30 Amendments of Roberta ANGELILLI related to 2013/0106(COD)
Amendment 31 #
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to its resolution of 23 October 2013 on organised crime, corruption, and money laundering: recommendations on action and initiatives to be taken1a, with particular reference to the fight against human trafficking and death traffickers, ____________ 1a Texts adopted, P7_TA(2013)0444.
Amendment 42 #
Proposal for a regulation
Recital 3
Recital 3
(3) The establishment of the European Border Surveillance System (EUROSUR) established by Regulation (EU) No […/…] of the European Parliament and of the Council of […] should strengthen the information exchange and operational cooperation between Member States and with the Agency. This ensures that the situational awareness and reaction capability of Member States improves considerably, also with the support of the Agency, for the purposes of detecting and preventing irregular migration, for combating human trafficking by cross- border crimeinal organisations and for contributing to protect and save the lives of migrants at their external borders. When coordinating border surveillance operations, the Agency should provide Member States with information and analysis concerning these operations.
Amendment 52 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Agreements on the integrated management of migration flows between the European Union and the countries of origin and transit of migrants should be complementary to the surveillance of external borders and help to increase the protection of fundamental rights.
Amendment 66 #
Proposal for a regulation
Recital 9
Recital 9
(9) Pursuant to Regulation (EC) No 2007/2004, border surveillance operations coordinated by the Agency are conducted in accordance with an operational plan. Accordingly, as regards sea operations, the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place, including references to international and Union law, regarding interception, rescue at sea and disembarkation. In turn, this Regulation governs the issues of interception, rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the Agency in accordance with international law and fundamental rights.
Amendment 69 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) This Regulation respects international law and, in particular, international Conventions governing search and rescue and relevant bilateral agreements which comply with international law.
Amendment 70 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) This Regulation does not rule out the possibility of determining the details of joint operations at sea in specific operational plans, taking into account the specific requirements and characteristics of the context in which the Member States are operating.
Amendment 89 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before deciding on disembarkation in a third country, the participating units shall take into account the general situation in that third country and ithe existence of bilateral agreements and projects on migration and asylum, carried out in accordance with Union law and through Union funds. Intercepted or rescued persons shall not be disembarked in that third country when the host Member State or the participating Member States are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1.
Amendment 98 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In case of disembarkation in a third country, the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation. Theyunless provided for in Article 3 and Article 4(1) and (2), the participating units shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement.
Amendment 111 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon detection, the participating units shall approach a ship suspected of crossing or intending to cross the border in an irregular manner to observe its identity and nationality and, pending further measures, it shall be surveyed at a prudent distance. The participating units shall communicate information about the ship immediately to the International Coordination Centre. It shall transmit the information to the National Coordination Centre of the host Member State.
Amendment 112 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the ship is about to enter or it has entered the territorial sea or, where formally proclaimed, the contiguous zone, of a Member State that is not participating in the sea operation, the participating units shall communicate information about the ship to the International Coordination Centre, which shall convey this information to the National Coordination Centre of the Member State concerned.
Amendment 115 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. In cases where transnational human trafficking can be deduced, the International Coordination Centre shall communicate information about any suspicious ships to the judicial and police authorities of the Member State or States concerned, which shall assess whether or not to activate joint investigation teams, where appropriate in agreement with Europol and Eurojust, in order to prevent, detect and punish such offences.
Amendment 116 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. In the territorial sea of the host Member State or a participating Member State, the participating units shall take one or more of the following measures when there are reasonable grounds to suspect that a ship is carrying persons intending to circumvent checks at border crossing points or is engaged in the smuggling of migrants by sea:communicate the information about the intercepted ship to the International Coordination Centre. It shall immediately inform the National Coordination Centre of the competent territorial Member State that takes all the necessary measures according to national law.
Amendment 119 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 121 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 122 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 124 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 127 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 129 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 133 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 135 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 137 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 148 #
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) ordering the ship to modify its course outside of or towards a destination other than the territorial sea or, where formally proclaimed, the contiguous zone, including escorting the vessel or steaming nearby until the ship is heading on such course;
Amendment 159 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In the formally proclaimed zone contiguous to the territorial sea of a Member State, which is a host Member State or a participating Member State, the measures laid down in Article 6(1) shall be taken in accordance with Article 6(2).
Amendment 165 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. During a sea operation, according to international law on search and rescue, participating units shall render assistance to any ship or person in distress at sea. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.
Amendment 168 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. When facing, in the course of a sea operation, a situation of uncertainty, alert or distress as regards a ship or any person on board, the participating unit shall forward as soon as possible all available information to the Rescue Coordination Centre responsible for the search and rescue region in which the situation occurs. and to the International Coordination Centre. It shall transmit the information to the National Coordination Centre of the Member State responsible for the region.
Amendment 177 #
Proposal for a regulation
Article 9 – paragraph 6 – point i a (new)
Article 9 – paragraph 6 – point i a (new)
(ia) the presence of persons with disabilities;
Amendment 201 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The participating units shall inform the International Coordination Centre of the presence of any persons within the meaning of Article 4(1), and the International Coordination Centre shall convey that information to the competent national authoritiesNational Coordination Centre. On the basis of that information, the operational plan should determine which follow-up measures may be taken.
Amendment 204 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Specialised branches Pursuant to Article 16 of Regulation (EU) No 2004/2007, the Agency shall evaluate the need to set up specialised branches, for all aspects relating to the surveillance of maritime borders, as operational offices in areas subject to significant migration flows, including illegal migration and in particular in the Mediterranean, to improve coordination between Member States and ensure solidarity and responsible burden-sharing between them, thereby strengthening the operational capacity of the Agency.
Amendment 205 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 207 #
Proposal for a regulation
Article 10 b (new)
Article 10 b (new)
Article 10b Report 1. The Agency shall submit a report to the European Parliament, the Council and the Commission on the implementation of this Regulation by xxx (two years after entry into force) and every two years thereafter. 2. The report shall include a description of the procedures put in place by the Agency to implement this Regulation during sea operations and an assessment of the practical application of this Regulation, including any incidents which may have taken place, and of the compliance with and impact on fundamental rights. 3. The Commission, taking account of this report, during the preparation and presentation of the Agency’s annual budget, shall ensure that the available resources are used efficiently, through a fair balance between administrative expenditure and operational expenditure.