109 Amendments of Kostas CHRYSOGONOS related to 2015/0310(COD)
Amendment 124 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Women as well as LGBTI persons are subject to specific forms of gender based persecution, still too often not recognised in the asylum procedures.
Amendment 125 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of the agency.
Amendment 140 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) According to Article 5 of the European Convention of Human Rights, deprivation of liberty for immigration- related reasons can only be used as a measure of last resort. An assessment needs to be made in each individual case to determine whether all the preconditions required to prevent arbitrary detention are fulfilled.
Amendment 167 #
Proposal for a regulation
Recital 16
Recital 16
(16) At particular areas of the external borders where Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as expto ensure fundamental rights are respected and international obligations and principles are respected. In these areas migrants and asylum seekerts from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the groundwill be assisted in their immediate needs with a gender-sensitive approach by fundamental rights and child protection experts, and distributed to different Member States, and will not be placed under detention.
Amendment 189 #
Proposal for a regulation
Recital 20
Recital 20
(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegally staying third-country nationals, including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of returnThe principle of non-refoulement will be respected and mass returns, which are illegal under international law, will not take place. Migrants or asylum seekers will not be returned to countries were human rights are not respected, nor will they be returned against their own will.
Amendment 222 #
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for human dignity, the right to life, the right to liberty and security, the right to the protection of personal data, the right to access to asylum, the right to effective remedy, the rights of the child, the prohibition of torture and of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, and to promote the application of the principles of non-discrimination and non- refoulement. Therefore, the mentioned principles should be at the core of any decision and action taken by the Agency and/or its staff, including when planning and implementing operations.
Amendment 223 #
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation establishes an independent complaint mechanism for the European Border and Coast Guard Agency, in cooperation with the Fundamental Rights Officer, to monitor and ensure the respect for fundamental rights in all the activities of the Agency and its staff. This should be an administrative full, independent, effective and accessible individual mechanism whereby the Agency’s Fundamental Rights Officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The Fundamental Rights Officerparticipates. The Independent Complaint Mechanism should review the admissibility of a complaint, register and deal accordingly with all admissible complaints, forward all registered complaints to the Agency’s Executive Director, forward complaints concerning border and coast guards to the home Member State and register the follow-up by the Agency or that Member State. Criminal investigations should be conducted by the Member States.
Amendment 236 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the EU external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons thereinas well as the fundamental rights of migrants and refugees.
Amendment 250 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘European Border and Coast Guard Teams’ mean teams of border guards and other relevant non-military staff from participating Member States, including national experts that are seconded by Member States to the Agency, to be deployed during joint operations, rapid border interventions as well as in the framework of migration management support teams;
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘home Member State’ means the Member State of which a member of the European Border and Coast Guard Teams is a border guard or other non-military relevant staff member;
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘members of the European Border and Coast Guard Teams’ mean the officers of border guard services or other non- military relevant staff of Member States other than the host Member State, including national experts and border guards from Member States seconded to the Agency, who are participating in joint operations or rapid border interventions;
Amendment 260 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14a) ‘a child’ means every human being below the age of 18 years, in line with article 1 of the Convention on the Rights of the Child.
Amendment 271 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard AgencyAgency, by decision of the Management Board shall establish an annual operational and technical strategy for the European integrated border management in full compliance with fundamental rights, taking into account, where justified, the specific situation of the Member States, in particular their geographical location. This strategy shall be in line with Article 4 of this Regulation. It shall promote and ensure the implementation of European integrated border management in all Member States.
Amendment 282 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, including measures related to the prevention, detection and investigato facilitate legitimate border crossings and to ensure access for persons in need of international protection and measures related to the prevention and detection of cross-border crime, where appropriate;, in full respect of human dignity.
Amendment 292 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) the rescue of persons in distress at sea;
Amendment 296 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) Establishment and maintenance of clear mechanisms and procedures, in cooperation with relevant authorities, for the identification of, provision of information to and referral of persons who may be in need of international protection;
Amendment 313 #
Proposal for a regulation
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) respect and promotion of fundamental rights in all activities;
Amendment 338 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The European Border and Coast Guard Agency shall ensure that the management of the EU external borders is undertaken in full compliance with relevant EU legislation, including the 1951 Convention, 1967 Protocol and other relevant treaties as per Article 78 of the TFEU.
