212 Amendments of Ska KELLER related to 2015/0310(COD)
Amendment 111 #
Proposal for a regulation
Recital 2
Recital 2
(2) The objective of Union policy in the field of external border management is to develop and implement European integrated border management at national and Union level, which is a necessary corollary to the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice. European integrated border management is central to improving migration management and ensuring a high level of internal security within the Uncontrolling the borders effectively and thereby contributing to a high level of internal security within the Union, and to ensure the protection and saving the lives of migrants and refugees in full compliance with the principle of non-refoulement and fundamental rights. It should facilitate legitimate travel, ensure a high level of safety at the external borders and access for persons in need of international protection.
Amendment 127 #
Proposal for a regulation
Recital 7
Recital 7
(7) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, commonly referred to as Frontex, was established by Council Regulation (EC) No 2007/2004.14 Since taking up its responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, as well as risk analysis, information exchange, relations with third countries and the return of third- country nationals illegalrregularly staying on the territory of Member States. __________________ 14 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).
Amendment 129 #
Proposal for a regulation
Recital 8
Recital 8
(8) Having regard to the increasing migratory pressures at the external borders, to the necessity of ensuringhigh death toll in the Mediterranean sea, to the necessity of controlling the borders effectively and thereby contributing to a high level of internal security within the Union and to safeguard the functioning of the Schengen area as well as the overarching principle of solidarity, it is necessary to reinforce the management of the external borders by building on the work of Frontex and further develop it into an Agency with a shared responsibility for the management of the external borders including the rescue of persons in distress at sea.
Amendment 137 #
Proposal for a regulation
Recital 9
Recital 9
(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency. The key role of the European Border and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to assist Member States in ensuring the protection and saving the lives of migrants and refugees, to adopt and promote the highest standards for transparent border management practices in full respect of fundamental rights and the rule of law, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct return operations and return interventions.
Amendment 139 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The expanded tasks and competences of the European Border and Coast Guard Agency should go hand in hand with strengthened fundamental rights safeguards and an increased accountability of the Agency.
Amendment 148 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Border and Coast Guard Agency should prepare general and tailored risk analysis based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The European Border and Coast Guard Agency should, based also on information provided by Member States, provide adequate information and intelligence covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third-country nationals within the Union, prevention of cross-border crime including facilitation of irregular immigrationmigrant smuggling, trafficking in human beings and terrorism, as well as the situation at neighbouring third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders.
Amendment 152 #
Proposal for a regulation
Recital 13
Recital 13
(13) The European Border and Coast Guard Agency should carry out a vulnerability assessment, based on objective criteria, to assess the capacity of the Member States to face challenges at their external borders and respect for fundamental rights therein, including by assessing the equipment and resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take correctiv, their performance regarding the faction to address any deficiencies identified in ilitation of regular border crossing and their ability to save lives and prevent death at assessment. The Executive Director, on the advice of a Supervisory Board created within the European Border and Coast Guard Agency, should identify the measures to be taken by the Member State concerned and should set a time-limit within which those measusea, the existence of a well-functioning mechanisms for the protection of fundamental rights and the referral of persons who might be in need of international protection. Member States should take corrective action to address should be takany deficiencies identified in that assessment. That decision should be binding on that Member State and we Executive Director should identify the measures to be taken. Where the necessary measures are not taken within the set time-limit, the matter needs to be referred to the Management Board for a further drecisommendation.
Amendment 170 #
Proposal for a regulation
Recital 16
Recital 16
(16) At particular areas of the external borders wWhere Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on the increased operational and technical reinforcement in hotspot areas by the migration management support teams composed of teams of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as experts from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground.
Amendment 180 #
Proposal for a regulation
Recital 17
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 identifyrecommend the measures to be implemented by the European Border and Coast Guard Agency and requirecommend the Member State concerned 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 Commission decision, and an operational plan should be drawn up with the Member State concerned, unless that Member State objects.
Amendment 186 #
Proposal for a regulation
Recital 20
Recital 20
(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegalrregularly staying third-country nationals, including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of return.
Amendment 191 #
Proposal for a regulation
Recital 21
Recital 21
(21) The European Border and Coast Guard Agency should step up its assistance to Member States for returning illegalrregularly staying third-country nationals, subject to the Union return policy and in compliance with Directive 2008/115/EC of the European Parliament and of the Council.15 In particular, it should coordinate and organise return operations from one or more Member States to third countries where there is no risks of fundamental rights violations or deficiencies in relevant civil and criminal laws and procedures, and it should organise and conduct return interventions to reinforce the return system of Member States requiring increased technical and operational assistance when complying with their obligation to return illegalrregularly staying third-country nationals in accordance with that Directive. __________________ 15 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in member states for returning illegally staying third-country nationals (OJ L 348, 21.12.2008, p. 98).
Amendment 198 #
Proposal for a regulation
Recital 23
Recital 23
(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegalrregularly staying on the territory of Member States for officers of the competent national bodies. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.
Amendment 202 #
Proposal for a regulation
Recital 24
Recital 24
(24) The European Border and Coast Guard Agency should monitor and contribute to the developments in research relevant for the control of the external borders, including the use of advanced surveillance technology, and it should disseminate this information to the European Parliament, the Member States and to the Commission.
Amendment 212 #
Proposal for a regulation
Recital 28
Recital 28
(28) The European Border and Coast Guard Agency should facilitate and encourage operational cooperation between Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countries, the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries. In order to guarantee the compliance with norms and standards equivalent to those set by Union legislation such operational cooperation on the territory of a third country should be limited to neighbouring third countries which share a common land border with one or more Member States and which have ratified and implement in full the European Convention on Human Rights and the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol thereto.
Amendment 221 #
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation respects thee European Border and Coast Guard Agency should further develop and implement a Fundamental Rights Strategy to monitor and ensure the protection of fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks toit should ensure full respect for human dignity, the right to life, the right to liberty and security, the right to the protection of personal data, the right to access to asylum, the right to effective remedy, the rights of the child, the prohibition of torture and of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, and to promote the application of the principles of non-discrimination and non- refoulement. The Border and Coast Guard Agency should withdraw the financing of an activity or suspend or terminate an activity in case of violations of fundamental rights or international protection obligations that are of a serious nature of are likely to persist. The Executive Director of the Agency should adopt criteria for such instances, based on recommendations by the Fundamental Rights Officer and after consultation with the Consultative Forum and other relevant actors.
Amendment 228 #
Proposal for a regulation
Recital 31
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).
Amendment 229 #
Proposal for a regulation
Recital 36
Recital 36
(36) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents 21 should apply to the European Border and Coast Guard Agency. The Agency should be as transparent as possible about its activities, without jeopardising the attainment of the objective of operations. It should make public all relevant information on all of its activities, and ensure that the public and any interested party are rapidly given information with regard to its work. __________________ 21 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
Amendment 231 #
Proposal for a regulation
Recital 39
Recital 39
(39) Since the objectives of this Regulation, namely the development and implementation of a system of integrated management of the external borders, thus also ensuring the proper functioning of the Schengen area, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner but can rather, because of the absence of controls at internal borders and in view of the significant migratory pressures at the external borders and the need to safeguardneed to control the borders effectively and thereby contribute to a high level of internal security within the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 241 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Unioncontrolling the borders effectively and thereby contributing to a high level of internal security within the Union, and to ensure the protection and saving the lives of migrants and refugees in full compliance with the principle of non-refoulement and fundamental rights, while safeguarding the free movement of persons therein.
