsibility of the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks, and those responsible for returns. While Member States retain the primary responsibility for the management of their external borders in their interest and in the interest of all Member States and are responsible for issuing return decisions, the Agency should support the application of Union measures relating to the management of the external borders and returns by reinforcing, assessing and coordinating the actions of Member States which implement those measures.deleted
2018/12/11
Committee: LIBE
Amendment 164 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 11
(11) To ensure the effective implementation of European Integrated Border Management and increase the efficiency of the common return policy, a European Border and Coast Guard should be established. It should be provided with the requisite financial and human resources and equipment. The European Border and Coast Guard should be composed of the European Border and Coast Guard Agency and national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, as well as authorities responsible for returns. As such it will rely upon the common use of information, capabilities and systems at national level and the response of the Agency at Union level.deleted
2018/12/11
Committee: LIBE
Amendment 166 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 12
(12) European integrated border management does not alter the respective competences of the Commission and Member States in the customs area, in particular regarding controls, risk management and the exchange of information.deleted
2018/12/11
Committee: LIBE
Amendment 167 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 13
(13) The development of policy and legislation on external border control and return, including the development of a European integrated border management strategy, remains a responsibility of the Union institutions. Close coordination between the Agency and those institutions should be guaranteed.deleted
2018/12/11
Committee: LIBE
Amendment 169 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 14
(14) The effective implementation of the European Integrated Border Management by the European Border and Coast Guard should be ensured through a multiannual strategic policy cycle for European Integrated Border Management. The multiannual cycle should set an integrated, unified and continuous process to provide strategic guidelines to all the relevant actors at Union level and in Member States in the area of border management and returns in order for those actors to implement the European Integrated Border Management in a coherent manner. It shall also address all the relevant interactions of the European Border and Coast Guard with the Commission, other institutions and bodies as well as cooperation with other relevant partners, including third countries and third parties as appropriate.deleted
2018/12/11
Committee: LIBE
Amendment 173 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 15
(15) European integrated border management requires an integrated planning between the Member States and the Agency for operations concerning borders and return, to prepare responses to higher impacts at the external borders on contingency planning and to coordinate the long-term development of capabilities both in terms of recruitment and training but also for the acquisition and development of equipment.deleted
2018/12/11
Committee: LIBE
Amendment 176 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 16
(16) The implementation of this Regulation does not affect the division of competence between the Union and the Member States or the obligations of Member States under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, the 1954 United Nations Convention Relating to the Status of Stateless persons and other relevant international instruments.
2018/12/11
Committee: LIBE
Amendment 189 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 22
(22) Member States should also, in their own interest and in the interest of the other Member States, contribute relevant data necessary for the activities carried out by the Agency, including for the purposes of situational awareness, risk analysis, vulnerability assessments and integrated planning. Equally, they should ensure that the data are accurate, up-to-date and obtained and entered lawfully.
2018/12/11
Committee: LIBE
Amendment 190 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 23
(23) The European border surveillance system (EUROSUR) is necessary for the functioning of the European Border and Coast Guard in order to frame the exchange of information and the operational cooperation between national authorities of Member States as well as with the Agency. EUROSUR is providing those authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability at the external borders for the purpose of detecting, preventing and combating illegal immigration and cross- border crime and contributing to saving and ensuring the protection of the lives of migrants. Information in EUROSUR shall not be transmitted to third countries.
2018/12/11
Committee: LIBE
Amendment 194 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 24
(24) Member States should establish national coordination centres to improve the exchange of information and the cooperation for border surveillance and to perform checks at border crossing points between them and with the Agency. It is essential for the proper functioning of EUROSUR that all national authorities with a responsibility for external border surveillance under national law cooperate via national coordination centresin the fight against cross- border crime between them and with the Agency.
2018/12/11
Committee: LIBE
Amendment 195 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 25
(25) This Regulation should not hinder Member States from making their national coordination centres also responsible for coordinating the exchange of information and for cooperation regarding other components of integrated border management such as returns.deleted
2018/12/11
Committee: LIBE
Amendment 197 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 26
(26) The quality of the information exchanged between the Member States and the Agency is a prerequisite to the proper functioning of Integrated Border Management. Building on the success of EUROSUR, that quality should be ensured through standardisation, automation of the information exchange across networks and systems, information assurance and quality control of the data and information transmitted.deleted
2018/12/11
Committee: LIBE
Amendment 199 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 27
(27) The Agency should provide the necessary assistance for the development and operation of EUROSUR including the interoperability of systems, in particular by establishing, maintaining and coordinating the EUROSUR framework.deleted
2018/12/11
Committee: LIBE
Amendment 201 #
Marina ALBIOL GUZMÁN
(28) EUROSUR should provide an exhaustive situational picture at the external borders but also within the Schengen area and in the pre-frontier area. It should cover land, sea and air border surveillance but also checks at border crossing points.
2018/12/11
Committee: LIBE
Amendment 203 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 29
(29) Air border surveillance should be an element of border management since both commercial and private flights and remotely piloted aircraft systems are being used for illegal activities related to immigration and cross border crime.
2018/12/11
Committee: LIBE
Amendment 204 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 30
(30) The EUROSUR Fusion services supplied by the Agency should be based on the common application of surveillance tools and inter-agency cooperation at Union level, including the provision of Copernicus Security services. They should provide the Member States and the Agency with added value information services related to Integrated Border Management. EUROSUR Fusion Services should be expanded to support checks at Border Crossing Points, Air Border Surveillance and monitoring of migration flows.deleted
2018/12/11
Committee: LIBE
Amendment 206 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 31
(31) The practice of travelling in small and unseaworthy vesselslack of legal access to the EU for both migration and international protection as well as the increased destabilisation of countries in the South due to wars or imposed austerity programmes where EU member States have a responsibility has dramatically increased the number of migrants drowning at the southern maritime external borders. EUROSUR should considerably improve the operational and technical ability of the Agency and the Member States to detect such small vessels and to improve the Search and Rescue reaction capability of the Member States, thereby contributing to reducing the loss of lives of migrants. EUROSUR data shall not be further transmitted to any third countries, or be used by a third country to carry out an operation of interception of migrants at sea, air or land borders.
2018/12/11
Committee: LIBE
Amendment 208 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 32
(32) It is recognised in this Regulation that migratory routes are also taken by persons in need of international pin the absence of safe and legal ways to the European Union, persons have no other option than taking dangerous migratory routections.
2018/12/11
Committee: LIBE
Amendment 209 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 33
(33) The Agency should prepare general and tailored risk analyses based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The Agency should, based also on information provided by Member States, provide adequate information covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third-country nationals within the Union, prevention of cross-border crime including facilitation of unauthorised border crossings, trafficking in human beings, terrorism and threats of a hybrid nature, as well as the situation in relevant third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of the external borders.deleted
2018/12/11
Committee: LIBE
Amendment 217 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 34
(34) Given its activities at the external borders, tThe Agency should contribute to preventing and detecting serious crime with a cross-border dimension, such as migrant smuggling, trafficking in human beings and terrorism,as listed in Article 83 TFEU i.e. terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Cross-border crimes necessarily entail a cross-border dimension. Such a cross- border dimension is characterised by crimes directly linked to unauthorised crossings of the external borders, including trafficking in human beings or smuggling of migrants. That said, Article 1(2) of Council Directive 2002/90/EC19 allows Member States not to impose sanctions where the aim of the behaviour is to provide humanitarian assistance to migrants.Member States shall not consider humanitarian assistance to migrants as a cross-border crime as allowed under Article 1(2) of Council Directive 2002/90/EC19 _________________ 19 Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17).
2018/12/11
Committee: LIBE
Amendment 220 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 35
(35) In a spirit of shared responsibility, the role of the Agency should be to monitor regularly the management of the external borders. The Agency should ensure proper and effective monitoring not only through situational awareness and risk analysis, but also through the presence of experts from its own staff in Member States. The Agency should therefore be able to deploy liaison officers to Member States for a period of time during which the liaison officer reports to the executive director. The report of the liaison officers should form part of the vulnerability assessment.deleted
2018/12/11
Committee: LIBE
Amendment 222 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 36
(36) The Agency should carry out a vulnerability assessment based on objective criteria, to assess the capacity and readiness of the Member States to face challenges at their external borders and to contriburelated to the European Border and Coast Guard standing corps and technical equipment poolfight against cross-border crime. The vulnerability assessment should include an assessment of the equipment, infrastructure, staff, budget and financial resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take measures to address any deficiencies identified in that assessment. The executive director should identify the measures to be taken and recommend them to the Member State concerned. The executive director should also set a time- limit within which those measures should be taken and closely monitor their timely implementation. Where the necessary measures are not taken within the set time-limit, the matter should be referred to the management board for a further decision.
2018/12/11
Committee: LIBE
Amendment 225 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 37
(37) If the Agency is not provided with the accurate and timely information necessary for carrying out a vulnerability assessment, it should be able to take that fact into account when performing the vulnerability assessment, unless duly justified reasons are provided for withholding the data.deleted
2018/12/11
Committee: LIBE
Amendment 226 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 38
(38) The vulnerability assessment and the Schengen evaluation mechanism established by Council Regulation (EU) No 1053/201320 are two complementary mechanisms for guaranteeing the European quality control on the proper functioning of the Schengen area and ensuring the constant preparedness at the Union and national levels to respond to any challenges at the external borders. The synergies between those mechanisms should be maximised in view of establishing an improved situational picture on the functioning of the Schengen area, avoiding, to the extent possible, duplication of efforts on the Member States' side, and ensuring a better-coordinated use of the relevant Union financial instruments supporting the management of the external borders. For that purpose a regular exchange of information between the Agency and the Commission on the results of both mechanisms should be established. _________________ 20 Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).deleted
2018/12/11
Committee: LIBE
Amendment 230 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 39
(39) Given that the Member States establish border sections, to which the Agency attributes impact levels, and that the reaction capabilities of the Member States and of the Agency should be linked to those impact levels, a fourth impact level should be established, corresponding to a situation where the Schengen area is at risk and where the Agency should intervene.deleted
2018/12/11
Committee: LIBE
Amendment 232 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 40
(40) The Agency should organise the appropriate technical and operational assistance to Member States in order to reinforce their capacity to implement their obligations with regard to the control of the external borders and to face challenges at the external borders resulting from illegal immigration orfight against cross-border crime. Such assistance should be without prejudice to the relevant national authorities' competence to initiate criminal investigations. In that respect, the Agency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy teams from the European Border and Coast Guard standing corps as well as provide the necessary technical equipment.
2018/12/11
Committee: LIBE
Amendment 238 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 41
(41) In cases where there is a specific and disproportionate challenge at the external borders, the Agency should, at the request of a Member State or on its own initiative, organise and coordinate rapid border interventions and deploy both teams from the European Border and Coast Guard standing corps and technical equipment, including from the Rapid Reaction Equipment Pool. Rapid border interventions should provide reinforcement for a limited period of time in situations where an 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 operational staff of the European Border and Coast Guard standing corps available to form relevant teams and provide the necessary technical equipment. The Agency and the Member State concerned should agree upon an operational plan.deleted
2018/12/11
Committee: LIBE
Amendment 242 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 42
(42) Where a Member State faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large, inward, mixed migratory flows the Member States should be able to rely on technical and operational reinforcements. Those reinforcements should be provided in hotspot areas by migration management support teams. Those teams should be composed of operational staff to be deployed from the European Border and Coast Guard standing corps and experts from Member States deployed by EASO and, Europol or other relevant Union agencies. The Agency should assist the Commission in the coordination among the different agencies on the ground.deleted
2018/12/11
Committee: LIBE
Amendment 246 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 43
(43) Member States should ensure that any authorities which are likely to receive applications for international protection such as the police, border guards, immigration authorities and personnel of detention facilities have the relevant information. They should also ensure that such authorities' personnel receive the necessary level of training which is appropriate to their tasks and responsibilities and instructions to inform applicants as to where and how applications for international protection may be lodged. Monitoring mechanisms should be put in place as well as an independent evaluation to ensure the implementation in practice.
2018/12/11
Committee: LIBE
Amendment 248 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 44
(44) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In that respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows. That support is possible through the establishment of controlled centres where third-country nationals disembarked in the Union could be rapidly processed to ensure access to protection of those in need, with swift returns for those who are not. Whereas controlled centres are to be established on a voluntary basis, it should be possible for the Union to provide the Member States in question with full financial and operational support through the relevant Union Agencies including the European Border and Coast Guard Agency.deleted
2018/12/11
Committee: LIBE
Amendment 254 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 45
(45) The European Border and Coast Guard Agency and the [European Union Agency for Asylum] should cooperate closely in order to address effectively the migratory challenges, in particular at the external borders characterised by large inward mixed migratory flows. In particular, both Agencies should coordinate their activities and support Member States to facilitate the procedure for international protection and the return procedure with regard to third country nationals whose application for international protection is rejected. The Agency and [the European Union Agency for Asylum] should also cooperate in other common operational activities such as shared risk analysis, collection of statistical data, training and support to Member States on contingency planningshould cooperate closely with the [European Union Agency for Asylum] in order to ensure that people in need of international protection, in particular at the external borders, are being given the effective opportunity to apply.
2018/12/11
Committee: LIBE
Amendment 258 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 45 a (new)
(45 a) The European Border and Coast Guard Agency should cooperate closely with the Fundamental Rights Agency to ensure fundamental rights are safeguarded in the implementation of all the areas covered by the Regulation.