Amendment 340 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States hold primary responsibility for the implementation of the relevant international, EU or national legislation and law enforcement actions undertaken in the context of joint operations coordinated by the Agency and therefore also for the respect of fundamental rights during these activities. The Agency is also responsible, as the coordinator, and remains fully accountable for all actions and decisions under its mandate. The Commission, in cooperation with the Agency, the Council and relevant stakeholders, shall further analyse provisions related to accountability and liability and redress any potential or actual gaps connected to activities of the Agency.
Amendment 342 #
Proposal for a regulation
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. The provisions under this Article must be accompanied by the clear and unequivocal delineation of the tasks of the Agency and those of the national authorities, the practical arrangements and modalities for cooperation, as well as well-defined lines of command, reporting and accountability and must be implemented in a way that ensures access to an effective remedy in case of violations.
Amendment 347 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. To ensure a coherent European integrated border management at all external borders, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particular the Schengen Borders Code established by Regulation (EC) No 562/2006, contribute to the identification, development and sharing of good practices, and promote EU border management legislation and standards and their implementation in a manner which ensures respect for fundamental rights and international protection obligations.
Amendment 348 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Accountability The Agency shall be accountable to the European Parliament and the Council.
Amendment 349 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In view of contributing to an efficient, high and uniform level of border control and return, the Agency shall perform the following tasks:
Amendment 376 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) set up a technical 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;
Amendment 403 #
Proposal for a regulation
Article 7 – paragraph 1 – point r a (new)
Article 7 – paragraph 1 – point r a (new)
(ra) Adopt and promote the highest standards for border management practices, allowing for transparency and public scrutiny and ensuring respect, protection and promotion of fundamental rights and rule of law.
Amendment 405 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders, including military operations on a law enforcement mission and in the field of return, where such cooperation is compatible with the action of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.
Amendment 415 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Agency mayshall engage in communication activities oin its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraph 1 andthe fields within its mandate. It shall provide the public with accurate, detailed and timely information about its activities and analyses. Communication activities shall not be detrimental to the attainment of the objective of operations. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.
Amendment 427 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish a monitoring and risk analysis centre with the capacitymake intelligence- driven use of available Union resources to monitor migratory flows towards and within the Union. For this purpose, the Agency shall, by a decision of the Management Board develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 432 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Agency shall prepare general and tailored risk analyses and submit it to the European Parliament, the Council and the Commission.
Amendment 439 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control, the protection of fundamental rights, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union.
Amendment 448 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The Agency shall develop and make public its methodology and criteria for the risk analysis.
Amendment 458 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall take results of the risk analysis into account when planning their operations and activities at the EU external borders as well as their activities with regard to return.
Amendment 460 #
Proposal for a regulation
Article 11
Article 11
Amendment 461 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall ensure regular monitoring of the management of the EU external borders through liaison officers of the Agency in Member States.
Amendment 474 #
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
(d) assist, if requested by the Member States, in preparing their contingency plans;
Amendment 482 #
Proposal for a regulation
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) have unlimited access to the national coordination centre and the national situational picture established in accordance with Regulation (EU) No 1052/2013;
Amendment 545 #
Proposal for a regulation
Chapter 2 – section 3 – title
Chapter 2 – section 3 – title
EU External Border Management
Amendment 548 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may request the Agency for assistance in implementing their obligations with regard to the control of their EU external borders. The Agency shall also carry out measures as referred to in Article 18.
Amendment 550 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. An operational engagement of the Agency shall require a prior assessment, drawing on a broad range of sources, to identify if there are risks of fundamental rights violations or deficiencies in relevant civil and criminal laws and procedures that would make the cooperation incompatible with legal obligations, in particular to ensure protection from refoulement and the right to an effective remedy.
