44 Amendments of Brice HORTEFEUX related to 2015/0310(COD)
Amendment 116 #
Proposal for a regulation
Recital 4
Recital 4
(4) To ensure the effective implementation of the European integrated border management, a European Border and Coast Guard should be established and provided with the requisite financial and human resources and equipment. The European Border and Coast Guard, which comprises the European Border and Coast Guard Agency and national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, relies upon the common use of information, capabilities and systems at national level and the response of the European Border and Coast Guard Agency at Union level.
Amendment 120 #
Proposal for a regulation
Recital 5
Recital 5
(5) European integrated border management is a shared responsibility of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks. While Member States retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all Member States which have abolished internal border control, t. The European Border and Coast Guard Agency should ensuresupport the application of Union measures relating to the management of the external borders by reinforcing, assessing and coordinating the actions of Member States which implement those measures.
Amendment 131 #
Proposal for a regulation
Recital 8
Recital 8
(8) Having regard to the increasing migratory pressures at the external borders, to the necessity of ensuring a high level of internal security within the Union and to safeguard the functioning of the Schengen area as well as the overarching principle of solidarity, it is necessary to reinforce the management of the external borders by building on the work of Frontex, through the expansion of its operational capacities, and further develop it into an Agency with a shared responsibility for the management of the external borders.
Amendment 136 #
Proposal for a regulation
Recital 9
Recital 9
(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency. The key role of the European Border and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, subject to Member State approval, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct return operations and return interventions.
Amendment 147 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Border and Coast Guard Agency should prepare general and tailored risk analysis based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The European Border and Coast Guard Agency should, based also on information provided by Member States, provide adequate information and intelligence covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third-country nationals within the Union, prevention of cross-border crime including facilitation of irregular immigration, trafficking in human beings and, terrorism and hybrid threats, as well as the situation at neighbouringrelevant third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders.
Amendment 156 #
Proposal for a regulation
Recital 13
Recital 13
(13) The European Border and Coast Guard Agency should carry out a vulnerability assessment to assess the capacity and state of preparedness of the Member States to face challenges at their external borders, including by assessing the equipment and resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take corrective action to address any deficiencies identified in that assessment. The Executive Director, on the advice of a Supervisory Board created within the European Border and Coast Guard Agency, should identify the measures to be taken byand recommend them to the Member State concerned and should set a time-limit within which those measures should be taken. That decision should be binding onIf that Member State and wherfails to take the necessary measures are not taken within the set time-limit, the matter needs to be referred to the Management Board for a further decision.
Amendment 163 #
Proposal for a regulation
Recital 15
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 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 for a limited period 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 relevant staff available to the rapid reserve pool.
Amendment 169 #
Proposal for a regulation
Recital 16
Recital 16
(16) At particular areas of the external borders whereIf one Member State or several Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, this or these Member States should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as experts from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground.
Amendment 179 #
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders in connection with which it has not requested the Agency's support, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify and propose to the Member States meeting in the Council the measures to be implemented by the European Border and Coast Guard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The Council should approve the proposed measures and their implementation as quickly as possible. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commissionuncil decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 183 #
Proposal for a regulation
Recital 18
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 small percentage of the total number of border guards in the Member States, which should amount to a minimum of 1 500 border guards. 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.
Amendment 187 #
Proposal for a regulation
Recital 20
Recital 20
(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegally staying third-country nationals, including by organising joint return operations on its own initiative and enhancing its role regarding the acquisition of travel documents. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of returnsupport of the Member States in the field of return without commenting on the advisability of return decisions, which is a matter for the competent authorities or courts of the Member States.
Amendment 207 #
Proposal for a regulation
Recital 25
Recital 25
(25) Effective implementation of an integrated management of the external borders necessitates regular, swift and reliable exchange of information among the Member States regarding the management of the external borders, the entry of monitored individuals into EU territory, irregular immigration and return. The European Border and Coast Guard Agency should develop and operate information systems facilitating such exchange in accordance with Union data protection legislation.
Amendment 210 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) Cooperation on coast guard functions, notably by means of enhanced collaboration between national authorities and the three EU agencies (the European Border and Coast Guard Agency, the European Fisheries Control Agency and the European Maritime Safety Agency), should in no way affect the division of powers between these agencies as regards the definition of their missions and should not impinge on their autonomy and independence in respect of their initial assignments. This cooperation also enables the creation of synergies between them, without changing their mission statements.
Amendment 227 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 262 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14a) ‘Coast guard functions’: all fact- finding, monitoring, planning and organisation missions and operations entrusted to a local, regional, national or European authority with the necessary powers to perform maritime surveillance; these missions entail, in particular, safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection.
Amendment 272 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency shall establish, if its Management Board so decides, 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 States.
Amendment 281 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) border control, including measures related to the prevention, detection and investigation of irregular external border crossings and the prevention and detection of cross-border crime, where appropriate;
Amendment 304 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
e) technical and operational measures within the area of free movementSchengen area which are related to border control and designed to prevent irregular immigration and to counter cross- border crime;
Amendment 320 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Member States must guarantee the proper management of their external borders, in their own interest and in that of all the Member States, in keeping with EU law and the operational and technical strategy for European integrated border management provided for in Article 3(2) of this Regulation, in close cooperation with the Agency.
Amendment 321 #
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. The Member States must guarantee the proper management of their external borders, in their own interest and in that of all the Member States, in keeping with EU law and the operational and technical strategy for European integrated border management provided for in Article 3(2) of this Regulation, in close cooperation with the Agency.
