68 Amendments of Manolis KEFALOGIANNIS related to 2015/0310(COD)
Amendment 79 #
Proposal for a regulation
Recital 12
Recital 12
(12) In a spirit ofUndertaking a shared responsibility with the Member states, the role of the European Border and Coast Guard Agency should be to regularly monitor the management of the external borders. The Agency should ensure proper and effective monitoring not only through risk analysis, information exchange and Eurosur, but also through presence of experts from its own staff in Member States. The Agency should therefore be able to deploy liaison officers to specific 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.
Amendment 80 #
Proposal for a regulation
Recital 14
Recital 14
(14) The European Border and Coast Guard Agency should organise the appropriate technical and operational assistance to Member States so as to reinforce their capacity to implement their obligations with regard to the control of the external borders, and to face challenges at the external border resulting from irregular immigration or cross-border crime, without prejudice to the national responsible authorities competence to initiate criminal investigations. In this respect, the European Border and Coast Guard 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 European Border and Coast Guard Teams as well as the necessary technical equipment, and it may deploy experts from its own staff.
Amendment 85 #
Proposal for a regulation
Recital 15
Recital 15
(15) In cases where there is a specific and disproportionate pressure at the external borders, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate rapid border interventions and deploy European Border and Coast Guard Teams from a rapid reserve pool as well as technical equipment. Rapid border interventions should provide reinforcement in situations where immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make border guards and other necessary relevant staff available to the rapid reserve pool as soon as possible.
Amendment 88 #
Proposal for a regulation
Recital 18
Recital 18
(18) The European Border and Coast Guard Agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions. To this end, when launching rapid border interventions at the request of a Member State or in the context of a situation requiring urgent action, the European Border and Coast Guard Agency should be able to deploy European Border and Coast Guard Teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the Member States, which should amount to a minimum of 1 500. The deployment of the European Border and Coast Guard Teams from the rapid reserve pool should be immediately complemented by additional European Border and Coast Guard Teams as appropriate.
Amendment 89 #
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 return.
Amendment 90 #
Proposal for a regulation
Recital 21
Recital 21
(21) The European Border and Coast Guard Agency should step up its assistance to Member States for returning illegally staying third-country nationals, subject to the Union return policy and in compliance with Directive 2008/115/EC of the European Parliament and of the Council.15 In particular, following the request of one or more Member States it should coordinate and organise return operations from one or more Member States and it should organise and conduct return interventions to reinforce the return system of Member States requiring increased technical and operational assistance when complying with their obligation to return illegally staying third-country nationals in accordance with that Directive. __________________ 15 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, 21.12.2008, p. 98).
Amendment 91 #
Proposal for a regulation
Recital 24
Recital 24
(24) The European Border and Coast Guard Agency should monitor and contribute tokeep abreast of the developments in research relevant for the control of the external borders in order to use the most adequate resourses, including the use of advanced surveillance technology, and it should disseminate this information to the Member States and to the Commission.
Amendment 92 #
Proposal for a regulation
Recital 28
Recital 28
(28) The European Border and Coast Guard Agency, in agreement with the Member State(s) concerned, should facilitate and encourage operational cooperation between Member States and third countries in the framework of the external relations policy of the Union in cooperation with the Commission and EEAS, including by coordinating operational cooperation between Member States and third countries in the field of manageafter risk assessment of the EU external borders neighboring third countries and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countries, the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.
Amendment 95 #
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation establishes a complaint mechanism for the European Border and Coast Guard Agency, in cooperation with the Fundamental Rights Officer, to monitor and ensure the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the Fundamental Rights Officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The Fundamental Rights Officer should review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the Executive Director and Management Board, forward complaints concerning border guardmembers of the teams to the home Member State and register the follow-up by the Agency or that Member State. This data should be included in the annual report of the Agency .Criminal investigations should be conducted by the Member States.
Amendment 103 #
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 therein.
Amendment 106 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘EU external borders’ means the land and sea borders of the Member States with third countries and their airports and seaports, to which the provisions of Title II of Regulation (EC) No 562/2006 of the European Parliament and of the Council 38 apply; __________________ 38 Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).
Amendment 113 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The European Border and Coast Guard Agency and the national authorities of Member States which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall constitute the European Border and Coast Guard missions.
Amendment 115 #
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 annual 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. 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 122 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) analysis of the risks for internal security and analysis of the threats that may affect the functioning or security of the EU external borders;
Amendment 124 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and/or transit for irregular immigration in cooperation with the Commission and the EEAS;
Amendment 129 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The European Border and Coast Guard Agency 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 border control tasks.
Amendment 131 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitatesupport the application of Union measures relating to the management of EU external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency.
Amendment 137 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The European Border and Coast Guard Agency shall be responsible for the management of the EU external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area.
