36 Amendments of Rui TAVARES related to 2010/0039(COD)
Amendment 69 #
Draft legislative resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to put forward as soon as possible a new proposal for the overall revision of the Frontex's mandate;
Amendment 74 #
Proposal for a regulation – amending act
Recital 1
Recital 1
(1) The development of a forward-looking and comprehensive European migration policy, based on human rights, solidarity and responsibility, remains a key policy objective for the European Union.
Amendment 75 #
Proposal for a regulation – amending act
Recital 4
Recital 4
(4) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, notably human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, right to liberty and security, the rights to the protection of personal data, right to asylum, non- refoulement, prohibition of collective expulsions, non discrimination, the rights of the child and right to an effective remedy. This Regulation should be applied by the Member States in accordance with these rights and principles.
Amendment 76 #
Proposal for a regulation – amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) Measures taken in the course of surveillance operations should be proportionate to the objectives pursued and fully respect fundamental rights and the rights of refugees and asylum seekers, including in particular the prohibition of refoulement. Member States are bound by the provisions of the asylum acquis with regard to applications for asylum made in their territories, including at the border or in the transit zones, of Member States.
Amendment 78 #
Proposal for a regulation – amending act
Recital 7
Recital 7
(7) Efficient management of the external borders through checks and surveillance contributes to combat illegal immigration and trafficking in human beings and to reduce the threats to the internal security, public policy, public health and international relations of the Member States.
Amendment 79 #
Proposal for a regulation – amending act
Recital 7
Recital 7
(7) Efficient management of the external borders through checks and surveillance contributes to combat illegal immigration and trafficking in human beings and to reduce the threats to the internal security, public policy, public health and international relations of the Member States.
Amendment 83 #
Proposal for a regulation – amending act
Recital 10
Recital 10
(10) The mandate of the Agency should therefore be revised in order to strengthen in particular the operational capabilities of the Agency while ensuring that all measures taken are proportionate to the objectives pursued and fully respect fundamental rights and the rights of refugees and asylum seekers, including in particular the prohibition of refoulement and collective expulsions.
Amendment 84 #
Proposal for a regulation – amending act
Recital 11
Recital 11
Amendment 85 #
Proposal for a regulation – amending act
Recital 12
Recital 12
Amendment 88 #
Proposal for a regulation – amending act
Recital 19
Recital 19
(19) The Agency should provide training, including on fundamental rights, at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the exter, together with the United Nations High Commissioner for Refugees, the European Asylum Support Office, the International Organization for Migration and other relevant European and international borders and removal of third-country nationals illegally present in the Member States for officers of the competent national serviceganisations, should provide training, including on fundamental rights, at European level for national instructors of border guards. The Agency may organise training activities in cooperation with Member States on their territory. Member States should integrate the results of the Agency's work in this perspective in the national training programs of their border guards.
Amendment 95 #
Proposal for a regulation – amending act
Recital 21
Recital 21
(21) In most Member States, the operational aspects of return of third- country nationals illegally present in the Member States fall within the competencies of the authorities responsible for controlling the external borders. As there is a clear added value in performing these tasks at Union level, the Agency should, in full compliance with the Union's return policy, accordingly provide the necessary assistance and coordination for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and define a Code of Conduct to be followed during the removal of third-country nationals illegally present in the territories of the Member States. No Union financial means should be made available for activities and operations that are not carried out in conformity with the Charter of Fundamental Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the protocols thereto.
Amendment 97 #
Proposal for a regulation – amending act
Recital 22
Recital 22
(22) For the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks, the Agency may cooperate with Europol, the European Asylum Support Office, the Fundamental Rights Agency and other European Union Agencies and bodies, the competent authorities of third countries and the international organisations competent in matters covered by Regulation (EC) No 2007/2004 in the framework of working arrangements concluded in accordance with the relevant provisions of the Treaty. The Agency should facilitate the operational cooperation between Member States and third countries in the framework of the external relations policy of the European Union under the condition that the relevant third countries have signed Geneva Convention Relating to the Status of Refugees of 28 July 1951.
