18 Amendments of Tineke STRIK related to 2020/2196(INI)
Amendment 12 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to its resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights (2020/2790(RSP)),
Amendment 14 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to the European Union Agency for Fundamental Rights (FRA) Report of 8 December 2020 “Migration: fundamental rights issues at land borders”,
Amendment 37 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the very concept of Schengen cooperation, that of ensuring the absence of controls at internal borders, has been further challenged by the COVID-19 pandemic, which has been added to the grounds invoked since 2015 for the persistent retention of internal border controls by some Member States; recalls that Austria, Denmark, France, Germany, Norway and Sweden have border controls in place since 2015, introduced in the name of the “European refugee humanitarian crisis” and the fight against terrorism; reiterates its condemnation of the maintenance of internal border checks and its view that many of the prolongations are not in line with the rules pertaining to their extension, necessity or proportionality, and are therefore unlawful; calls on the Member States to immediately lift internal border controls, as they contribute to jeopardise the spirit of the Schengen Area;
Amendment 42 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out at the disproportionate interferences that internal border controls and travel restrictions might have on a wide range of human rights and fundamental freedoms, such as the rights to free movement, non-discrimination, privacy and data protection, family life and health; recalls, in this regard, the horizontal obligations stemming from article 4 of the Schengen Borders Code;
Amendment 43 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Condemns the increased use of fines and criminalisation of individuals not complying with travel restrictions as tools to address the COVID-19 pandemic; recalls that any measures to combat the pandemic and restricting fundamental rights should always be necessary, proportionate and temporary in nature, with a solid legal basis;
Amendment 70 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the Schengen evaluation reports and the vulnerability assessments continue to point to deficiencies and vulnerabilities in the protection and management of the external border; calls on the Member States to implement the recommendations addressed to them by the Council and Frontex, aimed at remedying the deficiencies and vulnerabilities;
Amendment 71 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is concerned about the impact of the existing travel restrictions on the rights of refugees and people seeking international protection; calls on the Commission and the Member States to ensure that the adoption of such measures be fully consistent with the requirements enshrined in articles 3 and 4 of the Schengen Borders Code and in the EU Charter of fundamental rights;
Amendment 78 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Expresses its deep concern about the repeated allegations concerning Frontex’s possible involvement in pushbacks and considers that internal reporting mechanisms, as well as parliamentary and public scrutiny over Frontex’s activities, must be reinforceds well as about its continuous participation in border management activities at the Hungarian border notwithstanding the recent findings of the ECJ in case C-808/18; considers that internal reporting mechanisms, as well as parliamentary and public scrutiny over Frontex’s activities, must be reinforced and effectively implemented; emphasises that Article 46 of the Regulation 2019/1896 instructs the Executive Director of Frontex to suspend, terminate or not launch activities if the conditions to conduct those activities, including compliance with fundamental rights, are violated; calls on the Executive Director to make any activity or assistance of the Agency conditional on the fulfilment of these fundamental rights obligations by Member States, which requires that Frontex ensures an effective system for signalling fundamental rights concerns and a pro-active approach in order to investigate allegations; recalls, furthermore, that rendering assistance to any person in distress at sea is a legal obligation under both EU and international law, and that search and rescue is an integral component of the European integrated border management under the EBCG Regulation;
Amendment 94 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deeply regrets the fact that there have been persistent and serious reports about violence and pushbacks at the external border, as well as the lack of adequate monitoring mechanisms to ensure respect for fundamental rights and the rule of law at the external borders; considers that the European Union Agency for Fundamental Rights (FRA) must be given an enhanced operational role and adequate additional resources with regard to the monitoring of respect for fundamental rights at the external borders; calls on the Commission to make sure that national monitoring bodies are effectively established and able to fulfil their role through sufficient resources, an adequate mandate and a high level of independence;
Amendment 96 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that respect for fundamental rights is a core element of border management and calls on the Commission and the Member States to promote and carry out effective, independent and prompt investigations on any allegations of pushbacks and ill- treatments at the borders, and to ensure that deficiencies are immediately remedied;
Amendment 100 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deeply regrets the fact that there have been delays in the implementation of the fundamental rights provisions of the new European Border and Coast Guard Regulation15 , such as the recruitment of 40 fundamental rights monitors by 5 December 2020 as stipulated in the Regulation; calls on Frontex, on the basis of Article 265 of the TFEU, to ensure the implementation of Article 110(6) of Regulation (EU) 2019/1896 within two months from the date of adoption of this resolution at the latest; stresses that all monitors recruited must be able to fulfil their tasks as foreseen in Article 110 of the EBCG Regulation, so they must be recruited at administrator level equivalent to a coordinating officer of an operation; __________________ 15 Regulation (EU) 2019/1896 of 13 November 2019.