Amendment 581 #
Proposal for a regulation
Article 15 – paragraph 3 – point a a (new)
Article 15 – paragraph 3 – point a a (new)
(aa) full compliance with the provisions as set out in Article 2 of the Treaty of the European Union, in the 1951 Geneva Convention and its protocols and with full respect of international law;
Amendment 586 #
Proposal for a regulation
Article 15 – paragraph 3 – point i
Article 15 – paragraph 3 – point i
(i) a reporting and evaluation scheme containing benchmarks for the evaluation report, including the protection of fundamental rights, and final date of submission of the final evaluation report;
Amendment 590 #
Proposal for a regulation
Article 15 – paragraph 3 – point j
Article 15 – 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 international and Union law regarding interception, rescue at sea and disembarkation. In that regard the operational plan shall be established in accordance with Regulation (EU) No 656/2014 of the European Parliament and of the Council and always in respect and compliance with the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea (SOLAS) and the guidelines issued by the International Maritime Organisation and the UN Refugee Agency (UNHCR) on the treatment of people rescued at sea (Resolution MSC.167(78) of the International Maritime Organisation and 'Rescue at Sea: A guide to principles and practice as applied to migrants and refugees;42 __________________ 42 Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union (OJ L 189, 27.6.2014, p. 93).
Amendment 592 #
Proposal for a regulation
Article 15 – paragraph 3 – point k a (new)
Article 15 – paragraph 3 – point k a (new)
(ka) Detailed provisions on fundamental rights safeguards;
Amendment 596 #
Proposal for a regulation
Article 15 – paragraph 3 – point m
Article 15 – paragraph 3 – point m
(m) procedures setting out an independent mechanism to receive and transmit to the Agency a complaint against border guardsdeal with a complaint, informing the Agency and the Member States concerned, a complaint against all persons participating in a joint operation, including with third countries, in a rapid border intervention, migration management teams at hotspot areas, return operation or return intervention, including border guards and other relevant staff of the host Member State and members of the European Border and Coast Guard Teams alleging breaches of fundamental rights in the context of the joint operation or, rapid border intervention or any other activity.
Amendment 601 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A request by a Member State to launch a rapid border intervention shall include a description of the situation, possible aims and envisaged needs, envisaged needs and full justification of their compliance with national, European and international law in regards of respect of fundamental rights and the relevant obligations of the Member State and the Union. If required, the Executive Director may immediately send experts from the Agency to assess the situation at the EU external borders of the Member State concerned.
Amendment 605 #
Proposal for a regulation
Article 16 – paragraph 11
Article 16 – paragraph 11
11. Deployment of the rapid reserve pool shall take place no later than three working days after the date on which the operational plan is agreed between the Executive Director and the host Member State. Additional deployment of European Border and Coast Guard Teams, shall take place where necessary, within five working days of the deployment of the rapid reserve pool, again after approval of the host Member State.
Amendment 607 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Member State faces disproportionate migratory pressures at particular hotspot areas of its external border characterised by large influxes of mixed migratory flowand asylum responsibilities, that Member State may request the operational and technical reinforcement by migration management support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the Agency and other relevant Union Agencies in particular the European Asylum Support Office and the Europolean Union Agency for Fundamental Rights.
Amendment 612 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Teams shall include fundamental rights, trafficking victims, gender-based persecutions protection and child protection experts.
Amendment 615 #
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. The operational and technical reinforcement provided by the European Border and Coast Guard Teams, the European Return Intervention TeamsAgency Teams in close and constant cooperation with the European Asylum Support Office and the national competent Authorities of the concerned Member State and experts from the Agency’'s staff in the framework of the migration management support teams, may include:
Amendment 617 #
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third- country nationals in full compliance with the right to human dignity and without use of coercion;
Amendment 627 #
Proposal for a regulation
Article 17 – paragraph 3 – point b a (new)
Article 17 – paragraph 3 – point b a (new)
(ba) the referral of persons who wish to apply for international protection to asylum experts of the national authorities of the Member State concerned or of the European Asylum Support Office, and referral of all vulnerable groups to specific protection experts of the national authorities of the Member State or of the EU agencies including children, and families with children, to child protection experts and women to gender experts;
Amendment 640 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control ofion and asylum challenges at the EU external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, after consulting the Agency,, the Council may adopt a drecision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2)ommendation with the measures to be implemented by the Member State with the assistance of the Agency. The recommendation shall include an assessment of the impacts of such measures on fundamental rights, and ensure compliance with international legal obligations.