Amendment 105 #
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 2007/2004
Article 1 – paragraph 2
Article 1 – paragraph 2
2. While considering that the responsibility for the control and surveillance of external borders lies with the Member States, the Agency shall facilitate and render more effective the application of existing and future European Union measures relating to the management of external borders, in particular the Schengen Borders Code, and in accordance with relevant Union law, International law, obligations related to access to international protection, and fundamental rights. It shall do so by ensuring the coordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the Member States. The Agency shall fulfil its tasks in full respect for relevant Union law, including the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, international law, including the Geneva Convention Relating to the Status of Refugees of 28 July 1951, obligations related to access to international protection, in particular the principle of non-refoulement and prohibition of collective expulsions, and fundamental rights.
Amendment 110 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point -i (new)
Article 1 – point 3 – point a – point -i (new)
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – points a and b
Article 2 – paragraph 1 – points a and b
(-i) points (a) and (b) are replaced by the following: "(a) coordinate operational cooperation between Member States in the field of management of external borders and rescue at sea; (b) assist Member States on training of national border guards, including the establishment of common training standards in human rights and maritime law;"
Amendment 112 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point i
Article 1 – point 3 – point a – point i
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) participate in the development of research relevant for the control and surveillance of external borders; and their consequences under the Schengen Borders Code as supplemented by Council Decision 2010/252/EU of 26 April 20101 as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, and all obligations related to access to international protection and human rights; _________ 1 OJ L 111, 4.5.2010, p. 20.
Amendment 114 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point i a (new)
Article 1 – point 3 – point a – point i a (new)
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(ia) the following point is added: "(da) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, namely for humanitarian emergencies and rescue at sea;"
Amendment 116 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point ii
Article 1 – point 3 – point a – point ii
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) provide Member States with the necessary support, including, upon request, coordination regarding organising joint voluntary return operations;
Amendment 119 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point iii
Article 1 – point 3 – point a – point iii
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) develop and operate in accordance with Regulation (EC) No 45/2001 information systems that enable swift and reliable exchanges of information regarding emerging risks at the external borders, including the Information and Coordination Network established by Council Decision 2005/267/EC;
Amendment 125 #
Proposal for a regulation – amending act
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Regulation (EC) No 2007/2004
Article 2 – paragraph 1a a (new)
Article 2 – paragraph 1a a (new)
Amendment 126 #
Proposal for a regulation – amending act
Article 1 – point 3 – point b b (new)
Article 1 – point 3 – point b b (new)
Regulation (EC) No 2007/2004
Article 2 – paragraph 1a b (new)
Article 2 – paragraph 1a b (new)
(bb) The following paragraph 1ab is inserted: "No person shall be disembarked in, or otherwise handed over to the authorities of, a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle. The special needs of children, victims of trafficking, persons in need of medical assistance, persons in need of international protection and other vulnerable persons shall be taken care of in conformity with international and Union law."
Amendment 129 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 1 – subparagraph 4
Article 3 – paragraph 1 – subparagraph 4
Joint operations and pilot projects should be preceded by a thorough risk analysicomprehensive risk analysis, including an assessment with respect to fundamental rights and international protection obligations.
Amendment 131 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 1 – subparagraph 5
Article 3 – paragraph 1 – subparagraph 5
The Agency may also terminate joint operations and pilot projects if the conditions to conduct these initiatives are no longer fulfilled or in cases of violations of fundamental rights and international protection obligations, namely the right to asylum and the principle of non- refoulement.
Amendment 140 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The Agency shall develop a general Code of Conduct which shall apply during all operations coordinated by the Agency, based on fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, non-refoulement, the rights to the protection of personal data and non discrimination. This Code of Conduct shall be developed in cooperation with other competent EU or international bodies and organisations, namely FRA, EASO, UNHCR and IOM.
Amendment 144 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The results of joint operations in terms of compliance with fundamental rights shall be evaluated independently by competent bodies and organisations. That evaluation shall be based on such arrangements as are provided for in Article 13 that have been concluded no later than the beginning of the joint operations evaluated.
Amendment 162 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3b (new) – paragraph 4
Article 3b (new) – paragraph 4
4. Members of the Frontex Joint Support Teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including the right to seek asylum, 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, members of the teams shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 167 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3c (new) – paragraph 1
Article 3c (new) – paragraph 1
1. During deployment of Frontex Joint Support Teams, instructions to the teams shall be issued by the host Member State in accordance with the operational plan referred to in Article 3a (1) and in full compliance with the Schengen Borders Code, including Council Decision 2010/252/EU.