Amendment 255 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘returnee’ means an illegalrregularly staying third-country national subject to a return decision;
Amendment 257 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘return operation’ means an operation to return illegalrregularly staying third- country nationals, that is coordinated by the Agency and involves technical and operational reinforcement being provided by one or more Member States under which returnees from one or more Member States are returned either through forced return or in voluntary compliance with an obligation to return;
Amendment 258 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘return intervention’ means an operation to return illegalrregularly staying third- country nationals providing for enhanced technical and operational assistance consisting of the deployment of European Return Intervention Teams to Member States and the organisation of return operations.
Amendment 264 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The European Border and Coast Guard Agency and the national authorities of Member States which are responsible for border management, including coast guards, to the extent that they carry out border control taskstasks referred to in Article 4, shall constitute the European Border and Coast Guard.
Amendment 279 #
Proposal for a regulation
Article 4 – paragraph 1 – point -a (new)
Article 4 – paragraph 1 – point -a (new)
(-a) the rescue of persons in distress at sea;
Amendment 286 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, including measures related to the prevention, detection and investigato facilitate legitimate border crossings, related to the prevention and detection of cross-border crime, where appropriate, in full respect of human dignity;
Amendment 290 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) establishment and maintenance of clear mechanisms and procedures, in cooperation with relevant authorities, for the identification of, provision of information to and referral of persons who may be in need of international protection;
Amendment 301 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration;
Amendment 306 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) technical and operational measures within the area of free movement which are related to border control and designed to prevent irregular immigration and to counter cross-border crime in accordance with the Schengen Borders Code;
Amendment 308 #
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) return of third-country nationals illegalrregularly staying on the territory of the Member States;
Amendment 312 #
Proposal for a regulation
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) respect for and promotion of fundamental rights in all activities;
Amendment 314 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) a quality control mechanism to ensure the implementation of Union legislation in the area of border management and respect for fundamental rights.
Amendment 335 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The European Border and Coast Guard Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area. It shall ensure that the management of external borders, in cases foreseen in this Regulation, is undertaken in full compliance with the Charter of Fundamental Rights, the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees and relevant Union law.
Amendment 341 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The European Border and Coast Guard Agency shall be responsible, as the coordinator, and liable for all actions and decisions taken in the context of its activities. Responsibility of the Agency shall be without prejudice to responsibility of the Member States under relevant international, Union or national law.
Amendment 343 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Accountability The European Border and Coast Guard Agency shall be accountable to the European Parliament and the Council.
Amendment 362 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involveincluding humanitarian emergencies and rescue at sea;
Amendment 364 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) assist Member States in ensuring the protection and saving the lives of migrants and refugees in accordance with Regulation (EU) No 656/2014 of the European Parliament and of the Council;
Amendment 369 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, taking into account that some situations may involve including humanitarian emergencies and rescue at sea;
Amendment 370 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, taking into account that some situations may involveincluding humanitarian emergencies and rescue at sea;
Amendment 381 #
Proposal for a regulation
Article 7 – paragraph 1 – point j
Article 7 – paragraph 1 – point j
(j) assist Member States in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegalrregularly staying third-country nationals, including through the coordination or organisation of return operations;
Amendment 391 #
Proposal for a regulation
Article 7 – paragraph 1 – point n
Article 7 – paragraph 1 – point n
(n) participate in the development and management of research and innovation activities relevant for the control and surveillance of external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems and develop pilot projects regarding matters covered by this Regulation;
Amendment 395 #
Proposal for a regulation
Article 7 – paragraph 1 – point p a (new)
Article 7 – paragraph 1 – point p a (new)
(pa) adopt and promote the highest standards for border management practices, allowing for transparency and public scrutiny and ensuring respect, protection and promotion of fundamental rights and rule of law;
Amendment 397 #
Proposal for a regulation
Article 7 – paragraph 1 – point q
Article 7 – paragraph 1 – point q
(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency, each within their mandate, to support the national authorities carrying out coast guard functions, including the saving of lives of migrants and refugees, by providing services, information, equipment and training, as well as by coordinating multipurpose operations;
Amendment 408 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders, including military operations on a law enforcement mission and in the field of return, where such cooperation is compatible with the operaction of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.
Amendment 411 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Member States shall report to the Agency on that operational cooperation with other Member States and/or third countries at the external borders and in the field of return. The Executive Director of the Agency (‘'the Executive Director’') shall inform the Management Board of the Agency (‘'the Management Board’)') and the European Parliament on those matters on a regular basis and at least once a year.
Amendment 414 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Agency mayshall engage in communication activities oin its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraph 1 andthe fields within its mandate. It shall provide the public with accurate, detailed and timely information about its activities and analyses. Communication activities shall not be detrimental to the attainment of the objective of operations. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.
Amendment 434 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Agency shall prepare general and tailored risk analyses and submit it to the European Parliament, the Council and the Commission.
Amendment 442 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control, the protection of fundamental rights, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration,migrant smuggling and trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union.
Amendment 449 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The Agency shall develop and make public its methodology and criteria for the risk analysis.
Amendment 454 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The results of the risk analysis shall be submitted to the Supervisory Board and to the Management Board.
Amendment 463 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall ensure regular monitoring of the management of the external borders through liaison officers of the Agency in all Member States.
Amendment 485 #
Proposal for a regulation
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) have unlimited access to the national coordination centre and the national situational picture established in accordance with Regulation (EU) No 1052/2013;
Amendment 490 #
Proposal for a regulation
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) have access to national and, where necessary, to European information systems available in the national coordination centre, on condition that he or she complies with the national and EU security and data protection rules;
Amendment 492 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The report of the liaison officer shall form part of the vulnerability assessment referred to in Article 12. The report shall be transmitted to the Member State concerned.
Amendment 503 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control and respect for fundamental rights therein. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 504 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The vulnerability assessment shall be based on objective criteria. The Management Board shall decide on the criteria.
Amendment 505 #
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. The assessment of respect for fundamental rights shall include the presence and effectiveness of the instruments in place to ensure the protection and saving of lives of refugees and migrants, access to information and quality legal assistance, referral to relevant procedures and access to effective remedies, for persons arriving at the border. The methodology for this aspect of the vulnerability assessment shall be established in consultation with the Fundamental Rights Officer and the Consultative Forum, as well as other relevant EU agencies, such as the European Asylum Support Office and Agency for Fundamental Rights.
Amendment 508 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the Agency, provide information as regardsnecessary for the vulnerability assessment, in particular as regards the state of functioning of all procedures at the border in accordance with Chapter II of Directive 2013/32/EU of the European Parliament and of the Council, technical equipment, staff and financial resources available at national level to carry out border control and they shall submit their contingency plans.
Amendment 529 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Executive Director shall adopt a drecisommendation setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be taken.
Amendment 540 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decisrecommendations setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time-limit foreseen in that decise recommendations, further action may be taken by the Commission in accordance with Article 18.
Amendment 543 #
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. The criteria and results of the vulnerability assessments shall be transmitted to the European Parliament and the Council.
Amendment 546 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may request the Agency for assistance in implementing their obligations with regard to the control of the external borders and to the protection and saving of lives of migrants and refugees. The Agency shall also carry out measures as referred to in Article 18.
