66 Amendments of Ska KELLER related to 2011/0427(COD)
Amendment 48 #
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Geneva Convention of 1951 and the protocols thereof,
Amendment 53 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The practice of travelling in small and unseaworthy vessels has dramatically increased the number of migrants and refugees drowning at the southern maritime external borders. EUROSUR should considerably improve the operational and technical ability of the Agency and Member States to detect these small vessels and to improve the reaction capability of the Agency and the Member States for saving the lives of migrants and refugees, leading to a considerable reduction of the loss of migrants and refugees at sea.
Amendment 63 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, notably human dignity, prohibition of torture and inhuman or degrading treatment or punishment, prohibition of trafficking in human beings, right to liberty and security, right to the protection of personal data, non-refoulement, non- discrimination and rights of the child. This Regulation should be applied by Member States in accordance with these rights and principles.
Amendment 66 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) This Regulation recognises the nature of the mixed flows of migrants and refugees approaching and crossing the Union external borders and takes into account that refugees in need of international protection are often taking the same routes and vessels as migrants; it fully respects the obligations of the Union and the Member States on the protection of refugees under European and international law.
Amendment 69 #
Proposal for a regulation
Recital 7
Recital 7
(7) Any exchange of personal data using the communication network for EUROSUR should remain an exception. It should be conducted on the basis of existing national and Union legal provisions and should respect their specific data protection requirements. The Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data and, in the framework of police and judicial cooperation, the Council Framework Decision 2008/977/JHA 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters are applicable in cases in which more specific instruments, such as Regulation (EC) No 2007/2004, do not provide a full data protection regime.
Amendment 70 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Since EUROSUR, under the responsibility of the Agency, is envisaged to contribute to a cross-sectoral information exchange with several other Union agencies and entities as well as international organisations in the framework of CISE, specific safeguards are necessary for the exchange of data with those agencies.
Amendment 76 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) Implementation of this Regulation should not affect the application of the Schengen Borders Code nor the Common European Asylum System.
Amendment 78 #
Proposal for a regulation
Article 1
Article 1
This Regulation establishes a common framework for the exchange of information and cooperation between Member States and the Agency in order to improve the situational awareness and reaction capability to protect the lives of migrants and refugees and to prevent irregular migration and cross-border crime at the external borders of the Member States and of the European Union, while ensuring effective access to international protection, hereinafter referred to as the European Border Surveillance System (EUROSUR).
Amendment 82 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to the surveillance of land and sea external borders of the Member States, including measures for monitoring, detection, identification, tracking, prevention and interception of illegal border crossings and for the purpose of protecting and saving lives of migrants and refugees at the external borders.
Amendment 87 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. This Regulation shall be without prejudice to the Schengen Borders Code.
Amendment 89 #
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1 b. This Regulation shall be without prejudice to Union legislation as regards asylum and return, human rights, access to international protection as well as human trafficking, especially identification of victims thereof.
Amendment 97 #
Proposal for a regulation
Article 3 – point b
Article 3 – point b
(b) ‘reaction capability’ means the ability to perform actions aimed at saving the lives of migrants and refugees at sea and countering illegal cross-border movements, including the means and timelines to react adequately to unusual circumstances and emergency situations;
Amendment 106 #
Proposal for a regulation
Article 3 – point f a (new)
Article 3 – point f a (new)
Amendment 109 #
Proposal for a regulation
Article 3 – point f b (new)
Article 3 – point f b (new)
(f b) 'interception' means all measures taken by a Member State or the Agency in order to protect the lives and safety of migrants and refugees and to prevent, interrupt or stop cross-border crime or the movement of persons crossing external borders without the required documentation.
Amendment 112 #
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
Amendment 115 #
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) ensure the timely information exchange and cooperation between all national authorities with a responsibility for external border surveillance and rescue at sea, with relevant law enforcement authorities at national level as well as with other national coordination centres and the Agency;
Amendment 119 #
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) support the planning and implementation of all national border surveillance activities; , with a special focus on the protection and saving of lives of migrants and refugees;
Amendment 122 #
Proposal for a regulation
Article 5 – paragraph 3 – point f
Article 5 – paragraph 3 – point f
(f) measure regularly the effects of national border surveillance activities, including their effect on the protection and saving of lives at sea;
Amendment 127 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. TIn accordance with Regulation (EC) No 2007/2004 and with the Agency's Fundamental Rights Strategy, the Agency shall
Amendment 128 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 130 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The Consultative Forum and the Fundamental Rights Officer shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency within the framework of EUROSUR, in accordance with Article 26a of Regulation (EC) No 2007/2004.
Amendment 135 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) an events layer, containing information on incidents as defined in point (fa) of Article 3 concerning irregular migration, cross-border crime and crisis situations;
Amendment 136 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) an analysis layer, containing strategic information, analytical products, intelligence as well as imagery and geo- data.
