67 Amendments of Ska KELLER related to 2011/0365(COD)
Amendment 51 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 54 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Internal Security Fund should express solidarity through financial assistance to those Member States that fully apply the Schengen provisions on external borders as well as to those who are preparing for full participation in Schengen, and that respect international law by providing assistance and protection to those in need.
Amendment 61 #
Proposal for a regulation
Recital 13
Recital 13
(13) This instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights, the Geneva Refugee Convention, the UN Convention on the Law of the Sea, the UN human rights treaties, international humanitarian law and the principle of non-refoulement.
Amendment 63 #
Proposal for a regulation
Recital 14
Recital 14
(14) To ensure a uniform and high-quality external border control and to facilitate legitimate travel across external borders, including border crossings by persons in search of international protection within the framework of the EU internal security strategy, the Instrument should contribute to the development of a European common integrated border management system, which includes all the measures involving policy, legislation, systematic co-operation, the distribution of the burden, personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in co-operation with the Frontex Agency, with third-countries and, where necessary, with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union.
Amendment 66 #
Proposal for a regulation
Recital 16
Recital 16
(16) It should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls, in particular those which prioritise safe maritime borders and which facilitate regular migration and mobility. The efficient management of activities organised by the services of the Member States in third countries is in the interest of the common visa policy as part of a multi- layered system aimed at facilitating lregitimate travel and tacklular migration and mobility and preventing irregular immigration into the European Union, saving people in distress at sea and constitutes an integral part of the common integrated border management system.
Amendment 67 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 71 #
Proposal for a regulation
Recital 19
Recital 19
(19) To address immediately unforeseen migratory pressure and threatrisks to border security it should be possible to provide emergency assistance in accordance with the framework set out in Regulation … 2012/EU laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police co-operation, preventing and combating crime, and crisis management.
Amendment 72 #
Proposal for a regulation
Recital 20
Recital 20
(20) Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible threatrisks are identified, notably following a Schengen evaluation, the Member State concerned should follow the matter up adequately by using resources under its programmes by priority, where applicable, complementing emergency assistance measures.
Amendment 73 #
Proposal for a regulation
Recital 21
Recital 21
(21) To reinforce solidarity and responsibility sharing, Member States should be encouraged to use a part of the resources available under the programmes for specific priorities defined by the Union, such as the purchase of technical equipment needed by the Frontex Agency and the development of consular co- operation for the Union and the assistance to people in search of international protection.
Amendment 80 #
Proposal for a regulation
Recital 24
Recital 24
(24) In the same vein, the scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arise. Such Union actions include studies and pilot projects to further the policy and its application, measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulates.
Amendment 81 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 85 #
Proposal for a regulation
Recital 26
Recital 26
(26) Funding from the Union budget should concentrate on activities where the Union intervention can bring additional value compared to action of Member States alone. As the European Union is in a better position than Member States to provide a framework for expressing Union solidarity in border control, visa policy and the management of migration flows, and to provide a platform for the development of common IT systems underpinning these policies, financial support provided under this Regulation contributes in particular to strengthening national and European capabilities in those areas.
Amendment 87 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to ensure a uniform, efficient and timely application of the provisions on operating support laid down in this Regulation and to establish the framework for the programme on the new IT systems, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2001 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.
Amendment 93 #
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘emergency situation’ means a situation of urgent and exceptional pressure where a large or disproportionate number of third- country nationals cross or are expected to cross the external border of one or more Member States.
Amendment 94 #
Proposal for a regulation
Article 2 – point e a (new)
Article 2 – point e a (new)
(ea) ‘risk’ means a factor that affects or is expected to affect the quality of control at external borders, the smooth crossing of external borders as well as the effective access to the territory of Member States for third-country nationals in need of international protection.
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Instrument shall be to contribute to ensuring a high level of security in the European Unionuniform and high-quality external border control while facilitating mobility in a secure environment into European Union, making sure that the Union’s commitment to fundamental freedoms and human rights is upheld.
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 2 – point a – paragraph 1
Article 3 – paragraph 2 – point a – paragraph 1
(a) supporting a common visa policy to facilitate legitimate travel, ensure equal treatment of third country nationals and tacklemobility, provide a high quality of service to visa applicants, ensure equal treatment of third country nationals as well as the uniform application of the Visa Code and prevent irregular migration
Amendment 102 #
Proposal for a regulation
Article 3 – paragraph 2 – point a – paragraph 2
Article 3 – paragraph 2 – point a – paragraph 2
The achievement of this objective shall be measured against indicators such as, inter alia, the number of consular posts equipped, secured and/or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants, the number of common visa application centres as well as the average length of waiting time for the visa application to be decided upon, the share of multiple entry visa, the share of refused visa and the average visa costs for applicants per consular post.