Amendment 145 #
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 uniform application of international standards for returns, the Agency shall perform the following tasks:
Amendment 146 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) establish a monitoring and risk analysis centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management by making use of available resources such as the Union satellite center and situation center;
Amendment 147 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) carry out a vulnerability assessment including the assessment of the capacity of Member States to face threats and pressures at their external borders;
Amendment 148 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) assistprovide support to Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 153 #
Proposal for a regulation
Article 7 – paragraph 1 – point h
Article 7 – paragraph 1 – point h
(h) support the development of common technical standards for equipment, especially for tactical level command, control and communication as well as technical surveillance to ensure interoperability at Union and national level;
Amendment 154 #
Proposal for a regulation
Article 7 – paragraph 1 – point k
Article 7 – paragraph 1 – point k
(k) set up pools of forced return monitors, forced return escorts and return specialists using resources allocated by member States;
Amendment 156 #
Proposal for a regulation
Article 7 – paragraph 1 – point n
Article 7 – paragraph 1 – point n
(n) participate inmonitor the development and management of research and innovation activities relevant for the control and surveillance of EU external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems and develop pilot projects regarding matters covered by this Regulation;
Amendment 159 #
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 to support the national authorities carrying out coast guard functions by providing services, information and, where necessary, equipment and training, as well as by coordinating multipurpose operations;
Amendment 161 #
Proposal for a regulation
Article 7 – paragraph 1 – point r
Article 7 – paragraph 1 – point r
(r) assist Member States and third countries in the context ofin their operational cooperation between themwith third countries in the fields of external border management and return.
Amendment 165 #
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 the EU 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.and in the field of return, Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.
Amendment 170 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Agency and the national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall be subject to a duty to cooperate in good faith, and an obligation to exchange information.
Amendment 172 #
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 181 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Liaison officers in Member States and third countries
Amendment 183 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall ensure regular monitoring of the management of the external borders through liaison officers of the Agency in Member States and third countries.
Amendment 184 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Executive Director shall appointdraw expertsise from the staff of the Agency to be deployed as liaison officers. The Executive Directorliaison officers to be appointed and deployed in the member States and third countries. The Management Board shall, based on risk analysis and ion consultation with the Management Board, determina proposal of the Executive Director, decide the nature of the deployment, ,the Mmember State to which a liaison officer may be deployed and the duration of the deployment and notify its decisions to the Member State concerned. The Executive Director shall notifyconsult the Member State concerned ofn the appointment and shall determine, together with the Member State, the location of deploymentnature and duration of the deployment before making its proposal and on the tasks which are not covered by paragraph 3.
Amendment 193 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment shall be submitted to the Supervisory BoarMember State concerned, which shall advise the Executive Director on the measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the results of the Schengen evaluation mechanism.
Amendment 195 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Executive Director shall adopt a drecisommendation setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be taken and laying down the time- limit within which the measures are to be taken. The Executive Director shall adopt this recommendation in an advisory capacity and the Member State concerned shall justify not implementing the recommendations.
Amendment 199 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does notis unable to adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time-limit foreseen in that decision, fFurther action may be taken by the Commission in accordance with Article 18.
Amendment 203 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Actions by the Agency at the EU external borders
Amendment 211 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Initiating joint operations and rapid border interventions at the EU external borders
Amendment 216 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Executive Director and the management board shall evaluate, approve and coordinate proposals for joint operations made by Member States. Joint operations and rapid border interventions shall be preceded by a thorough, reliable and up-to-date risk analysis, thereby enabling the Agency to set an order of priority for the proposed joint operations and rapid border interventions, taking into account the impact level to external border sections in accordance with Regulation (EU) No 1052/2013 and the availability of resources.
Amendment 235 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does notis unable to take the necessary corrective measures in accordance with a decision of the Management Boardmeasures referred to in Article 12 (5) and (6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, after consulting the Agency, may adopt a decision by means of an implementing act, 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).
Amendment 241 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed from each Member State within three working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly basis, make available to the Agency a number of border guards commensurate to at least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, andor other relevant staff which shall amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board.
Amendment 251 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall at least on a monthly basisregularly inform the Agency of their planned national return operations, as well as of their needs for assistance or coordination by the Agency. The Agency shall draw up a rolling operational plan to provide the requesting Member States with the necessary operational reinforcement, including technical equipment. The Agency may, on its own initiative, include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The Management Board shall decide, on a proposal of the Executive Director, on the modus operandi of the rolling operational plan.
Amendment 255 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Agency may provide the necessary assistance and ensure, at the request of the participating Member States or a third country, or propose on its own initiative, the coordination or the organisation of return operations, during which a number of returnees subject to a third-country return decision are passed from this third country to another third country of return (‘mixed return operations’), provided that the third country that issued the return decision is bound by the European Convention on Human Rights and in line with the Union list of safe countries of origin established by Regulation .../... of the European Parliament and of the Council1a. The participating Member States and the Agency must 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. __________________ 1aRegulation .../... of the European Parliament and of the Council establishing an EU common list of safe countries of origin for the purposes of Directive 2013/32/EU of the European Parliament and of the Council on common procedures for granting and withdrawing international protection, and amending Directive 2013/32/EU.
