Activities of Gérard DEPREZ related to 2015/0310(COD)
Plenary speeches (2)
European Border and Coast Guard (A8-0200/2016 - Artis Pabriks) FR
European Border and Coast Guard (debate) FR
Amendments (78)
Amendment 123 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The development and implementation of an integrated external border management system at Union level calls for the framing of a global European strategy for external border management which lays down the main guidelines, priorities and shared objectives. That global strategy should be drawn up by the Commission, subject to approval by the Council and Parliament.
Amendment 133 #
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 and assess 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 search and rescue operations, return operations and return interventions.
Amendment 158 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The vulnerability assessment shall also assess how Member States respect fundamental rights, including appropriate and adequate reception conditions for the migrants, refugees and asylum seekers arriving at the border, the presence and effectiveness of instruments that ensure access to information for migrants, asylum-seekers and refugees, the possibility to apply for international protection, the access to legal assistance, the identification and referral of asylum seekers, refugees and migrants to relevant procedures, the access to effective remedies. Such assessment shall be made in cooperation with the Consultative Forum, the Fundamental Rights Centre, the Fundamental Rights Agency and EASO.
Amendment 182 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The European Border and Coast Guard Agency should carry out and assist Member States in search and rescue operations for persons in distress at sea and should fulfil this task in full compliance with fundamental rights, in particular the Charter of Fundamental Rights of the European Union, the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement, the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, and the International Convention on Maritime Search and Rescue.
Amendment 188 #
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 and, where appropriate, the issuing of European travel documents for the return journey. 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 224 #
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, forward complaints concerning border guards to the home Member State and register the follow-up by the Agency or that Member State. Criminal investigations should be conducted by the Member States.
Amendment 238 #
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 guaranteeing the proper functioning of the Schengen area, managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.
Amendment 266 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 275 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The European Border and Coast Guard Agency shall ensure a constant and uniform application of EU law, including the EU acquis in fundamental rights, across all EU external borders.
Amendment 276 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall establish their national strategies for integrated border management. Those national strategies shall be coherent with the strategyies referred to in paragraph 2Article 3a.
Amendment 277 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a European integrated border management strategies 1. The Commission shall establish, with reference to the European Border and Coast Guard Agency recommendations, a European integrated border management strategy. The strategy shall set out general guidelines, the objectives to be met and the key actions to be taken in order to establish a fully functioning European integrated border management system. The European integrated border management strategy shall be revised whenever circumstances warrant and at least once every four years, and shall be submitted to the European Parliament and the Council for approval. 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.
Amendment 278 #
Proposal for a regulation
Article 4 – title
Article 4 – title
European integrated external border management
Amendment 289 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) border management that acknowledges the different needs of mixed migration flows at the external borders;
Amendment 293 #
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) search and rescue of persons in distress at sea;
Amendment 315 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The implementation of European integrated border management shall be in full compliance with fundamental rights.
Amendment 324 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of 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 strategyies referred to in Article 3(2), and in close cooperation with the Agencya.
Amendment 352 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) establish a monitoring and rRisk Analysisk analysis cd Vulnerability Assessment Centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management; and the capacity to carry out vulnerability assessments including the assessment of the capacity of Member States to face threats and pressures at the external borders.
Amendment 353 #
Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) ensure regular monitoring of the management of the external borders through liaison officers of the Agency in Member States;
Amendment 354 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 363 #
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;
Amendment 366 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) carry out and assist Member States in humanitarian emergency operations and in search and rescue operations of persons in distress at sea;
Amendment 368 #
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 sea;
Amendment 379 #
Proposal for a regulation
Article 7 – paragraph 1 – point g a (new)
Article 7 – paragraph 1 – point g a (new)
(ga) cooperate with national authorities and European agencies with responsibility for enforcement in action to prevent and detect cross-border crime and in investigations into such crime;
Amendment 389 #
Proposal for a regulation
Article 7 – paragraph 1 – point m
Article 7 – paragraph 1 – point m
(m) assist Member States on training of national border guards and experts on return, including the establishment of common training standards and programmes;
Amendment 424 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States must provide the Agency with information on the budget and financial resources dedicated to border management at a national level.
Amendment 425 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 429 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish a monitoring and rRisk Analysisk analysis cd Vulnerability Assessment Centre with the capacity to monitor migratory flows towards and within the Union. For this purpose, the Agency shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States and to carry out vulnerability assessments as referred Article 12.
Amendment 431 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. When developing a common integrated risk analysis model, the Agency shall draw on Europol cross-border crime risk analyses.
Amendment 433 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The AgencyRisk Analysis and Vulnerability Assessment Centre shall prepare general and tailored risk analyses and submit it to the Council and the Commission. For this purpose, it shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 440 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the AgencyCentre shall cover all aspects relevant to the European integrated border management, in particular border control, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union, as well as the respect of fundamental rights.
Amendment 451 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall provide the AgencyCentre with all necessary information regarding the situation, trends and possible threats at the external borders and in the field of return. Member States shall regularly or upon the request of the AgencyCentre provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and intelligence derived from the analysis layer of the national situational picture established in accordance with Regulation (EU) No 1052/2013.