Amendment 555 #
Proposal for a regulation
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries which share a common land border with one or more Member States and which have ratified and implement in full the European Convention on Human Rights and the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol thereto;
Amendment 561 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. An operational engagement of the Agency shall require a prior assessment, drawing on a broad range of sources, to identify if there are risks of fundamental rights violations or deficiencies in relevant civil and criminal laws and procedures that would make the cooperation incompatible with legal obligations, in particular to ensure protection from refoulement and the right to an effective remedy.
Amendment 564 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States may request the Agency to launch joint operations to face upcoming challenges, including present or future threats at the external borders resulting from irregular immigration or cross-border crime, or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders.
Amendment 567 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. At the request of a Member State faced with a situation of specific and disproportionate pressures, especially the arrival at points of the external borders of large numbers of third-country nationals trying to enter the territory of that Member State illegallyrregularly or risking their lives at sea, the Agency may deploy a rapid border intervention for a limited period of time on the territory of that host Member State.
Amendment 579 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Operational plan for joint operations
Amendment 582 #
Proposal for a regulation
Article 15 – paragraph 3 – point d
Article 15 – paragraph 3 – point d
(d) a description of the tasks, responsibilities and special instructions for the European Border and Coast Guard Teams and for the officers involved in activities of the Agency, including on permissible consultation of databases and permissible service weapons, ammunition and equipment in the host Member State;
Amendment 584 #
Proposal for a regulation
Article 15 – paragraph 3 – point i
Article 15 – paragraph 3 – point i
(i) a reporting and evaluation scheme containing benchmarks for the evaluation report, including the protection of fundamental rights, and final date of submission of the final evaluation report;
Amendment 595 #
Proposal for a regulation
Article 15 – paragraph 3 – point m
Article 15 – paragraph 3 – point m
(m) procedures setting out a mechanism to receive and transmit to the Agency a complaint against border guardsall persons participating in a joint operation, including with third countries, in a rapid border intervention, migration management teams at hotspot areas, return operation or return intervention, including border guards and other relevant staff of the host Member State and members of the European Border and Coast Guard Teams alleging breaches of fundamental rights in the context of the joint operation or rapid border intervention.;
Amendment 597 #
Proposal for a regulation
Article 15 – paragraph 3 – point m a (new)
Article 15 – paragraph 3 – point m a (new)
(ma) detailed provisions on fundamental rights safeguards;
Amendment 598 #
Proposal for a regulation
Article 15 – paragraph 3 – point m b (new)
Article 15 – paragraph 3 – point m b (new)
(mb) provisions on risks of fundamental rights violations and steps taken to avoid such violations and ensure accountability for and non-repetition of such violations, including in relations to the powers to suspend and terminate an operation in accordance with Article 24.
Amendment 608 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Member State faces disproportionate migratory pressures at particular hotspot areas of its external border characterised by large influxes of mixed migratory flows, that Member State may request the operational and technical reinforcement by migration management support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the AgencyCommission, the Agency, the European Asylum Support Office and other relevant Union Agencies in particular the European Asylum Support Office and Europol.
Amendment 611 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Executive Director, in coordination with the European Asylum Support Office and other relevant Union Agencies, shall assess the request for assistance of a Member State. The Executive Director, in coordination with the European Asylum Support Office and other relevant Union Agencies, shall forward their assessment of itsthe needs ofor the purpose ofMember State to the Commission who shall defininge a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned.
Amendment 613 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Teams shall include fundamental rights and child protection experts.
Amendment 616 #
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third- country nationals in full compliance with fundamental rights and providing information regarding the purpose and outcomes of all procedures;
Amendment 623 #
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
Amendment 626 #
Proposal for a regulation
Article 17 – paragraph 3 – point b a (new)
Article 17 – paragraph 3 – point b a (new)
(ba) supporting the European Asylum Support Office in the provision of information on the asylum procedure, procedural rights and other fundamental rights, to all persons in accordance with Articles 6, 8 and 12 of the Directive 2013/32/EU;
Amendment 628 #
Proposal for a regulation
Article 17 – paragraph 3 – point b b (new)
Article 17 – paragraph 3 – point b b (new)
(bb) the referral of persons who wish to apply for international protection to asylum experts of the national authorities of the Member State concerned or of the European Asylum Support Office, and referral of all children and families with children to child protection experts of the national authorities of the Member State or of the EU Agencies;
Amendment 629 #
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) technical and operational assistance in the field of return, including the preparation and organisation of return operations in full respect of fundamental rights, due process and the principle of non-refoulement.
Amendment 633 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. The Agency shall support the relevant Member State and the European Asylum Support Office in the compliance of their activities with the Common European Asylum System and fundamental rights. This includes the provision of shelter, sanitary conditions and facilities respecting gender based and children's needs in the hotspot areas.
Amendment 635 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Agency shall assist the Commission in the coordination of the activities of the migration management support teams, in cooperation with the European Asylum Support Office and other relevant Union Agencies.
Amendment 642 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
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, the Commission, after consulting the Agency, may adopt a decisionrecommend, by means of an implementing act, identifying the measures to be implemented by the Agency and requircommending the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2).
Amendment 656 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Amendment 662 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, the Commission shall provide forrecommend one or more of the following measures to be taken by the Agency:
Amendment 670 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Executive Director shall, within two working days from the date of adoption of the Commission drecisommendation, and on the advice of the SupervisoryManagement Board, determine the actions needed to be taken for the practical execution of the measures identified in the Commission drecisommendation, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision.
Amendment 672 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. In parallel and within the same two working days, the Executive Director shall submit a draft operational plan to the Member State concerned. The Executive Director and the Member State concerned shall draw up the operational plan within two working days from the date of its submission, unless the Member State concerned objects to the implementation of the Commission recommendation.
Amendment 678 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Member State concerned shall comply withstate reasons, if it objects to the implementation of the Commission drecision and for that purpose it shall immediatelyommendation. If the Member State concerned does not object, it shall cooperate with the Agency and take the necessary action to facilitate the implementation of that decise recommendation and the practical execution of the measures set out in that drecisommendation and in the operational plan agreed upon with the Executive Director.
Amendment 686 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Agency shall deploy border guards and other relevant staff as members of the European Border and Coast Guard Teams to joint operations, rapid border interventions and in the framework of the migration management support teams. The Agency may also deploy experts from its own staff. Only border guards, experts and staff who have received training in accordance with Article 35 of this Regulation shall be deployed to an activity by the Agency.
Amendment 694 #
Proposal for a regulation
Article 19 – paragraph 8 – subparagraph 2
Article 19 – paragraph 8 – subparagraph 2
Such secondments may be for 12 months or more but in any case it shall not be less than three months. The seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams. The Member State having seconded the border guards shall be considered as the home Member State. The disciplinary procedure of the Agency shall also apply to seconded border guards.
Amendment 697 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons on grounds of sexgender, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 705 #
Proposal for a regulation
Article 21 – paragraph 3 – point d
Article 21 – paragraph 3 – point d
(d) ensure EU border management standards and respect for fundamental rights in border, therein report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention;
Amendment 709 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Executive Director shall terminate, after informing the Member State concerned, joint operations or rapid border interventions, pilot projects, migration management support teams, return operations, return interventions or working arrangements if the conditions to conduct those activities are no longer fulfilled.
