BETA

81 Amendments of Geoffrey VAN ORDEN related to 2015/0310(COD)

Amendment 72 #
Proposal for a regulation
Recital 1 a (new)
(1 a) Improved practical preventive measures can help ameliorate the situation but a more fundamental change in overall policy is required in order to dampen the expectations of potential irregular migrants and reduce the 'pull' factors. At the same time, the effect of legal objections to a more rigorous policy need to be considered and this might require review of certain international conventions.
2016/04/22
Committee: AFET
Amendment 78 #
Proposal for a regulation
Recital 12
(12) In a spirit ofUndertaking a shared responsibility with the Member States, the role of the European Border and Coast Guard Agency should be to regularly monitor the management of the external borders. The Agency should ensure proper and effective monitoring not only through risk analysis, information exchange and Eurosur, but also through presence of experts from its own staff in Member Statin full cooperation with Member States and respecting the rights of non- Schengen countries. The Agency should therefore be able to deploy liaison officers to specific Member States with their consent for a period of time during which the liaison officer reports to the Executive Director and the relevant head of the Member State border and coastguard agency. The report of the liaison officers should form part of the vulnerability assessment.
2016/04/22
Committee: AFET
Amendment 82 #
Proposal for a regulation
Recital 14
(14) The European Border and Coast Guard Agency should organise theffer appropriate additional technical and operational assistance to Member States so as to reinforce their capacity to implement their obligations with regard to the control of the external borders, and to face challenges at the external border resulting from irregular immigration or cross-border crime. In this respect, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate, engage in joint operations for one or more Member States and deploy European Border and Coast Guard Teams as well as the necessary technical equipment, and it may deploy experts from its own staff as required and when requested.
2016/04/22
Committee: AFET
Amendment 84 #
Proposal for a regulation
Recital 15
(15) In cases where there is a specific and disproportionate pressure at the external borders, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate offer to a Member State to assist with rapid border interventions and deploy European Border and Coast Guard Teams from a rapid reserve pool as well as technical equipment. Rapid border interventions should provide reinforcement in situations where immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make border guards and other necessary relevant staff available to the rapid reserve pool as soon as possible.
2016/04/22
Committee: AFET
Amendment 87 #
Proposal for a regulation
Recital 18
(18) The European Border and Coast Guard Agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions. To this end, when launching rapid border interventions at the request of a Member State or in the context of a situation requiring urgent action, the European Border and Coast Guard Agency should be able to deploy European Border and Coast Guard Teams from a rapid reserve pool which should be a standing corps composed of a smalln adequate percentage of the total number of border guards in the Member States, which should amount to a minimum of 1 500. The deployment of the European Border and Coast Guard Teams from the rapid reserve pool should be immediately complemented by additional European Border and Coast Guard Teams as appropriate.
2016/04/22
Committee: AFET
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 1
AIn order to assist in dealing with the present emergency, a European Border and Coast Guard is hereby set up to ensure a European integratedon a temporary basis to improve European border management at the external borders with a view to managing migration effectivelyhelping deal with the problems of irregular migration and ensuring a high level of internal security within the Unionacross the Member States, while safeguarding as far as possible the free movement of persons therein.
2016/04/22
Committee: AFET
Amendment 106 #
Proposal for a regulation
Recital 1 a (new)
(1a) Whereas improved practical preventive measures may help ameliorate the situation, a more fundamental change in overall policy is required in order to dampen the expectations of potential irregular migrants and reduce the ‘pull’ factors. At the same time, the effect of legal objections to a more rigorous policy need to be considered and this may require review of certain international conventions.
2016/04/21
Committee: LIBE
Amendment 112 #
Proposal for a regulation
Article 3 – paragraph 1
1. The European Border and Coast Guard Agency and the national authorities of Member States which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall constitute theundertake common European Border and Coast Guard. missions, respecting national sovereignty over border management while also enhancing wider European security;
2016/04/22
Committee: AFET
Amendment 117 #
Proposal for a regulation
Article 3 – paragraph 2
2. The European Border and Coast Gguard Agency shall be establish an operational and technical strategy for the European integrated border management. It shall promote and ensure the implementation of European integrated border management in all Member Statesed for a 3-year period and propose an annual operational and technical strategy, with clear objectives and measurable targets for improved border security and management.