Amendment 655 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Amendment 665 #
Proposal for a regulation
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
Amendment 696 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Members of the teams shall at all times, 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. Any actions and 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 grounds of sexgender, racial or ethnic origin, religion or belief, disability, age or, gender identity and sexual orientation or nationality.
Amendment 699 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. The agency shall provide mandatory adequate gender sensitive education for all border and law enforcement personnel, including personnel in the rapid reaction pool, with an emphasis on the gender dimension, children, LGBTI people and other vulnerable groups so that border guards and law enforcement personnel fully understand the phenomenon and know how to recognise vulnerable groups.
Amendment 700 #
Proposal for a regulation
Article 20 – paragraph 4 b (new)
Article 20 – paragraph 4 b (new)
4b. The agency shall focus on the best interest of the unaccompanied minors, in order not to prolong unnecessarily the procedure and to ensure that unaccompanied minors have swift access to the procedure for determining the international protection status.
Amendment 701 #
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. Rejects the regular use of detention of refugees, stresses the need to ensure that human rights are not violated; urges the need of individual assessments to determine whether all the preconditions required are fulfilled and to always favour alternatives to detention.
Amendment 702 #
Proposal for a regulation
Article 20 – paragraph 5 b (new)
Article 20 – paragraph 5 b (new)
5b. Calls for all detention of children in the EU to stop, and for parents to be able to live with their children in appropriate tailored facilities awaiting their asylum decision;
Amendment 723 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
The Executive Director shall evaluate the results of the joint operations and, rapid border interventions, pilot projects, migration management support teams, return operations, return interventions and operational cooperation with third countries, including with regard to the respect of fundamental rights and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the Management Board, together with the observations of the Fundamental Rights Officer and the FRONTEX consultative forum. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future joint operations and rapid border interventionactivities, and it shall include it in its consolidated annual activity report.
Amendment 807 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, and relevant international law, including, the Convention Relating to the Status of Refugees, the Convention on the Elimination of all Forms of Discrimination Against Women, the Convention on the Rights of the Child and obligations related to access to international protection, in particular with regards to the principle of non- refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy, including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency.
Amendment 833 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Agency shall, in cooperation with the appropriate training entities of the Member States, the European Asylum Support Office and the European Union Agency for Fundamental Rights, develop specific training tools and provide border and coast guards and other relevant staff who are members of the European Border and Coast Guard Teams with advanced training relevant to their tasks and powers. Experts from the staff of the Agency and on the preconditions for action in full respect of fundamental rights. Experts from the staff of the Agency, of the European Asylum Support Office and the European Union Agency for Fundamental Rights shall conduct regular exercises with those border and coast guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 839 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The Agency shall take the necessary initiatives to ensure training for staff involved in return-related tasks to be part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all staff who participate in return operations and in return interventions, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including fundamental rights and, access to international protection and access to referral mechanisms for vulnerable persons.
Amendment 847 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems, and for return. The Agency shall disseminate the results of that research to the Commission and the Member States. It may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventionto the EU external borders.
Amendment 853 #
Proposal for a regulation
Article 36 – paragraph 3 – introductory part
Article 36 – paragraph 3 – introductory part
3. The Agency shall, within the Framework Programme for Research and Innovation, in particular the Specific Programme Implementing Horizon 2020 implementmonitor the parts of the Framework Programme for Research and Innovation which relate to border securitythe EU external borders. For that purpose, the Agency shall havemonitor the following tasks:
Amendment 860 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The Agency may planrovide support in planning and implementing pilot projects regarding matters covered by this Regulation.
Amendment 882 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where members of the teams are operating in a host Member State, that Member Statee Agency shall be liable in accordance with its national lawthe general principles common to the laws of the Member States, for any damage caused by them during their operations.