2018/12/11
Committee: LIBE
Amendment 259 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 46
(46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of experts from the staff of the Agency and experts seconded by the Member States, and experts of the staff of/or Member States' experts deployed by, the [European Agency for Asylum], Europol or other relevant Union agencies. The Commission should ensure the necessary coordination in the assessment of needs and operations on the ground in view of the involvement of various Union agencies.deleted
2018/12/11
Committee: LIBE
Amendment 265 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 47
(47) In hotspot areas, the Member States should cooperate with relevant Union agencies which should act within their respective mandates and powers, and under the coordination of the Commission. The Commission, in cooperation with the relevant Union agencies, should ensure that activities in hotspot areas comply with relevant Union law.deleted
2018/12/11
Committee: LIBE
Amendment 268 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 48
(48) In controlled centres, Union agencies should, at the request of the Member State hosting such centres and under the coordination of the Commission, act in support of the host Member State to apply rapid procedures for international protection and/or return. In such centres, it should be possible to distinguish quickly between third-country nationals in need of international protection and those who are not in need of such protection, to carry out security checks and to carry out the entire or part of the procedure for international protection and/or return.deleted
2018/12/11
Committee: LIBE
Amendment 274 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 49
(49) When justified by the results of the vulnerability assessment, risk analysis or when a critical impact is attributed to one or more border sections, the executive Director of the Agency should recommend to the Member State concerned to initiate and carry out joint operations or rapid border interventions.deleted
2018/12/11
Committee: LIBE
Amendment 278 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 50
(50) Where control of the external border is rendered ineffective to such an extent that it risks jeopardising the functioning of the Schengen area, either because a Member State does not take the necessary measures in line with a vulnerability assessment or because a Member State facing specific and disproportionate challenges at the external borders has not requested sufficient support from the Agency or is not implementing such support, a unified, rapid and effective response should be delivered at Union level. For the purpose of mitigating these risks, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision. An operational plan should be drawn up by the Agency together with the Member State concerned. The Member State concerned should facilitate the implementation of the Commission decision and the operational plan by implementing among others its obligations provided for in Articles 44, 83 and 84. If a Member State does not comply within 30 days with that Commission decision and does not cooperate with the Agency in the implementation of the measures contained in that decision, the Commission should be able to trigger the specific procedure provided for in Article 29 of Regulation (EU) 2016/399 of the European Parliament and of the Council21 to face exceptional circumstances putting the overall functioning of the area without internal border control at risk. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).deleted
2018/12/11
Committee: LIBE
Amendment 283 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 51
(51) The European Border and Coast Guard standing corps should be a standing corps composed of 10,000 operational staff being border guards, return escorts, return specialists and other relevant staff. The standing corps should be composed of three categories of operational staff, namely statutory staff members employed by the European Border and Coast Guard Agency, staff seconded to the Agency by the Member States for long term durations and staff provided by Member States for short term deployments. The European Border and Coast Guard standing corps should be deployed in the framework of border management teams, migration management support teams or return teams.deleted
2018/12/11
Committee: LIBE
Amendment 287 #
Marina ALBIOL GUZMÁN
(52) The operational staff of the European Border and Coast Guard standing corps deployed as members of the teams should have the all the necessary powers to carry out border control and return tasks, including the tasks requiring executive powers defined in the relevant national laws or, for the staff of the Agency, in accordance with Annex V.deleted
2018/12/11
Committee: LIBE
Amendment 289 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 53
(53) Member States should ensure their respective contributions to the European Border and Coast Guard standing corps in accordance with Annexe III for long term secondments and Annex IV for short term deployments. The individual contributions of Member States have been established based on the distribution key agreed during the negotiations in 2016 for the Rapid Reaction Pool and set out in Annex I to Regulation (EU) 2016/1624.This distribution key was proportionally adapted to the size of the European Border and Coast Guard standing corps. These contributions were also set up in a proportionate way for the Schengen associated countries.deleted
2018/12/11
Committee: LIBE
Amendment 292 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 54
(54) The functioning of the European Border and Coast Guard standing corps and its composition should be subject to a midterm review carried out by the Commission.deleted
2018/12/11
Committee: LIBE
Amendment 293 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 55
(55) The long-term development of human resources to secure the contributions of the Member States to the European and Border Guard standing corps should be supported by a financial support system. For this purpose, it is appropriate to authorise the Agency to use the award of grants to the Member States without a call for proposals under 'financing not linked to costs' in accordance with Article 125 (1) (a) of Regulation (EU, Euratom) 2018/1046. The financial support should enable Member States to hire and train additional staff to provide them with the necessary flexibility to comply with the mandatory contribution to the European and Border Guard standing corps. The dedicated financing system should strike a right balance between the risks of irregularities and fraud and costs of control. The Regulation sets the essential conditions triggering the financial support, namely the recruitment and training of the adequate number of border guards or other specialists corresponding to the number of officers seconded to the Agency for long term or the effective deployment of officers during the Agency's operational activities for at least 4 months. Given the lack of relevant and comparable data on actual costs across Member States, the development of a cost- based financing scheme would be overly complex and would not address the need for a simple, fast, efficient and effective financing scheme. For this purpose, it is appropriate to authorise the Agency to award grants to the Member States without a call for proposals in the form of 'financing not linked to costs' subject to the fulfilment of conditions in accordance with Article 125 (1) (a) of Regulation (EU, Euratom) 2018/1046. For the purpose of fixing the amount of such financing to different Member States, it is appropriate to use as as a reference amount the annual salary of contractual agent Function Group III grade 8 step 1 of the European Institutions modulated by a corrective coefficient per Member State in line with the sound financial management principle and in the spirit of equal treatment. When implementing this financial support, the Agency and Member States shall ensure the compliance with the principles of co- financing and no double funding.deleted
2018/12/11
Committee: LIBE
Amendment 295 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 56
(56) In view of deployment of the European Border and Coast Guard standing corps in the territory of third countries, the Agency should develop the capabilities for its own command and control structures.deleted
2018/12/11
Committee: LIBE
Amendment 297 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 57
(57) In order to allow for the effective deployments from the European Border and Coast Guard standing corps as of 1 January 2020, certain decisions and implementing measures should be taken and put in place as soon as possible. In particular, by way of derogation from the normal deadline set in the Regulation, the decision of the Management Board as referred in Article 55 (4) on the profiles of the European Border and Coast Guard standing corps should be adopted within 6 weeks of the entry into force of the Regulation. This decision should be followed by the nominations of the Member States provided for in Article 56 (4) and Article 57 (1) within 12 weeks of the entry into force of the Regulation.deleted
2018/12/11
Committee: LIBE
Amendment 299 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 58
(58) Also, by way of derogation from the normal deadline set in the Regulation, the decision of the Management Board on the minimum number of items of technical equipment to meet the needs of the Agency in 2020 as referred in Article 64 (4) should be adopted within 6 weeks of the entry into force of the Regulation.deleted
2018/12/11
Committee: LIBE
Amendment 301 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 59
(59) At the same time, in order to ensure the continuity of the support for operational activitito Member States forganised by the Agency, all the deployments until 31 December 2019 should be planned and implemented, including under the Rapid Reaction Pool, in accordance with Articles 20, 30 and 31 of Regulation (EU) 2016/1624 and in accordance with the annual bilateral negotiations carried out in 2018. To that end, thes search and rescue operations, the operational areas of sea border operations should be revised in order to include the areas where incidents at sea are the most reported, including in international waters. People rescued at sea shall always be pbrovisions should be only repealed with effect from 1 January 2020ught back to an EU Member State port of safety.
2018/12/11
Committee: LIBE
Amendment 302 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 60
(60) The Agency's workforce will consist of staff performing the tasks devoted to the Agency, either in the Headquarters, or as part of the European Border and Coast Guard standing corpin joint operations. The European Border and Coast Guard standing corps may comprise statutory staff as well as staff seconded for long duration or provided for short term deployment by national authorities. Statutory staff within the European Border and Coast Guard standing corps will primarily be deployed as members of the teams; only a limited and clearly defined part of this staff may be recruited to perform supportive functions for the establishment of the standing corps, notably at headquarters.
2018/12/11
Committee: LIBE
Amendment 303 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 61
(61) To overcome the persistent gaps in the voluntary pooling of technical equipment from Member States, in particular as regards large-scale assets, the Agency should have its own necessary equipment to be deployed in joint operations or rapid border interventions or any other operational activities. While the Agency has been legally able to acquire or lease its own technical equipment since 2011, this possibility was significantly hindered by the lack of budgetary resources.deleted
2018/12/11
Committee: LIBE
Amendment 305 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 62
(62) Consequently, in order to match the level of ambition underlying the establishment of the European Border and Coast Guard standing corps, the Commission earmarked a significant envelope under the 2021-2027 multiannual financial framework to allow the Agency to acquire, maintain and operate the necessary air, sea and land assets corresponding to the operational needs. While the acquisition of the necessary assets could be a lengthy process, especially for large assets, the Agency's own equipment should ultimately become the backbone of the operational deployments with additional contributions of Member States to be called upon in exceptional circumstances. The Agency's equipment should be largely operated by the Agency's technical crews being part of the .European Border and Coast Guard standing corps. In order to ensure the effective use of the proposed financial resources, the process should be based on a multiannual strategy decided as early as possible by the management board.deleted
2018/12/11
Committee: LIBE
Amendment 307 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 64
(64) The long-term development of new capabilities within the European Border and Coast Guard should be coordinated between the Member States and the Agency in line with the multiannual strategic policy cycle, taking into account the long duration of certain processes. This includes the recruitment and training of new border guards, (which could during their career serve both in Member States and as part of the standing corps), the acquisition, maintenance and disposal of equipment (for which opportunities for interoperability and economies of scale should be sought) but also the development of new equipment and related technologies including through research.deleted
2018/12/11
Committee: LIBE
Amendment 310 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 65
(65) The capability roadmap should converge the capability development plans of Member States and the multiannual planning of the Agency's resources to optimize long term investment to best protect the external Borders.deleted
2018/12/11
Committee: LIBE
Amendment 311 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 66
(66) Taking into account the enhanced mandate of the European Border and Coast Guard Agency, the setting up of the European Border and Coast Guard standing corps and its strengthened presence on the ground at the external borders and its increased engagement in the field of returns, it should be possible for the Agency to establish antenna offices situated at locations in proximity of its significant operational activities for the period of duration of these activities, to act as an interface between the Agency and the host Member State and to deal with coordination, logistical and support tasks as well as to facilitate cooperation between the Agency and the host Member State.deleted
2018/12/11
Committee: LIBE
Amendment 313 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 67
(67) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC of the European Parliament and of the Council22 , is an essential component of the comprehensive efforts to tackle illegal immigration and represents an important issue of substantial public interest. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).deleted
2018/12/11
Committee: LIBE
Amendment 316 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 68
(68) The Agency should step up its assistance to Member States for returning third-country nationals, subject to the Union return policy and in compliance with Directive 2008/115/EC. In particular, it should coordinate and organise return operations from one or more Member States and organise and conduct return interventions to reinforce the return systems of Member States requiring increased technical and operational assistance to comply with their obligation to return third-country nationals in accordance with that Directive.deleted
2018/12/11
Committee: LIBE
Amendment 318 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 69
(69) The Agency should, in full respect for fundamental rights and without prejudice for the Member States’ responsibility for issuing return decisions, provide technical and operational assistance to Member States in the return process, including the preparation of return decisions, identification of third country nationals and other pre-return and return-related activities of the Member States. In addition, the Agency should assist Member States in the acquisition of travel documents for return, in cooperation with the authorities of the relevant third countries.deleted
2018/12/11
Committee: LIBE
Amendment 321 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 70
(70) The assistance to Member States in carrying out return procedures should include the provision of practical information on third countries of return relevant for the implementation of this Regulation, such as the provision of contact details or other logistical information necessary for the smooth conduct of return operations. The assistance should also include setting up, operating and maintaining a central system for processing all information and data necessary for the Agency to provide technical and operational assistance in accordance with the Regulation, automatically communicated by the Member States’ national return management systems.deleted
2018/12/11
Committee: LIBE
Amendment 325 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 71
(71) The Agency should also provide technical and operational assistance to return activities of third countries, in particular when such assistance is justified by the priorities of the irregular migration policy of the Union.deleted
2018/12/11
Committee: LIBE
Amendment 329 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 72
(72) The possible existence of an arrangement between a Member State and a third country does not absolve the Agency or the Member States from their obligations under Union or international law, in particular as regards compliance with the principle of non-refoulement as well as fundamental rights as enshrined under International and European law.
2018/12/11
Committee: LIBE
Amendment 331 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 73
(73) Member States should be able to cooperate at operational level with other Member States and/or third countries at the external borders, including military operations with a law enforcement purpose,t the external borders to the extent that that cooperation is compatible with the actions of the Agency.
