BETA

41 Amendments of Monika HOHLMEIER related to 2018/0330(COD)

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Recital 61

(61) To overcome the persistent gaps in the voluntary pooling of technical equipment from Member States, in particular as regards large-scale assets, the Agency should have its own necessary equipment to be deployed in joint operations or rapid border interventions or any other operational activities. These assets should be enabled to allow the exercise powers of enforcement as being on the government service of the Member State of the registration, in accordance with the international law1a, in particular when they operate on the high seas. While the Agency has been legally able to acquire or lease its own technical equipment since 2011, this possibility was significantly hindered by the lack of budgetary resources. _________________ 1a see Article 224 “Exercise of powers of enforcement” of United Nations Convention on the Law of the Sea (UNCLOS) and Article 8 “Measures against the smuggling of migrants by sea” and 9(4) of the Protocol against the smuggling of migrants by land, sea and air […]).

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Recital 98

(98) Any processing of personal data by the Agency within the framework of this Regulation should be conducted in accordance with Regulation (E~~C) No 45/2001~~U) 2018/1725, including the processing of operational personal data, pursuant to the Chapter IX of Regulation (EU) 2018/1725.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 1 – paragraph 2

The Regulation addresses migratory challenges, including return, and potential future threats at those borders, and the pre- frontier area thereby contributing to addressing serious crime with a cross- border dimension, to ensure a high level of internal security within the Union in full respect for fundamental rights, while safeguarding the free movement of persons within it.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 10 – paragraph -1 (new)

-1 The Agency shall support the implementation of the European Integrated Border Management with a view to: (a) migration management and the fight against illegal immigration; (b) internal security within the Union in relation to the prevention and detection of cross-border crime and terrorism; (c) facilitation of the movement of bona fide (legitimate) travellers.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 10 – paragraph 1 – point 32 a (new)

32 a. assist Member States in the prevention and detection of cross-border crime, such as migrant smuggling, trafficking in human beings and terrorism at the external borders and at the pre- frontier area.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 10 – paragraph 1 – point 32 b (new)

32 b. assist Member States in the facilitation of the crossing of the external borders by bona fide (legitimate) travellers.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 32 – paragraph 6

6. The report of the liaison officer shall form part of the vulnerability assessment as referred to in Article 33. ~~The report shall be transmitted to the Member State concerned.~~

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 33 – paragraph 2

2. The Agency shall monitor and assess the availability of the technical equipment, systems, capabilities, resources, infrastructure, adequately skilled and trained staff of Member States necessary for border control as defined in Article 3(1)(a). In thise context of border control, the Agency shall assess the capability development plans referred to in Article 67 (4) as regards their feasibility and implementation. For future planning it shall do so as a preventive measure on the basis of a risk analysis prepared in accordance with Article 30 (2). The Agency shall carry out such monitoring and assessment at least once a year, unless the executive director, based on risk assessments or a previous vulnerability assessment, decides otherwise.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 33 – paragraph 9 – subparagraph 2

In case of ~~a risk of~~ delay in the implementation of a recommendation by a Member State within the set time-limit, the Executive Director shall ~~immediately~~ inform the member of the Management Board from the Member State concerned and the Commission and enquire with the relevant authorities of that Member State on the reasons for the delay and offer support by the Agency to facilitate the implementation of the measure.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 39 – paragraph 3 – point j

(j) regarding sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place, including references to national, international and Union law regarding interception, rescue at sea ~~and~~, disembarkation and the powers of enforcement, in accordance with Article 63(5), where applicable. In that regard the operational plan shall be established in accordance with Regulation (EU) No 656/2014;

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 62 – paragraph 2

2. The Agency shall ensure that all the staff members recruited to act as operational staff of the European Border and Coast Guard standing corps have received adequate training in relevant Union and international law, including on fundamental rights, access to international protection and, where appropriate, search and rescue, prior to their initial deployment in operational activities organised by the Agency. For that purpose, the Agency shall, based on agreements with selected Member States, implement the necessary training programmes in their national academies. The cost of training shall be entirely covered by the Agency.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 62 a (new)

