Activities of Miltiadis KYRKOS related to 2015/0310(COD)
Plenary speeches (1)
European Border and Coast Guard (debate) EL
Amendments (79)
Amendment 105 #
Proposal for a regulation
Recital 1
Recital 1
(1) On 25 and 26 June 2015,12 the European Council called for wider efforts in resolving the migrant crisiunprecedented migratory flows in a comprehensive manner, including through the reinforcement of the management of borders to better manage growing mixed migratory flows. Furthermore, on 23 September 2015,13 the European Council stressed the need to tackle the dramatic situation at the external borders as well as to strengthen the controls at those borders, notably through additional resources for the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the European Asylum Support Office and Europol, with human resources and technical contributions from Member States. __________________ 12 Meeting of the European Council, Conclusions of 25 and 26 June 2015. 13 Informal meeting of EU Heads of State or Government on migration, Statement of 23 September 2015.
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 128 #
Proposal for a regulation
Recital 7
Recital 7
(7) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, commonly referred to as Frontex, was established by Council Regulation (EC) No 2007/2004.14 Since taking up its responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, as well as risk analysis, information exchange, relations with third countries and the return of irregularly staying third- country nationals illegally staying on the territory ofwho are the subject of a final return decision issued by a Member States., __________________ 14 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).
Amendment 135 #
Proposal for a regulation
Recital 9
Recital 9
(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency. The key role of the European Border and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct return operations and return interventions while ensuring full respect of human rights in their actions and activities and the fulfilment of asylum obligations and commitments of each Member State.
Amendment 154 #
Proposal for a regulation
Recital 13
Recital 13
(13) The European Border and Coast Guard Agency should carry out a vulnerability assessment to assess the capacity of the Member States to face challenges at their external borders, including by assessing the equipment and resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take corrective action to address any deficiencies identified in that assessment. The Executive Director, on the advice of a Supern Advisory Board created within the European Border and Coast Guard Agency, should identify the measures to be taken by the Member State concerned and should set a time-limit within which those measures should be taken. That decision should be binding on that Member State and where the necessary measures are not taken within the set time- limit, the matter needs to be referred to the Management Board for a further decision.
Amendment 160 #
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. 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 165 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) During a border surveillance operation at sea, a situation may occur where it will be necessary to render assistance to persons found in distress. In accordance with international law, every State must require the master of a vessel flying its flag, in so far as he can do so without serious danger to the vessel, the crew or the passengers, to render assistance without delay to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress. Such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found. The shipmaster and crew should not face criminal penalties for the sole reason of having rescued persons in distress at sea and brought them to a place of safety.
Amendment 166 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
Amendment 168 #
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 experts from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground.
Amendment 185 #
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 appropriatewhere necessary.
Amendment 203 #
Proposal for a regulation
Recital 25
Recital 25
(25) Effective implementation of an integrated management of the external borders necessitates regular, swift and reliable exchange of information among the Member States regarding the management of the external borders, irregular immigration and return. The European Border and Coast Guard Agency should develop and operate information systems facilitating such exchange in accordance with Union data protection legislation.
Amendment 245 #
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, to safeguard free movement and the fundamental rights of persons in the area of freedom, security and justice without internal borders by effectively managing migration and thereby ensuring a high level of internal security.
Amendment 254 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘returnee’ means an illegalrregularly staying third-country national who is the subject tof a final return decision; issued by a Member State;
Amendment 256 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘return operation’ means an operation to return illegally staying third- country nationals who are the subject of a final return decision, that is coordinated by the Agency and involves technical and operational reinforcement being provided by one or more Member States under which returnees from one or more Member States are returned either through forced return or in voluntary compliance with an obligation to return;
Amendment 259 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘return intervention’ means an operation to return illegally staying third- country nationals who are the subject of a final return decision providing for enhanced technical and operational assistance consisting of the deployment of European Return Intervention Teams to Member States and the organisation of return operations.
Amendment 269 #
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 taking into account, where justified, the specific situation of the Member States, in particular their geographical location. It shall promote and ensure the implementation of European integrated border management in all Member States.