Amendment 712 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Executive Director may withdraw the financing of a joint operation or a rapid border intervention, a pilot project, a migration management support team, a return operation or a return intervention, or suspend or terminate it if the operational plan is not respected by the host Member State.
Amendment 718 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director shall withdraw the financing of a joint operation or, a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. a pilot project, migration management support teams, a return operation, return intervention or working arrangement or suspend or terminate, in whole or in part, a joint operation, rapid border intervention, a pilot project, migration management support teams, return operation, return intervention or working arrangement if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. Based on recommendations by the Fundamental Rights Officer, after consulting the Consultative Forum and other relevant actors, the Executive Director shall adopt criteria for withdrawing the financing, the suspension or the termination of an activity by the Agency. The findings of the Fundamental Rights Officer in the framework of the complaint mechanism shall be taken into account. The Fundamental Rights Officer may recommend the withdrawing the financing, the suspension or the termination of an activity.
Amendment 724 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
The Executive Director shall evaluate the results of the joint operations and, rapid border interventions, pilot projects, migration management support teams, return operations, return interventions and operational cooperation with third countries, including with regard to the respect of fundamental rights, and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the Management Board, together with the observations of the Fundamental Rights Officer. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future joint operations and rapid border interventionactivities, and it shall include it in its consolidated annual activity report.
Amendment 731 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) coordinate at technical and operational level the return activities of the Member States, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countrieforced return monitors and other relevant stakeholders;
Amendment 736 #
Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) coordinate at technical and operational level assisted voluntary returns from the Member States, providing assistance during the pre- departure, travel and post-arrival phase, taking into account the needs of vulnerable migrants;
Amendment 737 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) coordinate the use of relevant IT systems and provide support on consular cooperation for the identification of third- country nationals and the acquisition of travel documents, without disclosing if the third-country national had requested asylum, organise and coordinate return operations and provide support to voluntary departure;
Amendment 745 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) information on third countries of return, including information concerning the fundamental rights situation, in cooperation with the European Asylum Support Office and the Agency for Fundamental Rights;
Amendment 747 #
Proposal for a regulation
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
(d) assistance on measures that are legitimate, proportionate and necessary to ensure the availability of returnees for return purposes and, avoid that returnees abscond and advice on alternatives to detention in line with Directive 2008/115/EC and international law.
Amendment 749 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In accordance with Directive 2008/115/EC, and without entering into the merits of return decisions, the Agency shall provide the necessary assistance and, at the request of one or several participating Member States, ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations. The Agency may, on its own initiative, propose to Member States to coordinate or organise return operations.
Amendment 751 #
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. The Agency shall not coordinate, organise or propose return operations to third countries where risks of fundamental rights violations or serious deficiencies in relevant civil and criminal laws and procedures have been identified through risk analyses, or reports from the Fundamental Rights Officer, EU agencies, human rights bodies, intergovernmental and non-governmental organisations.
Amendment 753 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall at least on a monthly basis inform the Agency of their planned national return operations, as well as of their needs for assistance or coordination by the Agency. The Agency shall draw up a rolling operational plan to provide the requesting Member States with the necessary operational reinforcement, including technical equipment. The Agency may, on its own initiative, include in the rolling operational plan the dates and destinations of return operations ithe requesting Member States considers necessary, based on a needs assessment. The Management Board shall decide, on a proposal of the Executive Director, on the modus operandi of the rolling operational plan.
Amendment 756 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. Operational plans for all Agency supported and coordinated return operations and interventions shall be agreed between, and be binding upon, the Agency, the participating Member States and participating third countries in all return operations and return interventions, on the proposal of the Executive Director. Operational plans shall be drafted in line with Article 15 and shall cover all aspects necessary for carrying out the return operation, including inter alia, procedures for monitoring, reporting and complaints mechanisms, and detailed provisions on the implementation of fundamental rights and rule of law safeguards, with reference to relevant standards and codes of conduct.
Amendment 757 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Agency may provide the necessary assistance and ensure, at the request of the participating Member States, or propose on its own initiative, the coordination or the organisation of return operations, for which the means of transport and forced return escorts are made available by a third country of return (‘'collecting return operations’'). The participating Member States and the Agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the entire removal operation. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be present throughout the entire return operation until arrival at the third country of return.
Amendment 760 #
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. Forced return monitors shall submit the report on the outcome of their monitoring activities to the Agency, including the Fundamental Rights Officer.
Amendment 761 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
Amendment 769 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Agency shall constitute a pool of forced return monitors from national competent bodies who carry out independent forced return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 35. Forced return monitors shall also report to the Agency, including the Fundamental Rights Officer.
Amendment 771 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return monitors corresponding to the defined profile. Forced return monitors with a child protection profile shall be included in the pool and required for any return operation involving children.
Amendment 777 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Agency shall constitute a pool of forced return escorts from national competent bodies who carry out return operations in accordance with the requirements referred to in Article 8(4) and (5) of Directive 2008/115/EC and who have been trained in accordance with Article 35, including on fundamental rights.
Amendment 778 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile. Forced return escorts with a child protection profile shall be included in the pool and required for any return operation involving children.
Amendment 784 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Agency shall constitute a pool of return specialists from national competent bodies and from the staff of the Agency, who have the skills and expertise required for carrying out return-related activities and who have been trained in accordance with Article 35. Those specialists shall be made available to carry out specific tasks, such as identification of particular groups of third-country nationals, the acquisition of travel documents from third countries and facilitation of consular cooperation, without disclosing if the third-country national had requested asylum.
Amendment 791 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. In circumstances where Member States are facing a heavy burden when implementing the obligation to return illegalrregularly staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon request of one or more Member States, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist in the deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States. Member States shall regularly inform the Agency of their needs for technical and operational assistance, and the Agency shall draw up a rolling plan for return interventions on this basis. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be present throughout the entire return intervention until arrival at the third country of return.
Amendment 793 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. In circumstances where Member States are facing specific and disproportionate pressure when implementing their obligation to return illegalrregularly staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon the request of one or more Member States, provide the appropriate technical and operational assistance in the form of a rapid return intervention. The Agency may propose on its own initiative to provide to the Member States such technical and operational assistance. A rapid return intervention may consist in the rapid deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be present throughout the entire rapid return intervention until arrival at the third country of return.
Amendment 796 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The operational plan shall be drafted in accordance with Article 15, shall be binding on the Agency, the host Member States and the participating Member States, and it shall cover all aspects that are necessary for carrying out the return intervention, in particular the description of the situation, objectives, the start and foreseeable duration of the intervention, geographical coverage and possible deployment to third countries, composition of the European Return Intervention Team, description of the tasks and responsibilities of the European Return Intervention Team, detailed provisions on fundamental rights safeguards, including on proportionate use of force in accordance with Article 39(6), logistics, financial provisions, modalities of cooperation with third countries, other Union agencies and bodies, relevant international and non-governmental organisations. Any amendment to or adaptation of the operational plan shall require the agreement of the Executive Director, the host Member State and the participating Member States. A copy of the amended or adapted operational plan shall be immediately sent by the Agency to the Member States concerned and the Management Board.
Amendment 805 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, and relevant international law, including, the Convention Relating to the Status of Refugees and the Convention on the Rights of the Child and obligations related to access to international protection, in particular with regards to the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy, including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency.
Amendment 813 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution, or other inhuman or degrading treatment or punishment, or 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 in contravention of the principle of non-refoulement, or from which there is a risk of expulsion, removal, extradition or return to another country in contravention of that principle.