Amendment 103 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 1
Article 3 – paragraph 2 – point b – paragraph 1
(b) supporting borders management, to ensure, on one hand, a high level of protectioncontrol of external borders and, on the other hand, the smooth crossing of the external borders in conformity with the Schengen acquis, and protection-sensitive border management
Amendment 109 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 2
Article 3 – paragraph 2 – point b – paragraph 2
The achievement of this objective shall be measured against indicators such as, inter alia, the development of equipment for border control, the average waiting time at the border crossing points and the apprehensions of irregular third-country nationals at the external border in correspondence with the risk of the relevant section of the external border, and the number of third country nationals regularly crossing the same section of the external border.
Amendment 111 #
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(ba) supporting the implementation of the asylum acquis at the external borders to ensure an effective access to the territory of Member States and to the registration procedure for third country nationals in need of international protection, in full compliance with Union law, the principle of non-refoulement and the UN Convention on the Law of the Sea. The achievement of this objective shall be measured against indicators such as, inter alia, the number of applications for international protection at the external borders, the number of entries to the territory of Member States, the number of registered deaths at sea, the number of registrations at the external borders and the quality of reception.
Amendment 114 #
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) promoting the development and implementation and enforcement of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders;
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) gradually establishing an integrated management system for external borders, including the reinforcement of interagency co-operation between, inter alia, border control, migration, asylum and law enforcement authorities of Member States at the external borders and measures within the territory, including in the maritime border area and the necessary flanking measures related to document security and identity management as well as to saving lives at sea;
Amendment 124 #
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation, the improvement of consular coverage in third countries, uniform and common administrative procedures and decisions on visa, making full use of practical improvements and flexibility provided by the Visa Code;
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) setting up and running IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union, in full respect of the Union data protection legislation;
Amendment 129 #
Proposal for a regulation
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
(e) ensuring the efficient and uniform application of the Union’s acquis on borders, asylum and visas, including the functioning of the Schengen evaluation and monitoring mechanism;
Amendment 130 #
Proposal for a regulation
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points, and effective tackling of illegal crossing ofs well as for the effective rescue at sea operations of people in distress at the external maritime borders;
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) operating equipment, means of transport and communication systems required for effective border control and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology;
Amendment 143 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) infrastructures, buildings and operating equipment required for the processing of visa applications and consular co- operation, as well as other actions aimed at improving the quality of service for the visa applicants;
Amendment 147 #
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) studies, pilot projects and actions aiming to ensure an effective compliance with European and international law concerning respect for human rights obligations, in close cooperation with civil society.
Amendment 149 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 162 #
Proposal for a regulation
Article 5 – paragraph 3 – point f
Article 5 – paragraph 3 – point f
Amendment 163 #
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Amendment 164 #
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
The method(s) of implementation of the budget for the programme on the development of new IT systems shall be set out in the implementing act referred to in Article 15(2delegated act(s).
Amendment 165 #
Proposal for a regulation
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) EUR 2,000 million57% of the global budget for the national programmes of Member States;
Amendment 168 #
Proposal for a regulation
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
Amendment 170 #
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) EUR 150 million4% of the global budget for the Special Transit Scheme;
Amendment 172 #
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) EUR 270 million39% of the global budget for Union actions, emergency assistance and technical assistance at the initiative of the Commission.
Amendment 183 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
1. In order to allocate the amount indicated in point c) of Article 6(1), by 1 June 2017 the Commission shall establish, on the basis of input and in consultation with the Frontex Agency, the EASO, the Fundamental Rights Agency, civil society organisations and international organisations, a report which inter alia, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020. ThreatRisk levels will be based on the burden in border management and on the threatchallenges that affected security and safety, including search and rescue operations at sea, at the external borders of the Member States in 2014-2016 and they will take into account inter alia possible future trends on migratory flows and unlawful activities at the external borders considering the likely political, economic and social developments in the third countries concerned, in particular in neighbouring countries.