Amendment 179 #
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 2007/2004
Article 5 – paragraph 1
Article 5 – paragraph 1
The Agency shall, in cooperation with competent bodies as provided for in Article 13, establish and further develop common core curricula for border guards' training and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights and access to international protection.
Amendment 180 #
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 2007/2004
Article 5 – paragraph 1
Article 5 – paragraph 1
The Agency shall establish and further develop common core curricula for border guards' training and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights and, access to international protection and maritime law.
Amendment 181 #
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 2007/2004
Article 6
Article 6
The Agency shall monitor and contribute to the developments in research relevant for the control and surveillance of the external borders in full compliance with fundamental rights and international protection obligations and disseminate this information to the Commission and the Member States.
Amendment 190 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 2007/2004
Article 8
Article 8
(9) Article 8 is deleted.replaced by the following: "Article 8 Obligations under maritime law Implementation of this Regulation does not affect and fully complies with obligations of Member States under the UN Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue and the Geneva Convention Relating to the Status of Refugees."
Amendment 197 #
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Subject to the return policy of the Union, and in particular Directive 2008/115/EC15 , the Agency shall provide the necessary assistance, and upon request of the participating Member States ensure the coordination for organising joint voluntary return operations of Member States. The Agency may decide to finance or co- finance the operations and projects referred to in this paragraph, with grants from its budget in accordance with the financial rules applicable to the Agency. The Agency may also use Union financial means available in the field of return. The Agency shall ensure that in its grant agreements with Member States any financial support is conditional upon the full respect of the Charter of Fundamental Rights.
Amendment 206 #
Proposal for a regulation – amending act
Article 1 – point 13 b (new)
Article 1 – point 13 b (new)
Regulation (EC) No 2007/2004
Article 10 – paragraph 4
Article 10 – paragraph 4
(13b) In Article 10, paragraph 4 is replaced by the following: "4. Guest officers shall wear their own uniform while performing their tasks and exercising their powers. They shall wear a blue armband with the insignia of the European Union [...] on their uniforms, identifying them as participating in a joint operation or pilot project. For the purposes of identification vis-à-vis the national authorities of the host Member State and its citizens, guest officers shall at all times carry a visible accreditation badge, as provided for in Article 10a [...]."
Amendment 210 #
Proposal for a regulation – amending act
Article 1 – point 15 a (new)
Article 1 – point 15 a (new)
Regulation (EC) No 2007/2004
Article 11 a a (new)
Article 11 a a (new)
(15 a) The following Article is inserted: "Article 11aa Protection of personal data The Agency fully respects the right to the protection of personal data, as enshrined in the Charter of Fundamental Rights of the European Union, and recognises that its provisions on data protection, namely Article 8, also apply to third-country nationals. Such data shall be processed fairly for specified purposes and on the basis of the consent of the person concerned or another legitimate basis laid down by law. Everyone has the right to access data which has been collected concerning him or her, and the right to have it rectified, including through judicial procedures. Compliance with these rules shall be subject to control by an independent authority."
Amendment 221 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Agency may deploy liaison officers, which should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of Member States' liaison officers set up pursuant to Council Regulation No 377/2004. Liaison officers shall only be deployed to third countries in which border management practices respect minimum humanfundamental rights standards, international protection obligations and having signed the Geneva Convention. Priority for deployment should be given to those third countries, which on the basis of risk analysis constitute a country of origin or transit regarding illegal migration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries also, for a limited period of time. The Management Board shall adopt, on a proposal of the Executive Director, the list of priorities on a yearly basis in accordance with the provisions of Article 24.
Amendment 228 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The tasks of the liaison officers shall include, in compliance with European Union law and in accordance with fundamental rights and international protection obligations, the establishment and maintaining of contacts with the competent authorities of the third country to which they are assigned to with a view to contribute to the prevention of and fight against illegal immigration and the return of illegal migrants.
Amendment 250 #
Proposal for a regulation – amending act
Article 1 – point 23
Article 1 – point 23
Regulation (EC) No 2007/2004
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)