2016/04/22
Committee: AFET
Amendment 125 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration; in cooperation with Member States, the Commission and the EEAS;
2016/04/22
Committee: AFET
Amendment 128 #
Proposal for a regulation
Article 5 – paragraph 1
1. The European Border and Coast Guard shall implement the European integrated border management as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks.deleted
2016/04/22
Committee: AFET
Amendment 133 #
Proposal for a regulation
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of EU external borders by reinforcing, assessing and coordinatreinforcing the actions of Member States in the implementation of those measures, and in return., Member States shall ensure the management of their section of the external borders, in their interests and in the interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency.
2016/04/22
Committee: AFET
Amendment 136 #
Proposal for a regulation
Article 5 – paragraph 3
3. The European Border and Coast Guard Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area.deleted
2016/04/22
Committee: AFET
Amendment 150 #
Proposal for a regulation
Recital 12
(12) In a spirit ofUndertaking a shared responsibility with the Member States, the role of the European Border and Coast Guard Agency should be to regularly monitor the management of the external borders. The Agency should ensure proper and effective monitoring not only through risk analysis, information exchange and Eurosur, but also through presence of experts from its own staff in Member Statin full cooperation with Member States and respecting the rights of non-Schengen countries. The Agency should therefore be able to deploy liaison officers to specific Member States with their consent for a period of time during which the liaison officer reports to the Executive Director and the relevant head of the Member State border and coastguard agency. The report of the liaison officers should form part of the vulnerability assessment.
2016/04/21
Committee: LIBE
Amendment 159 #
Proposal for a regulation
Recital 14
(14) The European Border and Coast Guard Agency should organise theffer appropriate additional technical and operational assistance to Member States so as to reinforce their capacity to implement their obligations with regard to the control of the external borders, and to face challenges at the external border resulting from irregular immigration or cross-border crime. In this respect, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate, engage in joint operations for one or more Member States and deploy European Border and Coast Guard Teams as well as the necessary technical equipment, and it may deploy experts from its own staff as required and when requested.
2016/04/21
Committee: LIBE
Amendment 164 #
Proposal for a regulation
Recital 15
(15) In cases where there is a specific and disproportionate pressure at the external borders, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate offer to a Member State to assist with rapid border interventions and deploy European Border and Coast Guard Teams from a rapid reserve pool as well as technical equipment. Rapid border interventions should provide reinforcement in situations where immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make border guards and other necessary relevant staff available to the rapid reserve pool as soon as possible.
2016/04/21
Committee: LIBE
Amendment 166 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders, including military operations on a law enforcement mission and in the field of return, where such cooperation is compatible with the action of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.
2016/04/22
Committee: AFET
Amendment 184 #
Proposal for a regulation
Recital 18
(18) The European Border and Coast Guard Agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions. To this end, when launching rapid border interventions at the request of a Member State or in the context of a situation requiring urgent action, the European Border and Coast Guard Agency should be able to deploy European Border and Coast Guard Teams from a rapid reserve pool which should be a standing corps composed of a smalln adequate percentage of the total number of border guards in the Member States, which should amount to a minimum of 1 500. The deployment of the European Border and Coast Guard Teams from the rapid reserve pool should be immediately complemented by additional European Border and Coast Guard Teams as appropriate.
2016/04/21
Committee: LIBE
Amendment 187 #
Proposal for a regulation
Article 11 – paragraph 3 – point e
(e) report regularly to the Executive Director and to the Head of the relevant national authority on the situation at the external border and the capacity of the Member State concerned to deal effectively with the situation at the external borders;
2016/04/22
Committee: AFET
Amendment 193 #
Proposal for a regulation
Recital 21 a (new)
(21a) Low return rates within an EU Member State shall also constitute ineffective control of the EU’s external borders to the extent that this risks putting in jeopardy the functioning of the Schengen area.
2016/04/21
Committee: LIBE
Amendment 196 #
Proposal for a regulation
Article 12 – paragraph 5
5. The Executive Director shall adopt a dec, in close liaision setting out thwith the Head of the national authority concerned, propose necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall and laying down the time- limit within which the measures are to be taken.
