Activities of Hélène FLAUTRE related to 2010/0039(COD)
Plenary speeches (1)
European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) PDF (548 KB) DOC (552 KB)
Amendments (50)
Amendment 73 #
Proposal for a regulation – amending act
Recital 1
Recital 1
(1) The development of a forward-looking and comprehensive European migration policy, based on human rights, solidarity and responsibility, remains a key policy objective for the European Union.
Amendment 77 #
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) In 2004 the Council adopted Regulation (EC) No 2007/2004 establishing the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) hereinafter referred to as the "Agency" which became operational in May 2005. The tasks of the Agency are defined in Chapter II, Article 2, of Regulation (EC) No 2007/2004.
Amendment 80 #
Proposal for a regulation – amending act
Recital 7
Recital 7
(7) Efficient management of the external borders through checks and surveillance contributes to combat illegalrregular immigration and trafficking in human beings and to reduce the threatchallenges to the internal security, public policy, public health and international relations of the Member States.
Amendment 87 #
Proposal for a regulation – amending act
Recital 17
Recital 17
(17) The incident reporting scheme shall be used by the Agency to transmit, to the relevant national and EU public authorities and the Management Board, any information concerning credible allegations of breaches of, in particular, Regulation (EC) No 2007/2004 or the Schengen Borders Code, including fundamental rights, during joint operations and pilot projects.
Amendment 91 #
Proposal for a regulation – amending act
Recital 19
Recital 19
(19) The Agency should provide training, including on fundamental rights, at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third-country nationals illegalrregularly present in the Member States for officers of the competent national services. The Agency may organise training activities in cooperation with Member States on their territory. Member States should integrate the results of the Agency's work in this perspective in the national training programs of their border guards.
Amendment 92 #
Proposal for a regulation – amending act
Recital 20
Recital 20
(20) The Agency should monitor and contribute tofollow the developments in scientific research relevant for its field and disseminate this information to the Commission and the Member States.
Amendment 93 #
Proposal for a regulation – amending act
Recital 21
Recital 21
Amendment 96 #
Proposal for a regulation – amending act
Recital 22
Recital 22
(22) For the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks, the Agency may cooperate with Europol, the European Asylum Support Office, the Fundamental Rights Agency and other European Union Agencies and bodies, the competent authorities of third countries and the international organisations competent in matters covered by Regulation (EC) No 2007/2004 in the framework of working arrangements concluded in accordance with the relevant provisions of the Treaty. The Agency should facilitate the operational cooperation between Member States and third countries in the framework of the external relations policy of the European Union. The Agency should not duplicate the work of Europol or other agencies nor should it take over tasks from Europol or other agencies.
Amendment 99 #
Proposal for a regulation – amending act
Recital 27
Recital 27
(27) When ensuring the operational management of IT systems, the Agency should follow European and international standards, including on data protection, taking into account the highest professional requirements.
Amendment 100 #
Proposal for a regulation – amending act
Recital 28 a (new)
Recital 28 a (new)
(28a) The European Data Protection Supervisor concluded in his opinion in case 2009-0281 that Article 9, concerning return policy, of Regulation (EC) No 2007/2004 was not clear enough to serve as a long-term legal basis and therefore a legal basis for data processing would need to be established, and that FRONTEX should implement necessary procedures to guarantee the rights of data subjects.
Amendment 103 #
Proposal for a regulation – amending act
Article 1 - point 1
Article 1 - point 1
Regulation (EC) No 2007/2004
Article 1 – paragraph 2
Article 1 – paragraph 2
2. While considering that the responsibility for the control and surveillance of external borders lies with the Member States, jointly with the Agency, as a body of the Union as defined in Article 15 and in accordance with Article 19 of this Regulation, the Agency shall facilitate and render more effective the application of existing and future European Union measures relating to the management of external borders, in particular the Schengen Borders Code, and in accordance with relevant Union law, International law, obligations related to access to international protection, and fundamental rights. It shall do so by ensuring the coordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the Member States. The Agency shall fulfil its tasks in full respect for relevant Union law, including the Charter of Fundamental Rights of the European Union and Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union1; international law, including the Geneva Convention Relating to the Status of Refugees of 28 July 1951, obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights. __________ 1 OJ L 111, 4.5.2010, p. 20.