Amendment 186 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
The report shall determine the level of threatrisk for each section of the external border by multiplying the length of the border section concerned with the weighing attributed to it as follows:
Amendment 187 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a – point i
Article 8 – paragraph 1 – subparagraph 2 – point a – point i
(i) factor 1 for normal threatrisk
Amendment 188 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a – point ii
Article 8 – paragraph 1 – subparagraph 2 – point a – point ii
(ii) factor 3 for medium threatrisk
Amendment 189 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a – point iii
Article 8 – paragraph 1 – subparagraph 2 – point a – point iii
(iii) factor 5 for high threatrisk;
Amendment 190 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b – point i
Article 8 – paragraph 1 – subparagraph 2 – point b – point i
(i) factor 1 for normal threatrisk
Amendment 191 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b – point ii
Article 8 – paragraph 1 – subparagraph 2 – point b – point ii
(ii) factor 3 for medium threatrisk
Amendment 192 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b – point iii
Article 8 – paragraph 1 – subparagraph 2 – point b – point iii
(iii) factor 5 for high threatrisk.
Amendment 193 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) external maritime borders shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in order to prevent irregular migration/illegal entryhigh risk areas, this shallmay be the outer limit of high threat ara contiguous zone as defined in Article 33 of the United Nations Convention on the Law of the Seas. This shall be determined by taking into account the relevant data on these operations in 2014- 2016 as provided by the Member States in question.
Amendment 195 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) supporting and expanding the existing capacity at national level in visa policy and in the management of the external borders, with a view to prevent irregular migration lives lost at sea and to facilitate legitimate travel, including border crossings by persons in need of international protection, bearing in mind inter alia new technology, developments and/or standards in relation to the management of migration flows;
Amendment 198 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating lregitimate travel toular migration and mobility and preventing irregular migration into the Union;
Amendment 200 #
Proposal for a regulation
Article 9 – paragraph 2 – point e a (new)
Article 9 – paragraph 2 – point e a (new)
(ea) ensuring the full compliance with international and European obligations, including human rights obligations and the monitoring thereof, in close cooperation with third countries and civil society;
Amendment 201 #
Proposal for a regulation
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) increasing the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the Union, taking into account in particular the Frontex risk analysis.
Amendment 205 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) compliance with the Union acquis on borders, asylum and visa;
Amendment 208 #
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) compliance with international and European human rights standards, including respect of the principle of non- refoulement.
Amendment 210 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Commission shall set out, by implementingdelegated acts, reporting procedures on the application of this provision and any other practical arrangements, to be made between Member States and the Commission to comply with this Article. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 18(2)7.
Amendment 214 #
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) to support the preparatory, monitoring, administrative and technical support, for the development of an evaluation mechanism, required to implement external borders, asylum and visa policies, including with regard to compliance with human rights obligations and humanitarian law, including to implement Schengen governance as determined by the Schengen evaluation and monitoring mechanism as established by the Regulation (EU) No … on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and the Schengen Borders Code;
Amendment 216 #
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) to support and monitor the implementation of Union law and Union policy objectives in the Member States, and assess their effectiveness and impact, including on human rights;
Amendment 219 #
Proposal for a regulation
Article 13 – paragraph 2 – point e
Article 13 – paragraph 2 – point e
(e) to promote networking, mutual learning, identification and dissemination of good practices and innovative approaches amongst different stakeholders at European level;
Amendment 220 #
Proposal for a regulation
Article 13 – paragraph 2 – point f
Article 13 – paragraph 2 – point f
Amendment 221 #
Proposal for a regulation
Article 13 – paragraph 2 – point g
Article 13 – paragraph 2 – point g
(g) to boost the capacity of European networks to assess, promote, support and further develop Union policies and objectives;
Amendment 222 #
Proposal for a regulation
Article 13 – paragraph 2 – point h
Article 13 – paragraph 2 – point h
(h) to support particularly innovative projects developing new methods and/or technologies with a potential for transferability to other Member States, especially projects aiming at testing and validating research projects;
Amendment 223 #
Proposal for a regulation
Article 13 – paragraph 2 – point i
Article 13 – paragraph 2 – point i
Amendment 226 #
Proposal for a regulation
Article 15
Article 15
Amendment 232 #
Proposal for a regulation
Annex III – paragraph 1 – introductory part
Annex III – paragraph 1 – introductory part
Objective 1: promoting the development and implementation of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders, ensuring the smooth and safe crossing at the external borders, including the maritime borders
Amendment 234 #
Proposal for a regulation
Annex III – paragraph 3 – introductory part
Annex III – paragraph 3 – introductory part
Objective 3: setting up and running IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union
Amendment 235 #
Proposal for a regulation
Annex III – paragraph 3 – indent 1
Annex III – paragraph 3 – indent 1
– operational management of SIS, VIS and new systems set up in the period and VIS
Amendment 236 #
Proposal for a regulation
Annex III – paragraph 3 – indent 4
Annex III – paragraph 3 – indent 4
– communication infrastructure and security as well as data protection related matters