Amendment 285 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, which may includinge measures related to the prevention, and detection and investigation of cross-border crimeof the criminal smuggling of persons, trafficking in human beings and terrorism, where appropriate;
Amendment 294 #
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) The identification, provision of initial information to and onward referral of persons arriving at the external borders who are in need of, or wish to apply for, international protection;
Amendment 300 #
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 transit for irregular immigration;
Amendment 305 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) technical and operational measures within the area of free movement which are related to border control and designed to preventbetter manage irregular immigration and to counter cross-border crime;
Amendment 309 #
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) return of third-country nationals illegally staying on the territory of thewho are the subject of a final return decision issued by a Member States;
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 337 #
Proposal for a regulation
Article 5 – paragraph 3 – point 1 (new)
Article 5 – paragraph 3 – point 1 (new)
(1) When carrying out its tasks in accordance with Article 7, The European Border and Coast Guard Agency shall actively observe and promote the application of the existing and future Union law, including fundamental rights and international protection.
Amendment 367 #
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, with active support over SAR capacities and operations, as defined by the International Conventions such as SOLAS and SAR, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 374 #
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) coordinate Member State action, and provide technical and operational assistance to Member States, in the context of search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014;
Amendment 383 #
Proposal for a regulation
Article 7 – paragraph 1 – point j
Article 7 – paragraph 1 – point j
(j) assist Member States in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegally stayingthose third-country nationals who are the subject of a final return decision issued by a Member State, including through the coordination or organisation of return operations;
Amendment 392 #
Proposal for a regulation
Article 7 – paragraph 1 – point o
Article 7 – paragraph 1 – point o
(o) develop and operate, in accordance with Regulation (EC) No 45/200140 and Framework Decision 2008/977/JHA, information systems that enable swift and reliable exchanges of information regarding emerging risks at the management of the external borders, irregular immigration and return, in close cooperation with the Commission, Union agencies, bodies and offices as well as the European Migration Network established by Council Decision 2008/381/EC;41 __________________ 40 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). 41 Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).
Amendment 400 #
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 of operational cooperation between them in the fields of externalintegrated border management and returns defined in Article 4.
Amendment 419 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall in accordance with Article 4(3) of the Treaty on European Union, provide the Agency in a timely and accurate manner with all the information necessary for the Agency to perform the tasks conferred on it by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Union, to carry out risk analysis and to perform the vulnerability assessment.
Amendment 459 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curricula for the training of border guards and of staffother staff or experts involved in return-tasks related taskso the integrated border management.
Amendment 473 #
Proposal for a regulation
Article 11 – paragraph 3 – point c a (new)
Article 11 – paragraph 3 – point c a (new)
(ca) observe and promote the application of existing and future Union measures relating to the management of external borders, including on fundamental rights and international protection;
Amendment 523 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment shall be submitted to the SuperAdvisory Board, 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 551 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The Agency shall organise the appropriate technical and operational assistance for the host Member State and it may, in accordance with the relevant Union and international law, including the principle of non-refoulement, take one or more of the following measures:
Amendment 563 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States may request the Agency to launch joint operations to face upcoming challenges, including present or future threats at the external borders resulting from irregular immigration or cross- border crime, or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders.
Amendment 619 #
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, the provision of initial information to and onward referral of those persons arriving who are in need of, or wish to apply for, international protection, and, where requested by the Member State, the fingerprinting of third- country nationals;
Amendment 664 #
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 669 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Executive Director shall, within two working days from the date of adoption of the Commission decision, and on the advice of the SuperAdvisory Board, determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision.
Amendment 704 #
Proposal for a regulation
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
(b) monitor the correct implementation of the operational plan, including on the protection of fundamental rights;
Amendment 716 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director shall withdraw the financing of a joint operation or a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. For this purpose, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing of a joint operation or a rapid border intervention.
Amendment 734 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) coordinate at technical and operational level the return activities of the Member States, to achieve an integrated system of return management among competent authorities of the Member States, including voluntary departure with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 800 #
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32 b Suspension or termination of return operations and return interventions 1. The Executive Director shall terminate, after informing the Member States concerned, return operations or return interventions if the conditions to conduct those activities are no longer fulfilled. 2. The Executive Director may withdraw the financing of a return intervention or suspend or terminate it if the operational plan is not respected by either the host Member State or the participating Member States. 3. The Executive Director shall withdraw the financing of a return operation or a return intervention, or suspend or terminate, in whole or in part, a return operation or a return intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. 4. For these purposes, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing of return operations and return interventions.
Amendment 811 #
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 shall ensure that no person is, in contravention of the principle of non-refoulement, 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-refoulementwhere, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion or retur, removal or extradition to another country in contravention of that principle.
