BETA

25 Amendments of Ska KELLER related to 2013/0106(COD)

Proposal for a regulation
Recital 2 a (new)

(2a) Cooperation with neighbouring third countries should fully respect the fundamental rights of migrants, including in the third countries. The possible existence of an arrangement between a Member State and a third country cannot absolve Member States from their international obligations under the principle of non-refoulement.

2013/10/31
Committee: LIBE

Proposal for a regulation
Recital 6 a (new)

(6a) In the spirit of Article 80 of the TFEU, application of Regulation (EU) No 604/2013 of the European Parliament and of the Council1 should not prevent Member States from applying, on a voluntary basis, a system of relocation of migrants and asylum seekers. 1 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.

2013/10/31
Committee: LIBE

Proposal for a regulation
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 proceedings and/or sanctions should be taken, discouraging ship masters from rendering assistance to any persons in distress at sea.

2013/10/31
Committee: LIBE

Proposal for a regulation
Recital 9

(9) Pursuant to Regulation (EC) No 2007/2004, border surveillance operations coordinated by the Agency are conducted in accordance with an operational plan. Accordingly, as regards sea operations, the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place, including references to international and Union law, regarding interception, rescue at sea and disembarkation. In turn, this Regulation governs the issues of interception, rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the Agency. It should also include rules and procedures which ensure that persons in need of international protection, including potential victims of trafficking, unaccompanied minors and other vulnerable persons, are identified and that these persons are provided with appropriate assistance, including access to asylum procedures.

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 2 – point 10 a (new)

10a. “principle of non-refoulement” means that no one may be removed, expelled, extradited or handed over to a country where his or her life or freedom would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion; or where there are substantial grounds to believe that 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 he or she may be removed, expelled or extradited to another country in breach of the principle of non-refoulement.

2013/10/31
Committee: LIBE

Proposal for a regulation
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 regard~~as well as 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 compliance with the principle of non- refoulement;

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 1

1. No person shall be disembarked in, conducted towards or otherwise handed over to the authorities of, or forced to enter, a country where there is a ~~serious~~well- founded fear of persecution because of his or her race, religion, nationality, membership of a particular social group or political opinion pursuant to points (d) and (f) of Article 2 of Directive 2011/95/EU of the European Parliament and of the Council1 and 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. 1 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted.

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 2

2. Before ~~deciding on disembarkation in a third country, the participating units shall take into account~~and during a sea operation, the host Member State and the participating Member States shall examine the general situation in thate third countr~~y and intercepted or rescued persons shall not~~ies where disembarkation could potentially take place. Intercepted or rescued persons shall not be conducted towards or otherwise handed over to the authorities of, or forced to enter or be disembarked in ~~that~~a 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 shall use information based on a range of sources, including in particular information from other Member States, EASO, UNHCR, the Council of Europe and other relevant international and non- governmental organisations.

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 3

3. I~~n case o~~f 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 possible before disembarkation. They shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way 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, including their medical conditions and other circumstances that might make them vulnerable or subject to international protection needs, before a decision is made. They shall inform the intercepted or rescued persons of the place of disembarkation and of the procedure to be followed to avoid being disembarked in the third country, in a language which those persons understand or may reasonably be presumed to understand. The participating units 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 legal assistance, to interpretation and to an effective remedy before disembarkation in a third country.

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4a. If there are grounds to believe that disembarkation of persons intercepted or rescued at sea in the proposed place would be in violation of the principle of non-refoulement, the participating units shall not share personal information regarding the persons with the authorities of the country of origin or with the authorities of other third countries.

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 4 b (new)

4b. The participating units shall treat all persons on board in a humane way.

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 5

5. BAll border guards and other personnel of the Member States shall receive, prior to their participationg in a sea operation ~~shall be trained with regard to relevant provisions of fundamental rights, refugee law and the international legal regime of search and rescue~~, training in relevant Union and international law, including fundamental rights and access to international protection and guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate facilities, and the international legal regime of search and rescue. Each participating unit shall include at least one person with advanced medical training and one person with expertise in refugee and asylum law.

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. In the territorial sea of the host Member State or a participating Member State, the participating units shall take one or more of the following measures ~~when there are reasonable grounds to suspect that a ship is carrying persons intending to circumvent checks at border crossing points or is engaged in the smuggling of migrants by sea:~~ in the following order, without prejudice to Directive 2013/32/EU on common procedures for granting and withdrawing international protection and the Schengen Border Code and in accordance with Article 4 of this Regulation, when there are reasonable grounds to suspect that a ship is carrying persons intending to circumvent checks at border crossing points or is engaged in the smuggling of migrants by sea and/or trafficking of migrants by sea in accordance with Directive 2011/36/EU of the European Parliament and of the Council1 on preventing and combating trafficking in human beings and protecting its victims: Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims.

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 6 – paragraph 1 – point d

(d) ~~seizing the ship and apprehending persons~~If evidence is found that the vessel is engaged in the smuggling and/or trafficking of migrants, seizing the ship and apprehending persons suspected of smuggling and or trafficking on board;

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 6 – paragraph 1 – point e

(e) ordering the ship to modify its course outside of or towards a destination other than the territorial sea or the contiguous zone, including escorting the vessel or steaming nearby until the ship is heading on such course;deleted

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. On the high seas, the participating units shall take one or more of the following measures in the following order, without prejudice to Regulation (EC) No 562/2006 and in accordance with Article 4 of this Regulation when there are reasonable grounds to suspect that a ship is engaged in the smuggling of migrants by sea subject to the authorisation of the flag State in accordance with the Protocol against the Smuggling of Migrants:

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1 – point d

(d) ~~seizing the ship and apprehending persons~~If evidence is found that the vessel is engaged in the smuggling and/or trafficking of migrants, seizing the ship and apprehending persons suspected of smuggling and/or trafficking on board;

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1 – point e

(e) ordering the ship to modify its course outside of or towards a destination other than the territorial sea or the contiguous zone, including escorting the vessel or steaming nearby until the ship is heading on such course;deleted

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1 – point f

~~(f) conducting the ship or persons on board to a third country or otherwise handing over the ship or persons on board to the authorities of a third country;~~deleted

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 8 – paragraph 1

1. In the zone contiguous to the territorial sea of a Member State, which is a host Member State or a participating Member State, the measures laid down in Article 6(1) shall be taken in accordance with Article 6(2) and Article 4.

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 8 a (new)

Article 8a Compensation Where the grounds for measures taken pursuant to Articles 6, 7 and 8 prove to be unfounded, the host Member State or the participating Member States, whose participating unit has intercepted, searched or seized the vessel, shall compensate the vessel and the persons on board for any loss or damage that may have been sustained, provided that they have not committed any act justifying the measures taken.

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 6 – point i a (new)

(ia) the presence of persons with disabilities or of other vulnerable persons;

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1

1. The modalities for the disembarkation of the persons intercepted or rescued in a sea operation shall be set out in the operational plan in accordance with Article 4. Those modalities for disembarkation shall not have the effect of imposing obligations on Member States not participating in the sea operation unless they expressly provide authorisation for measures to be taken in their territorial sea or contiguous zone in accordance with Article 6(4) or Article 8(2). Modalities for disembarkation may specify that disembarkation does not necessarily imply sole responsibility for the State on whose territory persons rescued at sea are disembarked.

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 3

3. Subject to the application of Article 4, in the case of interception on the high seas as laid down in Article 7, disembarkation may take place in the third country from which the ship departed. If that is not possible, disembarkation shall take place in the host Member State.deleted

2013/10/31
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1

ISubject to the application of Article 4, 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.

2013/10/31
Committee: LIBE