11 Amendments of Carlos COELHO related to 2010/0312(COD)
Amendment 33 #
Proposal for a regulation
Recital 8
Recital 8
(8) Member States should be closely involved in the evaluation process. MeasureIn order to ensure uniform conditions for the implementation of this Regulation should be adopted by the management procedure, as provided for in Article 4 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. , in particular for the adoption and adaptation of the multiannual evaluation programme and of the first section of the annual evaluation programme, for making recommendations on the classification of the findings in the evaluation reports, and for scheduling announced visits to verify the implementation of the action plan adopted by a Member State to remedy the identified weaknesses, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers.1 __________________ 1 OJ L 55, 28.2.2011, p. 13.
Amendment 38 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The European Data Protection Supervisor and the national supervisory authorities, each acting within the scope of their respective competences, should participate in on-site visits concerning data protection.
Amendment 39 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The evaluation mechanism should provide for a support mechanism in case a serious deficiency, which has a possible significant impact on the internal security of the Schengen area, is detected in a Member State applying the Schengen acquis in full or in part. In the event of the Member State concerned not being able, within a six-month period and with the support of Frontex experts, to remedy the deficiency, it should be possible to apply follow-up measures and sanctions.
Amendment 40 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) The sanctions may comprise a temporary reintroduction of border control at the internal borders by the other Member States of the Schengen area. A temporary reintroduction of border control at the internal borders should be the Council's decision, to be made only under exceptional circumstances, with a partial or a complete reintroduction of border control possible, and limited in duration to six months.
Amendment 46 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. AThe Commission shall adopt implementing acts with a view to establishing a multiannual evaluation programme covering a period of five years shall be established by the Commission,. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15 (2), not later than six months before the start of the next five-year period.
Amendment 63 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The first section of the programme, adopted in accordance with the procedure referred to in Article 15(2), shall list the Member States to be evaluated in the next year in accordance with the multiannual programme. This section shall list the areas to be evaluated and the on-site visits. The Commission shall adopt the first section of the programme by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 68 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. The European Data Protection Supervisor and the national supervisory authorities, each acting within the scope of their respective competences, shall be invited to participate in on-site visits concerning data protection.
Amendment 76 #
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 2
Article 13 – paragraph 5 – subparagraph 2
The Commission shall adopt implementing acts with a view to making recommendations addressing the classification of the findings referred to in paragraph 3 shall be adopted by the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15 (2).
Amendment 79 #
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
The Member State concerned shall report to the Commission on implementation of the action plan within six months of receipt of the report and shall thereafter continue to report every three months until the action plan is fully implemented. Depending on the severity of the weaknesses identified and the measures taken to remedy them, the Commission may adopt implementing acts with a view to scheduleing announced visits to verify the implementation of the action plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15 (2) to verify implementation of the action plan. The Commission may also schedule unannounced on-site visits.
Amendment 84 #
Proposal for a regulation
Article 13 b (new)
Article 13 b (new)
Article 13b Follow-up procedure Six months after the detection of a serious deficiency within the meaning of Article 13(7) the Commission shall schedule an on-site visit. If the on-site visit reveals that the serious deficiency persists, despite the support granted to the Member State under Article 13a, the Council, following a proposal from the Commission and after consulting the European Parliament, shall adopt a decision on sanctions. The Council shall act by qualified majority.
Amendment 87 #
Proposal for a regulation
Article 13 c (new)
Article 13 c (new)