BETA

29 Amendments of Marco SCURRIA related to 2013/0106(COD)

Amendment 31 #
Draft legislative resolution
Citation 4 a (new)
– having regard to its resolution of 23 October 2013 on organised crime, corruption, and money laundering: recommendations on action and initiatives to be taken1a, with particular reference to the fight against human trafficking and death traffickers, ____________ 1a Texts adopted, P7_TA(2013)0444.
2013/10/31
Committee: LIBE
Amendment 42 #
Proposal for a regulation
Recital 3
(3) The establishment of the European Border Surveillance System (EUROSUR) established by Regulation (EU) No […/…] of the European Parliament and of the Council of […] should strengthen the information exchange and operational cooperation between Member States and with the Agency. This ensures that the situational awareness and reaction capability of Member States improves considerably, also with the support of the Agency, for the purposes of detecting and preventing irregular migration, for combating human trafficking by cross- border crimeinal organisations and for contributing to protect and save the lives of migrants at their external borders. When coordinating border surveillance operations, the Agency should provide Member States with information and analysis concerning these operations.
2013/10/31
Committee: LIBE
Amendment 52 #
Proposal for a regulation
Recital 6 a (new)
(6a) Agreements on the integrated management of migration flows between the European Union and the countries of origin and transit of migrants should be complementary to the surveillance of external borders and help to increase the protection of fundamental rights.
2013/10/31
Committee: LIBE
Amendment 66 #
Proposal for a regulation
Recital 9
(9) Pursuant to Regulation (EC) No 2007/2004, border surveillance operations coordinated by the Agency are conducted in accordance with an operational plan. Accordingly, as regards sea operations, the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place, including references to international and Union law, regarding interception, rescue at sea and disembarkation. In turn, this Regulation governs the issues of interception, rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the Agency in accordance with international law and fundamental rights.
2013/10/31
Committee: LIBE
Amendment 69 #
Proposal for a regulation
Recital 11 a (new)
(11a) This Regulation respects international law and, in particular, international Conventions governing search and rescue and relevant bilateral agreements which comply with international law.
2013/10/31
Committee: LIBE
Amendment 70 #
Proposal for a regulation
Recital 12 a (new)
(12a) This Regulation does not rule out the possibility of determining the details of joint operations at sea in specific operational plans, taking into account the specific requirements and characteristics of the context in which the Member States are operating.
2013/10/31
Committee: LIBE
Amendment 89 #
Proposal for a regulation
Article 4 – paragraph 2
2. Before deciding on disembarkation in a third country, the participating units shall take into account the general situation in that third country and ithe existence of bilateral agreements and projects on migration and asylum, carried out in accordance with Union law and through Union funds. Intercepted or rescued persons shall not be disembarked in 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.
2013/10/31
Committee: LIBE
Amendment 98 #
Proposal for a regulation
Article 4 – paragraph 3
3. In case of disembarkation in a third country, the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation. Theyunless provided for in Article 3 and Article 4(1) and (2), the participating units shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement.
2013/10/31
Committee: LIBE
Amendment 111 #
Proposal for a regulation
Article 5 – paragraph 1
1. Upon detection, the participating units shall approach a ship suspected of crossing or intending to cross the border in an irregular manner to observe its identity and nationality and, pending further measures, it shall be surveyed at a prudent distance. The participating units shall communicate information about the ship immediately to the International Coordination Centre. It shall transmit the information to the National Coordination Centre of the host Member State.
2013/10/31
Committee: LIBE
Amendment 112 #
Proposal for a regulation
Article 5 – paragraph 2
2. Where the ship is about to enter or it has entered the territorial sea or, where formally proclaimed, the contiguous zone, of a Member State that is not participating in the sea operation, the participating units shall communicate information about the ship to the International Coordination Centre, which shall convey this information to the National Coordination Centre of the Member State concerned.
2013/10/31
Committee: LIBE
Amendment 116 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. In the territorial sea of the host Member State or a participating Member State, the participating units shall take one or more of the following measures when there are reasonable grounds to suspect that a ship is carrying persons intending to circumvent checks at border crossing points or is engaged in the smuggling of migrants by sea:communicate the information about the intercepted ship to the International Coordination Centre. It shall immediately inform the National Coordination Centre of the competent territorial Member State that takes all the necessary measures according to national law.