Amendment 111 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point i
Article 1 – point 3 – point a – point i
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) carry out risk analyses as defined in Article 4, including the evaluation of the capacity of Member States to face threats and pressurmanage control and surveillance at the external borders;
Amendment 113 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point i
Article 1 – point 3 – point a – point i
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) participate infollow the development of research relevant for the control and surveillance of external borders;
Amendment 115 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point ii
Article 1 – point 3 – point a – point ii
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
Amendment 118 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point iii
Article 1 – point 3 – point a – point iii
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) develop and operate information systems that enable swift and reliable exchanges of information regarding emerging riskchallenges at the external borders, including the Information and Coordination Network established by Council Decision 2005/267/EC, without prejudice to the fact that the Agency shall not process personal data;
Amendment 123 #
Proposal for a regulation – amending act
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
All border guards and other personnel of the Member States, as well as the staff of the Agency, including liaison officers deployed pursuant to Article 14(2) to third countries, shall, prior to their participation in operational activities organised by the Agency or their deployment to third countries, have received training in relevant EU and international law, including fundamental rights and access to international protection.
Amendment 130 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 1 – subparagraph 4
Article 3 – paragraph 1 – subparagraph 4
Joint operations and pilot projects should be preceded by a thorough risk analysis as defined in Article 4.
Amendment 132 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 1 – subparagraph 5
Article 3 – paragraph 1 – subparagraph 5
The Agency may also terminate joint operations and pilot projects if the conditions to conduct these initiatives are no longer fulfilled and/or if violations of fundamental rights and international protection obligations have occurred.
Amendment 137 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Agency shall constitute a pool of border guards called Frontex Joint Support Teams in accordance with the provisions of Article 3b, for possible deployment during joint operations and pilot projects referred to in paragraph 1. It shall decide on the deployment of human resources and technical equipment in accordance with Articles 3a and 7. A pool of independent experts specialised in the rights of aliens and international protection shall be created in order to reinforce the Agency's capacity to identify and refer persons in need of international protection to the competent national asylum authorities in the context of operations coordinated by the Agency. UNHCR, as well as non- governmental organisations with relevant expertise, shall be invited to join the operations both in advisory and in observer capacities. Such a permanent pool should work in close cooperation with relevant national asylum services and should participate on a systematic basis in joint operations and pilot projects.
Amendment 139 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Agency shall develop a Code of Conduct to apply to all Agency's staff, pooled border guards and other personnel participating in Agency's activities with a special focus on interpreters, including joint operations, Rapid Border Intervention Team deployments and pilot projects, describing the conduct expected of them in the performance of their duties in full compliance with fundamental rights, including the right to asylum. In this respect, any operation may be subject to spot-checks by an effective monitoring system.
Amendment 142 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Agency shall evaluate the results of the joint operations, Rapid Border Intervention Team deployments and pilot projects and transmit the detailed evaluation reports within 60 days following the end of the activity to the Management Board. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and efficiency of future operations and projects to be included in its general report provided for in Article 20(2)(b). The evaluation reports shall cover the compliance with fundamental rights of the joint operations and pilot projects, taking into consideration the results of the monitoring carried out by independent observers. Those reports shall be made available to the European Parliament on request.
Amendment 147 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3 a (new) – paragraph 1 – subparagraph 2 – point a
Article 3 a (new) – paragraph 1 – subparagraph 2 – point a
(a) a description of the situation, with modus operandi and objectives of the deployment, including the operational aim, as well as guidelines for the protection of fundamental rights;
Amendment 149 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3a (new) – paragraph 1 – subparagraph 2 – point h
Article 3a (new) – paragraph 1 – subparagraph 2 – point h
(h) an immediate incident reporting mechanism, including on violations of fundamental rights and international protection during joint operations, Rapid Border Intervention Team deployments and pilot projects, which shall be transmitted by the Agency to the relevant national and EU public authorities and to the Management Board, and a reporting and evaluation scheme containing detailed provisions on incident reporting, benchmarks for the evaluation report and final date of submission of the final evaluation report in accordance with Article 3(4).