2016/04/22
Committee: AFET
Amendment 198 #
Proposal for a regulation
Article 12 – paragraph 6
6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time-limit foreseen in that decision, further action may be taken by the Commission in accordance with Article 18.deleted
2016/04/22
Committee: AFET
Amendment 234 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or iIn the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen areasecurity and well- being of Member States, the Commission, after consulting the Agency and the Member State bearing the disproportionate pressure,, may adopt a decision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2).
2016/04/22
Committee: AFET
Amendment 237 #
Proposal for a regulation
Article 1 – paragraph 1
AIn order to assist in dealing with the present emergency, a European Border and Coast Guard is hereby set up to ensure a European integratedon a temporary basis to improve European border management at the external borders with a view to managing migration effectivelyhelping deal with the problems of irregular migration and ensuring a high level of internal security within the Unionacross the Member States, while safeguarding as far as possible the free movement of persons therein.
2016/04/21
Committee: LIBE
Amendment 240 #
Proposal for a regulation
Article 19 – paragraph 5
5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and- by pool which can be deployed from each Member State within three working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly basis, make available to the Agencyearmark a number of border guards commensurate to at least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, and which shall amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board.
2016/04/22
Committee: AFET
Amendment 257 #
Proposal for a regulation
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee therespect protection of fundamentalhuman rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy.
2016/04/22
Committee: AFET
Amendment 261 #
Proposal for a regulation
Article 33 – paragraph 2
2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle.deleted
2016/04/22
Committee: AFET
Amendment 265 #
Proposal for a regulation
Article 3 – paragraph 1
1. The European Border and Coast Guard Agency and the national authorities of Member States which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall constitute theundertake common European Border and Coast Guard. missions, respecting national sovereignty over border management while also enhancing wider European security.
2016/04/21
Committee: LIBE
Amendment 268 #
Proposal for a regulation
Article 3 – paragraph 2
2. The European Border and Coast Gguard Agency shall be establish an operational and technical strategy for the European integrated border management. It shall promote and ensure the implementation of European integrated border management in all Member Statesed for a 3-year period and propose an annual operational and technical strategy, with clear objectives and measurable targets for improved border security and management.
2016/04/21
Committee: LIBE
Amendment 285 #
Proposal for a regulation
Article 39 – paragraph 4
4. Members of the teams shall wear their own uniform while performing their tasks and exercising their powers. They shall wear a blue armband with the insignia of the Union and the Agency on their uniforms, identifying them as participating in a joint operation, pilot project, rapid border intervention, return operation or return intervention. For the purposes of identification vis-à-vis the national authorities of the host Member State, members of the teams shall, at all times, carry an accreditation document, which they shall present upon request.deleted
2016/04/22
Committee: AFET
Amendment 288 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) border control, including measures related to the prevention, detection and investigation of cross-border crime and irregular immigration, where appropriate;
2016/04/21
Committee: LIBE
Amendment 302 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration; in cooperation with Member States, the EEAS and the European Commission;
2016/04/21
Committee: LIBE
Amendment 316 #
Proposal for a regulation
Article 5 – paragraph 1
1. The European Border and Coast Guard shall implement the European integrated border management as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks.deleted
2016/04/21
Committee: LIBE
Amendment 325 #
Proposal for a regulation
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of EU external borders by reinforcing, assessing and coordinatreinforcing the actions of Member States in the implementation of those measures, and in return., Member States shall ensure the management of their section of the external borders, in their interests and in the interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency.
2016/04/21
Committee: LIBE
Amendment 329 #
Proposal for a regulation
Article 5 – paragraph 3
3. The European Border and Coast Guard Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area.deleted
2016/04/21
Committee: LIBE
Amendment 343 #
Proposal for a regulation
Article 61 – paragraph 6
6. The Management Board may establish a small-sized Executive Board composed of the Chairperson of the Management Board, one representative of the Commission and three members of the Management Board as well as a representative of the Member State requiring assistance, to assist it and the Executive Director with regard to the preparation of the decisions, programmes and activities to be adopted by the Management Board and when necessary, because of urgency, to take certain provisional decisions on behalf of the Management Board.
