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10 Amendments of Jeroen LENAERS related to 2015/0310(COD)

Amendment 178 #
Proposal for a regulation
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, 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 the measures to be implemented by the European Border and Coast Guard Agency and require t. For the adoption of such measures, given the sovereignty related aspects and their politically sensitive nature which touch on national executive and enforcement powers, implementing powers should be conferred on the Council, which should act on a proposal from the Commission. The Member State concerned should be required to cooperate with the Agency in the implementation of those measures. 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.
2016/04/21
Committee: LIBE
Amendment 226 #
Proposal for a regulation
Recital 31
(31) In order to ensure the uniform conditions for the implementation of this Regulation, in particular as regards situations requiring urgent action at the external borders, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.18 __________________ 18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted
2016/04/21
Committee: LIBE
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
(14a) ‘third parties’ shall be the legal entities recognised as such by the Member States or International Organisations.
2016/04/21
Committee: LIBE
Amendment 322 #
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 external borders by reinforcing, assessing and coordinating 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 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. Member States shall as well, in their interests and in interest of all Member States, enter data into the European databases and ensure that the data are accurate, up-to-date and entered lawfully.
2016/04/21
Committee: LIBE
Amendment 652 #
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 in 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 area as an area without internal border control, the Commission, after consulting the Agency, may adopt a decision by means ofpresent to the Council a proposal for an implementing actdecision, 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. Thoseat implementing actsdecision shall be adopted in accordance with the examination procedure referred to in Article 79(2)by the Council with a qualified majority vote.
2016/04/21
Committee: LIBE
Amendment 658 #
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 CommissionThe Council shall adopmeet immediately applicable implementing acts in accordance with the procedure referred to in Article 79(5)following receipt of the Commission proposal.
2016/04/21
Committee: LIBE
Amendment 690 #
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 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 amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board. The Agency shall evaluate whether the border guards proposed by Member States correspond to the profiles defined and shall decide on the border guards to be chosen for the rapid reserve pool. The Agency shall have the power to remove a border guard from the pool in case of misconduct or breach of the applicable rules.
2016/04/21
Committee: LIBE
Amendment 867 #
Proposal for a regulation
Article 38 – paragraph 1 a (new)
1a. The Agency shall ensure the compatibility and interoperability of the equipment listed in the technical equipment pool. To that end it shall define technical standards to be met by equipment to be acquired, totally or partially, by the Agency and of the equipment owned by Member States which is listed in the technical equipment pool.
2016/04/21
Committee: LIBE
Amendment 888 #
Proposal for a regulation
Article 41 – paragraph 2
2. Where such damage is caused by gross negligence or willful misconduct, the host Member State may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State or in excess of duty, the victims or persons entitled shall be compensated by the Agency.
2016/04/21
Committee: LIBE
Amendment 1165 #
Proposal for a regulation
Article 79
1. The Commission shall be assisted by the committee established by Article 33a of Regulation (EC) No 562/2006. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or two-thirds of the committee members so request. 4. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. 5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.Article 79 deleted Committee Procedure
2016/04/21
Committee: LIBE