Amendment 151 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3a (new) – paragraph 1 – subparagraph 2 – point i
Article 3a (new) – paragraph 1 – subparagraph 2 – point i
(i) regarding sea operations, specific requirements regarding the applicable jurisdiction and maritime law provisions concerning the geographical area where the joint operation takes place. In particular, those requirements shall, in accordance with Article 1, specify the place of disembarkation, as well as detailed measures regarding the provision of food, shelter, medical care and access to asylum and non-refoulement. They shall allow individuals to explain their circumstances during a personal interview and facilitate access to the asylum procedure through interpretation and legal advice if individuals wish to apply for asylum.
Amendment 157 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3a (new) – paragraph 1 – subparagraph 2 – point i a (new)
Article 3a (new) – paragraph 1 – subparagraph 2 – point i a (new)
(ia) specific measures as needed to ensure compliance with fundamental rights and international protection, based on a previous human rights impact assessment.
Amendment 160 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3b (new) – paragraph 4
Article 3b (new) – paragraph 4
4. Members of the Frontex Joint Support Teams shall, in thWhile performance ofing their tasks and in the exercise ofing their powers, fully respect fundamental rights and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, members of the teamsmembers of the Frontex Joint Support Teams shall fully respect international human rights and humanitarian law, and shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 172 #
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 2007/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
It shall prepare both general and tailored risk analyses, including on the risks of human rights violations, to be submitted to the Council and, the Commission and on request, to the European Parliament. For these purposes Member States shall provide the Agency with all necessary information regarding the situation and possible threatchallenges at the external borders as well as the human rights situation in the border regions.
Amendment 176 #
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 2007/2004
Article 5 – paragraph 1
Article 5 – paragraph 1
The Agency shall establish and further develop common core curricula for border guards' training and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights and access to international protection. The European Parliament shall have full access to the contents of the common core curricula. Member States shall integrate the common core curricula in the training of their national border guards. In developing, implementing and evaluating the common core curricula, the Agency shall work closely with the Fundamental Rights Agency, as well as with UNHCR and non-governmental organisations with relevant expertise.
Amendment 189 #
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 2007/2004
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Agency shall report on the composition and the deployment of equipment, which is part of the technical equipment pool, to the Management Board on a monthly basis. In case the minimum number of equipment referred to in paragraph 5 is not reached, the Executive Director shall inform the Management Board without delay. The Management Board shall take a decision on the prioritisation of the deployment of the technical equipment urgently and take the appropriate steps to remedy the identified shortcomings. It shall inform the Commission of the identified shortcomings and the steps taken. The Commission mayshall subsequently inform the European Parliament and the Council, together with its own assessment.
Amendment 192 #
Proposal for a regulation – amending act
Article 1 – point 10 – point -a (new)
Article 1 – point 10 – point -a (new)
Regulation (EC) No 2007/2004
Article 8 e – paragraph 1 – point a
Article 8 e – paragraph 1 – point a
(-a) point a is replaced by the following: "(a) description of the situation, with modus operandi and objectives of the deployment, including the operational aim, as well as guidelines for the protection of fundamental rights;"
Amendment 196 #
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Subject to the return policy of the Union, and in particular Directive 2008/115/EC, the Agency shall provide the necessary assistance, and upon request of the participating Member States ensure the coordination for organising joint return operations of Member States. The Agency may decide to finance or co-finance the operations and projects referred to in this paragraph, with grants from its budget in accordance with the financial rules applicable to the Agency. The Agency may also use Union financial means available in the field of return. The Agency shall ensure that in its grant agreements with Member States any financial support is conditional upon the full respect of the Charter of Fundamental Rights.
Amendment 199 #
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Agency shall develop a Code of Conduct for the return of illegally present third-country nationals by air which shall apply during all joint return operations coordinated by the Agency, describing common standardized procedures which should simplify the organisation of joint return flights and assure return in a humane manner and in full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, right to liberty and security, the rights to the protection of personal data and non discrimination. The Code of Conduct shall allow for the suspension of a return where there are reasons to believe that the return would lead to a violation of fundamental rights. In the event of a breach of international and/or Union law, the return shall be suspended.
