38 Amendments of Elissavet VOZEMBERG-VRIONIDI related to 2015/0310(COD)
Amendment 110 #
Proposal for a regulation
Recital 2
Recital 2
(2) 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 and goods within the Union and is a fundamental component of an area of freedom, security and justice, and economic prosperity. European integrated border management is central to improving migration management and ensuring a high level of internal security within the Union, in addition to helping to ensure and enable good transport, logistics and infrastructure links across external borders.
Amendment 122 #
Proposal for a regulation
Recital 5
Recital 5
(5) European integrated border management is a shared responsibility of the European Border and Coast Guard 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. While Member States retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all Member States which have abolished internal border control, the European Border and Coast Guard Agency should ensure the application of Union measures relating to the management of the external borders by reinforcing, assessing and coordinating the actions of Member States which implement those measures.
Amendment 126 #
Proposal for a regulation
Recital 6
Recital 6
(6) The development of the policy and legislation on external border control and return remains a responsibility of the Union institutions. ClosIn the spirit of shared competences with Member States, including in the areas of freedom, security and justice and of transport as set out in Article 4 of the Treaty on the Functioning of the European Union, close cooperation and effective coordination between the European Border and Coast Guard Agency and, those institutions and the Member States should be guaranteed.
Amendment 138 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The agency shall carry out its tasks without prejudice to the competence of the Member States with regard to defence.
Amendment 142 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders with a law enforcement purpose, to the extent this cooperation is compatible with the action of the Agency.
Amendment 242 #
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 external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein. and goods therein and helping to ensure and enable good transport, logistics and infrastructure links across external borders.
Amendment 267 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency, by decision of the Management Board, shall establish, an operational and technical strategy for the European integrated border management, taking into account, where justified, the specific situation of the Member States, in particular their geographical location and possible defence implications. This strategy shall be in line with Article 4 of this Regulation. It shall promote and ensuresupport the implementation of European integrated border management in all Member States.
Amendment 270 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency shall establish an operational and technical strategy for the European integrated border management. It shall promote and ensure the implementation of European integrated border management in all Member States, taking into account the need to ensure consistency between Union policies and activities in line with Article 7 of the Treaty on the Functioning of the European Union.
Amendment 317 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The European Border and Coast Guard shall implement the European integrated border management as a shared responsibility of the European Border and Coast Guard 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.
Amendment 361 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involve humanitarian emergencies and rescue at sea; maritime distress situations;
Amendment 372 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, taking into account that some situations may involve humanitarian emergencies and rescue at seamaritime distress situations;
Amendment 398 #
Proposal for a regulation
Article 7 – paragraph 1 – point q
Article 7 – paragraph 1 – point q
(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency each within their mandate to support the national authorities carrying out coast guard functions, in accordance with national law by providing services, information, equipment and training, as well as by coordinating multipurpose operations;
Amendment 406 #
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 externs well as other governmental borders, including military operations on a law enforcement mission non-governmental entities or institutions or organizations at external borders and in the field of return, where such cooperation is compatible withlements 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 430 #
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 capacity 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 as minimum by the Member States.
Amendment 483 #
Proposal for a regulation
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) have unlimited access toreceive information from the national coordination centre andwith the national situational picture established in accordance with Regulation (EU) No 1052/2013authorization of the National Coordinator of the concerned Member State;
Amendment 487 #
Proposal for a regulation
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
Amendment 497 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess the technical equipment, systems, capabilities, resources and if possible contingency plans of the Member States regarding border controlnecessary for external border control. The Management Board shall approve objective indicators based on which it shall decide on the prioritisation of the Member State that should be assessed. That assessment shall be based on information provided by the Member State and where appropriate by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency. concerning border management.
Amendment 510 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the Agency, provide information as regards technical equipment, staff and financial resources available at national level to carry out external border control and they shall submit their contingency plans.
Amendment 518 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. 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 pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders, including on the proper functioning of cross-border transport, logistics and infrastructure links, and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 549 #
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 the external borders. The Agency shall also, with the consent of the concerned Member State, carry out measures as referred to in Article 18.
Amendment 552 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The Agency, in agreement with the requesting Member State and after thorough risk analysis, shall organise the appropriate technical and operational assistance for the host Member State and it may takwhich may include one or more of the following measures:
Amendment 554 #
Proposal for a regulation
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries and those helping to ensure and enable good transport, logistics and infrastructure links across external borders;
Amendment 588 #
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 seamaritime distress situations 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;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 663 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries subject to the agreement of the concerned Member States;
Amendment 711 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Executive Director shallmay terminate, after duly consulting with and informing the Member State concerned, joint operations or rapid border interventions if the conditions to conduct those activities are no longer fulfilled.
Amendment 886 #
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 Statey shall be liable in accordance with ithe host member State's national law for any damage caused by them during their operations.
Amendment 891 #
Proposal for a regulation
Article 41 – paragraph 2 a (new)
Article 41 – paragraph 2 a (new)
2a. For incidents of par.1 or 2 of this article which take place during the implementation of the operational plan under art. 18, members of the teams are fully responsible for any damage caused by them.
Amendment 922 #
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 including in the transport policy field, 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 beings and terrorism.
Amendment 943 #
Proposal for a regulation
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
3a. The Agency shall be assisted by a Coast Guard Functions Office in the management of interagency cooperation as well as in its cooperation with those national authorities of Member States which are responsible for external maritime border management.
Amendment 944 #
Proposal for a regulation
Article 52 – paragraph 3 b (new)
Article 52 – paragraph 3 b (new)
3b. The Coast Guard Functions Office shall be responsible for carrying out its mandate, in full respect of the fundamental rights legislation and general principles of Union law as well as international law.
Amendment 945 #
Proposal for a regulation
Article 52 – paragraph 3 c (new)
Article 52 – paragraph 3 c (new)
3c. The Coast Guard Functions Office shall, in particular be responsible for assisting the Agency in the execution of its tasks involving national authorities of Member States carrying out coast guard functions, to the extent that they carry out border control tasks.
Amendment 950 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the protection of fundamental rights and ensuring and enabling good transport, logistics and infrastructure links across external borders. The Agency and the Member States shall comply with the norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards.
Amendment 961 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders, on the basis of an operational plan agreed by the Member States concerned and it shall have the possibility of carrying out joint operations at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreementeither at the external borders or on the territory of that neighbouring third country, including. In the case of an operation on the territory of that third country, the agreement of that neighbouring third country will be required. The Commission shall be informed of such activities.
Amendment 971 #
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 observers from 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, 18, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32. 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 1017 #
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Proposals for decisions on specificany activities of the Agency to be carried out at, or in the immediate vicinity of, the external border of any particular Member State shall require a vote in favour of their adoption by the Member of the Management Board representing that Member State.
Amendment 1022 #
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 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 take certain provisional decisions on behalf of the Management Board.
Amendment 1119 #
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, 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 1144 #
Proposal for a regulation
Article 72 – paragraph 8
Article 72 – paragraph 8
8. 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 not admissible, complainants shall be informed of the reasons and provided with further options for addressing their concerns through the European Ombudsman.