Amendment 816 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account theand address the rights and special needs of children, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 822 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In the performance of all its tasks, including the further development and implementation of an effective mechanism to monitor the respect for fundamental rights, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the Consultative Forum and the Fundamental Rights Officer.
Amendment 824 #
Proposal for a regulation
Article 33 – paragraph 4 a (new)
Article 33 – paragraph 4 a (new)
4a. The Agency shall include a detailed programme for the further development and implementation of the Fundamental Rights Strategy in its annual and multiannual work programme and report on it in its annual activity report.
Amendment 830 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Agency shall develop and regularly update a Code of Conduct for the return of illegalrregularly staying third-country nationals which shall apply during all return operations and return interventions coordinated or organised by the Agency. That Code of Conduct shall describe common standardised procedures to simplify the organisation of return operations and return interventions, and assure return in a humane manner and with full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, the right to liberty and security and the right to the protection of personal data and non- discrimination.
Amendment 835 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The Agency shall take the necessary initiatives to ensure that all border guards and other relevant staff of the Member States who participate in the European Border and Coast Guard Teams, as well as the staff of the Agency, have received, prior to and staff and border guards of theird countries participationg in an operational activitiesy organised by the Agency have received, prior to their participation in such activities, training in relevant Union and international law, including on fundamental rights, access to international protection, guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate facilities, guidelines for addressing the special needs of children, including unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, and other particularly vulnerable persons, and search and rescue.
Amendment 840 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The Agency shall take the necessary initiatives to ensure training for staff involved in return-related tasks to be part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all staff who participate in return operations and in return interventions, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including fundamental rights and access to international protection, proportionality in the use of force, access to international protection and access to referral mechanisms for vulnerable persons.
Amendment 842 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Agency shall establish and further develop common core curricula for the training of border guards and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights, access to international protection and relevant maritime law. The Agency shall draw up the common core curricula in cooperation with the Fundamental Rights Officer and after consulting the Consultative Forum. Member States shall integrate the common core curricula in the training of their national border guards and staff involved in return-related tasks.
Amendment 850 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems, and for return. The Agency shall disseminate the results of that research to the Commission, the European Parliament and the Member States. It may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventions.
Amendment 859 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The Agency may plan and, subject to approval by the European Parliament and the Council, implement pilot projects regarding matters covered by this Regulation.
Amendment 861 #
Proposal for a regulation
Article 36 – paragraph 4 a (new)
Article 36 – paragraph 4 a (new)
4a. The Agency shall make public all its research projects, including demonstration projects, the cooperation partners involved and the project budget.
Amendment 862 #
Proposal for a regulation
Article 36 – paragraph 4 b (new)
Article 36 – paragraph 4 b (new)
4b. The Agency shall ensure lobby transparency by disclosing all its meetings with third party stakeholders.
Amendment 866 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. The Agency shall set up and keep centralised records of equipment in a technical equipment pool composed of equipment owned either by the Member States or by the Agency and equipment co- owned by the Member States and the Agency for external border control, search and rescue or return purposes.
Amendment 872 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Members of the teams shall wear their own uniform while performing their tasks and exercising their powers. They shall wearvisibly wear an identification number and a blue armband with the insignia of the Union and the Agency on their uniforms, identifying them as participating in a joint operation, pilot project, rapid border intervention, return operation or return intervention. For the purposes of identification vis-à-vis the national authorities of the host Member State, members of the teams shall, at all times, carry an accreditation document, which they shall present upon request.
Amendment 876 #
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
6. While performing their tasks and exercising their powers, members of the teams shall be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State, as well as with international human rights law, including the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the Charter of Fundamental Rights. The host Member State may, with the consent of the home Member State, authorise members of the teams to use force in the absence of border guards of the host Member State.
Amendment 877 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. Service weapons, ammunition and equipment may be used in legitimate self- defence and in legitimate defence of members of the teams or of other persons, in accordance with the national law of the host Member State, as well as with international human rights law and the Charter of Fundamental Rights.
Amendment 881 #
Proposal for a regulation
Article 39 – paragraph 8 a (new)
Article 39 – paragraph 8 a (new)
8a. The host Member States authorities shall be the data controllers for the processing of any personal data collected or processed by members of the teams while performing their tasks and exercising their powers.
Amendment 884 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where members of the teams are operating in a host Member State, that Member State shall be liable in accordance with its national lawand the Agency shall be jointly and severally liable for any damage caused by them during their operations. Where members of the teams are operating in a third country, the Agency shall be liable for any damage caused by them during their operations.
Amendment 887 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where such damage is caused by gross negligence or willful misconduct, the host Member State or the Agency 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.
Amendment 892 #
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Any dispute between Member States or between a Member State and the Agency relating to the application of paragraphs 1, 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 TFEUthe Treaties.
Amendment 899 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Without prejudice to Article 47, the transfer of personal data processed by the Agency and the onward transfer by Member States to authorities of third countries or third parties, including international organisations, of personal data processed in the framework of this Regulation shall be prohibited.
Amendment 903 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. A Member State or other Union Agency providing personal data to the Agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1. If it has not done so, the Agency in consultation with the provider of personal data concerned shall process it in order to determine its necessity in relation to the purpose or the purposes as referred to in paragraph 1 for which it shall be further processed. The Agency may process information for a different purpose than the one in paragraph 1 only if authorised by the data provider of the information.
Amendment 904 #
Proposal for a regulation
Article 46 – title
Article 46 – title
Processing of personal data collected during joint operations, pilot projects and rapid border interventions and by migration management support teams for migration management purposes
Amendment 908 #
Proposal for a regulation
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-border criminal activities, including in facilitating irregular immigration activities,migrant smuggling or in trafficking in human beings or terrorism;
Amendment 909 #
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
(b) personal data regarding persons who cross the external borders illegalrregularly and whose data is collected by the European Border and Coast Guard Teams, including when acting in the framework of the migration management support teams;
Amendment 912 #
Proposal for a regulation
Article 46 – paragraph 1 – point c
Article 46 – paragraph 1 – point c
(c) license plate numbers, telephone numbers or ship identification numbers, which are linked to the persons referred to in (a) and (b), and which are necessary for investigating and analysing routes and methods used for irregular immigration and cross-border criminal activities.
Amendment 914 #
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) where transmissionto the European Asylum Support Office, Europol or Eurojust is necessary for use in accordance with theirits respective mandates and in accordance with Article 51;
Amendment 915 #
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) where transmission to the authorities of the relevant Member States which are responsible for border control, migration, or asylum or law enforcement is necessary for use in accordance with national legislation and national and EU data protection rules;
Amendment 916 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The personal data shall be deleted as soon as they have been transmitted to the European Asylum Support Office, Europol or Eurojust or to the competent authorities of Member States or used for the preparation of risk analyses. The term of storage shall in any event not exceed three months after the date of the collection of those data. In the result of the risk analyses, data shall be anonymised.