2016/04/22
Committee: AFET
Amendment 346 #
Proposal for a regulation
Article 68 – paragraph 1
1. The Commissionuncil shall propose candidates for the post of the Executive Director and the Deputy Executive Director based on a list following publication of the post in the Official Journal of the European Union and other press or internet sites as appropriate.
2016/04/22
Committee: AFET
Amendment 409 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders, including military operations on a law enforcement mission and in the field of return, where such cooperation is compatible with the action of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.
2016/04/21
Committee: LIBE
Amendment 423 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
If the Agency is not provided with this information in a timely and accurate manner, this shall be taken into account when performing the vulnerability assessment, unless duly justified reasons exist to withhold the data.
2016/04/21
Committee: LIBE
Amendment 475 #
Proposal for a regulation
Article 11 – paragraph 3 – point e
(e) report regularly to the Executive Director and to the Head of the relevant national authority on the situation at the external border and the capacity of the Member State concerned to deal effectively with the situation at the external borders;
2016/04/21
Committee: LIBE
Amendment 527 #
Proposal for a regulation
Article 12 – paragraph 5
5. The Executive Director shall adopt a dec, in close liaision setting out thwith the Head of the national authority concerned, propose necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall and laying down the time- limit within which the measures are to be taken.
2016/04/21
Committee: LIBE
Amendment 534 #
Proposal for a regulation
Article 12 – paragraph 6
6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time- limit foreseen in that decision, further action may be taken by the Commission in accordance with Article 18.deleted
2016/04/21
Committee: LIBE
Amendment 557 #
Proposal for a regulation
Article 13 – paragraph 2 – point d
(d) deploy European Border and Coast Guard Teams in the framework of the migration management support teams at hotspot areas to conduct return operations;
2016/04/21
Committee: LIBE
Amendment 593 #
Proposal for a regulation
Article 15 – paragraph 3 – point l
(l) procedures setting out a referral mechanism whereby persons in need of international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation are directed to the competent national authorities for appropriate assistance;
2016/04/21
Committee: LIBE
Amendment 602 #
Proposal for a regulation
Article 16 – paragraph 6
6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision., by making use of existing plans and procedures;
2016/04/21
Committee: LIBE
Amendment 618 #
Proposal for a regulation
Article 17 – paragraph 3 – point a
(a) providing assistance in the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third- country nationals;
2016/04/21
Committee: LIBE
Amendment 622 #
Proposal for a regulation
Article 17 – paragraph 3 – point b
(b) the provision of information to persons in clear need of international protection or to applicants or potential applicants for relocation;deleted
2016/04/21
Committee: LIBE
Amendment 643 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or iIn the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen areasecurity and well- being of Member States, the Commission, after consulting the Agency and the Member State bearing the disproportionate pressure, may adopt a decision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2).
2016/04/21
Committee: LIBE
Amendment 657 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
On duly justified imperative grounds of urgency relating to the functioning of the Schengen area, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 79(5), only until the Council has taken a decision.
2016/04/21
Committee: LIBE
Amendment 684 #
Proposal for a regulation
Article 18 – paragraph 7 a (new)
7a. In the event that an EU Member State refuses to comply with the Council decision, all other EU Member States shall immediately have the right to re- establish internal border controls until full compliance is achieved, or the Member State leaves the Schengen Area;
2016/04/21
Committee: LIBE
Amendment 692 #
Proposal for a regulation
Article 19 – paragraph 5
5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and by pool which can be deployed from each Member State within three working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly basis, make available to the Agencyearmark a number of border guards commensurate to at least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, and which shall amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board.
2016/04/21
Committee: LIBE
Amendment 698 #
Proposal for a regulation
Article 20 – paragraph 4
4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, 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, they shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
2016/04/21
Committee: LIBE
Amendment 707 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
2a. If the vulnerability assessment demonstrates that the EU Member State is at fault for deficiencies in guarding the EU's external borders, part of the budget for the Agency's operations shall be covered by that Member State, amounting to what the assessment indicates as the national budget that would have been required additionally for adequate border management.
