40 Amendments of Carlos COELHO related to 2018/0249(COD)
Amendment 126 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Actions funded under this Instrument should be implemented in full compliance with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the principle of fair treatment of third- country nationals, the right to asylum and international protection, the principle of non-refoulement and the international obligations of the Union and Member States arising from international instruments to which they are signatory such as the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967. Special attention should also be given to the identification, immediate assistance and referral to protection services of vulnerable persons, in particular children and unaccompanied minors.
Amendment 138 #
Proposal for a regulation
Recital 11
Recital 11
(11) As customs authorities of the Member States have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border, ensuring uit is important to foster inter-agency cooperation, including information sharing through existing information exchange tools, as a component of the European integrated border management approach, as referred to in Article 4(e) of Regulation (EU)2016/16241a. Uniformity in carrying out border control and customs control at the external borders needs to be addressensured by providing adequate Union financial support to the Member States. This will not only strengthen customs controls but also facilitate legitimate trade, contributing to a secure, effective and efficient customs union.
Amendment 163 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) When implementing actions funded under the Instrument which are related to maritime border surveillance, Member States shall pay special attention to their obligations under international maritime law to render assistance to persons in distress. In that regard, equipment and systems supported under the Instrument shall be used to address search and rescue situations which may arise during a border surveillance operation at sea, thereby contributing to ensuring the protection and saving the lives of migrants.
Amendment 169 #
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) The Commission should pay particular attention to the evaluation of actions and programmes related to third countries.
Amendment 172 #
Proposal for a regulation
Recital 37
Recital 37
(37) The instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this Regulation. The implementation of the instrument should be guided by the principles of efficiency, effectiveness and quality of spending. Furthermore, the implementation of the instrument should be as user-friendly as possible.
Amendment 183 #
Proposal for a regulation
Recital 49
Recital 49
(49) For the purpose of implementation of actions under shared management, the instrument should form part of a coherent framework consisting of this Regulation, the Financial Regulation and Regulation (EU) No …/… [CPR]. In the event of conflicting provisions, this Regulation should take precedence over Regulation (EU) No.../... [CPR].
Amendment 184 #
Proposal for a regulation
Recital 52
Recital 52
(52) In accordance with Regulation (EU) No …/… [new Financial Regulation]41 , Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council42 , Council Regulation (Euratom, EC) No 2988/9543 , Council Regulation (Euratom, EC) No 2185/9644 and Council Regulation (EU) 2017/193945 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council46 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. The results of investigations into irregularities or fraud in relation to the instrument should be made available to the European Parliament. _________________ 41 OJ C […], […], p. […]. 42 Regulation (EU, Euratom ) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248 18.9.2013, p. 1). 43 Council Regulation (Euratom, EC) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p. 1). 44 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 45 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 46 Directive (EU) 2017/1939 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 185 #
Proposal for a regulation
Recital 55
Recital 55
(55) Pursuant to Article 349 of the TFEU and in line with the Commission Communication A stronger and renewed strategic partnership with the EU's outermost regions, endorsed by the Council in its conclusion of 12 April 2018, the relevant Member States should ensure that their national programmes address emerging threats the outermost regions are confronted with, such as border surveillance, disproportionate influx of people or the deployment of European Information Systems. The instrument supports these Member States with adequate resources to help the outermost regions as appropriatein light of such specificities.
Amendment 186 #
Proposal for a regulation
Recital 56
Recital 56
(56) Pursuant to paragraph 22 and 23 of the Interinstitutional Agreement for Better Law-Making of 13 April 201648 , there is a need to evaluate this instrument on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurablqualitative and quantitive indicators, as a basis for evaluating the effects of the instrument on the ground. In order to measure the achievements of the instrument, indicators and related targets should be established in relation to each specific objective of the instrument. _________________ 48 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
Amendment 187 #
Proposal for a regulation
Recital 58
Recital 58
(58) Through the indicators and financiale Commission should present a summary of the accepted annual performance reporting,s to the Commission and the Member States should monitor the implementation of the instrument, in accEuropean Parliament and the Council every year. Upon request, the Commission should make the full text of the annual perfordmance with the relevant provisions of Regulation (EU) No …/… [CPR] and this Regulationreports available to the European Parliament and the Council.
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the instrument for financial support for border management and visa (‘the instrument’) as part of the Integrated Border Management Fund (‘the Fund’) for the period from 1 January 2021 to 31 December 2027.
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. ItThis Regulation lays down the objectives of the instrument, the specific objectives and measures to implement those specific objectives, the budget for the period 2021- 2027, the forms of Union funding and the rules for providing such funding .
Amendment 205 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Within the objectives referred to in Article 3 and in In-line with the implementation measures listed in Annex II, the instrument shall in particular supportsupport actions that contribute to the achievement of the objectives referred to in Article 3. They may include the actions listed in Annex III.
Amendment 208 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. To achieve the objectives referred to in article 3 of this Regulation, the instrument may support actions in line with Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5.
Amendment 221 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Support provided under this Regulation shall complement national, regional and local interventions, and shall focus on bringing Union added value to the objectives of this Regulation.
Amendment 229 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II or support measures in accordance with article 20.
Amendment 233 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Commission shall adopt financing decisions as referred to in Article 110 of the Financial Regulation for the thematic facility, identifying the objectives and the actions to be supported and specifying the amounts for each of its components, as referred to in paragraph 1. Financing decisions shall set out, where applicable, the overall amount reserved for blending operations. To ensure a timely availability of resources, the Commission may separately adopt a work programme for emergency assistance
Amendment 243 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Each Member State and the Commission shall ensure that the priorities addressed in itsthe national programme are consistent with and respond to the Union priorities and challenges in the area of border management and visa, and that they are fully in line with the relevant Union acquis and agreed Union priorities. In defining the priorities of their programmes, Member States shall ensure that the implementing measures as set out in Annex II are adequately addressed.