Amendment 890 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where such damage is caused by gross negligence or willful misconduct, the host Member State 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 homAgency shall make good any damage caused in accordance with the general principles common to the laws of the Member States.
Amendment 893 #
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Any dispute between Member States or between a Member State and the Agency relating to the application of paragraphs 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with, without prejudice to Article 273 TFEU.
Amendment 894 #
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Any dispute between Member States relating to the application of paragraphs 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 TFEU.
Amendment 895 #
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4a. The Court of Justice shall have jurisdiction in disputes relating to compensation for the damage referred to in paragraph 1 and 2.
Amendment 898 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Without prejudice to Article 47, the transfer of personal data processed by the Agency and the onward transfer by Member States to authorities of third countries or international organisations or third parties of personal data processed in the framework of this Regulation shall be prohibited.
Amendment 900 #
Proposal for a regulation
Article 44 – paragraph 4 a (new)
Article 44 – paragraph 4 a (new)
4a. Should, exceptionally, transfer of personal data to third countries or international organisations, by the Agency or the Member States, be explicitly foreseen in very specific circumstances, it will require an assessment of adequacy and the use of specific safeguards in accordance with Article 9 of Regulation (EC) 45/2001 and Articles 25 and 26 of Directive 95/46/EC.
Amendment 920 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 923 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the objectives of preventing and combating irregular immensuring the fulfilment of human rights, migration and asylum obligrations and cross-border crime including the facilitation of irregular immigration, trafficking in human being and terrorismommitments under international law and always in compliance with Article 2 of the treaty of the European Union.
Amendment 924 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the objectives of preventing and combating irregular immigration and cross-border crime including the facilitation of irregular immigration, trafficking in human being and terrorism.
Amendment 928 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1 a (new)
Article 51 – paragraph 1 – subparagraph 1 a (new)
Cooperation with international organisations The Agency may cooperate with non- military international organisations competent in matters covered by this Regulation. 1. All exchange of information with international organisations should be without prejudice to Article 44 (4) and all actors should comply with existing EU legislation, including on data protection and fundamental rights. As regards the handling of classified information, international organisations shall comply with security rules and standards equivalent to those applied by the Agency and the Member States. 2. The Agency may also, with the agreement of the Member States concerned, invite observers of international non-military organisations 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 rule of law, 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 is subject to agreement of the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers may receive the appropriate training from the Agency prior to their participation.
Amendment 929 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
Amendment 936 #
Proposal for a regulation
Article 52 – paragraph 1 – point c
Article 52 – paragraph 1 – point c
(c) capacity building by elaborating guidelines, recommendations and best practices as well as by supporting the training and exchange of staff, with a view to enhancing the exchange of information and cooperation on coast guard functions;, the search and rescue operational capability and the compliance with human rights, migration and asylum obligations and commitments.
Amendment 941 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The modalities, conditions and limits of the cooperation on coast guard functions of the European Border and Coast Guard Agency with the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with the fby the Commission and submitted to the Council and the European Parliament for approval. Financial rules applicable to the Agencies shall apply.
Amendment 973 #
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. The Agency may also, with the agreement of the Member States concerned invite non-military observers from democratic third countries to participate in its activities at the external borders referred to in Article 13, return operations referred to in Article 27, return interventions referred to in Article 32 and training referred to in Article 35, 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 13, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32and the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation.
Amendment 976 #
Proposal for a regulation
Article 53 – paragraph 7
Article 53 – paragraph 7
7. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the external relations policy of the Union. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulatto its competences. The Agency should be subject to the same provisions on financial rules, economic transparency and scrutiny, including by the European Parliament, as all other Agencies and bodies of the Union.
Amendment 981 #
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
9. The Agency shall inform the European Parliament of the activities referred to in paragraphs 2 and 3bove mentioned activities.
Amendment 997 #
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties. In cases referred to in Article 41 the Agency shall be liable for any damages caused by members of the teams during their operations, in particular, the damages caused by violations of fundamental rights.
