Activities of Judith SARGENTINI related to 2013/0106(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union
Amendments (11)
Amendment 12 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Reminds that the Treaty of Lisbon does not foresee a role for the Common Security and Defence Policy (CSDP) regarding the monitoring of the crossing of external borders including through border surveillance; underlines that the legal basis of CSDP in Article 43 of TEU must be respected in the context of this regulation.
Amendment 15 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) Deplores the fact that the rules of the regulation only apply to specific operations under the coordination of the Agency and to not all civilian, military and commercial vessels flying the flag of a Member State.
Amendment 16 #
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1 c) Deplores the many lives lost in the Mediterranean Sea; recalls the tragic incident which took place in May 2011 in the Mediterranean Sea which has cost the lives of 63 Libyan refugees on a small boat; also recalls that, according to the Council of Europe report by Tineke Strik dated 29 March 2012, NATO warships and a NATO helicopter have been in contact with the refugees but did refuse to rescue and bring these refugees to a safe place; calls on the EU Member States and the relevant EU CSDP institutions to make sure that such inaction is ruled out in the future and that EU civil, military or commercial vessels including the Agency make sure that a warm handover of people in danger takes place.
Amendment 17 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Notes, although not legally binding, the need to ensure that personnel deployed to EU naval CSDP operations respect the rules of the regulations especially with regard to search and rescue.
Amendment 18 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2 b) Expects the EU naval and maritime training missions and operations in the field of CSDP and in the context of financial instruments for external assistance to incorporate and promote rules and principles of the regulation.
Amendment 19 #
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
(2 c) With regard to Member States in which the coastguard function is implemented by the military it is important to ensure that the rules and principles of this regulation are applied.
Amendment 24 #
Proposal for a regulation
Article 2 – point 11
Article 2 – point 11
11. ‘pPlace of safety’ means a location where rescue operations are considered to terminate and where the survivors' safety of life including as regardas well as the protection of their fundamentalhuman rights isare not threatened, where their basic human needs can be met and from which transportation arrangements can be made for the survivors's next destination or final destination, in respect of the principle of non-refoulement;
Amendment 25 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. No person shall be disembarked in, conducted towards or otherwise handed over to the authorities of a third country where there is a serious risk that such person would be subjected to the death penalty, to other serious dangers for their life and limb, to torture or other inhuman or degrading treatment or punishment or from which there is a serious risk of expulsion, removal or extradition to another country in contravention of the principle of non- refoulement.
Amendment 27 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before deciding on disembarkation in, or conducting towards a third country, the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in or conducted to that third country when the host Member State or the participating Member States are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1. Member States are responsible for providing the participating units with relevant information. For this purpose, they may use the information prepared by the European Asylum Support Office, the Agency's Risk Analysis Unit, the United Nations High Commissioner for Refugees and by other international or non- governmental organisations.
Amendment 30 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In caseBefore deciding ofn disembarkation in, or conducting towards a third country, the participating units shall identify the intercepted or rescued persons and assess their individual personal circumstances to the extent possible before disembarkation. They shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity toincluding their medical conditions and other circumstances that might make these persons vulnerable. They shall inform the intercepted or rescued persons in a language or in the languages these persons understand, inter alia via access to the EASO interpreters' helpline, of the place of disembarkation or return, give them the right to contact a lawyer and inform them of their right to express protest against the intended measure. If an intercepted or rescued person expresses protest against the intended disembarkation in, or conduction towards a third country, the person shall be brought to a place on the territory of a Member State where he or she can make use of legal remedies, or, if the person express anyes reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement. the intended measure would be in violation of the principle of non-refoulement, the person shall be given access to an asylum procedure on the territory of a Member State in accordance with Article 6 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection.
Amendment 31 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. TIn all decisions and measures throughout the sea operation, the participating units shall addressensure that the special needs of children, victims of trafficking, persons in need of urgent medical assistance, persons in need of international protection and other persons in a particularly vulnerable situation throughout the sea operationare sufficiently met. For this purpose, participating units shall be able to draw on medical doctors, interpreters, and other relevant experts.