Amendment 251 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 5 and the progress in achieving the milestones and targets as assessed in the annual performance reports as referred to in Article 27(2)(a). Depending on the impact of the adjustment, the revised programme mayshall be approved by the Commission in line with the procedure set out in Article 19 of Regulation (EU) No.../... [CPR].
Amendment 260 #
Proposal for a regulation
Article 12 – paragraph 12 – introductory part
Article 12 – paragraph 12 – introductory part
12. As regards operating equipment, including means of transport, and communication systems required for effective and secure border control and Search and Rescue purchased with the support of this instrument, the following shall apply:
Amendment 264 #
Proposal for a regulation
Article 12 – paragraph 15
Article 12 – paragraph 15
15. Programming as referred to inIn accordance with Article 17(5) of Regulation (EU) No …/…X [CPR] shall be based on, each programme shall set out for each specific objective the types of intervention set out inin accordance with Table 1 of Annex VI and an indicative breakdown of the programmed resources by type of intervention or area of support.
Amendment 270 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. If at least 107 % of the initial allocation of a programme referred to in Article 10(1)(a) has not been covered by interim payment applications submitted in accordance with Article 85 of Regulation (EU) No …/… [CPR], the Member State concerned shall not be eligible to receive the additional allocation for its programme referred to in paragraph 1.
Amendment 271 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Paragraph 2 is applicable only if the relevant regulatory framework and related acts are in force when on the 1st of January 2022.
Amendment 272 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The allocation of the funds from the thematic facility as from 2025 shall, where appropriate, take into account the progress made in achieving the milestones of the performance framework as referred to in Article 12 of Regulation (EU) No …/… [CPR] and identified implementation shortcomings.
Amendment 276 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States using operating support shall comply with the Union acquis on borders and visas.
Amendment 278 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Without prejudice to Article 4(3)(c), operating support shall be concentrated on specific tasks and serviceactions as laid down in Annex VII.
Amendment 280 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The instrumentFund may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission. Those measures, namely, preparatory, monitoring, control, audit, evaluation and all administrative and technical assistance actions necessary for the implementation of this Regulation and, where appropriate with third countries, may be financed at the rate of 100%.
Amendment 282 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promotinge the actions and their results, by providing coherent, effective and proportionate targeted information to multiple relevant audiences, including the media and the public. To ensure the visibility of Union funding, recipients of Union funding shall make reference to its origin when communicating on the action.
Amendment 284 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall implement information and communication actions relating to the implementation of this instrument, its actions and results. In particular, the European Commission shall publish information concerning the implementation of the annual and multiannual programmes of the Thematic Facility. The European Commission shall also publish the list of operations, projects and contracts selected for support on their website in at least one of the official languages of the Union and shall update that list at least every three months. Financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the Union, as far as they are related to the objectives of this Regulation. In particular, the European Commission may promote best practices and exchange information as regards to the implementation of the fund.
Amendment 291 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole Schengen area, or any other situation of urgent and exceptional pressure within the scope of this Regulation that requires immediate action. The Commission shall inform the European Parliament and the Council in a timely manner
Amendment 300 #
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. Where necessary for the implementation of the action, emergency assistance may cover expenditure which was incurred prior to the date of submission of the grant application or the request for assistance, but not prior to 1 January 2021.
Amendment 303 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. AcOperations awarded a seal of Excellence certification, or which comply with the following cumulative comparable conditions:
Amendment 309 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. TBy the end of 2024, the Commission shall carry oupresent a mid-term and a retrospective evaluation of this Regulation, includ. The mid- term evaluation shall examinge the actions implemented undereffectiveness, efficiency, relevance and coherence of thise instrument. More specifically, it shall include an assessment of:
Amendment 310 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 (new)
Article 26 – paragraph 1 – subparagraph 1 (new)
(a) the progress towards the achievement of the objectives of this Regulation, taking into account all relevant information already available, in particular the annual performance reports referred to in article 27 and the output and result indicators set out in Annex VIII to this Regulation.
Amendment 311 #
Proposal for a regulation
Article 26 – paragraph 1 – point 1 (new)
Article 26 – paragraph 1 – point 1 (new)
(1) (b) the EU added value of actions implemented under this Fund.
Amendment 312 #
Proposal for a regulation
Article 26 – paragraph 1 – point 2 (new)
Article 26 – paragraph 1 – point 2 (new)
(2) (c) the appropriateness of the implementation measures set out in Annex II to address existing and emerging security challenges.
Amendment 313 #
Proposal for a regulation
Article 26 – paragraph 1 – point 3 (new)
Article 26 – paragraph 1 – point 3 (new)
(3) The use of the instrument to address shortcomings identified by the Schengen Evaluation Mechanism and the Vulnerabilities assessment
Amendment 322 #
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(fa) any project implemented in or in relation to third countries.
Amendment 323 #
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. The Commission shall submit a summary of the annual performance reports to the European Parliament and the Council on an annual basis. The full text of the annual performance reports shall be made available to the European Parliament and the Council upon request.
Amendment 358 #
Proposal for a regulation
Annex II – point 1 – point e a (new)
Annex II – point 1 – point e a (new)
(ea) increasing the capacities of render assistance to person in distress, including search and rescue operations.