Amendment 999 #
Proposal for a regulation
Article 59 – paragraph 3 a (new)
Article 59 – paragraph 3 a (new)
3a. Information on the use of the system of liability for acts of Agency staff, on access to the Court of Justice of the European Union or other regional and international bodies and to legal aid shall be provided to potential victims of human rights violations in the Agency's operations, including persons intercepted at the border, including those who are subject to screening, and returnees.
Amendment 1008 #
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
In addition, the Agency shall establish an independent Consultative Forum and an independent complaint mechanism.
Amendment 1010 #
Proposal for a regulation
Article 61 – paragraph 1 – point a
Article 61 – paragraph 1 – point a
(a) appoint the Executive Director on a proposal from the Commission in accordance with Article 68 and after approval of the European Parliament;
Amendment 1020 #
Proposal for a regulation
Article 61 – paragraph 6
Article 61 – paragraph 6
6. The Management Board may establish a small-sized Executive Board composed of the Chairperson of the Management Board, one representative of the Commission, one representative of the European Parliament and three members of the Management Board, to assist it and the Executive Director with regard to the preparation of the decisions, programmes and activities to be adopted by the Management Board and when necessary, because of urgency, to takpropose certain provisional decisions on behalf ofManagement Board has to take, excluding decisions on which a reinforced majority is needed in the Management Board.
Amendment 1023 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Without prejudice to paragraph 3, the Management Board shall be composed of one representative of each Member State and, two representatives of the Commission and two representatives of the European Parliament, all with voting rights. To this effect, each Member State shall appoint a member of the Management Board as well as an alternate who will represent the member in his or her absence. The Commission shall appoint two members and their alternates. The European Parliament should elect two of its Members, at least one being a Member of its Civil Liberties, Justice and Home Affairs Committee. The duration of the terms of office shall be four years. The terms of office shall be extendable.
Amendment 1050 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, after approval by the European Parliament, on the grounds of merit and documented high- level administrative and management skills, as well as senior professional experience in the field of management of the external borders and return. The Management Board shall take its decision by a two- thirds majority of all members with a right to vote.
Amendment 1076 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The Supervisory Board shall be composed of the Deputy Executive Director, four other senior officials of the Agency to be appointed by the Management Board, the Fundamental Rights Officer and one of the representatives of the Commission to the Management Board. The Supervisory Board shall be chaired by the Deputy Executive Director.
Amendment 1079 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Agency shall invite the European Asylum Support Office, the European Union Agency for Fundamental Rights, the United Nations High Commissioner for Refugees, human rights NGOs and other relevant organisations to participate in the Consultative Forum. On a proposal by the Executive Director, the Management Board shall decide on the composition and the working methods of the Consultative Forum and the modalities of the transmission of information to the Consultative Forum. The Consultative Forum shall set up its working programme and working methods.
Amendment 1084 #
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. The Consultative Forum shall be consulted on the further development and implementation of the Fundamental Rights Strategy, Codes of Conduct and common core curricula, agreements with third countries if existing, the complaint mechanism, operational plans and common core curricula as well as for establishing the criteria referred to in Article 12 and Article 24.
Amendment 1087 #
Proposal for a regulation
Article 70 – paragraph 3 a (new)
Article 70 – paragraph 3 a (new)
3a. The Agency shall inform the Consultative Forum how it has altered or not its activities as a response to reports and recommendations of the Consultative Forum and include details in its annual report.
Amendment 1090 #
Proposal for a regulation
Article 70 – paragraph 5 a (new)
Article 70 – paragraph 5 a (new)
5a. The Consultative Forum shall be supported by a professional and independent secretariat with full control over its own budget, which shall be sufficient to carry out its mandate and proportionate to the dimensions of the Agency and to the growth of its budget.
Amendment 1102 #
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be fully independent in the performance of his or her duties as a Fundamental Rights Officer, he or she shall report directly to the Management Board and cooperate with, the European Parliament and the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.
Amendment 1108 #
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Fundamental Rights Officer shall be consulted on the operational plans drawn up in accordance with Articles 15, 16, 18, 27 and 32(4), ), on the operations of the Agency in the context of Migration Management Support Teams, on vulnerability assessments, Codes of Conduct and training curricula and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency.