Amendment 841 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Agency shall establish and further develop common core curricula for the training of border guards and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights, access to international protection and, relevant maritime law, the Codes of Conduct drawn up in accordance with Article 34, and relevant international standards such as the Sphere Minimum Standards in Humanitarian Response. The Agency shall draw up the common core curricula after consulting the Consultative Forum. Member States shall integrate the common core curricula in the training of their national border guards and staff involved in return-related tasks.
Amendment 863 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Agency may acquire, itself or in co-ownership with a Member State, or lease technical equipment to be deployed during joint operations, pilot projects, rapid border interventions, search and rescue operations, return operations, return interventions or technical assistance projects in accordance with the financial rules applicable to the Agency.
Amendment 873 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
Amendment 885 #
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, which is responsible for their instructions in accordance with Article 20 (1), that Member State shall be liable in accordance with its national law for any damage caused by them during their operations.
Amendment 897 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the Data Protection Officer ofA Data Protection Officer shall be appointed in accordance with Regulation (EC) No 45/2001. The Management Board shall establish measures for the application of that Regulation by the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor.
Amendment 910 #
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
(b) personal data regarding persons who cross the external borders illegalrregularly and whose data is collected by the European Border and Coast Guard Teams, including when acting in the framework of the migration management support teams;
Amendment 911 #
Proposal for a regulation
Article 46 – paragraph 1 – point c
Article 46 – paragraph 1 – point c
(c) license plate numbers, telephone numbers or ship identification numbers, which are necessary for investigating and analysing routes and methods used for irregular immigration and cross-border criminal activities.
Amendment 913 #
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) where transmission to the European Asylum Support Office, Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 51;
Amendment 953 #
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 the principle of non-refoulement. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation alsoUnion law, including norms and standards which form part of the Union acquis, 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 956 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, as well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shall be related todetail the scope, nature and purpose of the cooperation and the management of operational cooperation. Such arrangements shall have received the Commission’'s prior approval and shall have been presented to the relevant committee in the European Parliament prior to receiving such approval.
Amendment 963 #
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, 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 agreement of that neighbouring third country, including on the territory of that third country. Operations shall be carried out on the basis of an operational plan agreed also by the Member State bordering the operational area. The Commission shall be informed of such activities.
Amendment 970 #
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, 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 and shall be required to adhere to the Codes of Conduct of the Agency while participating in its activities.
Amendment 988 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding irregular immigration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board.
Amendment 990 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The tasks of the Agency’s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally stayingthose third-country nationals who are the subject of a final return decision. Those liaison officers shall coordinate closely with Union delegations.
Amendment 1004 #
Proposal for a regulation
Article 60 – paragraph 1 – point c
Article 60 – paragraph 1 – point c
(c) a Supern Advisory Board;
Amendment 1012 #
Proposal for a regulation
Article 61 – paragraph 1 – point b
Article 61 – paragraph 1 – point b
(b) appoint the members of the SuperAdvisory Board in accordance with Article 69(2);
Amendment 1044 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The Commission shall propose candidates for the posappointment of the Executive Director and the Deputy Executive Director based on a list following publication of the post in the Official Journal of the European Union anshall take place in accordance with the cooperation (concertation) procedure provided for in paragraph 2. The Executive Director and Deputy Executive Director shall be appointed on ther press or internet sites as appropriate basis of his or her merit, documented high-level administrative and management skills, and senior professional experience in the field of the management of external borders.
Amendment 1052 #
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 on the grounds of merit and documented high-level administrative and management skills, as well as senior profcooperation procedure shall be as follows: (a) on the basis of a list drawn up by the Commission, following publication of the posts in the Official Journal of the European Union and other press or internet sites as appropriate, and before the appointments are made, applicants will be asked to address the Council and the competent European Parliament Committee and to reply to quesstional experience in the field of management of the external borders and returns; (b) the European Parliament and the Council will then give their opinions and state their orders of preference; (c) the Management Board shall appoint the Director and Deputy Executive Director taking those opinions into account. The Management Board shall take its decisions by a two- thirds majority of all members with a right to vote.
Amendment 1072 #
Proposal for a regulation
Article 69 – title
Article 69 – title
Amendment 1074 #
Proposal for a regulation
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. The SuperAdvisory Board shall advise the Executive Director:
Amendment 1077 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The SuperAdvisory Board shall be composed of the Deputy Executive Director, fourthe Fundamental Rights Officer, three other senior officials of the Agency to be appointed by the Management Board and one of the representatives of the Commission to the Management Board. The SuperAdvisory Board shall be chaired by the Deputy Executive Director.