2018/12/11
Committee: LIBE
Amendment 333 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 74
(74) The Agency should improve the exchange of information and the cooperation with other Union bodies, offices and agencies, such as EUROPOL, EASO, the European Maritime Safety Agency and the European Union Satellite Centre, the European Aviation Safety Agency or the Network Manager for the European Air Traffic Management in order to make best use of information, capabilities and systems which are already available at European level, such as the European Earth monitoring programme Copernicus.deleted
2018/12/11
Committee: LIBE
Amendment 335 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 75
(75) Cooperation with third countries is an element of European Integrated Border Management. It should serve to promote European border management and return standards, to exchange information and risk analysis, to facilitate the implementation of returns with a view to increasing their efficiency and to support third countries in the area of border management and migration, including the deployment of the European Border and Coast Guard standing corps when such support is required to protect external borders and the effective management of the Union’s migration policy.deleted
2018/12/11
Committee: LIBE
Amendment 339 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 76
(76) Cooperation with third countries should take place in the framework of the external action of the Union and in line with the principles and objectives of Article 21 of the Treaty on European Union. The Commission will ensure consistency between the European Integrated Border Management and other Union policies in the field of the Union’s external action and in particular the Common Security and Defence Policy. The Commission should be assisted by the High Representative of the Union and his or her services. Such cooperation should apply in particular to the activities of the Agency taking place on the territory of third countries or involving third country officials in areas such as risk analysis, planning and conduct of operations, training, information exchange and cooperation.deleted
2018/12/11
Committee: LIBE
Amendment 341 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 77
(77) In order to ensure that the information contained in EUROSUR is as complete and updated as possible, in particular with regard to the situation in third countries, the Agency should cooperate with the authorities of third countries either in the framework of bilateral and multilateral agreements between the Member States and third countries including regional networks or through working arrangement established between the Agency and the relevant authorities of third countries. For those purposes the European External Action Service, Union delegations and offices should provide all information that may be relevant for EUROSUR.deleted
2018/12/11
Committee: LIBE
Amendment 342 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 78
(78) This Regulation includes provisions on cooperation with third countries, because well-structured and permanent exchange of information and cooperation with those countries including but not limited to neighbouring third countries, are key factors for achieving the objectives of European Integrated Border Management. It is essential that any exchange of information and any cooperation between Member States and third countries be carried out in full compliance with fundamental rights.deleted
2018/12/11
Committee: LIBE
Amendment 344 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 79
(79) To establish a comprehensive situational picture and risk analysis covering the pre-frontier area, the Agency and the National Coordination Centres should collect information and coordinate with Immigration Liaison Officers deployed in third countries by Member States, the European Commission, the Agency or other Union Agencies.deleted
2018/12/11
Committee: LIBE
Amendment 345 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 81
(81) In its Conclusions of 27 March 2017, the Council stated that the management of the FADO system is outdated and that a change of its legal basis is required in order to continue meeting the requirements of Justice and Home Affairs policies. The Council also noted that synergies could be exploited in that regard using the Agency's expertise in the area of document fraud and the work the Agency has already been carrying out in the field. The Agency should therefore take over the administration as well as the operational and technical management of the FADO system from the General Secretariat of the Council of the European Union.deleted
2018/12/11
Committee: LIBE
Amendment 346 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 82
(82) The FADO system should keep its multi-level structure to provide different levels of information on documents to different stakeholders, including the general public.deleted
2018/12/11
Committee: LIBE
Amendment 349 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 85
(85) In the context of return it frequently happens that third country nationals do not hold any identification documents and do not cooperate on establishing their identity by withholding information or providing incorrect personal data. Given the particular policy need of expediency of return procedures, it is necessary for the Agency to be able to restrict certain rights of data subjects so as to prevent that the abuse of such rights may impede the proper implementation of return procedures and successful enforcement of return decisions by the Member States or prevent the Agency from performing its tasks efficiently. Notably, the exercise of the right to the restriction of processing may significantly delay and obstruct the performance of the return operations. Furthermore, in some cases the right of access by the data subject may jeopardise a return operation by increasing the risk of absconding should the data subject learn that the Agency is processing his or her data in the context of a planned return operation. The right to rectification, on the other hand, may increase the risk that the third country national in question will be misleading the authorities by providing incorrect data.deleted
2018/12/11
Committee: LIBE
Amendment 351 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 86
(86) In order to properly implement its tasks in the area of return, including by assisting Member States in the proper implementation of return procedures and successful enforcement of return decisions, as well as to facilitate return operations, the Agency may need to transfer personal data of returnees to third countries. The third countries of return are not often subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679, or under Article 36 of Directive (EU) 2016/680, and have often not concluded or do not intend to conclude a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 49 of [Regulation (EU) 45/2001] or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. However, despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for personal data, cover a limited number of such third countries. In the situation where such agreements do not yet exist, personal data should be transferred by the Agency for the purposes of facilitating the return operations of the Union, when the conditions laid down in Article 49(1)(d) of [Regulation (EU) 45/2001] are met.deleted
2018/12/11
Committee: LIBE
Amendment 353 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 87
(87) This Regulation should respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union (TEU) and, by the Charter of Fundamental Rights of the European Union (‘the Charter’), in particular respect for human dignity, the right to life, the prohibition of torture and inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, the right to liberty and security, the right to the protection of personal data, the right of access to documents, the right to asylum and to protection against removal and expulsion, non-refoulement, non-discrimination and the rights of the child, the European Convention on Human Rights (ECHR) and international law.
2018/12/11
Committee: LIBE
Amendment 358 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 88
(88) This Regulation should establish an independent complaints mechanism for the Agency in cooperation with the fundamental rights officer, to safeguard the respect for fundamental rights in all the activities of the Agency. This should be an independent 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 directorexamine complaints and issue recommendation, including disciplinary measures as necessary, in the case of registered complaint concerning a staff member of the Agency, forward complaints concerning members of the teams to the home Member State, and register the follow-up by the Agency or that Member State. The mechanism should be effective and independent, ensuring that complaints are properly followed up. Where the executive director decides not to follow up the recommendation, he or she should provide the reasons without delay. The complaints mechanism should be without prejudice to access to administrative and judicial remedies and not constitute a requirement for seeking such remedies. Criminal investigations should be conducted by the Member States. In order to increase transparency and accountability, the Agency should report on the complaints mechanism in its annual report. It should cover in particular the number of complaints it has received, the types of fundamental rights violations involved, the operations concerned and, where possible, the follow-up measures taken by the Agency and Member States. The Fundamental Rights Officer should have access to all information concerning respect for fundamental rights in relation to all the activities of the Agency.
2018/12/11
Committee: LIBE
Amendment 359 #
Marina ALBIOL GUZMÁN
(90) The Commission and the Member States should be represented within a management board to exercise oversight over the Agency. The management board should, where possible, consist of the operational heads of the national services responsible for border guard management or their representatives. The parties represented in the management board should make efforts to limit turnover of their representatives in order to ensure continuity of the management board's work. The management board should be entrusted with the necessary powers to establish the Agency's budget, verify its execution, adopt appropriate financial rules, establish transparent working procedures for decision-making by the Agency and appoint the executive director and three deputy executive directors each of whom could be assigned responsibilities in a certain field of competences of the Agency, such as managing the European Border and Coast Guard standing Corps, overseeing the Agency’s tasks regarding returns or managing the involvement in the large scale IT systems. The Agency should be governed and operated taking into account the principles of the common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the Commission.
2018/12/11
Committee: LIBE
Amendment 363 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 92
(92) The Agency is expected to face challenging circumstances in the coming years to fulfil exceptional needs for recruiting and retaining qualified staff from the broadest possible geographical basis.deleted
2018/12/11
Committee: LIBE
Amendment 367 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 99
(99) Since the objectives of this Regulation, namely the development and implementation of a system of integrated management of the external borders to ensure the proper functioning of the Schengen area, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner but can rather, by reason of the absence of controls at internal borders, the significant migratory challenges at the external borders, the need to monitor efficiently the crossing of those borders, and to contribute to a high level of internal security within the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.deleted
2018/12/11
Committee: LIBE
Amendment 370 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Recital 101
(101) In order to ensure the effective implementation of European Integrated Border Management through a multiannual strategic policy cycle, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect to the setting of policy priorities and the provision of strategic guidelines for European Integrated Border Management. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted
2018/12/11
Committee: LIBE
Amendment 375 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 1 – paragraph 1
This Regulation establishes a European Border and Coast Guard to ensure European Integrated Border Management at the external borders with a view tosupport the capacity of Member States to efficiently managinge the crossing of those external borders efficiently, as well as increasing the efficiency of the common return policy as a key component of sustainable migra, and guaranteeing the right to international protection managd free movement.
2018/12/11
Committee: LIBE
Amendment 379 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 1 – paragraph 2
The Regulation addresses migratory challenges, including return, and potential future threats at those borders, thereby contributing to addressing serious crime with a cross-border dimension, to ensure a high level of internal security within the Union in full respect for fundamental rights, while safeguarding the free movement of persons within it.
2018/12/11
Committee: LIBE
Amendment 386 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘situational picture’ means an aggregation of geo-referenced near-real- time data and information received from different authorities, sensors, platforms and other sources, which is transmitted across secured communication and information channels and can be processed and selectively displayed and shared with other relevant authorities in the EU in order to achieve situational awareness and support the reaction capability at, along or in proximity of the external borders and the pre-frontier area;
2018/12/11
Committee: LIBE
Amendment 387 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘cross-border crime’ means any serious crime with a cross-border dimension resulting from the nature or impact of such offences committed or attempted to be committed at, along or in the proximity of, the external borders; these areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.
2018/12/11
Committee: LIBE
Amendment 390 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 13
(13) ‘pre-frontier area’ means the geographical area beyond the external borders;deleted
2018/12/11
Committee: LIBE
Amendment 395 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘incident’ means a situation relating to illegal immigration, cross-border crime or a risk to the lives of migrants at, along or in the proximity of, the external borders;
2018/12/11
Committee: LIBE
Amendment 396 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 16
(16) ‘operational staff' means border guards, return escorts, return specialists and other relevant staff constituting the "European Border and Coast Guard standing corps". I, in accordance with the threewo categories defined under Article 55(1), operational staff is either employed by the European Border and Coast Guard Agency as statutory staff (category 1),is either seconded to the Agency by the Member States (category 21) or provided for short term deployment by the Member States (category 32). Operational staff is to act as members of border management teams, migration management support teams or return teams having executive powers. Operational staff also includes the statutory staff responsible for the functioning of the central unit of ETIAS;
2018/12/11
Committee: LIBE
Amendment 398 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 17
(17) ‘border management teams’ means teams formed from the European Border and Coast Guard standing corps to be deployed during joint operations at the external borders and rapid border interventions in Member States and third countrito be deployed during joint operations tackling cross-border crime at the external borders in Member States;
2018/12/11
Committee: LIBE
Amendment 399 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 18
(18) ‘member of the teams’ means a member of the European Border and Coast Guard standing corps deployed through border management teams, migration management support teams and returndeployed through border management teams;
2018/12/11
Committee: LIBE
Amendment 400 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 19
(19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas or in controlled centres, composed of operational staff from the European Border and Coast Guard standing corps, experts deployed by the [the European Union Agency for Asylum], and from Europol, or other relevant Union agencies as well as from Member States;deleted
2018/12/11
Committee: LIBE
Amendment 407 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 20
(20) ‘host Member State’ means a Member State in which a joint operation or a rapid border intervention, a return operation or a return intervention takes place, or from which it is launched, or in which a migration management support team is deploytakes place, or from which it is launched;
2018/12/11
Committee: LIBE
Amendment 408 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 21
(21) ‘home Member State’ means the Member State from which a staff member is deployed or seconded to the operational staff of the European Border and Coast Guard standing corpsagency;
2018/12/11
Committee: LIBE
Amendment 409 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 22
(22) ‘participating Member State’ means a Member State which participates in a joint operation, rapid border intervention, return operation, return intervention or in a deployment of a migration management support team, by providing technical equipment or operational staff of the European Border and Coast Guard standing corps, as well as a Member State which participates in return operations or return interventions by providing technical equipment or staff, but which is not a host Member State by providing technical equipment or operational staff of the European Border and Coast Guard standing corps;
2018/12/11
Committee: LIBE
Amendment 410 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 23
(23) ‘hotspot area’ means an area in which the host Member State, the Commission, relevant Union agencies and participating Member States cooperate, with the aim of managing an existing or potential disproportionate migratory challenge characterised by a significant increase in the number of migrants arriving at the external borders;deleted
2018/12/11
Committee: LIBE
Amendment 416 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 24
(24) ‘controlled centre’ means a centre, established at the request of the Member State, where relevant Union agencies in support of the host Member State and with participating Member States, distinguish between third-country nationals in need of international protection and those who are not in need of such protection, as well as carry out security checks and where they apply rapid procedures for international protection and/or return;deleted
2018/12/11
Committee: LIBE
Amendment 417 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 25
(25) ‘return’ means return as defined in point 3 of Article 3 of Directive 2008/115/EC;deleted
2018/12/11
Committee: LIBE
Amendment 418 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 26
(26) ‘return decision’ means return decision as defined in point 4 of Article 3 of Directive 2008/115/EC;deleted
2018/12/11
Committee: LIBE
Amendment 420 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 27
(27) ‘returnee’ means an illegally staying third-country national who is the subject of a return decision or its equivalent in a third country;deleted
2018/12/11
Committee: LIBE
Amendment 423 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 28
(28) ‘return operation’ means an operation that is organised or coordinated by the European Border and Coast Guard Agency and involves technical and operational reinforcement provided to one or more Member States or to a third country, under which returnees from one or more Member States or from a third country are returned, either on a forced or voluntary basis, irrespective of the means of transport;deleted
2018/12/11
Committee: LIBE
Amendment 426 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 29
(29) ‘return intervention’ means an activity of the European Border and Coast Guard Agency providing Member States or third countries with enhanced technical and operational assistance consisting of the deployment of return teams and the organisation of return operations;deleted
2018/12/11
Committee: LIBE
Amendment 428 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 30
(30) ‘return teams’ means teams formed from the European Border and Coast Guard standing corps to be deployed during return operations, return interventions in Member States and third countries or other operational activities linked to the implementation of return- related tasks;deleted
2018/12/11
Committee: LIBE
Amendment 430 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 2 – paragraph 1 – point 31
(31) ‘immigration liaison officer’ means immigration liaison officer as defined in Article 1 of Council Regulation (EC) No 377/200438 . _________________ 38 Council 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).deleted
2018/12/11
Committee: LIBE
Amendment 436 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) border control, including measures to facilitate legitimate border crossings and, where appropriate, measures related to the prevention and detection of cross- border crime, such as migrant smuggling, trafficking in human beings and terrorismin the areas defined in article 83 TFEU, and measures related to the referral of persons who are in need of, or wish to apply for, international protection;
2018/12/11
Committee: LIBE
Amendment 439 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) search and rescue operations for persons in distress at sea launched and carried out in accordance with Regulation (EU) No 656/2014 and with international law, taking place in situations which may arise during border surveillance operations at seainternational law;
2018/12/11
Committee: LIBE
Amendment 444 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) inter-agency cooperation among the national authorities in each Member State which are responsible for border control or for other tasks carried out at the border, as well as between authorities responsible for return in each Member Statend national and international bodies in charge of protecting fundamental rights, including the regular exchange of information through existing information exchange tools;
2018/12/11
Committee: LIBE
Amendment 446 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 3 – paragraph 1 – point g
(g) cooperation with third countries in the areas covered by this Regulation;deleted
2018/12/11
Committee: LIBE
Amendment 450 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 3 – paragraph 1 – point h
(h) technical and operational measures within the Schengen area which are related to border control and designed to address illegal immigration and to counter cross- border crime better;
2018/12/11
Committee: LIBE
Amendment 451 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 3 – paragraph 1 – point i
(i) return of third-country nationals who are the subject of return decisions issued by a Member State;deleted
2018/12/11
Committee: LIBE
Amendment 453 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 3 – paragraph 1 – point j
(j) use of state-of-the-art technology including large-scale information systems;deleted
2018/12/11
Committee: LIBE
Amendment 457 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 4 – paragraph 1
The European Border and Coast Guard Agency (‘the Agency’) and the national authorities of Member States responsible for border management, including coast guards to the extent that they carry out border control tasks, as well as the authorities responsible for return, shall constitute the European Border and Coast Guard.