Article 62 a European Border and Coast Guard Training Centre 1. For the purpose of Article 62 (1), (2), (3) and (4) the Agency shall establish a European Border and Coast Guard Training Centre to implement relevant training programmes. The European Border and Coast Guard Training Centre shall ensure that the European Border and Coast Guard standing corps is trained adequately to carry out border control or return tasks, including the tasks requiring executive powers and respond effectively to the operational needs of the Member States, supporting the development of a common border and coast guard culture, upholding Union values. 2. The European Border and Coast Guard Training Centre should also deliver specialized training to support the implementation of European Integrated Border Management.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 63 – paragraph 5

5. On the basis of a model agreement drawn up by the Agency and approved by the management board, the Member State of registration and the Agency shall agree on terms ensuring the operability of the equipment. In addition to that, regarding major technical equipment such as aircraft, helicopters or vessels, the Member State of registration shall authorise this equipment as being on government service, and to exercise its powers of enforcement in accordance with national, international and Union law. In the case of co-owned assets, the terms shall also cover the periods of full availability of the assets for the Agency and determine the use of the equipment, including specific provisions on rapid deployment during rapid border interventions.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1

The Agency shall cooperate with Union institutions, bodies, offices and agencies, ~~and international organisations,~~ within their respective legal frameworks and make use of existing information, capabilities and systems available in the framework of EUROSUR.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1 a (new)

The Agency may cooperate with international organisations, within their respective legal frameworks. The Agency may cooperate in particular with: (a) International Criminal Police Organization (INTERPOL); (b) United Nations through its relevant offices, agencies, organisations and other entities, in particular UNHCR, IOM, UNODC and ICAO; (c) the Maritime Analysis and Operations Centre - Narcotics (MAOC-N); (d) Organisation for Security and Co- operation in Europe (OSCE); (e) World Customs Organisation (WCO).

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 69 – paragraph 2

2. Cooperation referred to in paragraph 1 and 1a shall take place within the framework of working arrangements concluded with the entities referred to in paragraphs 1 and 1a. ~~Such arrangements shall have received the Commission's prior approval~~For entities referred to in paragraph 1a, such arrangements shall be concluded after consultation with the Commission. In every case, the Agency shall inform the European Parliament of any such arrangements.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 77 – title

Role of the Commission and the European External Action Service with regard to cooperation with third countries

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 77 – paragraph 6

6. Before any working arrangements with third ~~parties or third~~ countries are concluded, the Agency shall notify them to the Commission, which shall give its prior approval. Once working arrangements are concluded, the Agency shall notify them to the Commission, which shall inform the European Parliament and the Council thereof.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 77 – paragraph 7 a (new)

7 a. The Commission, the External Action Service and the Agency shall regularly exchange information on the developments and actions within the remit of this Regulation, with an aim to ensure coherence between EU’s external action policy and operational engagement with third countries, and to promote coherent standards for the implementation of IBM in the external dimension.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 83 – paragraph 1

1. Members of the teams deployed from the European Border and Coast Guard standing corps shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of Regulation (EU) 2016/399, Regulation (EU) 656/2014 and Directive 2008/115/EC.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 87 – paragraph 1

1. The Agency shall apply [Regulation (ECU) ~~No 45/2001]~~2018/1725 when processing personal data. In particular, the processing of personal data for the purpose of exchanges with law enforcement authorities or for risk analysis shall be governed by Chapter IX of Regulation (EU) 2018/1725.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 87 – paragraph 2

2. The management board shall take the necessary ~~administrative~~implementing measures to apply[ Regulation (ECU) ~~No 45/2001]~~2018/1725 by the Agency, ~~including those~~as well as implementing measures concerning the data protection officer of the Agency, in particular with a view to his or her tasks, duties and powers.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 87 a (new)