Amendment 201 #
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Code of Conduct will in particular pay attention to the obligation set out in Article 8(6) of Directive 2008/115/EC to provide for an effective forced-return monitoring system. The monitoring of joint return operations should be carried out independently and should cover the whole joint return operation from the pre- departure phase until the hand-over of the returnees in the country of returna follow up of the situation of the returnee has been conducted in the country of return, especially with regard to how they were received at the arrival point, how they were treated by the third-country authorities and whether they were arrested. Personnel in charge of monitoring shall have access to all relevant facilities, including detention centres and aircraft, and receive the necessary training to perform their duties. Furthermore, observations of the monitor, which shall cover the compliance with the Code of Conduct and in particular fundamental rights, shall be made available to the Commission and form part of the internal Final Return Operation Report. In order to ensure transparency and a coherent evaluation of the forced-return operations, reports of the monitor shall be included in an annual reporting mechanism.
Amendment 202 #
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The Agency shall ensure the respect of all data protection rights of returnees, including the right to be informed on request at all stages of the data that is held by the Agency or the Member States about the returnees, in accordance with Regulation (EC) No 45/2001.
Amendment 203 #
Proposal for a regulation – amending act
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 2007/2004
Article 10 – paragraph 2
Article 10 – paragraph 2
2. While performing their tasks and exercising their powers guest officers shall comply with international law, Union law, in accordance with fundamental rights, and the national law of the host Member State.
Amendment 205 #
Proposal for a regulation – amending act
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
Regulation (EC) No 2007/2004
Article 10 – paragraph 3
Article 10 – paragraph 3
(13a) In Article 10, paragraph 3 is replaced by the following: "3. Guest officers may only perform tasks and exercise powers under instructions from and, as a general rule, in the presence of border guards of the host Member State. Guest officers shall immediately inform the border guards of the host Member States about any person seeking international protection."
Amendment 207 #
Proposal for a regulation – amending act
Article 1 – point 13 c (new)
Article 1 – point 13 c (new)
Regulation (EC) No 2007/2004
Article 10 – paragraph 6
Article 10 – paragraph 6
(13c) In Article 10 paragraph 6 is replaced by the following: "6. By way of derogation from paragraph 2, while performing their tasks and exercising their powers, guest officers shall be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State, and with the principles of necessity and proportionality."
Amendment 208 #
Proposal for a regulation – amending act
Article 1 – point 13 d (new)
Article 1 – point 13 d (new)
Regulation (EC) No 2007/2004
Article 10 – paragraph 7
Article 10 – paragraph 7
(13d) In Article 10 paragraph 7 is replaced by the following: "7. By way of derogation from paragraph 6, service weapons, ammunition and equipment may be used in legitimate self-defence and in legitimate defence of guest officers or of other persons, in accordance with the national law of the host Member State and with the principles of necessity and proportionality."
Amendment 216 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 13
Article 13
The Agency may cooperate with Europol, the European Asylum Support Office, the Fundamental Rights Agency, other European Union agencies and bodies, and the international organisations competent in matters covered by this Regulation in the framework of working arrangements concluded with those bodies, in accordance with the relevant provisions of the Treaty and the provisions on the competence of those bodies. The European Parliament shall be informed, in accordance with Article 218 of the Treaty on the Functioning of the European Union, of any such arrangements concluded by the Agency. The Agency may also invite representatives of third countries, other European Union agencies and bodies or international organisations to participate in its activities as referred to in Articles 3, 4 and 5. Such representatives shall receive appropriate training from the Agency prior to their participation, in particular in relation to fundamental rights.
Amendment 219 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 1
Article 14 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate the operational cooperation between Member States and third countries, in the framework of the European Union external relations policy, including with regard to human rights. For that reason, no operation may take place under the jurisdiction of any third country.
Amendment 222 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Agency may deploy liaison officers, which should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of Member States' liaison officers set up pursuant to Council Regulation No 377/2004. Liaison officers shall only be deployed to third countries in which border management practices respect minimum human rights standardfully respect fundamental rights and international protection obligations, including in border management practices. Priority for deployment should be given to those third countries, which on the basis of risk analysis constitute a country of origin or transit regarding illegal migration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries also, for a limited period of time. The Management Board shall adopt, on a proposal of the Executive Director, the list of priorities on a yearly basis in accordance with the provisions of Article 24.