2018/12/11
Committee: LIBE
Amendment 458 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 5 – paragraph 2
(2) The Agency shall include the European Border and Coast Guard standing corps of 10 000 operational staff as referred to in Article 55.deleted
2018/12/11
Committee: LIBE
Amendment 463 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 5 – paragraph 3
(3) To ensure a coherent European integrated border management, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of the external borders and return, in particular the Schengen Borders Code established by Regulation (EU) 2016/399.deleted
2018/12/11
Committee: LIBE
Amendment 464 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 5 – paragraph 4
(4) The Agency shall contribute to the continuous and uniform application of Union law, including the Union acquis on fundamental rights, at all external bordernd ensure the application of the Charter of Fundamental Rights of the European Union in all its activities. Its contribution shall include the exchange of good practices to fight cross-border crime.
2018/12/11
Committee: LIBE
Amendment 468 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 7 – paragraph 1
(1) The European Border and Coast Guard shall implement European Integrated Border Management asbe based on a shared responsibility of the Agency and of the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks. Member States shall retain primarythe responsibility for the management of their sections of the external borders.
2018/12/11
Committee: LIBE
Amendment 470 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 7 – paragraph 2
(2) The Agency shall provide technical and operational assistance in the implementation of measures relating to the enforcement of return decisions. Member States shall retain the responsibility for issuing return decisions and the measures pertaining to the detention of returnees in accordance with Directive 2008/115/EC.deleted
2018/12/11
Committee: LIBE
Amendment 473 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 7 – paragraph 3
(3) Member States shall ensure the management of their external borders and the enforcement of return decisions, in their own interests and in the common interest of all Member States in full compliance with Union law and in line with the multiannual strategic policy cycle for European Integrated Border Management referred to in Article 8, in close cooperation with the Agency.deleted
2018/12/11
Committee: LIBE
Amendment 477 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 7 – paragraph 4
(4) The Agency shall support the application of Union measureacquis relating to the management of the external borders and the enforcement of return decisions by reinfsupporcting, assessing and the coordinatingon of the actions of Member States, as well as providing direct technical and operational assistance, in the implementation of those measures and in return matters in the fight against cross-border crime.
2018/12/11
Committee: LIBE
Amendment 480 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 7 – paragraph 5
(5) Member States may continue cooperation at an operational level with other Member States and/or third countries, where such cooperation is compatible with the tasks of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives. 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 returninform the Agency on that operational cooperation with other Member States at the external borders. The executive director shall inform the management board on those matters on a regular basis and at least once a year.
2018/12/11
Committee: LIBE
Amendment 486 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 8
[...]deleted
2018/12/11
Committee: LIBE
Amendment 509 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 9
(1) On the basis of the multiannual strategic policy cycle for European Integrated Border Management referred to in Article 8, the European Border and Coast Guard shall establish an integrated planning for border management and returns. (2) Integrated planning shall include operational planning, contingency planning and capability development planning and shall be established in accordance with Article 67. (3) Each plan of the integrated planning shall contain the scenario against which it is developed. Scenarios shall be derived from risk analysis and shall reflect the possible evolution of the situation at the external borders and in the area of illegal migration and the challenges identified in the multiannual strategic policy cycle for European Integrated Border Management. (4) The Agency’s management board shall meet at least once a year to discuss and approve the capability roadmap of the European Border and Coast Guard in accordance with 67 (6). Once the capability roadmap is approved by the management board, it shall be annexed to the technical and operational strategy referred to in Article 8 (5).Article 9 deleted Integrated planning
2018/12/11
Committee: LIBE
Amendment 526 #
Marina ALBIOL GUZMÁN
(1) The Agency shall perform the following tasks with a view to contributing to an efficient, high and uniform level of border control and returnthe fight against cross-border crime:
2018/12/11
Committee: LIBE
Amendment 527 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 1
1. monitor migratory flows and carry out risk analysis as regards all aspects of integrated border management;deleted
2018/12/11
Committee: LIBE
Amendment 528 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 2
2. monitor the operational needs of Member States related to the implementation of returnsfight against cross-border crime, including by collecting operational data;
2018/12/11
Committee: LIBE
Amendment 529 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 3
3. carry out a vulnerability assessment including the assessment of the capacity and readiness of Member States to face threats and challenges at the external borderscross-border crime;
2018/12/11
Committee: LIBE
Amendment 530 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 4
4. monitor the management of the externalfight against cross- borders crime through liaison officers of the Agency in Member States;
2018/12/11
Committee: LIBE
Amendment 532 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 5
5. support the development and operation of the EUROSUR framework;deleted
2018/12/11
Committee: LIBE
Amendment 534 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 7
7. assist Member States in circumstances requiring urgent search and rescue operations though increased technical and operational assistance at the external borders, by launching rapid border intervenproactive search and rescue operations at the external borders of those Member States facing specific and disproportionate challenges, taking into account that some situations may involve humanitarian emergencies and rescue at sea in accordance with Union andincidents at sea, including in international lawwaters;
2018/12/11
Committee: LIBE
Amendment 538 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 8
8. provide technical and operational assistance to Member States and third countries in accordance with Regulation (EU) No 656/2014 andin accordance with international law, in support of search and rescue operations for persons in distress at sea which may arise during border surveillance op, including through proactive search and rescue operations at the external borders of those Member States facing incidents at sea, including in internations at seaal waters;
2018/12/11
Committee: LIBE
Amendment 542 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 9
9. deploy the European Border and Coast Guard standing corps in the framework of border management teams, migration management support teams and return teams during joint operations and in rapid border interventions, return operations and return interventions;deleted
2018/12/11
Committee: LIBE
Amendment 543 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 10
10. set up a technical equipment pool, including a rapid reaction equipment pool, to be deployed in joint operations, rapid border interventions and in the framework of migration management support teams, as well as in return operations and return interventions;deleted
2018/12/11
Committee: LIBE
Amendment 544 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 11
11. develop and manage its own human and technical capabilities to contribute to the European Border and Coast Guard standing corps and the technical equipment pool, including the recruitment and training of the members of its staff acting as team members;deleted
2018/12/11
Committee: LIBE
Amendment 545 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 12
12. within the framework of the migration management support teams at hotspot areas or in controlled centres;deleted
2018/12/11
Committee: LIBE
Amendment 550 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 13
13. deploy operational staff and technical equipment to provide assistance in screening, debriefing, identification and fingerprintingthe fight against cross-border crime;
2018/12/11
Committee: LIBE
Amendment 553 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 15
15. provide assistance in all stages of the return process and with the coordination and organisation of return operations, as well as return interventions;deleted
2018/12/11
Committee: LIBE
Amendment 555 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 16
16. assist Member States in circumstances requiring increased technical and operational assistance to implement the obligation to return irregular migrants, including, coordination or organisation of return operations;deleted
2018/12/11
Committee: LIBE
Amendment 558 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 17
17. set up a pool of forced-return monitors;deleted
2018/12/11
Committee: LIBE
Amendment 561 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 18
18. deploy return teams during return interventions;deleted
2018/12/11
Committee: LIBE
Amendment 562 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 19
19. within the respective mandates of the agencies concerned, cooperate with Europol and Eurojust and provide support to Member States in circumstances requiring increased technical and operational assistance at the external borders in the fight against organised cross-border crime and terrorism;
2018/12/11
Committee: LIBE
Amendment 563 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 20
20. cooperate with the European Union Agency for Asylum in particular to facilitate measures where third country nationals, whose application for international protection has been rejected by means of a final decision, are subject to return;deleted
2018/12/11
Committee: LIBE
Amendment 566 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 20
20. cooperate with the European Union Agency for Asylum in particular to facilitate measures where third country nationals, whose application for international protection has been rejected by means of a final decision, are subject to returto ensure that all third country nationals are effectively able to apply for international protection;
2018/12/11
Committee: LIBE
Amendment 571 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 21 a (new)
21 a. Cooperate with the European Union Agency for Fundamental Rights, to ensure the continuous and uniform application of the Union acquis on fundamental rights in all its activities;
2018/12/11
Committee: LIBE
Amendment 572 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 22
22. cooperate with third countries in the areas covered by the Regulation, including through the possible operational deployment of border management teams and return teams in third countries;deleted
2018/12/11
Committee: LIBE
Amendment 578 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 23
23. support third countries in the coordination or organisation of return activities to other third countries, including the sharing of personal data for return purposes;deleted
2018/12/11
Committee: LIBE
Amendment 579 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 24
24. assist Member States and third countries in the context of technical and operational cooperation between them in the matters covered by this Regulation;deleted
2018/12/11
Committee: LIBE
Amendment 580 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 25
25. assist Member States and third countries in training of national border guards, other relevant staff and experts on returnthe fight against cross-border crime, including the establishment of common training standards;
2018/12/11
Committee: LIBE
Amendment 584 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 26
26. participate in the development and management of research and innovation activities relevant for the control and surveillance of the external borders, including the use of advanced surveillance technology, and develop pilot projects regarding matters covered by this Regulation;deleted
2018/12/11
Committee: LIBE
Amendment 587 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 27
27. support the development of technical standards of equipment in the area of border control and return including for interconnection of systems and networks;deleted
2018/12/11
Committee: LIBE
Amendment 589 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 29
29. develop and operate, in accordance with [Regulation (EC) No 45/2001], information systems that enable swift and reliable exchanges of information regarding emerging risks in the management of the external borders, illegal immigration and returnthe fight against cross-border crime, in close cooperation with the Commission, Union bodies, offices and agencies as well as the European Migration Network established by Decision 2008/381/EC;
2018/12/11
Committee: LIBE
Amendment 592 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 30
30. provide, as appropriate, the necessary assistance for the development of a common information-sharing environment, including interoperability of systems;deleted
2018/12/11
Committee: LIBE
Amendment 595 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 31
31. manage and operate the False and Authentic Documents Online system referred to in Article 80;deleted
2018/12/11
Committee: LIBE
Amendment 596 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 10 – paragraph 1 – point 32
32. fulfil the tasks and obligations entrusted to the Agency referred to in [Regulation establishing a European Travel Information and Authorisation System (ETIAS)] and ensure the setting up and operation of the ETIAS Central Unit in accordance with Article 7 of [Regulation establishing a European Travel Information and Authorisation System (ETIAS)].deleted
2018/12/11
Committee: LIBE
Amendment 601 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 11 – paragraph 1
The Agency and the national authorities which are responsible for border management and returnthe fight against cross-border crime, including coast guards to the extent that they carry out border controlthese tasks, shall be subject to a duty to cooperate in good faith and an obligation to exchange information.
2018/12/11
Committee: LIBE
Amendment 603 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 12 – paragraph 1
1. In order to perform the tasks conferred on them by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Unioncross- border crime, to carry out risk analysis and to perform the vulnerability assessment, as well as to provide technical and operational assistance in the field of returnght against cross-border crime, the Agency and the national authorities responsible for border management and returnthe fight against cross-border crime, including coast guards to the extent that they carry out border controlthese tasks, shall, in accordance with this Regulation and other relevant Union and national law regarding the exchange of information, share in a timely and accurate manner all necessary information.
2018/12/11
Committee: LIBE
Amendment 609 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 12 – paragraph 3
3. The Agency and the [European Union Agency for Asylum] shall exchange information for the purpose of risk analysis, collection of statistical data, assessment of the situation in third countries, training and the support to Member States on contingency planning. For those purposes, the necessary tools and structures shall be developed between the Agencies.
2018/12/11
Committee: LIBE
Amendment 611 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 13 – paragraph 1
Member States shall appoint a national contact point for communication with the Agency on all matters pertaining to the activities of the Agencyjoint operations. The national contact point shall be reachable at all times and ensure the timely dissemination of all information relevant to joint operations from the Agency to all the relevant authorities within the Member State concerned, in particular the members of the management board and the National Coordination Centre.
2018/12/11
Committee: LIBE
Amendment 613 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
1. The Agency shall establish and maintain a communication network in order to provide communication and analytical tools and allow for the exchange of sensitive non- classified and classified information in a secure manner and in near real time with, and among, the national coordination centres. The network shall be operational twenty-four hours a day and seven days a week and shall allow for:
2018/12/11
Committee: LIBE
Amendment 615 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 15 – paragraph 1
1. The Agency may take all necessary measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, third parties and third countries as referred to in Article 69 and Article 71.