Article 87 a Sources of personal data and ownership of data 1. The Agency may process operational personal data obtained from: a. Member States; b. staff of the Agency; c. European Border and Coast Guard standing corps; d. other Union bodies, agencies and offices in particular those listed in Article 69(1); e. third countries or international organisations; f. open sources. 2. The party providing the personal data retains the ownership of that data as well as the responsibilities related to data accuracy. When personal data is provided by the sources listed in Article 87a (1)(b), (e) and (f) the responsibility lies, in principle, with the Agency.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 88 – title

PGeneral purposes ofor the processing of personal data

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 88 – paragraph 1 – point a

(a) performing its tasks ~~of organising and coordinating~~related to joint operations, pilot projects, rapid border interventions and in the framework of the migration management support teams in accordance with Articles 37 and following;

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 88 – paragraph 2

2. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in paragraph 1. The Agency may process such personal data for a different purpose which also falls under paragraph 1 only if authorised by the provider of the personal datadeleted

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 88 – paragraph 3

3. Member States and other Union agencies may indicate, at the moment of transmitting personal data, any restrictions on access to those data or use of them, in general or specific terms, including as regards their transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer of personal data, they shall inform the Agency accordingly. The Agency shall comply with such restrictionsdeleted

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 88 a (new)

Article 88 a Determination of the purpose of processing personal data and restrictions 1. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in Article 88(1). The Agency may process such personal data for a different purpose which also falls under Article 88(1) only if authorised by the provider of the personal data. 2. Member States and other Union agencies may indicate, at the moment of transmitting personal data, any restrictions on access to those data or use of them, in general or specific terms, including as regards their transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer of personal data, they shall inform the Agency accordingly. The Agency shall comply with such restrictions. 3. In duly justified cases, the Agency through the implementing measures adopted in accordance with Article 87(2) may assign restrictions of use by Member States, Union bodies, third countries and international organisations of information retrieved from open sources.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 88 b (new)

Article 88 b Processing of operational personal data 1. Operational personal data referred to in Article 90 (1)(a) may be processed by the Agency in the following cases: (a) where exchange of information with Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 69; (b) where transmission to Member States law enforcement authorities is necessary for the purposes of preventing, detecting, investigating or prosecuting serious crime; (c) where necessary for the preparation of risk analyses. 2. Personal data referred to in Article 90 (1)(b) may be processed by the Agency in the following cases: (a) where transmission to the authorities of the relevant Member States which are responsible for border control, migration, asylum or returns is necessary for fulfilling their tasks in accordance with Union and national legislation, and when necessary to EASO; (b) where transmission to the authorities of relevant Member States, third countries of return or international organisations is necessary for the purpose of identification of third country nationals, acquisition of travel documents, enabling or supporting return; (c) where necessary for the preparation of risk analyses; (d) in specific cases, when strictly necessary to Member States law enforcement authorities, Europol and Eurojust for the purposes of preventing, detecting, investigating or prosecuting serious crime. 3. Any exchange of personal data with third countries in the framework of EUROSUR shall be strictly limited to what is absolutely necessary for the purposes of this Regulation. It shall be carried out in accordance with Regulation (EU) 2016/679, and the relevant national provisions on data protection. 4. Any exchange of information under Article 73(2), Article74(3) and Article 75(3) which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited. 5. Onward transmission or other communication of information exchanged under Article 73(2), Article 74(3) and Article 75(3) to other third countries or to third parties shall be prohibited.