Amendment 139 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The national coordination centre shall establish and maintain a national situational picture, in order to provide all authorities with responsibilities in border surveillance at national level with effective, accurate and timely information which is relevant for the protection of migrants and refugees and prevention of irregular migration and cross-border crime at the external borders of the Member State concerned.
Amendment 141 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) national border surveillance system, where existing and applicable in accordance with national law;
Amendment 142 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 144 #
Proposal for a regulation
Article 9 – paragraph 2 – point g
Article 9 – paragraph 2 – point g
(g) national coordination centres in other Member States and in third countries;
Amendment 145 #
Proposal for a regulation
Article 9 – paragraph 2 – point h
Article 9 – paragraph 2 – point h
Amendment 146 #
Proposal for a regulation
Article 9 – paragraph 2 – point k
Article 9 – paragraph 2 – point k
Amendment 148 #
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) a sub-layer on irregular migration, which shall contain information on incidents concerning illegalrregular border crossings of migrants and refugees occurring at or nearby the external borders of the Member State concerned, on facilitations of irregular border crossings and on any other relevant irregular migration incident, such as a search and rescue mission for persons attempting to cross the border illegally.
Amendment 150 #
Proposal for a regulation
Article 9 – paragraph 3 – point a a (new)
Article 9 – paragraph 3 – point a a (new)
(a a) a sub-layer on incidents threatening the lives of migrants and refugees, such as an alert as defined in Chapter 5 point 2 of the International Convention on Maritime Search and Rescue or a search and rescue mission for persons attempting to cross the border irregularly.
Amendment 158 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Each incident in the events layer of the national situational picture shall be assigned with a single indicative impact level, ranging from ‘low’ and ‘medium’ to ‘high’ impact. Incidents regarding migrants and refugees in distress at sea shall be assigned with a 'high' impact level. All events assigned with a ‘medium’ to ‘high’ impact level shall be shared with the Agency.
Amendment 160 #
Proposal for a regulation
Article 9 – paragraph 6 – point a
Article 9 – paragraph 6 – point a
(a) an information sub-layer, which shall contain key developments and indicators relevant for the analysis of irregular migration, the protection of lives of migrants and refugees at sea and cross- border crime.
Amendment 162 #
Proposal for a regulation
Article 9 – paragraph 6 – point c
Article 9 – paragraph 6 – point c
(c) an intelligence picture sub-layer, which shall contain migrantion profiles, routes, their potential threat for the lives of migrants and refugees, information on the impact levels attributed to the external land and sea border sections and facilitation analysis.
Amendment 164 #
Proposal for a regulation
Article 9 – paragraph 6 – point c a (new)
Article 9 – paragraph 6 – point c a (new)
(c a) a sub-layer with a specific analysis based on weather conditions, routes, occurring emergency situations and other available information shall be included in order to identify potential danger zones for the lives of migrants and refugees at sea
Amendment 165 #
Proposal for a regulation
Article 9 – paragraph 6 – point d
Article 9 – paragraph 6 – point d
(d) an imagery and geo-data sub-layer, which shall contain reference imagery, background maps, intelligence validation assessments, change analysis (earth observation imagery) as well as change detection, geo-referenced data and border permeability maps.
Amendment 167 #
Proposal for a regulation
Article 9 – paragraph 9 – point a
Article 9 – paragraph 9 – point a
(a) all incidents, as defined in point (fa) of Article 3 concerning irregular migration and cross-border crime and other significant events contained in the events layer;
Amendment 169 #
Proposal for a regulation
Article 9 – paragraph 9 a (new)
Article 9 – paragraph 9 a (new)
9 a. All information on situations where migrants and refugees are found in distress at sea shall be shared immediately with the Agency and the national coordination centres, which shall immediately inform the Maritime Rescue Coordination Centre responsible for the area in which the situation occurs.
Amendment 171 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish and maintain a European situational picture in order to provide the national coordination centres with information and analysis which is relevant for the protection of the lives of migrants and refugees and the prevention of irregular migration and cross-border crime at the external borders of the Member States.
Amendment 174 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) national situational pictures, including basic information received under Article 9(85);
Amendment 176 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 179 #
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) incidents as defined in point (fa) of Article 3 regarding irregular migration and cross-border crime as well as crisis situations and on other events contained in the events layer of the national situational picture, which has been assigned with a medium or high impact level by the national coordination centre;
Amendment 180 #
Proposal for a regulation
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) incidents as defined in point (fa) of Article 3 regarding irregular migration and cross-border crime as well as crisis situations and other events contained in Common Pre-Frontier Intelligence Picture, once it iswhich havinge a moderateedium or shignificanth impact on the external borders of the Member States;
Amendment 183 #
Proposal for a regulation
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) an information sub-layer, which shall contain key developments and indicators relevant for the analysis of irregular migration, the protection of migrants and refugees and cross-border crime;
Amendment 186 #
Proposal for a regulation
Article 10 – paragraph 6 – point c
Article 10 – paragraph 6 – point c
(c) an intelligence picture sub-layer, which shall contain migrantion profiles, routes, their potential threat for the lives of migrants and refugees, information on the impact levels attributed to the external land and sea border sections and facilitation analysis;
Amendment 190 #
Proposal for a regulation
Article 10 – paragraph 6 – point c a (new)
Article 10 – paragraph 6 – point c a (new)
(c a) a sub-layer with a specific analysis based on weather conditions, routes, occurring emergency situations and other available information shall be included in order to identify potential danger zones for the lives of migrants and refugees at sea;
Amendment 192 #
Proposal for a regulation
Article 10 – paragraph 6 – point d
Article 10 – paragraph 6 – point d
(d) an imagery and geo-data sub-layer, which shall contain reference imagery, background maps, intelligence validation assessments, change analysis (earth observation imagery) as well as change detection, geo-referenced data and border permeability maps.