Amendment 355 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) carry out a vulnerability assessment including the assessment of the capacity and preparedness of Member States to face threats and pressures at the external borders, including disproportionate migratory pressures and security-related threats;
Amendment 399 #
Proposal for a regulation
Article 7 – paragraph 1 – point q
Article 7 – paragraph 1 – point q
(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency, in accordance with the remits of those agencies, to support the national authorities carrying out coast guard functions by providing services, information, equipment and training, as well as by coordinating multipurpose operations;
Amendment 404 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
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.
Amendment 418 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Agency and the national authorities which are responsible for border management and for returns, including coast guards to the extent that they carry out border control tasks, shall be subject to a duty to cooperate in good faith, and an obligation to exchange information.
Amendment 422 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The national authorities which are responsible for border management and for returns, including coast guards to the extent that they carry out border control tasks, shall provide the Agency in a timely and accurate manner with all the information necessary for the Agency to perform the tasks conferred on it by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Union, to carry out risk analysis and to perform the vulnerability assessment.
Amendment 441 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situations in neighbouring third countriesrelevant third countries that have played a direct or indirect part in the emergence of these phenomena, with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union.
Amendment 455 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The results of the risk analysis shall be submitted to the Supervisory Board and to the Management Board.
Amendment 470 #
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. The liaison officers shall act on behalf of the Agency and their role shall be to foster cooperation and dialogue between the Agency and the national authorities which are responsible for border management and for returns, including coast guards to the extent that they carry out border control tasks. The liaison officers shall, in particular:
Amendment 520 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment shall be submitted to the Supervisory Board, which shall advise tMember States concerned, which may submit comments on those results. The Executive Director on theshall then recommend measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the results of the Schenectady evaluation mechanism.
Amendment 571 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Executive Director shall, on the advice of the Supervisory Board basedis onf the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013, recommend to the Member State concerned to initiate and carry out joint operations or rapid border interventions. The Agency shall put its technical equipment at the disposal of the host or participating Member States.
Amendment 575 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The objectives of a joint operation or rapid border intervention may be achieved as part of a multi-purpose operation which may involve the rescue of persons in distress at sea or other coast guard functions, the fight against migrant smuggling or trafficking in human beings, drug trafficking control operations,and organised-crime control operations, action to combat trafficking in false travel documents and migration management including identification, registration, debriefing and return.
Amendment 650 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
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 in the event of disproportionate migratory pressure at the external border for which it has not requested the Agency's support, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, afteruncil, on the basis of a proposal from the Commission which has first consultinged the Agency, mayshall adopt as soon as possible 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).
Amendment 668 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Executive Director shall, within two working days from the date of adoption of the Commission decision, and on the advice of the Supervisory Board, determine the actions needed to be taken for the practical execution of the measures identified in the Commissionuncil decision, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision.
Amendment 676 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The Agency shall, without delay and in any case within three working days from establishment of the operational plan, deploy the necessary technical equipment and staff from the rapid reserve pool referred to in Article 19(5) for the practical execution of the measures set out in the Commissionuncil decision. Additional technical equipment and European Border and Coast Guard Teams shall be deployed as necessary at a second stage and in any case within five working days from the deployment of the rapid reserve pool.
Amendment 679 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Member State concerned shall comply with the Commissionuncil decision and for that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the Executive Director.
Amendment 689 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and 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 Agency 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 amountso as to bring the total to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board.
Amendment 730 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) coordinate at technical and operational level the return activities of the Member States, including voluntary returns, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 733 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) coordinate at technical and operational level the return activities of the Member States, including voluntary returns, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 755 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall at least on a monthly basis inform the Agency of their planned national return operations, as well as of their needs for assistance or coordination by the Agency. The Agency shall draw up a rolling operational plan to provide the requesting Member States with the necessary operational reinforcement, including technical equipment. The Agency may, on its own initiative, or at the request of a Member State, include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The Management Board shall decide, on a proposal of the Executive Director, on the modus operandi of the rolling operational plan.
Amendment 940 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The modalities of the cooperation on coast guard functions of the European Border and Coast Guard Agency with the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with their respective mandates and the financial rules applicable to the Agencies.
Amendment 946 #
Proposal for a regulation
Article 52 a (new)
Article 52 a (new)
Article 52a Assessment of European cooperation on coast guard functions 1. The Commission shall submit a report evaluating the implementation of European cooperation on coast guard functions to the European Parliament and the Council by 31 December 2021 at the latest. The report shall analyse and set out, in particular: (a) the arrangements for cooperation between the European Border and Coast Guard Agency, the European Fisheries Control Agency and the European Maritime Safety Agency, and for cooperation with Member States; (b) the missions performed under this cooperation and their quantified results, particularly as regards fisheries control; (c) the benefits of cooperation in terms of improved understanding of the maritime situation as well as operational activities and rapid response to crises at sea; (d) the financial resources used in the context of this cooperation. 2. The European Border and Coast Guard Agency, the European Fisheries Control Agency, the European Maritime Safety Agency and the Member States shall provide the Commission with the information necessary to carry out the assessment referred to in paragraph 1.
Amendment 957 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders, and it shall have the possibility of carrying out joint operations at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreement of that neighbouring third country, including on the territory of that third country. Participation by Member States in joint operations within the territory of a third country shall be voluntary. The Commission shall be informed of such activities.
Amendment 959 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders, and it shall have the possibility of carrying out joint operations at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreement of that neighbouring third country, including on the territory of that third country. Participation by Member States in joint operations within the territory of a third country shall be voluntary. The Commission shall be informed of such activities.
Amendment 1070 #
Proposal for a regulation
Article 69
Article 69