Amendment 917 #
Proposal for a regulation
Article 46 – paragraph 3 a (new)
Article 46 – paragraph 3 a (new)
Amendment 918 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a Processing of personal data collected during joint operations, pilot projects and rapid border interventions and by migration management support teams for internal security purposes 1. Any processing, collection, storage or use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams for the purposes of ensuring a high level of internal security within the Union shall be limited to what is strictly necessary and proportionate, and shall be limited to personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-border serious crime or terrorism. 2. Personal data referred to in paragraph 1 may be processed by the Agency in the following cases: (a) where transmission to Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 51; (b) where transmission to the authorities of the relevant Member States which are responsible for law enforcement is necessary and proportionate for use in accordance with national legislation and national and EU data protection rules. 3. Any personal data shall be deleted 45 days after the date of collection. 4. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be allowed only where strictly necessary, subject to appropriate safeguards for the rights and freedoms of the data subject, and only to protect the vital interests of the data subject or of another natural person.
Amendment 919 #
Proposal for a regulation
Article 46 b (new)
Article 46 b (new)
Article 46b Transparency and information provided to data subjects 1. Data subjects whose personal data is collected by the Agency or the Member States shall be informed of the processing of personal data concerning them, the purpose(s) of the processing and the specific rights that they are entitled to as data subjects. The Agency and the Member States shall ensure that data subjects are properly informed in a form that they can reasonably understand. 2. This information should be conveyed in an age-appropriate manner when the person concerned is a minor, using clear and simple language, in a language that he or she can understand, and avoiding legal terminology that he or she might not be familiar with. 3. This Article is without prejudice to the obligations under Regulation (EC) No 45/2001.
Amendment 926 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the objectives of preventing and combating irregular immigration and cross-border crime including the facilitation of irregular immigration, trafficking in human being and terrorism.
Amendment 930 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
To that end, the Agency mayshall cooperate with international organisations competent in matters covered by this Regulation, in particular the Office of the United Nations High Commissioner for Refugees, the Office of the United Nations High Commissioner for Human Rights and the Commissioner for Human Rights of the Council of Europe.
Amendment 931 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Such cooperation shall take place within the framework of working arrangements concluded with those bodies. Such arrangements shall have received the Commission’'s prior approval. In every case the Agency shall inform the European Parliament of any such arrangements and make them public on its website.
Amendment 932 #
Proposal for a regulation
Article 51 – paragraph 4
Article 51 – paragraph 4
4. The Union institutions, agencies, bodies, and offices and international organisations referred to in paragraph 1, shall use information received by the Agency only within the limits of their competences and in compliance with fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to other Union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, agency or international organisation or agency concerned shall comply with security rules and standards equivalent to those applied by the Agency. Any transfer of personal data to other third parties shall be in line with Article 44 (4).
Amendment 934 #
Proposal for a regulation
Article 52 – paragraph 1 – introductory part
Article 52 – paragraph 1 – introductory part
1. The Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and where appropriat, including search and rescue, at international and Union level by:
Amendment 935 #
Proposal for a regulation
Article 52 – paragraph 1 – point b
Article 52 – paragraph 1 – point b
Amendment 939 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The modalities of the cooperation on coast guard functions of the European Border and Coast Guard Agency with the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with the financial rules applicable to the Agencies. The agencies shall use information received in the context of their cooperation only within the limits of their legal framework and in compliance with fundamental rights, including data protection requirements.
Amendment 949 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the protection of fundamental rights and the Convention Relating to the Status of Refugees. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards. , especially with regards to respect for fundamental rights and human dignity.
Amendment 960 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and neighbouring third countries in the field of management of external borders, and it shall have the possibility of carrying out joint operations at the external borders involving one or more Member States and a neighbouring third country neighbouringwhich shares a land border to at least one of those Member States and which ratified and implement in full the European Convention on Human Rights and the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol thereto, subject to the agreement of that neighbouring third country, including on the territory of that third country. The CommissOperations shall be informed of such activitiecarried out on the basis of an operational plan agreed also by the Member State bordering the operational area. The participation of Member States in joint operations on the territory of third countries shall be on a voluntary basis.
Amendment 964 #
Proposal for a regulation
Article 53 – paragraph 3 a (new)
Article 53 – paragraph 3 a (new)
3a. During such an operation, no person shall, in contravention of the principle of non-refoulement, be conducted to or otherwise handed over to the authorities of a third country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or 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 from which there is a serious risk of an expulsion, removal or extradition to another country in contravention of the principle of non- refoulement.
Amendment 967 #
Proposal for a regulation
Article 53 – paragraph 3 b (new)
Article 53 – paragraph 3 b (new)
3b. A status agreement shall be concluded by the EU with the third country, based on Article 218(6)(v) TFEU, for the deployment of the members of the teams in actions where members of the teams will conduct executive powers, or in other actions when necessary. This agreement shall cover all aspects that are necessary for carrying out the actions, in particular the description of the scope of the operation, civil and criminal liability, tasks and powers of the members of the teams, detailed provisions on information exchange and data protection and on fundamental rights safeguards, including provisions on the monitoring of fundamental rights and the complaints mechanism. The agreement shall ensure the full respect of fundamental rights during these operations.
Amendment 968 #
Proposal for a regulation
Article 53 – paragraph 3 c (new)
Article 53 – paragraph 3 c (new)
3c. Before any such agreement is concluded, the Commission shall verify that its provisions comply with this Regulation as well as with the relevant Union and international law on fundamental rights and on international protection, including the Charter of Fundamental Rights, the Convention Relating to the Status of Refugees and the Convention on the Rights of the Child, in particular the principle of non- refoulement and the right to an effective remedy, and with the provisions on information exchange and data protection in this regulation. The assessment shall be based on information derived from a broad range of sources, which include Member States, Union bodies, offices and agencies, relevant international organisations and NGOs. The Commission shall forward its assessment to the European Parliament and the Council.
Amendment 969 #
Proposal for a regulation
Article 53 – paragraph 3 d (new)
Article 53 – paragraph 3 d (new)
3d. The Commission shall draw up a model status agreement for actions on the territory of third countries.
Amendment 972 #
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. The Agency may also, with the agreement of the Member States concerned invite observers from third countries to participate in its activities at the external borders referred to in Article 13, return operations referred to in Article 27, return interventions referred to in Article 32 and training referred to in Article 35, to the extent that their presence is in accordance with the objectives and operational plans of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety and compliance of fundamental rights of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 13, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation.
Amendment 979 #
Proposal for a regulation
Article 53 – paragraph 8
Article 53 – paragraph 8
Amendment 982 #
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
9. The Agency shall inform the European Parliament of the activities referred to in paragraphs 2 and 3publish its agreements and working arrangements with third countries on its website. The Agency shall report to the European Parliament at least every three months on its cooperation with third countries. A detailed assessment of the cooperation with third countries, including detailed information on compliance with fundamental rights and international protection, shall be included into the annual report of the Agency.
Amendment 987 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding irregular immigration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board. Liaison officers shall only be deployed to third countries in which border management practices comply with minimum human rights standards.
Amendment 989 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The tasks of the Agency’'s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegalrregularly staying third-country nationals and to promoting fundamental rights in these areas. Those liaison officers shall coordinate closely with Union delegations.
Amendment 993 #
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the Commission, and the European Parliament shall receive this opinion and shall be fully informed of those activities as soon as possiblewithout delay.
Amendment 998 #
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties. In cases referred to in Article 41 the Agency shall be liable for any damages caused by members of the teams during their operations, in particular, the damages caused by violations of fundamental rights.
Amendment 1005 #
Proposal for a regulation
Article 60 – paragraph 1 – point d
Article 60 – paragraph 1 – point d
Amendment 1007 #
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
In addition, the Agency shall establish an independent Consultative Forum.