2018/12/11
Committee: LIBE
Amendment 621 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 15 – paragraph 4
4. In relation to return, the Agency shall develop and operate a central return management system for processing all information necessary for the Agency to provide operational assistance in accordance with Article 49 automatically communicated by the Member States’ national systems, including operational return data.deleted
2018/12/11
Committee: LIBE
Amendment 623 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Chapter 2 – section 3
[...]deleted
2018/12/11
Committee: LIBE
Amendment 624 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 18
This Regulation establishes EUROSUR as an integrated framework for the exchange of information and for cooperation within the European Border and Coast Guard in order to improve situational awareness and to increase the reaction capability for border management of the Union for the purpose of detecting, preventing and combating illegal immigration and cross- border crime and contributing to ensuring the protection and saving the lives of migrants.Article 18 deleted EUROSUR
2018/12/11
Committee: LIBE
Amendment 626 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 19
(1) EUROSUR shall apply to border checks at authorised border crossing points, and to the surveillance of external land, sea and air borders, including the 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 and contributing to ensuring the protection and saving the lives of migrants. (2) EUROSUR shall not apply to any legal or administrative measure taken once the responsible authorities of a Member State have intercepted cross-border criminal activities or unauthorised crossings by persons of the external borders.Article 19 deleted Scope of EUROSUR
2018/12/11
Committee: LIBE
Amendment 632 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 20
(1) For the exchange of information and for the cooperation in the field of border control, Member States and the Agency shall use the EUROSUR framework, consisting of the following components: (a) national coordination centres; (b) national situational pictures; (c) a European situational picture including external border sections with corresponding impact levels; (d) specific situational pictures; (e) EUROSUR Fusion Services as referred to in Article 29; (f) integrated planning in line with Article 9 and Article 67. (2) The national coordination centres shall provide the Agency, via the communication network and relevant systems, with information, from their national situational pictures and as appropriate from specific situational pictures, which is required for the establishment and maintenance of the European situational picture. (3) The Agency shall give the national coordination centres, via the communication network, unlimited access twenty-four hours a day and seven days a week, to specific situational pictures and to the European situational picture.Article 20 deleted EUROSUR components
2018/12/11
Committee: LIBE
Amendment 634 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 21
National coordination centre (1) Each Member State shall designate, operate and maintain a national coordination centre which shall coordinate, and exchange information among all authorities with a responsibility for external border control at national level, as well as with the other national coordination centres and the Agency. Each Member State shall notify the establishment of its national coordination centre to the Commission, which shall forthwith inform the other Member States and the Agency thereof. (2) Without prejudice to Article 13 and within the framework of EUROSUR, the national coordination centre shall be the single point of contact for the exchange of information and for the cooperation with other national coordination centres and with the Agency. (3) The national coordination centre shall: (a) ensure the timely exchange of information and timely cooperation between all national authorities with a responsibility for external border control, as well as with other national coordination centres and the Agency; (b) ensure the timely exchange of information with search and rescue, law enforcement, asylum and immigration authorities and manage the dissemination of relevant information at national level; (c) contribute to an effective and efficient management of resources and personnel; (d) establish and maintain the national situational picture in accordance with Article 26; (e) support and coordinate the planning and implementation of national border control activities; (f) coordinate the national border control system, in accordance with national law; (g) contribute to regularly measuring the effects of national border control activities for the purposes of this Regulation; (h) coordinate operational measures with other Member States and third countries, without prejudice to the competences of the Agency and of the other Member States; (i) exchange relevant information with the national immigration liaison officers when acting, with a view to contributing to the European Situational Picture and supporting border control operations; (j) coordinate the user access and security for national and Agency’s information systems. (4) The national coordination centre shall operate twenty-four hours a day and seven days a week.Article 21 deleted
2018/12/11
Committee: LIBE
Amendment 635 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 22
Allocation of tasks to other authorities in (1) Member States may charge regional, local, functional or other authorities which are in a position to take operational decisions, with ensuring situational awareness and reaction capability in their respective areas of competence, including the tasks and competences referred to in points (c), (e) and (f) of Article 21(3). (2) The decision of Member States to allocate tasks in accordance with paragraph 1 shall not affect the national coordination centre in its ability to cooperate and exchange information with other national coordination centres and the Agency. (3) In pre-defined cases, as determined at national level, the national coordination centre may authorise an authority referred to in paragraph 1 to communicate and exchange information with the regional authorities or the national coordination centre of another Member State or the competent authorities of a third country on condition that such authority regularly informs its own national coordination centre of such communication and information exchange.rticle 22 deleted the Member States
2018/12/11
Committee: LIBE
Amendment 637 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 23
(1) The Commission assisted by a Committee in accordance with the procedure referred to in Article 117(2) shall, in close cooperation with the Agency and any other relevant Union body, office or agency adopt and make available a practical handbook for the implementation and management ofArticle 23 deleted EUROSUR (the ‘Handbook’). The Handbook shall provide technical and operational guidelines, recommendations and best practices, including on cooperation with third countries. The Commission shall adopt the Handbook in the form of a recommendation. (2) The Commission may decide, after consultation with Member States and the Agency, to classify parts of the Handbook as RESTREINT UE/EU RESTRICTED in compliance with the rules laid down in the Rules of Procedure of the Commission.
2018/12/11
Committee: LIBE
Amendment 638 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 24
(1) The Agency and the Member States shall ensure that procedures are in place to monitor the technical and operational functioning of EUROSUR against the objectives of achieving an adequate situational awareness and reaction capability at the external borders. (2) The Agency shall constantly monitor the quality of the service offered by the communication network and the quality of the data shared in the EUROSUR situational picture. (3) The Agency shall transmit the quality control information to the relevant users as part of the EUROSUR Fusion Services. Such information shall be classified RESTREINT UE/EU RESTRICTEDArticle 24 deleted Monitoring of EUROSUR
2018/12/11
Committee: LIBE
Amendment 640 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2 – point a
(a) an events layer including all events related to unauthorised border crossings, cross-border crime, and the detection of unauthorised secondary movementscross-border crime;
2018/12/11
Committee: LIBE
Amendment 645 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 25 – paragraph 3
(3) The events, operational and analysis layers of the situational pictures referred to in paragraph 1 shall be structured in the same manner.deleted
2018/12/11
Committee: LIBE
Amendment 646 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 1
The details of the information layers of the situational pictures and the rules for the establishment of specific situational pictures shall be laid down in an implementing act adopted by the Commission in accordance with the procedure referred to in Article 117(3).deleted
2018/12/11
Committee: LIBE
Amendment 647 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 26 – paragraph 2 – point i
(i) authorities of third countries, on the basis of bilateral or multilateral agreements and regional networks referred to in Article 75deleted
2018/12/11
Committee: LIBE
Amendment 649 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 26 – paragraph 5
(5) The national coordination centres of neighbouring Member States shallmay share with each other, directly and in near-real- time, the situational picture of neighbouring external border sections including the positions, status and type of own assets operating in the neighbouring external border sections.
2018/12/11
Committee: LIBE
Amendment 654 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 27 – paragraph 2 – point e
(e) authorities of third countries, on the basis of bilateral or multilateral agreements and regional networks as referred to in Article 73, and working arrangements as referred to in Article 74(1);deleted
2018/12/11
Committee: LIBE
Amendment 655 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 27 – paragraph 3 – point b
(b) incidents and other events contained in the common pre-frontier intelligence picture;deleted
2018/12/11
Committee: LIBE
Amendment 656 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 27 – paragraph 3 – point c
(c) incidents in the operational area of a joint operation, or rapid intervention coordinated by the Agency, or in a hotspot or controlled centre.
2018/12/11
Committee: LIBE
Amendment 660 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 27 – paragraph 4
(4) The operational layer of the European situational picture shall contain information on the joint operations, and rapid interventions coordinated by the Agency and on hotspots and controlled centres, including the mission statement, location, status, duration, information on the Member States and other actors involved, daily and weekly situational reports, statistical data and information packages for the media.
2018/12/11
Committee: LIBE
Amendment 666 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 27 – paragraph 6
(6) In the European situational picture, the Agency shall take into account the impact level that was assigned to a specific incident in the national situational picture by the national coordination centre and for any incident in the pre-frontier area, the Agency shall assign a single indicative impact level and shall inform the national coordination centres.
2018/12/11
Committee: LIBE
Amendment 668 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 28 – paragraph 1
(1) The Agency and the Member States may establish and maintain specific situational pictures in order to support specific operational activities at the external borders or to share information with third parties referred to in Article 69 or third countries as provided for in Article 76 or with both.
2018/12/11
Committee: LIBE
Amendment 670 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 28 – paragraph 3
(3) The modalities for establishing and sharing the specific situational pictures shall be described in the operational plan for the operational activities concerned and in the bilateral or multilateral agreement when the specific situational picture is established in the framework of a bilateral or multilateral cooperation with third countries. Sharing with third countries shall not be allowed.
2018/12/11
Committee: LIBE
Amendment 671 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 29
(1) The Agency shall coordinate the EUROSUR Fusion Services in order to supply the national coordination centres, the Commission and itself with information on the external borders and on the pre-frontier area on a regular, reliable and cost-efficient basis. (2) The Agency shall provide a national coordination centre, at its request, with information on the external borders of the requesting Member State and on the pre- frontier area which may be derived from: (a) selective monitoring of designated third-country ports and coasts which have been identified through risk analysis and information as being embarkation or transit points for vessels or other craft used for illegal immigration or cross- border crime; (b) tracking of vessels or other craft over high seas which are suspected of, or have been identified as, being used for illegal immigration or cross-border crime; (c) monitoring of designated areas in the maritime domain in order to detect, identify and track vessels and other craft being used for, or suspected of being used for, illegal immigration or cross-border crime; (d) environmental assessment of designated areas in the maritime domain and at the external land and air borders in order to optimise monitoring and patrolling activities; (e) selective monitoring of designated pre- frontier areas at the external borders which have been identified through risk analysis and information as being potential departure or transit areas for illegal immigration or cross-border crime; (f) monitoring of migratory flows towards and within the Union; (g) media monitoring, open source intelligence and analysis of internet activities in line with Directive (EU) 2016/680 of the European Parliament and of the Council42 for preventing illegal immigration or cross-border crime; (h) analysis of large-scale information systems for the purpose of detecting changing routes and methods used for illegal immigration and cross-border crime. (3) The Agency may refuse a request from a national coordination centre for technical, financial or operational reasons. The Agency shall notify the national coordination centre in due time of the reasons for such a refusal. (4) The Agency may use on its own initiative the surveillance tools referred to in paragraph 2 for collecting information on the pre-frontier area, which is relevant for the European situational picture. _________________ 42 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).Article 29 deleted EUROSUR Fusion Services
2018/12/11
Committee: LIBE
Amendment 691 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 30 – paragraph 2
2. The Agency shall prepare general annual risk analyses, which shall be submitted to the European Parliament, to the Council and to the Commission in accordance with Article 91, and tailored risk analyses for operational activities. Every two years, the Agency shall prepare and submit to the European Parliament, to the Council and to the Commission a strategic risk analysis for European Integrated Border Management which shall be taken into account for the preparation of the multiannual Strategic policy cycle for European Integrated Border Management.
2018/12/11
Committee: LIBE
Amendment 693 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 30 – paragraph 3
3. The risk analyses referred to in paragraph 2 prepared by the Agency shall cover all aspects relevant to European Integrated Border Management with a view to developing a pre-warning mechanism.deleted
2018/12/11
Committee: LIBE
Amendment 696 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 30 – paragraph 4
4. Member States shall provide the Agency 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 Agency, 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 from the analysis layer of the national situational picture as provided for in Article 26.deleted
2018/12/11
Committee: LIBE
Amendment 698 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 30 – paragraph 6
6. Member States shall take results of the risk analysis into account when planning their operations and activities at the external borders and their activities with regard to return.deleted
2018/12/11
Committee: LIBE
Amendment 700 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 30 – paragraph 7
7. The Agency shall incorporate the results of a common integrated risk analysis model in its development of common core curricula for the training of border guards and of staff involved in return-related tasks.deleted
2018/12/11
Committee: LIBE
Amendment 701 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 31 – paragraph 2
Any registration of change of the border sections by a Member State shall be coordinated withnotified to the Agency to ensure a continuity of risk analysis by the Agency.
2018/12/11
Committee: LIBE
Amendment 703 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 32 – paragraph 3 – point a
(a) act as an interface between the Agency and the national authorities responsible for border management and return, including coast guards to the extent that they carry out border control tasks;
2018/12/11
Committee: LIBE
Amendment 704 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 32 – paragraph 3 – point b
(b) support the collection of information required by the Agency for the monitoring of illegal immigration and risk analyses referred to in Article 30;deleted
2018/12/11
Committee: LIBE
Amendment 708 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 32 – paragraph 3 – point e
(e) contribute to promoting the application of the Union acquis relating to the management of the external borders and return, including with regard to respect for fundamental rights;
2018/12/11
Committee: LIBE
Amendment 712 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 32 – paragraph 3 – point h
(h) report regularly to the executive director on the situation at the external borders and the capacity of the Member State concerned to deal effectively with the situation at the external borders; report also on the execution of return operations towards relevant third countries;
2018/12/11
Committee: LIBE
Amendment 716 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 32 – paragraph 5 – point b
(b) keep regular contacts with national authorities which are responsible for border management and return, including coast guards to the extent that they carry out border control tasks, whilst informing a point of contact designated by the Member State concerned.
2018/12/11
Committee: LIBE
Amendment 730 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 33 – paragraph 4
4. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and challenges at the external borders; to identify, especially for those Member States facing specific and disproportionate challenges, 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 European Border and Coast Guard standing corps and Technical Equipment Pool, including the Rapid Reaction Equipment Pool. That assessment is without prejudice to the Schengen evaluation mechanism.
2018/12/11
Committee: LIBE
Amendment 732 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 33 – paragraph 5
5. In the vulnerability assessment, the Agency shall take into account Member States' capacity to carry out all border management tasks, including their capacity to deal with the potential arrival of large numbers of persons on their territory.deleted
2018/12/11
Committee: LIBE
Amendment 737 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 33 – paragraph 6
6. The results of the vulnerability assessment shall be submitted to the Member States concerned. The Member States concerned may comment on that assessmenshall have the possibility to comment on that assessment within a sufficient time limit.
2018/12/11
Committee: LIBE
Amendment 740 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 33 – paragraph 7
7. When necessary the executive director shall, in consultation with the Member State concerned, make a recommendation setting out the necessary measures to be taken by the Member State concerned and the time limit within which such measures shall be implemented. The executive director shall invite the Member States concerned to take the necessary measures based on an action plan developed by the Member State in consultation with the executive director.deleted
2018/12/11
Committee: LIBE
Amendment 746 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 33 – paragraph 8 – subparagraph 1
The executive director shall recommend measures to the Member States concerned on the basis of the results of the vulnerability assessment, taking into account the Agency's risk analysis, the comments of the Member State concerned and the results of the Schengen evaluation mechanism.deleted
2018/12/11
Committee: LIBE
Amendment 748 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 33 – paragraph 8 – subparagraph 2
The measures should be aimed at eliminating the vulnerabilities identified in the assessment in order for Member States to increase their readiness to face upcoming challenges at their external borders by enhancing or improving their capabilities, technical equipment, systems, resources and contingency plans.