2016/04/21
Committee: LIBE
Amendment 714 #
Proposal for a regulation
Article 24 – paragraph 3
3. The Executive Director shall withdraw the financing of a joint operation or a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist.
2016/04/21
Committee: LIBE
Amendment 729 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. The Return Office shall be responsible for carrying out the return- related activities of the Agency, in accordance with the respect of fundamental rights and general principles of Union law as well as international law, including refugee protection and human rights obligations. The Return Office shall, in particular:
2016/04/21
Committee: LIBE
Amendment 739 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
(d) coordinate and / or organise the return-related activities of the Agency as set out in this Regulation;
2016/04/21
Committee: LIBE
Amendment 748 #
Proposal for a regulation
Article 26 – paragraph 4
4. The Agency may make use of the financial means of the Union which are available in the field of return. The Agency shall ensure that in its grant agreements with Member Statesthe authorities of third countries that any financial support is conditional upon the full respect for the Charter of Fundamental Righconclusion of readmission agreements.
2016/04/21
Committee: LIBE
Amendment 804 #
Proposal for a regulation
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee therespect protection of fundamentalhuman rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy.
2016/04/21
Committee: LIBE
Amendment 810 #
Proposal for a regulation
Article 33 – paragraph 2
2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle.deleted
2016/04/21
Committee: LIBE
Amendment 815 #
Proposal for a regulation
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protectionpersons in need of medical assistance, persons in distress at sea and other persons in a particularly vulnerable situation.
2016/04/21
Committee: LIBE
Amendment 826 #
Proposal for a regulation
Article 34 – paragraph 1
1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency except for returns. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and persons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.
2016/04/21
Committee: LIBE
Amendment 829 #
Proposal for a regulation
Article 34 – paragraph 2
2. The Agency shall develop and regularly update a Code of Conductadhere to the Return Handbook for the return of illegally staying third-country nationals which shall apply during all return operations and return interventions coordinated or organised by the Agency. That Code of Conduct shall describ, ensuring that the common standardises and procedures to simplify the organisation of return operations and return interventions, and assure return in a humane manner and with full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, the right to liberty and security and the right to the protection of personal data and non-discriminationof Directive 2008/115/EC are implemented.
2016/04/21
Committee: LIBE
Amendment 831 #
Proposal for a regulation
Article 34 – paragraph 3
3. The Code of Conduct for return shall in particular pay attention to the obligation of Member States to provide for an effective forced-return monitoring system as set out in Article 8(6) of Directive 2008/115/EC 44 and to the Fundamental Rights Strategy. __________________ 44deleted OJ L 348, 21.12.2008, p. 98.
2016/04/21
Committee: LIBE
Amendment 834 #
Proposal for a regulation
Article 35 – paragraph 2
2. The Agency shall take the necessary initiatives to ensure that all border guards and other relevant staff of the Member States who participate in the European Border and Coast Guard Teams, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including on fundamental rights, access to international protection and search and rescue.
2016/04/21
Committee: LIBE
Amendment 838 #
Proposal for a regulation
Article 35 – paragraph 3
3. The Agency shall take the necessary initiatives to ensure training for staff involved in return-related tasks to be part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all staff who participate in return operations and in return interventions, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including fundamental rights and access to international protection.
2016/04/21
Committee: LIBE
Amendment 843 #
Proposal for a regulation
Article 35 – paragraph 4
4. The Agency shall establish and further develop common core curricula for the training of border guards and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights, access to international protection and relevant maritime law. The Agency shall draw up the common core curricula after consulting the Consultative Forum. Member States shall integrate the common core curricula in the training of their national border guards and staff involved in return-related tasks.