Amendment 1015 #
Proposal for a regulation
Article 61 – paragraph 1 – point c
Article 61 – paragraph 1 – point c
(c) adopt drecisommendations setting out corrective measures in accordance with Article 12(6);
Amendment 1016 #
Proposal for a regulation
Article 61 – paragraph 1 – point q a (new)
Article 61 – paragraph 1 – point q a (new)
(qa) shall advise the Executive Director on the measures needed to be taken for the practical execution of the Commission recommendation related to a situation requiring urgent action at the external borders, including the technical equipment and staff needed to meet the objectives of that decision in accordance with Article 18(3).
Amendment 1025 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
1. The Management Board shall, by 30 November each year, adopt a programming document containing the Agency’'s multiannual programming and annual programming for the following year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and, as regards the multiannual programming, after having consulted the European Parliament. The Management Board shall forward that document to the European Parliament, the Council and the Commission without delay.
Amendment 1026 #
Proposal for a regulation
Article 63 – paragraph 3
Article 63 – paragraph 3
3. The multiannual programming shall set out overall strategic programming in the medium and long term, including the objectives, expected results and performance indicators, as well as resource planning, including the multiannual budget and staff. The multiannual programming shall set the strategic areas of interventions and explain what needs to be done to achieve the objectives. It shall include a strategy for the monitoring and respect for fundamental rights and for relations with third countries and international organisations, as well as the actions linked to that strategyies.
Amendment 1028 #
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. The European Parliament or the Council may invite the Executive Director to report on the carrying out of his or her tasks, in particularcluding on the implementation and monitoring of the Fundamental Rights Strategy, the consolidated annual activity report of the Agency for the previous year, the work programme for the following year and the Agency’'s multiannual programming or any other matter related to the activities of the Agency. The Executive Director shall make a statement before the European Parliament and report to it regularly or whenever so requested.
Amendment 1031 #
Proposal for a regulation
Article 67 – paragraph 3 – point c
Article 67 – paragraph 3 – point c
(c) to prepare each year the programming document and to submit it to the Management Board after consulting the Commission and the European Parliament;
Amendment 1035 #
Proposal for a regulation
Article 67 – paragraph 3 – point g
Article 67 – paragraph 3 – point g
(g) to adopt a drecisommendation on corrective measures in accordance with Article 12(5), including to propose to Member States to initiate and carry out joint operations, rapid border interventions or other action referred to in Article 13(2);
Amendment 1037 #
Proposal for a regulation
Article 67 – paragraph 3 – point k
Article 67 – paragraph 3 – point k
(k) to ensure the implementation of the Commission drecision referred to inommendation in accordance with Article 18;
Amendment 1038 #
Proposal for a regulation
Article 67 – paragraph 3 – point l
Article 67 – paragraph 3 – point l
(l) to withdraw financing of a joint operation or rapid border intervention, a pilot project, a migration management support team, a return operation or a return intervention or to suspend or terminate such operations in accordance with Article 24;
Amendment 1039 #
Proposal for a regulation
Article 67 – paragraph 3 – point m
Article 67 – paragraph 3 – point m
(m) to evaluate the results of joint operations and rapid border interventions, pilot projects, migration management support teams, return operations, return interventions and operational cooperation with third countries in accordance with Article 25;
Amendment 1049 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board on the grounds of merit and documented high-level administrative and management skills, as well as senior professional experience in the field of management of the external borders and return. The Management Board shall take its decision by a two- thirds majority of all members with a right to vote. The European Parliament shall confirm the appointment of the Executive Director, after having heard the candidate.
Amendment 1056 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 2
Article 68 – paragraph 2 – subparagraph 2
Power to dismiss the Executive Director shall lie with the Management Board, acting on a proposal from the Commission or the European Parliament, according to the same procedure.
Amendment 1080 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Agency shall invite the European Asylum Support Office, the European Union Agency for Fundamental Rights, the United Nations High Commissioner for Refugees and other relevant organisations to participate in the Consultative Forum. On a proposal by the Executive Director, the Management Board shall decide on the composition and the working methods of the Consultative Forum and the modalities of the transmission of information to the Consultative Forum. The Consultative Forum shall define its working methods and set up its working programme.
Amendment 1085 #
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. The Consultative Forum shall be consulted on the further development and implementation of the Fundamental Rights Strategy, Codes of Conduct and common core curricula, agreements with third countries, the complaint mechanism, operational plans and common core curricula as well as for establishing the criteria referred to in Article 12 and Article 24.
Amendment 1086 #
Proposal for a regulation
Article 70 – paragraph 3 a (new)
Article 70 – paragraph 3 a (new)
3a. The Agency shall inform the Consultative Forum how it has altered or not its activities as a response to reports and recommendations of the Consultative Forum and include details in its annual report.
Amendment 1089 #
Proposal for a regulation
Article 70 – paragraph 5
Article 70 – paragraph 5
5. The Consultative Forum shall have access to all information concerning the respect for fundamental rights in a timely and effective manner, including by carrying out on spot visits to any joint operations or, rapid border interventions subject to the agreement of the host Member State, pilot project, migration management support teams, return operation or return intervention, including in third countries.
Amendment 1091 #
Proposal for a regulation
Article 70 – paragraph 5 a (new)
Article 70 – paragraph 5 a (new)
5a. The Consultative Forum shall be supported by a professional and independent secretariat with full control over its own budget, which shall be sufficient to carry out its mandate and proportionate to the dimensions of the Agency and to the growth of its budget.
Amendment 1099 #
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, he or she shall report directly to the Management Board and cooperate with the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.
Amendment 1106 #
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Fundamental Rights Officer shall be consulted, inter alia, on the operational plans drawn up in accordance with Articles 15, 16, 27 and 32(4) and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency, on the operations of the Agency in the context of Migration Management Support Teams, on vulnerability assessments, codes of conduct, cooperation with third countries, the withdrawing of the financing, the suspension or termination of an activity of the Agency and training curricula and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency, including by carrying out on spot visits to any joint operation, rapid border intervention, pilot project, migration management support teams, return operation or return intervention, including in third countries. The Fundamental Rights Officer shall be responsible for establishing, further developing and implementing the complaint mechanism.
Amendment 1111 #
Proposal for a regulation
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3a. The Agency shall ensure that the Fundamental Rights Officer has sufficient staff and resources to fulfil its tasks. The Fundamental Rights Officer shall have control over its budget.
Amendment 1117 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Any person who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support teams, return operation or return intervention, and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any third parties intervening on behalf of such a person, may submit a complaint, in writing, to the Agency.
Amendment 1121 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which are anonymous, malicious, frivolous, vexatious, or hypothetical or inaccurate shall be excluded from the complaint mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant.
Amendment 1126 #
Proposal for a regulation
Article 72 – paragraph 4
Article 72 – paragraph 4
4. The Fundamental Rights Officer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the Fundamental Rights Officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints within three weeks to the Executive Director, forward complaints concerning border guards to the home Member State or third country, including the relevant authority or body competent for fundamental rights, and register and ensure the follow-up by the Agency or that Member State. , that Member State or that third country. The Fundamental Rights Officer shall inform the complainant of the decision on admissibility, and of the national authorities to which his or her complaint was forwarded. In case the Fundamental Rights Officer found a complaint inadmissible, it shall inform the complainant of the reasons thereof. Any decision shall be in written form and reasoned.
