17 Amendments of Traian UNGUREANU related to 2015/0310(COD)
Amendment 177 #
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 identify the measures to be implemented by the European Border and Coast Guard Agency and require 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.
Amendment 230 #
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 safeguard 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 233 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) As regards Bulgaria, Romania and Croatia, this Regulation constitutes a development of the Schengen acquis in which these Member States take part in accordance with their Accession Treaties. Bulgaria, Romania and Croatia therefore take part in the adoption of this Regulation and are bound by it and subject to its application.
Amendment 323 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency.
Amendment 333 #
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.
Amendment 350 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) establish a monitoring and risk analysis centre with the capacity to monitor security threats to the external borders of the EU including migratory flows and to carry out risk analysis as regards all aspects of integrated border management;
Amendment 447 #
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, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, 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, inter alia, the migratory flows towards the Union.
Amendment 464 #
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, if necessary, through liaison officers of the Agency in Member States.
Amendment 498 #
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, as well as the challenges and threats in the effective management of borders that Member States are faced with and their ability to respond to these. 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 517 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 519 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. The Member States may provide written comments to the vulnerability assessment if they deem so; these written comments shall be attached to the vulnerability assessment.
Amendment 524 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment, together with the written comments of the Member States if available, shall be submitted to the Supervisory Board, which shall advise the Executive Director on the measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the results of the Schengen evaluation mechanism.
Amendment 559 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall finance or co- finance the activities set out in paragraph 2 with grants from its budget in accordance with the financial rules applicable to the Agency.
Amendment 649 #
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 decision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring 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 741 #
Proposal for a regulation
Article 26 – paragraph 1 – point f
Article 26 – paragraph 1 – point f
(f) finance or co-finance the operations, interventions and activities referred to in this Chapter with grants from its budget, in accordance with the financial rules applicable to the Agency.
Amendment 750 #
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, including through the chartering of aircraft for the purpose of such operations.
Amendment 852 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The Agency shall assist the Member States and the Commission in identifying key research themes. The Agency shall assist Member States and the Commission in the definition and accomplishment of the relevant Union framework programmes for research and innovation activities.