Amendment 258 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard Agency 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, relevant international law, including the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy.
Amendment 263 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. In the performance of its tasks the European Border and Coast Guard Agency shall ensure that no person is disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle.
Amendment 264 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard Agency shall, in the performance of its tasks, take into account the special needs of childrenminors, especially if unaccompanied, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 266 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In the performance of its tasks, in its relations with Member States and in its cooperation with third countries, the Agency shall take into accountensure appropriate follow up to the reports of the Consultative Forum and the Fundamental Rights Officer.
Amendment 271 #
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 EU 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 interventions.
Amendment 278 #
Proposal for a regulation
Article 37 – title
Article 37 – title
Amendment 279 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Agency may acquire, itself or in co-ownership with ause technical equipment provided by Member States, or lease technical equipment to be deployed during joint operations, pilot projects, rapid border interventions, return operations, return interventions or technical assistance projects in accordance with the financial rules applicable to the Agency.
Amendment 280 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 281 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 282 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. On the basis of a model agreement drawn up by the Agency, the Member State of registration and the Agency shall agree on modalities ensuring the periods of full availability of the co-owned assetsequipment for the Agency, as well as on the terms of use of the equipment. Technical equipment owned solely by the Agency shall be made available to the Agency upon its request and the Member State of registration may not invoke the exceptional situation referred to in Article 38(4).
Amendment 283 #
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The Member State of registration or the supplier of technical equipment shall provide the necessary experts and technical crew to operate the technical equipment in a legally sound and safe manner.
Amendment 284 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. The Agency shall set up and keep centralised records of equipment in a technical equipment pool composed of equipment owned either by the Member States or by the Agency and equipment co- owned by the Member States and the Agency for external border control or return purposes.
Amendment 311 #
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, in agreement with the concerned Member State(s), shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the predefined operational plan, of the external relations policy of the Union and especially of the European neighborhood and development policy, including with regard to the protection of fundamental rights. The Agency and the Member States shall comply with 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 317 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In circumstances requiring increased technical and operational assistance, the Agency may , in agreement with the concerned Member State(s) ,coordinate operational cooperation between Member States and third countries in the field of management of the EU external borders, and it shall have the possibility of carrying out joint operationactivities 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 agreement of that neighbouring third country, including on the territory of that third country. The Commission, the EEAS, Eurojust and Europol shall be informed of such activities.
Amendment 325 #
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,including in an observer capacity, 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 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 335 #
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 31 to 5.
Amendment 339 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Agency may deploy experts of its own staff as liaison officers, who should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the Union and of the Member States, including the network set up pursuant to Council Regulation (EC) No 377/2004.49 __________________ 49 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).
Amendment 350 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
Amendment 354 #
Proposal for a regulation
Article 71 – paragraph 2 a (new)
Article 71 – paragraph 2 a (new)
2 a. The Fundamental Rights Officer shall hold regular exchange of views with the competent bodies of the European Parliament and report on complaints and their follow-up.
Amendment 360 #
Proposal for a regulation
Article 72 – paragraph 5 a (new)
Article 72 – paragraph 5 a (new)
5 a. The Executive Director shall report to the Fundamental Rights Officer as to the findings and follow-up given by the Agency to a complaint
Amendment 361 #
Proposal for a regulation
Article 72 – paragraph 7
Article 72 – paragraph 7
7. The Fundamental Rights Officer shall report toinform the Executive Director and to the Management Board as tof the findings andregarding the complaints deemed eligible. The Executive Director and the Management Board shall then report on the follow-up given to complaints by the Agency and the Member States.
Amendment 364 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languagesEU languages as well as in Arabic and in any other languages most commonly used and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 367 #
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
By three years from the date of entry into force of this Regulation, and every three years thereafter, the Commission shall carry out an evaluation to assess particularly the impact, effectiveness and efficiency of the Agency’s performance and its working practices in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify this regulation, the mandate of the Agency, and the financial implications of any such modification.
Amendment 369 #
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 2
Article 80 – paragraph 1 – subparagraph 2
The evaluation shall include a specific analysis on the way the Charter of Fundamental Rights was complied with in the application of this Regulation as well as of cases of complaints and their handling.
Amendment 370 #
Proposal for a regulation
Article 80 – paragraph 2 a (new)
Article 80 – paragraph 2 a (new)
2 a. The Executive Director shall hold regular exchanges of views with the appropriate bodies of the European Parliament, notably regarding specific cooperation with third countries, and shall present the annual report of the Agency.