2018/12/11
Committee: LIBE
Amendment 751 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 33 – paragraph 9 – subparagraph 1
The Executive Director shall monitor the implementation of the recommendations by means of regular reports submitted by the Member States based on the action plans referred to in paragraph 7 of this Article.deleted
2018/12/11
Committee: LIBE
Amendment 755 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 33 – paragraph 9 – subparagraph 2
In case of a risk of delay in the implementation of a recommendation by a Member State within the set time-limit, the Executive Director shall immediately inform the member of the Management Board from the Member State concerned and the Commission and enquire with the relevant authorities of that Member State on the reasons for the delay and offer support by the Agency to facilitate the implementation of the measure.deleted
2018/12/11
Committee: LIBE
Amendment 760 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 33 – paragraph 10
10. Where a Member State does not implement the necessary measures of the recommendation within the time limit referred to in paragraph 7 of this Article, the executive director shall refer the matter to the management board and notify the Commission. The management board shall adopt a decision on a proposal of the executive director setting out the necessary measures to be taken by the Member State concerned and the time limit within which such measures shall be implemented. The decision of the management board shall be binding on the Member State. If the Member State does not implement the measures within the time limit foreseen in that decision, the management board shall notify the Council and the Commission and further action may be taken in accordance with Article 43.deleted
2018/12/11
Committee: LIBE
Amendment 767 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 34
assessment and the Schengen evaluation 1. The synergies between vulnerability assessments and the Schengen evaluation mechanism established by Regulation (EU) No 1053/2013 shall be maximised in view of establishing an improved situational picture on the functioning of the Schengen area, avoiding, to the extent possible, duplication of efforts on the Member States' side, and ensuring a better coordinated use of the relevant Union financial instruments supporting the management of the external borders. 2. For the purpose referred to in paragraph 1 the Commission and the Agency shall establish the necessary arrangements to share with each other in a regular, secured and timely manner all information related to the results of vulnerability assessments and the Schengen evaluation mechanism in the area of border management. The exchange mechanism shall cover the reports of vulnerability assessments and of Schengen evaluation visits, subsequent recommendations, action plans and any updates on the implementation of the action plans provided by the Member States. 3. The arrangements referred to in paragraph 2 shall cover results of the Schengen evaluation mechanism in the area of return to ensure the full awareness of the Agency on the identified shortcomings in view of enabling it to propose appropriate measures to support Member States concerned in this regard.Article 34 deleted Synergies between the vulnerability mechanism
2018/12/11
Committee: LIBE
Amendment 768 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 34 – paragraph 3
3. The arrangements referred to in paragraph 2 shall cover results of the Schengen evaluation mechanism in the area of return to ensure the full awareness of the Agency on the identified shortcomings in view of enabling it to propose appropriate measures to support Member States concerned in this regard.deleted
2018/12/11
Committee: LIBE
Amendment 771 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 35 – paragraph 1 – point a
(a) low impact level where the incidents related to illegal immigration or cross-border crime occurring at the relevant border section have an insignificant impact on border security;
2018/12/11
Committee: LIBE
Amendment 773 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 35 – paragraph 1 – point b
(b) medium impact level where the incidents related to illegal immigration or cross-border crime occurring at the relevant border section have a moderate impact on border security;
2018/12/11
Committee: LIBE
Amendment 775 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 35 – paragraph 1 – point c
(c) high impact level where the incidents related to illegal immigration or cross-border crime occurring at the relevant border section have a significant impact on border security;
2018/12/11
Committee: LIBE
Amendment 779 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 35 – paragraph 1 – point d
(d) critical impact level where the incidents related to illegal immigration or cross-border crime occurring at the relevant border section have a decisive impact on border security to such an extent that they risk jeopardising the functioning of the Schengen Area.
2018/12/11
Committee: LIBE
Amendment 789 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 37 – paragraph 1
1. A Member State may request the Agency's assistance in implementing its obligations with regard to the control of the external borders. The Agency shall also carry out measures in accordance with Article 42 and Article 43.
2018/12/11
Committee: LIBE
Amendment 791 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
2. The Agency shall organise the appropriate technical and operational assistance for the host Member State and it may, acting in accordance with the relevant Union and international law, including the principle of non-refoulement, takeparticipate in one or more of the following measures:
2018/12/11
Committee: LIBE
Amendment 792 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
2. The Agency shall organisprovide the appropriate technical and operational assistance forto the host Member State and it may, acting in accordance with the relevant Union and international law, including the principle of non-refoulement, take one or more of the following measures:
2018/12/11
Committee: LIBE
Amendment 793 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 37 – paragraph 2 – point a
(a) coordinatearry out joint operations for one or more Member States and deploy the European Border and Coast Guard standing corps and technical equipmentunder the responsibility of one or more Member States;
2018/12/11
Committee: LIBE
Amendment 794 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 37 – paragraph 2 – point b
(b) organise rapid border interventions and deploy the European Border and Coast Guard standing corps and technical equipment;deleted
2018/12/11
Committee: LIBE
Amendment 795 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 37 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with third countries;deleted
2018/12/11
Committee: LIBE
Amendment 797 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 37 – paragraph 2 – point d
(d) deploy the European Border and Coast Guard standing corps in the framework of the migration management support teams, among others at hotspot areas or in controlled centres, including if necessary to provide technical and operational assistance in return activities;deleted
2018/12/11
Committee: LIBE
Amendment 802 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 37 – paragraph 2 – point e
(e) within the framework of operations mentioned in points (a), (b) and (c) of this paragraph and in accordance with Regulation (EU) No 656/2014 and international law, provide technical and operational assistance to Member States and third countries, in support of their search and rescue operations for persons in distress at sea which may arise during border surveillance op, including in internations at seaal waters;
2018/12/11
Committee: LIBE
Amendment 806 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 37 – paragraph 2 – point f
(f) give priority treatment to the EUROSUR Fusion Services.deleted
2018/12/11
Committee: LIBE
Amendment 809 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 38 – paragraph 1
1. A Member State may request that the Agency launch joint operations to face upcoming challenges, including illegal immigration, present or future threats at its external borders or cross-border crime, or to provide increased technical and operational assistance when implementing its obligations with regard to the control of the external borderscross-border crime.
2018/12/11
Committee: LIBE
Amendment 816 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 38 – paragraph 2
2. At the request of a Member State faced with a situation of specific and disproportionate challenges, especially the arrival at points of the external borders of large numbers of third-country nationals trying to enter the territory of that Member State without authorisation, the Agency may deploy a rapid border intervention for a limited period of time on the territory of that host Member State.deleted
2018/12/11
Committee: LIBE
Amendment 818 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 38 – paragraph 4
4. The objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation. Such operations may involve coast guard functions and the prevention of cross-border crime, including the fight against migrant smuggling or trafficking in human beings, and migration management, including identification, registration, debriefing and return.
2018/12/11
Committee: LIBE
Amendment 824 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 39 – paragraph 3 – point j
(j) regarding sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place, including references to national, international and Union law regarding interception, rescue at sea and disembarkation. Disembarkation shall always be carried out in an EU Member State. In that regard the operational plan shall be established in accordance with Regulation (EU) No 656/2014;
2018/12/11
Committee: LIBE
Amendment 825 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 39 – paragraph 3 – point k
(k) the terms of cooperation with third countries, other Union bodies, offices and agencies or international organisations;deleted
2018/12/11
Committee: LIBE
Amendment 830 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 40
[...]deleted
2018/12/11
Committee: LIBE
Amendment 832 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 41
[...]deleted
2018/12/11
Committee: LIBE
Amendment 861 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 42
Proposed actions at the external borders 1. The executive director shall, based on the results of the vulnerability assessment or when a critical impact is attributed to one or more external border sections and taking into account the relevant elements in the Member State’s contingency plans, the Agency's risk analysis and the analysis layer of the European situational picture, recommend to the Member State concerned to initiate and carry out joint operations or rapid border interventions or any other relevant actions by the Agency as defined in Article 37. 2. The Member State concerned shall respond to the recommendation of the Executive director within five working days. In case of a negative reply on the proposed actions, the Member State shall also provide the justifications underlying this reply. The Executive Director shall without delay notify the Commission on the proposed actions and the justifications for the negative reply in view of assessing whether urgent action may be required in accordance with Article 43.Article 42 deleted
2018/12/11
Committee: LIBE
Amendment 867 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 43
[...]deleted
2018/12/11
Committee: LIBE
Amendment 902 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 43 – paragraph 3 – point b
(b) deploy the European Border and Coast Guard standing corps in the framework of the migration management support teams in particular at hotspot areas;deleted
2018/12/11
Committee: LIBE
Amendment 904 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 43 – paragraph 3 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with third countries;
2018/12/11
Committee: LIBE
Amendment 909 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 43 – paragraph 3 – point e
(e) organise return interventions.deleted
2018/12/11
Committee: LIBE
Amendment 924 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 43 – paragraph 5
5. The executive director and the Member State concerned shall draw up and agree upon the operational plan within two working days from the date of its submission.
2018/12/11
Committee: LIBE
Amendment 956 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 44 – paragraph 4
4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity, and pay particular attention to vulnerable persons. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientationlisted in Article 21 of the Charter.
2018/12/11
Committee: LIBE
Amendment 959 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 46 – paragraph 1 – point f
(f) costs related to the Agency's technical equipment, including search and rescue equipment.
2018/12/11
Committee: LIBE
Amendment 963 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 47 – paragraph 2
2. The Member States participating in a jointny operation, rapid border intervention or migration management support team deployment of the agency may request that the executive director terminate that joint operation, or rapid border intervention or migration management support team deployment.
2018/12/11
Committee: LIBE
Amendment 968 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 47 – paragraph 4
4. The executive director shall, after consulting the fundamental rights officer and informing the Member State concerned, withdraw the financing of a joint operation, rapid border intervention, pilot project, migration management support team deployment, return operation, return intervention or working arrangement or suspend or terminate, in whole or in part such activities, 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. The executive director shall inform the management board of such a decision. When taking such decisions, the Executive Director shall take into account relevant information resulting from the Agency complaints mechanism, serious incidents reports, and the reports of the Agency liaison officer posted in the host Member State as well as material originating from EU institutions and EU agencies, agencies of the Unites Nations or Council of Europe bodies and national and international non governmental organisations.
2018/12/11
Committee: LIBE
Amendment 977 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 48 – paragraph 1
The executive director shall evaluate the results of the joint operations and rapid border interventions, pilot projects, migration management support team deployments and operational cooperation with third countrall its activities. He or she shall transmit detailed evaluation reports within 60 days following the end of those activities to the management board, together with the observations of the fundamental rights officer. The executive director shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future activities, and shall include that analysis in the Agency's annual activity report.
2018/12/11
Committee: LIBE
Amendment 978 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Chapter 2 – section 8
[...]deleted
2018/12/11
Committee: LIBE
Amendment 979 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 49
[...]deleted
2018/12/11
Committee: LIBE
Amendment 1019 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 50
Information exchange systems and The Agency shall develop, deploy and operate information systems and software applications allowing for the exchange of classified and sensitive non-classified information for the purpose of return within the European Border and Coast Guard and for the purpose of exchanging personal data referred to in Articles 87- 89in accordance with Commission Decision (EU, Euratom) 2015/444, Commission Decision (EU, Euratom) 2015/443 and [Regulation (EC) No 45/2001]. In particular, the Agency shall set up, operate and maintain a central system for processing all information and data, automatically communicated by the Member States’ national return management systems, necessary for the Agency to provide technical and operational assistance in accordance with Article 49.Article 50 deleted management of return
2018/12/11
Committee: LIBE
Amendment 1025 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 51
[...]deleted
2018/12/11
Committee: LIBE
Amendment 1052 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 52
1. The Agency shall, after consulting the fundamental rights officer, constitute a pool of forced-return monitors from 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 62 of this Regulation. 2. The management board shall, on a proposal of the executive director determine the profile and the number of 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 overall numbers. Member States shall be responsible for contributing to the pool by nominating forced-return monitors corresponding to the defined profile. Forced-return monitors with specific expertise in child protection shall be included in the pool. 3. Member States' contribution of forced- return monitors to return operations and interventions for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States shall make the forced- return monitors available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such a request shall be made at least 21 working days before the intended deployment, or five working days in case of a rapid return intervention. 4. The Agency shall make the forced- return monitors available upon request to participating Member States to monitor, on their behalf, the correct implementation of the return operation and return interventions throughout their duration. It shall make available forced- return monitors with specific expertise in child protection for any return operation involving children. 5. Forced-return monitors shall remain subject to the disciplinary measures of their home Member State in the course of a return operation or return intervention.Article 52 deleted Pool of forced-return monitors
2018/12/11
Committee: LIBE
Amendment 1061 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 53
1. The Agency may deploy return teams either at the request of a Member State or on its own initiative, during return interventions, in the framework of migration management teams or as necessary to provide additional technical and operational assistance in the area of return, including where such challenges are linked to large inward mixed migratory flows or taking in third-country nationals rescued at sea. 2. Article 41(2),(3),(4) and (5), and Articles 44, 45 and 46 shall apply mutatis mutandis to the European rArticle 53 deleted Return teams.