Amendment 1130 #
Proposal for a regulation
Article 72 – paragraph 5
Article 72 – paragraph 5
5. In case of a registered complaint concerning a staff member of the Agency or seconded members of the teams or seconded national experts, the Executive Director shall ensure appropriate follow- up, including disciplinary measures as necessarynd referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The Executive Director shall report back to the Fundamental Rights Officer as to the findings and follow-up given by the Agency to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter.
Amendment 1133 #
Proposal for a regulation
Article 72 – paragraph 6
Article 72 – paragraph 6
6. In case of a registered complaint concerning a border guard of a host Member State or a member of the teams, including seconded members of the teams or seconded national experts,or a third country the home Member State or the third country shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance withnd referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The relevant Member State or third country shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter. In case the relevant Member State or third country does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter.
Amendment 1139 #
Proposal for a regulation
Article 72 – paragraph 6 a (new)
Article 72 – paragraph 6 a (new)
6a. The Agency and the Member States shall provide for an appeal procedure in cases where a complaint is declared inadmissible, is rejected or the follow-up considered inappropriate by the complainant.
Amendment 1140 #
Proposal for a regulation
Article 72 – paragraph 6 b (new)
Article 72 – paragraph 6 b (new)
6b. The Executive Director shall withdraw financial compensation to a Member State or third country which does not take an appropriate follow-up including disciplinary, civil and/or criminal justice measures as necessary or other measures in accordance with national law. In case a border guard has been found to have violated fundamental rights or international protection obligations, the Agency shall request the Member State or third country concerned to remove the border guard or seconded national expert immediately from the activity of the Agency or the rapid reserve pool, and pursue appropriate disciplinary or civil or criminal justice measures.
Amendment 1142 #
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7a. A report on received complaints, the types of fundamental rights violations, the activities of the Agency concerned, the Member State or third country concerned and the follow-up shall be included into the annual activity report of the Agency.
Amendment 1147 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 1
Article 72 – paragraph 9 – subparagraph 1
The Fundamental Rights Officer shall, after consulting the Consultative Forum, draw upestablish the procedure for the complaints mechanism, including a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights. The Fundamental Rights Officer shall submit that form to the Executive Director and to the Management Board.
Amendment 1152 #
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languages and that it shall be made availablepeople are informed about the possibility and procedure to make complaint, or use other legal remedies, including recourse to the Court of Justice of the European Union or other regional and international bodies and to legal aid, that the standardized complaint form is available in languages that asylum seekers and migrants understand or may be reasonably supposed to understand on the Agency’'s website and in hardcopy during all activities of the Agency, and that further guidance and assistance on the complaints procedure is provided to alleged victims and on request. Information tailored to children shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1154 #
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 1
Article 72 – paragraph 10 – subparagraph 1
Any personal data contained in a complaint shall be handled and processed by the Agency and the Fundamental Rights Officer in accordance with Regulation (EC) No 45/2001 and by Member States in accordance with Directive 95/46/EC and, where the data are processed by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in accordance with Council Framework Decision 2008/977/JHA.
Amendment 1156 #
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 2
Article 72 – paragraph 10 – subparagraph 2
Amendment 1158 #
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 3
Article 72 – paragraph 10 – subparagraph 3
In order to safeguard the interest of the complainants, complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality. Any waiver of confidentiality shall be valid only where given by a freely given, specific, informed and unambiguous indication of the complainant's wishes. The Agency shall be able to demonstrate that the confidentiality was waived. For complainants who waive their right to confidentiality, it is understood that he or she consents to the Fundamental Rights Officer or the Agency disclosing his or her identity to the competent authority and the relevant authority or body competent for fundamental rights of the relevant Member State in relation to the matter under complaint.
Amendment 1160 #
Proposal for a regulation
Article 72 a (new)
Article 72 a (new)
Article 72a Respective roles of the Fundamental Rights Officer and the Data Protection Officer 1. Data protection rights and related complaints submitted by data subjects shall be dealt with separately by the Data Protection Officer established in accordance with Article 44(1) of this Regulation. 2. The Fundamental Rights Officer and the Data Protection Officer shall establish, in written, a Memorandum of Understanding specifying their division of tasks as regards complaints received.
Amendment 1161 #
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. The Agency mayshall communicate on its own initiative in the fields within its mission. It shall make public relevant information such as the consolidated annual activity report referred to in Article 61(1)(d), the annual work programme, the Code of Conducts, the risk analyses, detailed descriptions of past and current joint operation, rapid border intervention, pilot project, migration management support teams, return operation or return intervention, including in third countries, work arrangements with third countries or other EU Agencies and ensure in particular that the public and any interested party are rapidly given objective, detailed, reliable and easily understandable information with regard to its work.
Amendment 1162 #
Proposal for a regulation
Article 74 a (new)
Article 74 a (new)
Article 74a Reports and information to the European Parliament 1. The European Parliament or the Council may invite the Executive Director to report on the carrying out of his or her tasks, including on the implementation and monitoring of the Fundamental Rights Strategy, the consolidated annual activity report of the Agency for the previous year, the work programme for the following year and the Agency's multiannual programming. The Executive Director shall report to the European Parliament and answer any questions put by its members, whenever so requested. 2. The Executive Director shall report in writing on the main activities of the Authority to the European Parliament when requested and at least 5 days before making the report referred to in paragraph 1. 3. In addition to information referred to in paragraph 1 the report shall also include any relevant information requested by the European Parliament on an ad-hoc basis. 4. The Commission shall forward all official documents of the Agency, including inter alia vulnerability assessments, operational plans and evaluations thereof, without delay to the European Parliament. Confidential information within the meaning of Annex 2 of the Interinstitutional Agreement between the European Parliament and the Commission shall be dealt with according to this Agreement. All members of the Parliament shall get access to these documents.
Amendment 1163 #
Proposal for a regulation
Article 75 – paragraph 13 a (new)
Article 75 – paragraph 13 a (new)
13a. The budget, including the establishment plan, shall include sufficient financing of the Fundamental Rights Strategy and the Fundamental Rights Officer amounting to at least 5% of the overall budget.
Amendment 1167 #
Proposal for a regulation
Article 79 – paragraph 5
Article 79 – paragraph 5
Amendment 1168 #
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
By three years from the date of entry into force of this Regulation, and every three years thereafter, the Commission shall carry out an independent evaluation to assess particularly the impact, effectiveness and efficiency of the Agency’'s performance and its working practices in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. The evaluation shall be carried out by an independent external contractor or body.
Amendment 1173 #
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 2
Article 80 – paragraph 1 – subparagraph 2
The evaluation shall include a specific analysis on the way the Charter of Fundamental Rights and respective Union legislation was complied with in the application of this Regulation. This analysis shall be carried out in cooperation with the Agency for Fundamental Rights and in consultation with the Consultative Forum.
Amendment 1174 #
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. The Commission shall send without delay the evaluation report together withand its conclusions on the report, to the European Parliament, the Council and the Management Board. The evaluation report and the conclusions on the report shall be made public.
Amendment 1175 #
Proposal for a regulation
Article 80 – paragraph 3
Article 80 – paragraph 3
3. On the occasion of every second evaluation, tThe Commission shall assess the results achieved by the Agency having regard to its objectives, mandate and task, tasks and compliance with the Charter of Fundamental Rights.