Amendment 196 #
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7 a. If the Agency gains knowledge of migrants or refugees in an emergency situation at sea, it shall immediately inform the relevant national coordination centres, which shall immediately inform the Maritime Rescue Coordination Centre responsible for the area in which the situation occurs.
Amendment 198 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall establish and maintain a common pre-frontier intelligence picture in order to provide the national coordination centres with information and analysis on the pre-frontier area which is relevant for the protection of the lives of migrants and refugees, the prevention of irregular migration and serious or organised crime at the external borders of the Member States and in neighbouring third countries.
Amendment 201 #
Proposal for a regulation
Article 11 – paragraph 2 – point f
Article 11 – paragraph 2 – point f
Amendment 204 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The events layer of the common pre- frontier intelligence picture shall include information on: any incident, crisis situation and on any other event in the pre- frontier area, which could have a moderateedium or shignificanth impact on irregular migration, the protection of lives of migrants and refugees and cross-border crime at the external borders of the Member States. The impact level shall be assigned by the Agency. Incidents regarding migrants and refugees found in distress shall be assigned with a 'high' impact level.
Amendment 207 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. The analysis layer of the common pre- frontier intelligence picture shall be structured like the one of the European situational picture, containing strategic information, analytical products and services, intelligence as well as imagery and geo-data on the pre-frontier area.
Amendment 208 #
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
Amendment 209 #
Proposal for a regulation
Article 12
Article 12
Amendment 225 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Processing of personal data 1. The National Situational Picture may be used for processing personal data only to the extent necessary for the purposes of EUROSUR in accordance with Directive 95/46/EC, the national legislation implementing it and other relevant national legislation. 2. The European Situational Picture and the Common Pre-Frontier Intelligence Picture may only be used for processing personal data for the registration numbers of vehicles, vessels and other craft, which shall be processed in accordance with Regulation (EC) No 45/2001, Directive 95/46/EC and Article 11c of Regulation (EC) No 2007/2004.
Amendment 233 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) high impact level in case the incidents related to irregular migration and cross- border crime occurring at the border section in question have a significant impact on border security or in case the incidents relate to migrants and refugees in an emergency situation at sea.
Amendment 240 #
Proposal for a regulation
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
Amendment 244 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. In pre-defined cases the national coordination centre may authorise a centre referred to in paragraph 1 to communicate and exchange information with the regional coordination centre or the national coordination centre of another Member State or third country on condition that it regularly informs its own national coordination centre about the communication and information exchange.
Amendment 249 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
Amendment 250 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The agencies and centres referred to in paragraph 2 mayshall use information received in the context of EUROSUR only within the limits of their legal framework and in compliance with fundamental rights.
Amendment 253 #
Proposal for a regulation
Article 18
Article 18
Amendment 266 #
Proposal for a regulation
Article 19
Article 19
The European Commission shall, in close cooperation with the Member States and the Agency, make publicly available a Practical Handbook for the implementation and management of EUROSUR (hereinafter ‘Handbook’), providing technical and operational guidelines, recommendations and best practices. The European Commission shall adopt the Handbook in the form of a recommendation.
Amendment 269 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Agency shall ensure that procedures are in place to monitor the technical and operational functioning of EUROSUR against the objectives of achieving an adequate situational awareness and reaction capability including to protect the lives of migrants and refugees at the external borders.
Amendment 271 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Agency shall submit a report on the functioning of EUROSUR including the use and efficiency of surveillance tools to the European Parliament, the Council and the Commission on 1 October 20154 and every two years thereafter.
Amendment 274 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The Commission shall provide an overall evaluation of EUROSUR to the European Parliament and the Council onby 1 October 2016 and every fourthree years thereafter. This evaluation shall include an examination of results achieved against objectives, a cost-efficiency analysis including all direct and indirect expenditures of the Union and the Member States for EUROSUR, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in the Member States and by the Agency, and the compliance with fundamental righand impact on fundamental and human rights including as regards processing of personal data and effective access to international protection. It shall also include an assessment of the feasibility of the inclusion in EUROSUR of air border surveillance and checks at border crossing points. That evaluation shall be accompanied, where necessary, by appropriate proposals to amend this Regulation.
Amendment 281 #
Proposal for a regulation
Annex 1
Annex 1