Amendment 1110 #
Proposal for a regulation
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3a. The Agency shall ensure that the Fundamental Rights Officer has sufficient staff and resources to fulfil its tasks. The Fundamental Rights Officer shall have control over its budget.
Amendment 1114 #
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. The Agency, in cooperation with the Fundamental Rights Officer, shall take the necessary measures to set up a full, independent, effective and accessible individual complaint mechanism in accordance with this Article to monitor and ensure thefull respect for, protection and fulfilment of fundamental rights in all the activities of the Agency.
Amendment 1118 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Any person who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support teams, return operation or return intervention, 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 any third parties intervening on behalf of such a person, may submit a complaint, in writing, to the Agency.
Amendment 1120 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which are anonymous, malicious, frivolous, vexatious, or hypothetical or inaccurate shall be excluded from the complaint mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant.
Amendment 1124 #
Proposal for a regulation
Article 72 – paragraph 4
Article 72 – paragraph 4
4. The Fundamental Rights Officerindependent complaint body 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 with the independent complaint body shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints within three weeks to the Executive Director, forward complaints concerning border guards to the home Member State or third country, including the relevant authority or body competent for fundamental rights, and register and ensure the follow-up by the Agency or that Member State, that Member State or that third country. The independent complaint body shall inform the complainant of the decision on admissibility, and of the national authorities to which his or her complaint was forwarded. In case a complaint is found to be inadmissible, it shall inform the complainant of the reasons thereof. Any decision shall be in written form and reasoned.
Amendment 1128 #
Proposal for a regulation
Article 72 – paragraph 5
Article 72 – paragraph 5
5. In case of a registered complaint concerning a staff member of the Agency or seconded members of the teams or seconded national experts, the Executive Director shall ensure appropriate follow- up, including disciplinary measures as necessarynd referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The Executive Director shall report back to the Fundamental Rights Officer as to the findings and follow-up given by the Agency to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter.
Amendment 1135 #
Proposal for a regulation
Article 72 – paragraph 6
Article 72 – paragraph 6
6. In case of a registered complaint concerning a border guard of a host Member State or a member of the teams, including seconded members of the teams or seconded national experts,or a third country the home Member State or the third country shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance withnd referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The relevant Member State or third country shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter. In case the relevant Member State or third country does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter.
Amendment 1136 #
Proposal for a regulation
Article 72 – paragraph 6 a (new)
Article 72 – paragraph 6 a (new)
6a. The Agency and the Member States shall provide for an appeal procedure in cases where a complaint is declared inadmissible, is rejected or the follow-up considered inappropriate by the complainant.
Amendment 1143 #
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7a. A report on received complaints, the types of fundamental rights violations, the activities of the Agency concerned, the Member State or third country concerned and the follow-up shall be included into the annual activity report of the Agency.
Amendment 1146 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 1
Article 72 – paragraph 9 – subparagraph 1
The Fundamental Rights Officer shall, after consulting the Consultative Forum, draw upestablish the procedure for an independent complaints mechanism, including a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights. The Fundamental Rights Officer shall submit that form to the Executive Director and to the Management Board.
Amendment 1149 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that people are informed about the possibility and procedure to make a complaint, that the standardized complaint form is available in most common languages and that it shall be made availableasylum seekers and migrants understand or may be reasonably supposed to understand on the Agency’'s website and in hardcopy during all activities of the Agency, and that further guidance and assistance on the complaints procedure is provided to alleged victims and on request. Information tailored to children shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1155 #
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 1
Article 72 – paragraph 10 – subparagraph 1
Any personal data contained in a complaint shall be handled and processed by the Agency and the Fundamental Rights Officer in accordance with Regulation (EC) No 45/2001 and by Member States in accordance with Directive 95/46/EC and Council Framework Decision 2008/977/JHA. With due respect to data protection standards and obligations, independence in the handling of complaints shall be guaranteed through the oversight of relevant institutions such as the office of the European Ombudsman.