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 89 – title

~~Processing of~~Categories of operational personal data collected during joint operations, pilot projects and rapid border interventions and by migration management support teams

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 89 – paragraph 1 – introductory part

1. The Agency shall only process the following categories of operational personal data collected and or transmitted to it by the Member States, by its staff, by members of European Border and Coast Guard standing corps or by EASO, Europol or Eurojust in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams:

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 89 – paragraph 1 – point a

(a) personal data of persons who are suspected, on reasonable grounds, by the competent authorities of the Member States ~~and~~, a member of the staff of the Agency, a member of the European Border and Coast Guard standing corps, and by EASO, Europol or Eurojust, of involvement in cross-border crime, such as migrant smuggling, trafficking in human beings or terrorism;

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 89 – paragraph 2 – introductory part

2. PFor the personal data referred to in paragraph 1 ~~may be processed by the Agency in the following cases:~~ point b, the data provider shall, as much as possible, determine whether the data subject is, in addition, a witness or a victim of illegal immigrant smuggling or trafficking in human beings. In addition, the Agency shall consider specific measures for protection of personal data when it refers to children, in the context of the implementing measures referred to Article 87(2).

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 89 – paragraph 2 – point a

~~(a) where exchange of information with EASO, Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 69;~~deleted

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 89 – paragraph 2 – point b

(b) where transmission to the authorities of the relevant Member States which are responsible for border control, migration, asylum, returns is necessary for fulfilling their tasks in accordance with Union and national legislation;deleted

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 89 – paragraph 2 – point c

(c) where transmission to the authorities of relevant Member States, third countries of return or international organisations is necessary for the purpose of identification of third country nationals, acquisition of travel documents, enabling or supporting return;deleted

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 89 – paragraph 2 – point d

~~(d) where necessary for the preparation of risk analyses.~~deleted

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 89 – paragraph 2 – point e

(e) in specific cases, where the Agency becomes aware that personal data processed in the fulfilment of its tasks is strictly necessary to law enforcement authorities for the purposes of preventing, detecting, investigating or prosecuting serious crimedeleted

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 89 – paragraph 3

3. Personal data shall be deleted as soon as they have been transmitted to EASO, Europol or Eurojust or to the competent authorities of Member States or used for the preparation of risk analyses. The storage period shall, in any event, not exceed 90 days after the date of the collection of those data. In the results of risk analyses, data shall be anonymised. The provisions of this paragraph shall not apply to data processed for the purpose of performing return-related tasks.deleted

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 90

Processing of personal data in the 1. Where the national situational picture requires the processing of personal data, those data shall be processed in accordance with the relevant Union and national provisions on data protection. Each Member State shall designate the authority which is to be considered as controller in accordance with Article 4(7) of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of data by that Member State. Each Member State shall notify the details of that authority to the Commission. 2. Ship and aircraft identification numbers are the only personal data that can be processed in the European situational and specific situational pictures. 3. Any exchange of personal data with third countries in the framework of EUROSUR shall be strictly limited to what is absolutely necessary for the purposes of this Regulation. It shall be carried out in accordance with Regulation (EU) 2016/679, and the relevant national provisions on data protection. 4. Any exchange of information under Article 73(2), Article 74(3) and Article 75(3) which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited. 5. Onward transmission or other communication of information exchanged under Article 73(2), Article 74(3) and Article 75(3) to other third countries or to third parties shall be prohibited.Article 90 deleted framework of EUROSUR

2018/12/11
Committee: LIBE

Monika HOHLMEIER, Heinz K. BECKER

Proposal for a regulation
Article 90 a (new)

Article 90 a Data retention and logging 1. Operational personal data processed for the purposes of transmission to Member States or Union Agencies shall be deleted as soon as they have been transmitted and not later than 90 days thereafter. 2. Relevant operational personal data processed for the purposes of risk analysis shall be stored for a period of 3 years, after which it shall be deleted. 3. Operational personal data processed for the purpose of returns shall be kept for as long as it is necessary for the performance of the return-related task, not exceeding a period of three years. 4. The logs shall be only made accessible to the European Data Protection Supervisor upon request and to the data protection officer for the purpose of ensuring compliance with data protection provisions. The implementing measures adopted in accordance with Article 87(2) shall include provisions on the content and purposes of the logs.

2018/12/11
Committee: LIBE