2018/12/11
Committee: LIBE
Amendment 1069 #
Marina ALBIOL GUZMÁN
1. In circumstances where a Member State is facing a burden when implementing the obligation to return third-country nationals who are the subject of return decisions issued by a Member State, the Agency shall, either on its own initiative or upon request of that Member State, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist of the deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State. 2. The Agency may also launch return interventions in third countries, based on the directions set out in the multiannual strategic policy cycle, where such third country requires additional technical and operational assistance with regard to its return activities. Such intervention may consist of the deployment of return teams for the purpose of providing technical and operational assistance to return activities of the third country. 3. In circumstances where a Member State is facing specific and disproportionate challenges when implementing its obligation to return third-country nationals who are the subject of return decisions, the Agency shall, either on its own initiative or upon the request of that Member State, provide the appropriate technical and operational assistance in the form of a rapid return intervention. A rapid return intervention may consist in the rapid deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State. 4. In the context of a return intervention, the executive director shall draw up an operational plan without delay, in agreement with the host Member State and the participating Member States. The relevant provisions of Article 39 shall apply. 5. The executive director shall take a decision on the operational plan as soon as possible and, in the case referred to in paragraph 2, within five working days. The decision shall be immediately notified, in writing, to the Member States concerned and to the management board. 6. The Agency shall finance or co-finance return interventions from its budget in accordance with the financial rules applicable to the Agency.Article 54 deleted Return interventions
2018/12/11
Committee: LIBE
Amendment 1089 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 55 – paragraph 1 – point a
(a) Category 1: operational staff members of the Agency recruited in accordance with Article 94 (1) and deployed in operational areas in accordance with Article 56;deleted
2018/12/11
Committee: LIBE
Amendment 1106 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 56
Agency's statutory staff in the European Border and Coast Guard standing corps 1. The Agency shall contribute to the European Border and Coast Guard standing corps members of its statutory staff (Category 1) to be deployed to operational areas as members of the teams with all the tasks and powers, including the task to operate the Agency's own equipment. 2. In accordance with Article 62(2), following their recruitment, the new staff members shall undergo full border-guard or return-related training, as relevant, in the framework of dedicated training programmes designed by the Agency, and, based on agreements with selected Member States, implemented in their specialised academies. The cost of training shall be entirely covered by the Agency. 3. Throughout their employment, the Agency shall ensure that its statutory staff members discharge their duties as team members with high standards. Adequate training maps shall be designed for each staff member ensuring their constant professional qualification to fulfil border guard or return-related tasks. 4. Other staff members employed by the Agency who are not qualified to perform border control or return functions shall only be deployed during joint operations for coordination and other related tasks. They shall not form part of the teams.rticle 56 deleted
2018/12/11
Committee: LIBE
Amendment 1125 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 58 – paragraph 3
3. The Agency mayshall verify whether operational staff nominated for short-term deployments by Member States correspond to the defined profiles and possess the necessary language skills. The Agency may request that a Member State remove anshall refuse a nominated operational staff member from the national list in case of incompliance with the required profiles, insufficient linguistic skills, misconduct or infringement of the applicable rules during previous deployments.
2018/12/11
Committee: LIBE
Amendment 1134 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 60 – paragraph 1
1. Subject to the agreement of the host Member State, the Agency may set up antenna offices on its territory to facilitate and improve coordination of the operational activities, including in the field of returns, organised by the Agency in that Member State or in the neighbouring region and to ensure the effective management of the human and technical resources of the Agency. The antenna offices shall be temporary establishments set up for the period of time necessary for the Agency to carry out significant operational activities in that specific Member State or the neighbouring region concerned. That period of time may be prolonged, if necessary.
2018/12/11
Committee: LIBE
Amendment 1156 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 62 – paragraph 7
7. The Agency may organise training activities in cooperation with Member States and third countries on their territory.deleted
2018/12/11
Committee: LIBE
Amendment 1158 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 62 – paragraph 8
8. The Agency shall establish an exchange programme enabling border guards participating in its teams and staff participating in the European return intervention teams to acquire knowledge or specific know-how from experiences and good practices abroad by working with border guards and staff involved in return-related tasks in a Member State other than their own.deleted
2018/12/11
Committee: LIBE
Amendment 1166 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 64 – paragraph 6 – subparagraph 1
On a proposal of the executive director taking into account the Agency's risk analysis and the results of vulnerability assessments, the Management Board shall establish by 31 March the minimum number of items of technical equipment required to meet the needs of the Agency in the following year, in particular as regards carrying out joint operations, migration management support team deployments, rapid border interventions, activities in the area of return, including return operations and return interventions. The Agency's own equipment shall be included in the minimum number of items of technical equipment. The same decision shall establish rules relating to the deployment of technical equipment in the operational activities.
2018/12/11
Committee: LIBE
Amendment 1168 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 64 – paragraph 7
7. The technical equipment pool shall contain the minimum number of items of equipment identified as needed by the Agency per type of technical equipment. The equipment listed in the technical equipment pool shall be deployed during joint operations, migration management support team deployments, pilot projects, rapid border interventions, return operations or return interventions.
2018/12/11
Committee: LIBE
Amendment 1171 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 65 – paragraph 2 – point b
(b) the number of operational staff committed to the European and Border Guard standing corps by the Agency;deleted
2018/12/11
Committee: LIBE
Amendment 1172 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 66
1. The Agency shall proactively monitor and contribute to research and innovation activities relevant for European Integrated Border Management including the use of advanced surveillance technology, taking into account the capability roadmap referred to in Article 9 (4). The Agency shall disseminate the results of that research to the European Parliament, to the Member States and to the Commission in accordance with Article 50. It may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventions. 2. The Agency, taking into account the capability roadmap referred to in Article 9 (4). shall assist the Member States and the Commission in identifying key research themes. The Agency shall assist Member States and the Commission in drawing up and implementing the relevant Union framework programmes for research and innovation activities. 3. The Agency shall implement the parts of the Framework Programme for Research and Innovation which relate to border security. For that purpose, and where the Commission has delegated the relevant powers to it, the Agency shall have the following tasks: (a) managing some stages of programme implementation and some phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission; (b) adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme; (c) providing support in programme implementation. 4. The Agency may plan and implement pilot projects regarding matters covered by this Regulation.Article 66 deleted Research and innovation
2018/12/11
Committee: LIBE
Amendment 1178 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 67
[...]deleted
2018/12/11
Committee: LIBE
Amendment 1185 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Chapter 2 – section 10
The European Travel Information and Authorisation System (ETIAS) 68 Creation of the ETIAS Central Unit 1. An ETIAS Central Unit is established. 2. The Agency shall ensure the setting-up and operation of an ETIAS Central Unit referred to in Article 7 of [Regulation establishing a European Travel Information and Authorisation System (ETIAS)]."]deleted
2018/12/11
Committee: LIBE
Amendment 1193 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point a
(a) the Commission and the European External Action Service;
2018/12/11
Committee: LIBE
Amendment 1194 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point b
(b) the European Police Office (Europol);deleted
2018/12/11
Committee: LIBE
Amendment 1198 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k
(k) Missions and operations of the Common Security and Defence Policy.deleted
2018/12/11
Committee: LIBE
Amendment 1212 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 69 – paragraph 4
4. In carrying out activities under this Regulation, the Agency shall cooperate with the Commission and, where relevant, with Member States and the European External Action Service. Although outside the scope of this Regulation, it shall also engage in such cooperation in activities relating to the customs area including risk management, where these activities may support each other. This cooperation shall be without prejudice to the existing competences of the Commission, of the High Representative of the Union for Foreign Affairs and Security Policy and of the Member States.
2018/12/11
Committee: LIBE
Amendment 1222 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Chapter 2 – section 11 – subsection 2
[...]deleted
2018/12/11
Committee: LIBE
Amendment 1224 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 72
Cooperation with third countries 1. In line with Article 3 (g), the Member States and the Agency shall cooperate with third Countries for the purpose of integrated border management and migration policy, including returns. 2. Based on the policy priorities set out in accordance with Article8 (4), the Agency shall provide technical and operational assistance to third countries within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement. 3. The Agency and Member States shall comply with Union law, including norms and standards which form part of the Union acquis, also when cooperation with third countries takes place on the territory of those countries.Article 72 deleted
2018/12/11
Committee: LIBE
Amendment 1230 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 73
Cooperation of Member States with third countries 1. For the purposes of this Regulation, Member States may continue cooperation at an operational level and exchange information with one or several third countries. Such cooperation and exchange of information shall take place on the basis of bilateral or multilateral agreements or through regional networks established on the basis of those agreements. 2. When concluding the bilateral and multilateral agreements referred to in paragraph 1, Member States shall include provisions concerning information exchange and cooperation in the framework of EUROSUR in accordance with Article 76. 3. The agreements referred to in paragraph 1 shall comply with Union and international law on fundamental rights and on international protection, including the Charter of Fundamental Rights of the European Union, the Convention for the Protection of Human Rights and Fundamental Freedom and the Convention Relating to the Status of Refugees, in particular the principle of non-refoulement. When implementing such agreements, also having regard to Article 8, Member States shall continuously assess and take into account the general situation in the third country.Article 73 deleted
2018/12/11
Committee: LIBE
Amendment 1233 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 74
[...]deleted
2018/12/11
Committee: LIBE
Amendment 1251 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 75
Technical and operational assistance provided by the Agency to third Countries 1. As provided for in Article 72 (3), in circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries and provide operational support to third countries in the context of the European integrated border management. 2. The Agency shall have the possibility of carrying out actions at the external borders of a third country, subject to the agreement of that third country, including on the territory of that third country. 3. Operations shall be carried out on the basis of an operational plan agreed between the Agency and the third country concerned In case of operations carried out at the common border between the third country and one or more Member States, the operational plan shall have the agreement of the Member State or Member States bordering the operational area. Operational plans may include provisions concerning information exchange and cooperation in the framework of EUROSUR in accordance with Article 76. Without prejudice to the deployment of the members of the European Border and Coast Guard standing corps in accordance with Articles 55 to 58, the participation of Member States in joint operations on the territory of third countries shall be on voluntary basis. 4. The Agency may provide assistance to return activities of third countries and ensure the coordination or the organisation of return operations, during which a number of returnees are returned from this third country to another third country. Such return operations may be organised with participation of one or more Member States (‘mixed return operations’) or as national return operations, in particular when this is justified by the priorities of the irregular migration policy of the Union. The participating Member States and the Agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the whole removal operation, notably with the presence of forced return monitors and of third- country forced return escorts.Article 75 deleted
2018/12/11
Committee: LIBE
Amendment 1258 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 76
Information exchange with third Countries in the framework of EUROSUR 1. The national coordination centres of the Member States and, when relevant, the Agency shall be the contact points for the exchange of information and cooperation with third countries in the framework of EUROSUR. 2. The provisions for the exchange of information in the framework of EUROSUR referred to in Article 72 (2) shall detail: (a) the specific situational pictures shared with third countries; (b) the data originating from third countries which can be shared in the European Situational Picture and the procedures for sharing these data; (c) the procedures and conditions by which EUROSUR Fusion Services can be provided to third countries' Authorities; (d) the modalities of cooperation and information exchange with third countries observers for the purpose of EUROSUR. 3. Information provided in the context of EUROSUR by the Agency or by a Member State which is not party to an agreement as referred to in paragraph 1 of Article 73 shall not be shared with a third country under that agreement without the prior approval of the Agency or of that Member State. The Member States and the Agency shall be bound by the refusal to share that information with the third country concerned.Article 76 deleted
2018/12/11
Committee: LIBE
Amendment 1262 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 77
Role of the Commission with regard to cooperation with third countries 1. The Commission shall negotiate the status agreement referred to in Article 74 (3) in accordance with Article 218(3) TFEU. 2. The Commission, after consulting the Member States and the Agency, shall draw up model provisions for the bilateral and multilateral agreements referred to in Article 71(2) and Article 73 for the exchange of information in the framework of EUROSUR as provided for in Article 76 (2). The Commission, after consulting the Agency, shall draw up a model for the working arrangements referred to in Article 74. 3. The Member States concerned shall notify existing bilateral and multilateral agreements referred to in Article 73 (1) to the Commission, which shall verify whether their provisions comply with this Regulation. 4. Before a new bilateral or multilateral agreement referred to in Article 73 (1) is concluded, the Member State(s) concerned shall notify it to the Commission, which shall verify whether its provisions comply with this Regulation and inform the Member State accordingly. 5. Once a new agreement is concluded, the Member State concerned shall notify it to the Commission, which shall inform the European Parliament, the Council and the Agency thereof. 6. Before any working arrangements with third parties or third countries are concluded, the Agency shall notify them to the Commission, which shall give its prior approval. Once working arrangements are concluded, the Agency shall notify them to the Commission, which shall inform the European Parliament and the Council thereof. 7. The Agency shall notify the operational plans referred to in Article 75 (3) to the Commission. The decision to deploy liaison officers to third countries in accordance with Article 78 shall be subject to receiving the prior opinion of the Commission. The European Parliament shall be kept fully informed of those activities without delay.Article 77 deleted
2018/12/11
Committee: LIBE
Amendment 1286 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 79
Observers participating in the Agency's activities 1. The Agency may, with the agreement of the Member States concerned, invite observers of Union institutions, bodies, offices, agencies or international organisations and CSDP missions and operations to participate in its activities, in particular joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As regards joint operations and pilot projects, the participation of observers shall be subject to the agreement of the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation. 2. The Agency may, with the agreement of the Member States concerned, invite observers from third countries to participate in its activities at the external borders referred to in Article 37 , return operations referred to in Article 51, return interventions referred to in Article 54 and training referred to in Article 62, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 37, 43, 51 and 62 and only with the agreement of the host Member State regarding those referred to in Articles 37 and 54. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation. They shall be required to adhere to the codes of conduct of the Agency while participating in its activities.Article 79 deleted
2018/12/11
Committee: LIBE
Amendment 1315 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 83 – paragraph 5
5. While performing their tasks and exercising their powers, members of the teams may carry service weapons, ammunition and equipment. For staff seconded to the Agency, whether for a short or long-term duration, the carrying and use of service weapons, ammunition and equipment shall be subject to the home Member State's national law. The carrying and use of service weapons, ammunition and equipment by the Agency’s statutory operational staff shall be subject to the framework and detailed rules laid down in Annex V. However, the host Member State may prohibit the carrying of certain service weapons, ammunition and equipment, provided that its own legislation applies the same prohibition to its own border guards or staff involved in return-related tasks. The host Member State shall, in advance of the deployment of the members of the teams, inform the Agency of the permissible service weapons, ammunition and equipment and of the conditions for their use. The Agency shall make this information available to Member States.deleted
2018/12/11
Committee: LIBE
Amendment 1316 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 83 – paragraph 6
6. While performing their tasks and exercising their powers, members of the teams shall be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State or, for the Agency's staff with the consent of the Agency, 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 or the Agency where appropriate authorise members of the teams to use force in the absence of border guards of the host Member State.deleted
2018/12/11
Committee: LIBE
Amendment 1320 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 83 – paragraph 8
8. For the purpose of this Regulation, the host Member State shall authorise members of the teams to consult European databases the consultation of which is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. The host Member State may also authorise them to consult its national databases where necessary for the same purpose. Member States shall ensure that they provide such database access in an efficient and effective manner. The members of the teams shall consult only those data which are required for performing their tasks and exercising their powers. The host Member State shall, in advance of the deployment of the members of the teams, inform the Agency of the national and European databases which may be consulted. The Agency shall make this information available to all Member States participating in the deployment. That consultation shall be carried out in accordance with Union data protection law and the national data protection law of the host Member State.deleted
2018/12/11
Committee: LIBE
Amendment 1330 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 85 – paragraph 1
1. Without prejudice to Article 94, where members of the teams are operating in a host Member State, that Member Statee Agency shall be liable in accordance with its national law for any damage caused by them during their operations.