Amendment 452 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall provide the Agency with all necessary information regarding the situation, trends and possible cross-border crime threats at the external borders and in the field of return. Member States shall regularly or upon the request of the Agency provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and intelligence derived from the analysis layer of the national situational picture established in accordance with Regulation (EU) No 1052/2013.
Amendment 495 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The AgencyRisk Analysis and Vulnerability Assessment Centre shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control. That assessment shall be based on information provided by the Member State and 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.
Amendment 511 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the AgencyCentre, provide information as regards technical equipment, staff and financial resources available at national level to carry out border control and they shall submit their contingency plans.
Amendment 516 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the AgencyCentre 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 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). The assessment also aims at evaluating the capacity of Member States to respect fundamental rights in such situations. That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 537 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does not 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. The Management Board's decision shall be binding on the Member State. If the Member State does not take the measures within the time-limit foreseen in that decision, further action may be taken by the Commission in accordance with Article 18.
Amendment 558 #
Proposal for a regulation
Article 13 – paragraph 2 – point d a (new)
Article 13 – paragraph 2 – point d a (new)
(da) deploy and coordinate joint search and rescue operations for people in distress at sea;
Amendment 568 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Executive Director shall evaluate, approve and coordinate proposals for joint operations made by Member Statesand rapid border interventions made by Member States. The Executive Director shall simultaneously notify the Member States concerned and the Management Board in writing of the decision. 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 570 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Member States may challenge any decision by the Executive Director not to launch a joint operation or a rapid border intervention by referring it to the Management Board.
Amendment 580 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Executive Director shall draw up an operational plan for joint operations at the external borders. The Executive Director and the host Member State, in consultation with the participating Member States, shall agree on the operational plan detailing the organisational aspects of the joint operation. A copy of the operational plan shall immediately be sent to the Management Board.
Amendment 599 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State, after consultation of the participating Member States. A copy of the amended or adapted operational plan shall immediately be sent by the Agency to the participating Member States and the Management Board.
Amendment 603 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision. A copy of the operational plan shall immediately be sent to the Management Board.
Amendment 604 #
Proposal for a regulation
Article 16 – paragraph 8 a (new)
Article 16 – paragraph 8 a (new)
8a. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State, after consultation of the participating Member States. A copy of the amended or adapted operational plan shall immediately be sent by the Agency to the participating Member States and the Management Board.
Amendment 614 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Member States may challenge decisions taken by the Executive Director on requests they have submitted for operational and technical reinforcement by referring them to the Management Board.
Amendment 693 #
Proposal for a regulation
Article 19 – paragraph 8 – subparagraph 2
Article 19 – paragraph 8 – subparagraph 2
Such secondments may be for 12 months or more butshall in any case it shallbe for not be less than three months. The seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams. The Member State having seconded the border guards shall be considered as the home Member State.
Amendment 695 #
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
9. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed to the European Border and Coast Guard Teams and of the number of border guards actually made available, in accordance with this Article.
Amendment 710 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Executive Director shall terminate, after informing the Member State concerned and the Management Board, joint operations or rapid border interventions if the conditions to conduct those activities are no longer fulfilled.
Amendment 717 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director, in close cooperation with the Consultative Forum and the Fundamental Rights Office, 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. Such decision shall be taken on the ground of objective and public criteria and shall be linked with the fundamental rights elements of the risks analysis and of the vulnerability assessments and with the results of the complaint mechanism.
Amendment 720 #
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. All the expenditure covered by the Agency under Article 23 of this Regulation shall continue to be borne by the Agency until the border guards and coast guards have actually returned to their Member States.
Amendment 721 #
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. Any decision by the Executive Director to suspend or cease joint operations and rapid interventions at borders may be contested by the Member State concerned before the Management Board.
Amendment 738 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) coordinate the use of relevant IT systems and provide support on consular cooperation for the identification of third- country nationals and the acquisition of travel documents, initiate, organise and coordinate return operations and provide support to voluntary departure in cooperation with the Member States;
Amendment 742 #
Proposal for a regulation
Article 26 – paragraph 1 – point f a (new)
Article 26 – paragraph 1 – point f a (new)
(fa) advise and support the Member States in their implementation of return procedures, in accordance with the 2008 Directive on common standards and procedures in Member States for returning illegally staying third-country nationals.
Amendment 754 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall at least on a monthly basis 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, or at the request of a Member State, 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 765 #
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Agency shall finance or co- finance return operations with grants from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member Statas many Member States as possible, or from hotspot areas.
Amendment 772 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return monitors corresponding to the defined profile. A child protection profile must be included in the pool for any return operation or intervention involving children.
Amendment 779 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile. A child protection profile must be included in the pool for any return operation or intervention involving children
Amendment 782 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Agency shall make available these escorts, upon request, to participating Member States to escort returnees on their behalf and to take part in return operations and interventions.
Amendment 789 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. In circumstances where Member States are facing a heavy burden when implementing the obligation to return illegally staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon request of one or more Member States, provide the appropriate technical and operational assistance in the form of a return intervention. The Agency may propose on its own initiative to provide such technical and operational assistance to the Member States. Such intervention may consist in the deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States. Member States shall regularly inform the Agency of their needs for technical and operational assistance, and the Agency shall draw up a rolling plan for return interventions on this basis.
