Activities of Cecilia WIKSTRÖM related to 2013/0106(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing rules for the surveillance of the external sea 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 Union PDF (460 KB) DOC (548 KB)
Amendments (15)
Amendment 37 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 47 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The principle of non-refoulement should be applied in full compliance with Union law and relevant international law and jurisprudence, including the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the UN Convention against Torture and Other Cruel, Inhuman or Degrading treatment or Punishment, the 1951 Geneva Refugee Convention, and other relevant instruments of international law as well as the EU Charter of Fundamental Rights.
Amendment 48 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) This Regulation should be applied in full compliance with the principle of non- refoulement, according to which no one may be removed, expelled or extradited to a country where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion; or where there are substantial grounds to believe there is a real risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment or any serious violations of their human rights; or where that he or she may be removed, expelled or extradited to another country in breach of the principle of non-refoulement.
Amendment 49 #
Proposal for a regulation
Recital 6
Recital 6
(6) The possible existence of an arrangement between a Member State and a third country cannot absolve Member States from those obligations whenever they are aware or ought to be aware that systemic deficiencies in the asylum procedure and eir international obligations under the principle of non-refoulement according the reception conditions of asylum seekers in that third country amount to substantial grounds for believing that the asylum seekero which no persons shall be expelled to any country, territory or other place where they would face a real risk of being subjected to torture or inhuman orand degrading treatment or where they are aware or ought to be aware that this third country is engaged in practices in contravention of the principle of non- refoulementpunishment or the death penalty or any other serious violation of their human rights.
Amendment 56 #
Proposal for a regulation
Recital 7
Recital 7
(7) During a border surveillance operation at sea, a situation may occur where it will be necessary to render assistance to persons found in distress. In accordance with international law, every State must require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers, to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress. Such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found; accordingly, no measures, including criminal procedures and sanctions, should be taken discouraging ship masters from rendering assistance to any person in distress at sea.
Amendment 61 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) When disembarking intercepted or rescued persons in a Member State, the Union and its Member States should fully respect the principle of solidarity and fair responsibility sharing in accordance with Article 80 of the Treaty on the Functioning of the European Union.
Amendment 76 #
Proposal for a regulation
Article 2 – point 11
Article 2 – point 11
11. ‘place of safety’ means a location where rescue operations are considered to terminate and where the survivors' safety of life including as regards the protection of their fundamental rights is not threatened, where their basic human needs can be met and from which transportation arrangements can be made for the survivors' next destination or final destination, in respect of the principle of non-refoulement;
Amendment 81 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. No person shall be disembarked in, or otherwise handed over to the authorities of a country where there is a serious, or forced to enter, a country where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion or where there are substantial grounds to believe that there is a real risk that such person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment or any serious violations of their human rights or from which there is a serious risk of expulsion, removal or extradition to another country in contravention of the principle of non- refoulement.
Amendment 85 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before deciding on disembarkation in a third country, the participating units shall take into accountand while a sea operation is taking place, the host Member State and the participating Member States shall examine the general situation in thate neighbouring third country and iies. Intercepted or rescued persons shall not be disembarked in thata third country when the host Member State or the participating Member States are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1. Those member States shall provide that information to the participating units. For that purpose, they may use the information prepared by the European External Action Service, the European Asylum Support Office, the Agency, the United Nations High Commissioner for Refugees and relevant non-governmental organisations.
Amendment 92 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In case of disembarkation in a third country is considered, the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possi, including their medical conditions and other circumstances that might make them vulnerable, before disembarkationa decision is made. They shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way language which those persons understand or may reasonably be presumed to understand and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement. Intercepted and rescued persons shall be granted effective access to a procedure which guarantees the full range of procedural safeguards as required under international human rights and Union law, including legal assistance, interpretation and an effective remedy.
Amendment 132 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The measures described in points (e) and (f) of paragraph 1 may only be taken if the participating unit has ascertained that the new destination of the ship meets the requirements laid down in Article 4(1) and has conducted, if applicable, the activities provided for in Article 4(2) to (4). Article 6 of Directive 2013/32/EU shall apply.
Amendment 145 #
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
Amendment 149 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
Amendment 185 #
Proposal for a regulation
Article 9 – paragraph 11
Article 9 – paragraph 11
11. Where the ship cannot or can no longer be considered as being in a distress situation or the search and rescue operation has been concluded as provided for in Article 10(4), the participating unit shall, in consultation with the International Coordination Centre, resume the sea operation.
Amendment 197 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
In the case of search and rescue situations as laid down in Article 9, the participating units shall cooperate with the responsible Rescue Coordination Centre to provide a suitable port or place of safety for the rescued persons and to ensure their rapid and effective disembarkation, subject to the application of Article 4.