2018/12/11
Committee: LIBE
Amendment 1332 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 85 – paragraph 2
2. Where such damage is caused by gross negligence or wilful misconduct, the host Member Stateagency may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State. Likewise if the damage is caused by gross negligence or wilful misconduct by the staff of the Agency, the host Member State may approach the Agency in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the Agency.
2018/12/11
Committee: LIBE
Amendment 1341 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 87 – paragraph 3
3. The Agency may transfer personal data to an authority of a third country or to an international organisation in accordance with the provisions of [Regulation (EC No 45/2001] insofar as such transfer is necessary for the performance of the Agency’s tasks in the area of return activities. Where in the framework of organising return operations the personal data of returnees are not transmitted to the carrier by a Member State, the Agency may also transfer such data under the same conditions. In application of [Article 25(1)(c)] of [Regulation (EC) No 45/2001], [Article 19] thereof shall not apply to the processing of data for the purpose of return by the Agency, for as long as the third country national is not returned. The Agency may provide for internal rules on restricting the application of the rights under [Articles 17 and 18] of [Regulation (EC) No 45/2011] on a case by case basis as long as the exercise of such right would risk to jeopardise the return procedure.deleted
2018/12/11
Committee: LIBE
Amendment 1351 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 88 – paragraph 1 – point a
(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;
2018/12/11
Committee: LIBE
Amendment 1354 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 88 – paragraph 1 – point b
(b) performing its tasks of supporting Member States and third countries in pre- return and return activities, operating return management systems, as well as coordinating or organising return operations and providing technical and operational assistance to Member States and third countries in accordance with Article 49;deleted
2018/12/11
Committee: LIBE
Amendment 1359 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 88 – paragraph 1 – point e
(e) identifying and tracking vessels in the framework of EUROSUR in accordance with Article 90;deleted
2018/12/11
Committee: LIBE
Amendment 1369 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 89
[...]deleted
2018/12/11
Committee: LIBE
Amendment 1381 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 89 – paragraph 2 – point b
(b) where transmission to the authorities of the relevant Member States which are responsible for border control, migration, asylum, returns is necessary for fulfilling their tasks in accordance with Union and national legislation;
2018/12/11
Committee: LIBE
Amendment 1383 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 89 – paragraph 2 – point c
(c) where transmission to the authorities of relevant Member States, third countries of return or international organisations is necessary for the purpose of identification of third country nationals, acquisition of travel documents, enabling or supporting return;deleted
2018/12/11
Committee: LIBE
Amendment 1388 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 89 – paragraph 2 – point e
(e) in specific cases, where the Agency becomes aware that transmission of personal data processed in the fulfilment of its tasks of the Member States is strictly necessary to law enforcement authorities for the purposes of preventing, detecting, investigating or prosecuting serious crime
2018/12/11
Committee: LIBE
Amendment 1395 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 90
1. Where the national situational picture requires the processing of personal data, those data shall be processed in accordance with the relevant Union and national provisions on data protection. Each Member State shall designate the authority which is to be considered as controller in accordance with Article 4(7) of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of data by that Member State. Each Member State shall notify the details of that authority to the Commission. 2. Ship and aircraft identification numbers are the only personal data that can be processed in the European situational and specific situational pictures. 3. Any exchange of personal data with third countries in the framework of EUROSUR shall be strictly limited to what is absolutely necessary for the purposes of this Regulation. It shall be carried out in accordance with Regulation (EU) 2016/679, and the relevant national provisions on data protection. 4. Any exchange of information under Article 73(2), Article 74(3) and Article 75(3) which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited. 5. Onward transmission or other communication of information exchanged under Article 73(2), Article 74(3) and Article 75(3) to other third countries or to third parties shall be prohibited.Article 90 deleted Processing of personal data in the framework of EUROSUR
2018/12/11
Committee: LIBE
Amendment 1415 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 97 – paragraph 1 – point d
(d) consultative forum;deleted
2018/12/11
Committee: LIBE
Amendment 1418 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 97 – paragraph 1 – point e
(e) a fundamental rights officer.deleted
2018/12/11
Committee: LIBE
Amendment 1422 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 97 – paragraph 1 a (new)
The agency shall also comprise the following independent structures: (a) a consultative forum (b) a fundamental rights office led by a fundamental rights officer
2018/12/11
Committee: LIBE
Amendment 1425 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 98 – paragraph 2 – subparagraph 1 – point e
(e) adopt decisions on the lists of mandatory information and data to be exchanged with the Agency by the national authorities responsible for border management and return to enable the Agency to perform its tasks;deleted
2018/12/11
Committee: LIBE
Amendment 1427 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 98 – paragraph 2 – subparagraph 1 – point o
(o) establish its rules of procedure;deleted
2018/12/11
Committee: LIBE
Amendment 1428 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 98 – paragraph 2 – subparagraph 1 – point p
(p) establish the organisational structure of the Agency and adopt the Agency's staff policy;deleted
2018/12/11
Committee: LIBE
Amendment 1430 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 98 – paragraph 4
4. The management board may advise the executive director on any matter related to the development of operational management of the external borders and return, including activities related to research.deleted
2018/12/11
Committee: LIBE
Amendment 1434 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 100 – paragraph 6
6. The annual work programme shall be adopted according to the Union legislative programme in relevant areas of the management of the external borders and returns.deleted
2018/12/11
Committee: LIBE
Amendment 1437 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 104 – paragraph 3 – point i
(i) to evaluate, approve and coordinate requests made by Member States for joint return operations and return interventions in accordance with Articles 51 and 54;deleted
2018/12/11
Committee: LIBE
Amendment 1440 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 104 – paragraph 3 – point o
(o) to identify the minimum number of items of technical equipment required to meet the Agency's needs, in particular as regards carrying out joint operations, migration management support team deployments, rapid border interventions, return operations and return interventions, in accordance with Article 64(5);
2018/12/11
Committee: LIBE
Amendment 1477 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 107 – paragraph 1 a (new)
1 a. A Deputy fundamental rights officer shall be appointed. The Deputy shall have the necessary qualifications and experience in the field of fundamental rights.
2018/12/11
Committee: LIBE
Amendment 1481 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 107 – paragraph 2
2. The fundamental rights officer shall be independent in the performance of his or her duties. To this end special rules shall be laid down by the Management Board, in consultation with the Consultative Forum and the Fundamental Rights officer. He or she shall report directly to the management board and cooperate with the consultative forum. The fundamental rights officer shall so report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.
2018/12/11
Committee: LIBE
Amendment 1484 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 107 – paragraph 2 a (new)
2 a. The fundamental rights officer shall have full administrative autonomy, including the possibility of unannounced visits, and adequate resources and staff at his or her disposal, to fulfil the tasks in full independence, corresponding to the mandate and the size of the agency. Staff allocated to the Fundamental rights office shall report only to the Fundamental Rights Officer.
2018/12/11
Committee: LIBE
Amendment 1488 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 107 – paragraph 3
3. The fundamental rights officer shall be consulted on the operational plans drawn up in accordance with Articles 39, 43, 54(4) and 75(3)all activities of the Agency. He or she shall have access to all information concerning respect for fundamental rights in all the activities of the Agency.
2018/12/11
Committee: LIBE
Amendment 1491 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 107 – paragraph 3 a (new)
3 a. The Fundamental Rights Officer shall present an annual report about the main challenges and achievements in guaranteeing fundamental rights in all activities of the Agency.
2018/12/11
Committee: LIBE
Amendment 1499 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 1
1. The Agency shall, in cooperation with the fundamental rights officer, take the necessary measures to set up an independent complaints mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency.
2018/12/11
Committee: LIBE
Amendment 1501 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 2
2. Any person who is directly affected by the actions and omissions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support team deployment, joint return operation or, return intervention or any other operational action of the agency and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions or omissions, or any party either representing such a person or acting in the public interest, may submit a complaint in writing to the Agency.
2018/12/11
Committee: LIBE
Amendment 1506 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 2 a (new)
2 a. The Fundamental Rights officer shall be able to initiate complaints ex officio.
2018/12/11
Committee: LIBE
Amendment 1510 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 3
3. Only substantiatedAll complaints involving concrete fundamental rights violations shall be admissible.
2018/12/11
Committee: LIBE
Amendment 1516 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 4
4. The fundamental rights officer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the fundamental rights officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the executive director, forward complaints concerning members of the teams to the home Member State, inform the relevant authority or body competent for fundamental rights in a Member State for further action within their mandate, and register and ensure the follow-up by the Agency or that Member State.
2018/12/11
Committee: LIBE
Amendment 1517 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 4
4. The fundamental rights officer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the fundamental rights officer shall review the admissibility of a complaint, register admissiblegister complaints, forward all registered complaints to the executive director, forward complaints concerning members of the teams to the home Member State, inform the relevant authority or body competent for fundamental rights in a Member State, and register and ensure the follow-up by the Agency or that Member State.
2018/12/11
Committee: LIBE
Amendment 1519 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 5 – subparagraph 1
In accordance with the right to good administration, if a complaint is admissible, complainants shall be informed that a complaint has been registered, that an assessment has been initiated and that a response may be expected as soon as it becomes available. If a complaint is forwarded to national authorities or bodies, the complainant shall be provided with their contact details. If a complaint is not admissible, complainants shall be informed of the reasons and, if possible, provided with further options for addressing their concerns.
2018/12/11
Committee: LIBE
Amendment 1526 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 6 – subparagraph 1
In the case of a registered complaint concerning a staff member of the Agency, the executive director shall ensure appropriate follow-up, in consultation with the fundamental rights officerFundamental Rights Officer shall examine the complaint and issue a recommendation, including disciplinary measures as necessary. T, to the eExecutive dDirector shall report back within a determined timeframe to the fundamental rights officer as to the findings andas to the findings and appropriate response of the Agency to the complaint. Where the executive director decides not to follow- up made by the Agency in response to a complaint, including disciplinary measures as necessarthe recommendation, he or she shall provide the reasons without delay.
2018/12/11
Committee: LIBE
Amendment 1532 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 7
7. If a complaint is registered that concerns a team member of a host Member State or a team member from other participating Member States, including a seconded member of the teams or seconded national expert, 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 as to the findings and follow- up made in response to the complaint within a determined time period20 days, and if necessary, at regular intervals thereafter. The Agency shall follow-up the matter if no report is received from the relevant Member State. The agency may suspend the deployment of that team member and financing of such deployment under Article 61 until it receives a report from the relevant Member State.
2018/12/11
Committee: LIBE
Amendment 1536 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 8
8. Where a team member is found to have violated fundamental rights or international protection obligations, the Agency mayshall request that the Member State remove that member immediately from the activity of the Agency or the European Border and Coast Guard standing corps.
2018/12/11
Committee: LIBE
Amendment 1541 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 9
9. The fundamental rights officer shall report to the executive director and to the management board as to the Agency's and Member States' findings and follow-up made in response to complaints. The Agency shall include informfundamental rights officer shall produce an annual public report on the operation onf the complaints mechanism in its annual report.
2018/12/11
Committee: LIBE
Amendment 1545 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 10 – subparagraph 1
The fundamental rights officer shall, in accordance with the provisions set out in paragraphs 1 to 9 and after consulting the consultative forum, draw up a standardised complaint form, including an easily- accessible on-line form on mobile phones, requiring detailed and specific information concerning the alleged breach of fundamental rights. The fundamental rights officer shall also draw up any further detailed rules as necessary. The fundamental rights officer shall submit that form and such further detailed rules to the executive director and to the management board.
2018/12/11
Committee: LIBE
Amendment 1547 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 108 – paragraph 10 – subparagraph 2
The Agency shall ensure that information about the possibility and procedure for making a complaint is readily available, including for vulnerable persons. The standardised complaint form shall be made available and easily accessible on the Agency's website, ensuring easy accessibility on mobile phones, and in hardcopy during all activities of the Agency, in languages that third-country nationals understand or are reasonably believed to understand. Complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardised complaint form.
2018/12/11
Committee: LIBE
Amendment 1560 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 116 – paragraph 3
3. The Agency shall submit a report to the European Parliament and to the Council on the functioning of EUROSUR by 1 December 2021 and every two years thereafter. Member States shall provide the Agency with the information necessary to draft this report.deleted
2018/12/11
Committee: LIBE
Amendment 1561 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Article 116 – paragraph 4
4. As part of the evaluation referred to in paragraph 1, the Commission shall provide an overall evaluation of EUROSUR accompanied, where necessary, by appropriate proposals to improve its functioning. The Member States and the Agency shall provide the Commission with the information necessary to produce the evaluation referred to in paragraph 3.deleted
2018/12/11
Committee: LIBE
Amendment 1569 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Annex I
Composition of the European Border and Coast Guard standing corps per year and category in accordance with Article XX [...]deleted
2018/12/18
Committee: LIBE
Amendment 1582 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Annex III – title
Table with annual contributions of Member States to be provided to the European Border and Coast Guard standing corps through the long term secondment of operational staff in accordance with Article 57deleted
2018/12/18
Committee: LIBE
Amendment 1587 #
Marina ALBIOL GUZMÁN
Proposal for a regulation
Annex IV – title
Annual contributions of Member States to deleted the EBCG standing corps for short term deployments of operational staff in accordance with Article 58
2018/12/18
Committee: LIBE
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