Amendment 795 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The Executive Director shall draw up an operational plan without delay, in agreement with the host Member States and the Member States willing to participate in a return intervention. A copy of the operational plan shall be immediately sent to the Management Board.
Amendment 799 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Evaluation of return operations and return interventions The Executive Director shall evaluate the conduct and the results of the return operations and returns interventions and transmit the detailed evaluation reports within 60 days following the end of those operations and interventions to the Management Board, together with the observations of the Fundamental Rights Office. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future operations and interventions, and it shall include it in its consolidated annual activity report.
Amendment 808 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights, relevant international law, including the Convention Relating to the Status of Refugees and the UN Convention on the Rights of the Child 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 809 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. The Agency shall draw up and further develop and implement a Fundamental Rights Strategy. The Agency, in close cooperation with the Consultative Forum and the Fundamental Rights Office, shall put in place an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency.
Amendment 817 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, unaccompanied minors, 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 1018 #
Proposal for a regulation
Article 61 – paragraph 3 a (new)
Article 61 – paragraph 3 a (new)
3a. The Management Board shall decide by a majority of its members with voting rights on an appeal lodged by a Member State against a decision by the Executive Director concerning a request to launch a joint operation, rapid border intervention or return operation, to send migration management support teams and to suspend or halt the financing of a joint operation or rapid border intervention.
Amendment 1027 #
Proposal for a regulation
Article 65 – paragraph 5
Article 65 – paragraph 5
5. The Management Board may invite a representative of the European External Action Service or of any other body, agency or institution of the Union.
Amendment 1029 #
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. The European Parliament or the Council may invite the Executive Director to report on the carrying out of his or her tasks, in particular on the implementation and monitoring of the overall European integrated border management strategy adopted by Parliament and the Council, the operational and technical strategy for European integrated border management drawn up by the Agency, the Fundamental Rights Strategy, the consolidated annual activity report of the Agency for the previous year, the work programme for the following year and the Agency’s multiannual programming.
Amendment 1041 #
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Article 67a Independence 1. The Executive Director shall act in complete independence in the performance of his or her duties. 2. The Executive Director shall, in the performance of his or her duties, neither seek nor take instructions from anybody. 3. The Executive Director shall refrain from any action incompatible with his or her duties and shall not, during his or her term of office, engage in any other occupation, whether gainful or not. 4. The Executive Director shall, after his or her term of office, behave with integrity and discretion as regards the acceptance of appointments and benefits.
Amendment 1046 #
Proposal for a regulation
Article 68 – paragraph 1 a (new)
Article 68 – paragraph 1 a (new)
1a. The candidates proposed by the Commission shall be heard by the committees responsible of the European Parliament. After these hearings, Parliament shall deliver an opinion in which it shall indicate its preferences to the Management Board.
Amendment 1048 #
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 professional experience in the field of management of the external borders and return. The Management Board shall take account of the opinion delivered by the European Parliament and shall take its decision by a two- thirds majority of all members with a right to vote.
Amendment 1083 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Agency shall invite the European Asylum Support Office, the European Union Agency for Fundamental Rights, the United Nations High Commissioner for Refugees and other relevant organisations to participate in the Consultative Forum. On a proposal by the Executive Director, the Management Board shall decide on the composition and the working methods of the Consultative Forum and the modalities of the transmission of information to the Consultative Forum. The Consultative Forum shall decide on its own working methods.
Amendment 1088 #
Proposal for a regulation
Article 70 – paragraph 5
Article 70 – paragraph 5
5. The Consultative Forum shall have an effective access to all information concerning the respect for fundamental rights, including by carrying out on spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State.
Amendment 1092 #
Proposal for a regulation
Article 71 – title
Article 71 – title
Fundamental Rights Officer
Amendment 1093 #
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. A Fundamental Rights Officer shall be designated by the Management Board and shall have the necessary qualifications and experience in the fieldtablished within the Agency, with the capacity to monitor the respect of fundamental rights by the Agency.
Amendment 1094 #
Proposal for a regulation
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
1a. The Fundamental Rights Office shall be composed of Fundamental Rights Officers that have the necessary qualifications and experience in the field of fundamental rights.
Amendment 1095 #
Proposal for a regulation
Article 71 – paragraph 1 b (new)
Article 71 – paragraph 1 b (new)
1b. The Fundamental Rights Office shall have adequate resources and staff at its disposal, corresponding to the mandate and the size of the Agency.
Amendment 1101 #
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 1109 #
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Fundamental Rights Officer shall be consulted on the operational plans drawn up in accordance with Articles 15, 16 and 32(4) and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency.
Amendment 1134 #
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 as necessary or other measures in accordance with national law. The relevant Member State shall report back to the Fundamental Rights Officer, within a limited period of time, as to the findings and follow-up to a complaint. If the Member State concerned do not provide such a follow-up, the Agency shall send an official letter informing the Member State about the complaint and determining possible follow-up actions to the Member State.