Amendment 1078 #
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. The SuperAdvisory Board shall report to the Management Board.
Amendment 1098 #
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, he or she shall report directly to the Management Board and cooperate withto 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 1103 #
Proposal for a regulation
Article 71 – paragraph 2 – point 1 (new)
Article 71 – paragraph 2 – point 1 (new)
(1) The Fundamental Right Officer shall have access to all information concerning respect for fundamental rights in relation to all activities of the Agency.
Amendment 1104 #
Proposal for a regulation
Article 71 – paragraph 2 – point 2 (new)
Article 71 – paragraph 2 – point 2 (new)
(2) The staffing of the office of the Fundamental Rights Officer shall be commensurate to the staffing of the Agency and to the fulfilment of his or her mandate.
Amendment 1113 #
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 an independent, impartial and effective complaint mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency.
Amendment 1116 #
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 1122 #
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 anonymousill founded, malicious, frivolous, vexatious, hypothetical or inaccuratunidentifiable 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 1127 #
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, the Executive DirectoFundamental Rights Officer shall ensure appropriate follow-up, including recommending disciplinary measures as necessary. 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. to the Executive Director, and 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 regarding the implementation of disciplinary measures within a determined time period, and if necessary, at regular intervals thereafter. In the case of civil or criminal justice proceedings, the relevant Member State shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint within a determined time period, and if necessary, at regular intervals thereafter. In case the relevant Member State 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 1132 #
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, the home Member State shall ensure appropriate follow-up, including disciplinary measures and referral to civil or criminal justice procedures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint. within a determined time period, and if necessary, at regular intervals thereafter. In case the relevant Member State 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 1138 #
Proposal for a regulation
Article 72 – paragraph 6 a (new)
Article 72 – paragraph 6 a (new)
6a. In case a border guard or a seconded national expert has been found to have violated fundamental rights or international protection obligations, the Agency shall request the Member State to remove the border guard or seconded national expert immediately from the activity of the Agency or the rapid reserve pool, and pursue appropriate disciplinary or civil or criminal justice measures.
Amendment 1141 #
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7a. The Agency shall provide publicly accessible information on the complaints mechanism in the context of its annual report, indicating the number of complaints received, the types of fundamental rights violations, the operation concerned and the follow-up measures taken by Agency which would help it to identify possible shortcomings and improve its working methods.
Amendment 1148 #
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 up a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights establish the procedure for the complaints mechanism, after consulting the Consultative Forum, on the basis of Article 41 and 47 of the EU Charter of Fundamental Rights, including a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights, and the detailed procedures for information, admissibility, follow-up and appeal, including, where necessary, measures to facilitate access to the complaints mechanism and effective remedies for individuals who are residing in a third country. The Fundamental Rights Officer shall submit that form to the Executive Director and to the Management Board.
Amendment 1150 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that tinformation about the possibility and procedure for making a complaint is readily available. The standardized complaint form ishall be made available in most common languages and that it shall be made availablethird- country nationals understand or may be reasonably supposed to understand on the Agency’'s website and in hardcopy during all activities of the Agency. Further guidance and assistance on the complaints procedure shall be provided to alleged victims and on request. Information tailored to children and other vulnerable groups 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 1157 #
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 3
Article 72 – paragraph 10 – subparagraph 3
In order to safeguard the interest of the complainants, complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality. Any waivers of confidentiality shall be valid only where given freely by a specific, informed and unambiguous indication of the complainant's wishes. The Agency shall be able to demonstrate that the confidentiality was waived. For complainants who waive their right to confidentiality, it is understood that he or she consents to the Fundamental Rights Officer or the Agency disclosing his or her identity to the competent authority and the relevant authority or body competent for fundamental rights of the relevant Member State in relation to the matter under complaint.
Amendment 1159 #
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 3 – point 1 (new)
Article 72 – paragraph 10 – subparagraph 3 – point 1 (new)
(1) Data protection rights and related complaints shall be dealt with by the Data Protection Officer in accordance with Article 44 (1). Where there is uncertainty regarding responsibility for a specific complaint, that responsibility shall be determined on the basis of a written understanding between the Fundamental Rights Officer and the Data Protection Officer.
Amendment 1164 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. The Agency shall send a report on the budgetary and financial management for year N to the European Parliament, the Council and the Court of Auditors by 31 March of year N + 1. That report shall indicate the expenditure of the Agency with reference to each of the elements of European Integrated Border Management as set out in Article 4.