Amendment 227 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The tasks of the liaison officers shall include, in compliance with European Union law and in accordance with fundamental rights, with special regard to the right of everyone to leave a country, including his or her own, and international protection obligations, with special regard to respect for the principle of non-refoulement, the establishment and maintaining of contacts with the competent authorities of the third country to which they are assigned to with a view to contribute to the prevention of and fight against illegalrregular immigration and the return of illegal migrants.
Amendment 231 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the Union's external relations policy, except the funds for development cooperation, including the European Neighbourhood Policy and instruments for Stability. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation. The Agency may also invite representatives of third countries, other European Union agencies and bodies or intshall ensure that assistance to opernational organisations to participate in its activities referred to in Articles 3, 4 and 5. Ts within the framework of these projects is not provided to third countries where thesre arep resentatives shall receive the appropriate training from the Agency prior to their participationasons to believe that such operations could lead to violations of fundamental rights.
Amendment 235 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 5
Article 14 – paragraph 5
5. When concluding bilateral agreements with third countries as referred to in Article 2 (2) Member States shall, where appropriate, include provisions concerning the role and competencies of the Agency, in particular regarding the exercise of executive powers by members of the teams deployed by the Agency during the activities referred to in Article 3. The text of these bilateral agreements shall be transmitted to the European Parliament and the Commission, in accordance with Article 218 of the Treaty on the Functioning of the European Union.
Amendment 237 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation in the framework of working arrangements concluded with these authorities, in accordance with the relevant provisions of the Treaty., and in particular of the Charter of Fundamental Rights of the European Union and international law, with special regard to compliance with the non-refoulement principle. Those arrangements shall guarantee compliance with international human rights and humanitarian law by third countries. A human rights assessment, including of the right to seek asylum, shall be carried out prior to the conclusion of such working arrangements and shall be reported to the European Parliament and the Commission
Amendment 242 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The activities referred to in paragraphs 2 and 6 shall be subject to receiving a prior favourable opinion of the Commission. The European Parliament shall be informed in accordance with Article 218 of the Treaty on the Functioning of the European Union at all stages of any working arrangements that the Agency concludes with the authorities of third countries.
Amendment 244 #
Proposal for a regulation – amending act
Article 1 – point 16 a (new)
Article 1 – point 16 a (new)
Regulation (EC) No 2007/2004
Article 15 – paragraph 1
Article 15 – paragraph 1
(16a) In Article 15, paragraph 1 is replaced by the following: "The Agency shall be a body of the Union. It shall have legal personality."
Amendment 245 #
Proposal for a regulation – amending act
Article 1 – point 19 a (new)
Article 1 – point 19 a (new)
Regulation (EC) No 2007/2004
Article 19 – paragraph 1
Article 19 – paragraph 1
(19a) In Article 19, paragraph 1 is replaced by the following: "1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question. All contracts shall include a human rights clause."
Amendment 246 #
Proposal for a regulation – amending act
Article 1 – point 19 b (new)
Article 1 – point 19 b (new)
Regulation (EC) No 2007/2004
Article 19 – paragraph 3
Article 19 – paragraph 3
(19b) In Article 19, paragraph 3 is replaced by the following: "3. In the case of non-contractual liability, the Agency shall be held liable and, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its servants in the performance of their duties."
Amendment 254 #
Proposal for a regulation – amending act
Article 1 – point 23
Article 1 – point 23
Regulation (EC) No 2007/2004
Article 33 – paragraph 2 b (new)
Article 33 – paragraph 2 b (new)
2b. The evaluation shall include a specific analysis onf the way in which the rights enshrined in the Charter of Fundamental Rights wasere respected pursuant to the application of the Regulationis Regulation. That analysis shall be carried out in cooperation with the Fundamental Rights Agency, and include the participation of UNHCR and non-governmental organisations with relevant expertise. An annual evaluation of that analysis shall be annexed to the Agency's general report.