Amendment 107 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s intention to review the SEMM; recalls the discussions on its legal basis during the negotiations on the Schengen Governance Package in 2012 and insists on being involved in the reform of the mechanism on an equal footing with the Council, eitherpreferably through the use of the ordinary legislative procedure, or using the same method as for the adoption of Council Regulation (EU) No 1053/2013 establishing the SEMM; considers that shortening the deadlines, structurally evaluating respect for fundamental rights, including asylum-related rights, involving independent experts as well as monitoring bodies at national level, bolstering the possibility to conduct genuinely unannounced visits, strengthening the scrutiny role of the European Parliament and improving transparency must be key elements of any future reform;
Amendment 112 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Shares the view expressed by the Commission in its 2020 Report on the Functioning of the SEMM that the assessment of the respect for fundamental rights in the implementation of the Schengen acquis was not sufficiently integrated in the SEMM; stresses the importance to include such assessment across all Schengen policy fields and to make it a yardstick to evaluate Member States’ compliance with the different aspects of the Schengen acquis;
Amendment 127 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that another visit to Croatia should take place to further assess the protection of the external border, further to the visits of 2016, 2017 and the renewed visit of 2019; calls on Croatia to continue to implement ongoing actions and remedy any deficiencies identified, especially as regards staffing levels and land border surveillance capacity; insists that the forthcoming visit must also assess respect for fundamental rights and the reports about violence and pushbackto the visits of 2016, 2017 and the renewed visit of 2019, to assess the compliance of border management operations with fundamental rights, in view of the reports about violence and pushbacks at the external border; calls on Croatia to continue to implement ongoing actions and remedy any deficiencies identified, especially as regards staffing levels and land border surveillance capacity; calls on the Commission to fully monitor and ensure the respect of fundamental rights at the Croatian’s external border and promptly investigate any possible human rights violation, while launching infringement procedures where appropriate; calls on the Commission to revise its Communication on the verification of the full application of the Schengen acquis by Croatia of the 22nd of October 2019, in which the Commission considers that Croatia has taken the measures needed to ensure that the necessary conditions for the application of all relevant parts of the Schengen acquis are met, until Croatia fulfils its obligations in the field of fundamental rights;
Amendment 137 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes the progress made in the development of the new large-scale IT systems and interoperability among them; calls on the Member States, the Commission and the agencies involved to uphold the envisaged timetable for implementation and to make ad; recalls that the implementation of those systems might affect several fundamental rights, among which the ringht to this timetable a politicalprivacy and data protection and the principle of non- discrimination, and should proceed hand in hand with the establishment of appropriate safeguards as a matter of priority;
Amendment 139 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Is concerned, however, about the broad expansion of the scope of the new large-scale IT systems and of the interoperability among them in the fields of border and visa, police and judicial cooperation, asylum and migration which entails the serious risk of interferences with the fundamental rights framework enshrined in the EU primary and secondary legislation as well as of infringement of the principles of purpose limitation and proportionality;
Amendment 151 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the Commission and the Council have seriously neglected their obligations following the detection of serious deficiencies in the UK’s use of the Schengen Information System during the 2017 evaluation; reminds all actors of its request to immediately disconnect the UK, as expressed in the letters to the Commission and to the Council Presidency of 15 June 2020; recalls its position that ‘as a third country, the UK cannot have access to SIS’calls for close monitoring of the continued security cooperation between the EU and the UK during the foreseen six month extension granted by the Commission for data transfers; reminds all actors of its request to immediately disconnect the UK, as expressed in the letters to the Commission and to the Council Presidency of 15 June 2020; urges the Commission to take this track record of deficiencies into account during the ongoing adequacy decision assessment; recalls its position that ‘as a third country, the UK cannot have access to SIS’; takes note of the EU-UK Trade Cooperation Agreement which provides for the UK to lose access to SIS;
Amendment 170 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the Schengen Borders Code, in particular as regards rules on internal border controls, is no longer fit for purpose and requires an urgent and meaningful reform in order to strengthen mutual trust and solidarity, and to safeguard the integrity and full restoration of the Schengen area; stresses that the reintroduction of internal border controls should only ever be a measure of last resort, for a limited period of time, and to the extent that the controls are necessary and proportionate to the identified serious threat, paying particular attention to their impact on the right to freedom of movement and the principle of non- discrimination, while maintaining a distinction between different legal bases; considers that on each occasion that border controls are prolonged by a Member State, additional safeguards and oversight mechanisms should apply and that, in all circumstances, such measures should be withdrawn as soon as the underlying grounds for them cease to exist;