2016/04/21
Committee: LIBE
Amendment 870 #
Proposal for a regulation
Article 39 – paragraph 4
4. Members of the teams shall wear their own uniform while performing their tasks and exercising their powers. They shall wear a blue armband with the insignia of the Union and the Agency on their uniforms, identifying them as participating in a joint operation, pilot project, rapid border intervention, return operation or return intervention. For the purposes of identification vis-à-vis the national authorities of the host Member State, members of the teams shall, at all times, carry an accreditation document, which they shall present upon request.deleted
2016/04/21
Committee: LIBE
Amendment 906 #
Proposal for a regulation
Article 46 – paragraph 1 – introductory part
1. Calls on Member States to ensure the regular and accurate update of EU databases including the Schengen Information System and the European Criminal Records Information System, so that all available information can be utilised by the FRONTEX agency in order to ensure the security of the EU's external border and the good functioning of the Schengen area. The use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams shall be limited toinclude:
2016/04/21
Committee: LIBE
Amendment 921 #
Proposal for a regulation
Article 50 – paragraph 3
3. The application of this Regulation to the borders of Gibraltar shall be suspended until the date on which an agreement is reached on the scope of the measures concerning the crossing by persons of the external borders.deleted
2016/04/21
Committee: LIBE
Amendment 927 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1 a (new)
Individuals seeking international protection should be registered, fingerprinted, and debriefed according to existing asylum procedures; background security checks should also be carried out at the EU's external borders, after which the Asylum Procedures Directive (APD) should be applied, inter alia the concepts of first country of asylum and safe country of origin, allowing the Return Office to swiftly exercise return operations. The European Coast and Border Guard (ECBG), Europol, Eurojust, the European Asylum Support Office (EASO) and national competent authorities shall work together to achieve the aim of accelerated procedures in the context of hotspots.
2016/04/21
Committee: LIBE
Amendment 955 #
Proposal for a regulation
Article 53 – paragraph 2
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, as well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shall be related to the management of operational cooperation. Such arrangements shall have received the Commission’uncil's prior approval.
2016/04/21
Committee: LIBE
Amendment 980 #
Proposal for a regulation
Article 53 – paragraph 9
9. The Agency shall inform the European Parliament of the activities referred to in paragraphs 2 and 3.deleted
2016/04/21
Committee: LIBE
Amendment 992 #
Proposal for a regulation
Article 54 – paragraph 4
4. The decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the Commission, and the European Parliament shall be fully informed of those activities as soon as possible.deleted
2016/04/21
Committee: LIBE
Amendment 1021 #
Proposal for a regulation
Article 61 – paragraph 6
6. The Management Board may establish a small-sized Executive Board composed of the Chairperson of the Management Board, one representative of the Commission and three members of the Management Board as well as a representative of the Member State requiring assistance, to assist it and the Executive Director with regard to the preparation of the decisions, programmes and activities to be adopted by the Management Board and when necessary, because of urgency, to take certain provisional decisions on behalf of the Management Board.
2016/04/21
Committee: LIBE
Amendment 1045 #
Proposal for a regulation
Article 68 – paragraph 1
1. The Commissionuncil shall propose candidates for the post of the Executive Director and the Deputy Executive Director based on a list following publication of the post in the Official Journal of the European Union and other press or internet sites as appropriate.
2016/04/21
Committee: LIBE
Amendment 1096 #
Proposal for a regulation
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, he or she shall report directly to the Management Board and cooperate with the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.
2016/04/21
Committee: LIBE
Amendment 1107 #
Proposal for a regulation
Article 71 – paragraph 3
3. The Fundamental Rights Officer shall be consulted on the operational plans drawn up in accordance with Articles 15, 16 and 32(4) and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency.
2016/04/21
Committee: LIBE
Amendment 1112 #
Proposal for a regulation
Article 72 – paragraph 1
1. The Agency, in cooperation with the Fundamental Rights Officer, shall take the necessary measures to set up a complaint mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights, in all the activities of the Agencyf systematic deficiencies for the respect of human rights are reported by the Fundamental Rights Officer.
2016/04/21
Committee: LIBE
Amendment 1153 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languagesthe official languages of the European Union and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
2016/04/21
Committee: LIBE
Amendment 1170 #
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
By threone years from the date of entry into force of this Regulation, and every three years thereafter, the Commission shall carry out an evaluation to assess particularly the impact, effectiveness and efficiency of the Agency’s performance and its working practices in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.
2016/04/21
Committee: LIBE
Amendment 1172 #
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 2
The evaluation shall include a specific analysis on the way the Charter of Fundamental Rights was complied with in the application of this Regulation.deleted
2016/04/21
Committee: LIBE