2013/10/31
Committee: LIBE
Amendment 119 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) requesting information and documentation on ownership, registration and elements relating to the voyage, and on the identity, nationality and other relevant data on persons on board;deleted
2013/10/31
Committee: LIBE
Amendment 121 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) stopping, boarding and searching the ship, its cargo and persons on board, and questioning persons on board;deleted
2013/10/31
Committee: LIBE
Amendment 122 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) making persons on board aware that they may not be authorised to cross the border and that persons directing the craft may face penalties for facilitating the voyage;deleted
2013/10/31
Committee: LIBE
Amendment 124 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) seizing the ship and apprehending persons on board;deleted
2013/10/31
Committee: LIBE
Amendment 127 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) ordering the ship to modify its course outside of or towards a destination other than the territorial sea or the contiguous zone, including escorting the vessel or steaming nearby until the ship is heading on such course;deleted
2013/10/31
Committee: LIBE
Amendment 129 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) conducting the ship or persons on board to the host Member State or to another Member State participating in the operation, or to the coastal Member Stadelete.d
2013/10/31
Committee: LIBE
Amendment 133 #
Proposal for a regulation
Article 6 – paragraph 2
2. The host Member State or the participating Member State on whose territorial sea the interception takes place shall authorise the measures referred to in paragraph 1 and it shall instruct the participating unit appropriately through the International Coordination Centre. The participating unit shall inform the host Member State, through the International Coordination Centre, whenever the master of the ship requests that a diplomatic agent or a consular officer of the flag State be notified.deleted
2013/10/31
Committee: LIBE
Amendment 135 #
Proposal for a regulation
Article 6 – paragraph 3
3. Where there are reasonable grounds to suspect that a ship without nationality or one that may be assimilated to a ship without nationality is carrying persons intending to circumvent the checks at border crossing points or is engaged in the smuggling of migrants by sea, the host Member State or the participating Member State in whose territorial sea the stateless ship is intercepted shall authorise and instruct the participating unit to stop it and to take any of the measures laid down in paragraph 1.deleted
2013/10/31
Committee: LIBE
Amendment 137 #
Proposal for a regulation
Article 6 – paragraph 4
4. Any operational activities in the territorial sea of a Member State that is not participating in the sea operation shall be conducted in accordance with the authorisation of that Member State. The International Coordination Centre shall be informed of any communication with that Member State and of the subsequent course of action authorised by that Member State.deleted
2013/10/31
Committee: LIBE
Amendment 148 #
Proposal for a regulation
Article 7 – paragraph 1 – point e
(e) ordering the ship to modify its course outside of or towards a destination other than the territorial sea or, where formally proclaimed, the contiguous zone, including escorting the vessel or steaming nearby until the ship is heading on such course;
2013/10/31
Committee: LIBE
Amendment 159 #
Proposal for a regulation
Article 8 – paragraph 1
1. In the formally proclaimed zone contiguous to the territorial sea of a Member State, which is a host Member State or a participating Member State, the measures laid down in Article 6(1) shall be taken in accordance with Article 6(2).
2013/10/31
Committee: LIBE
Amendment 165 #
Proposal for a regulation
Article 9 – paragraph 1
1. During a sea operation, according to international law on search and rescue, participating units shall render assistance to any ship or person in distress at sea. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.
2013/10/31
Committee: LIBE
Amendment 168 #
Proposal for a regulation
Article 9 – paragraph 2
2. When facing, in the course of a sea operation, a situation of uncertainty, alert or distress as regards a ship or any person on board, the participating unit shall forward as soon as possible all available information to the Rescue Coordination Centre responsible for the search and rescue region in which the situation occurs. and to the International Coordination Centre. It shall transmit the information to the National Coordination Centre of the Member State responsible for the region.
2013/10/31
Committee: LIBE
Amendment 177 #
Proposal for a regulation
Article 9 – paragraph 6 – point i a (new)
(ia) the presence of persons with disabilities;
2013/10/31
Committee: LIBE
Amendment 201 #
Proposal for a regulation
Article 10 – paragraph 5
5. The participating units shall inform the International Coordination Centre of the presence of any persons within the meaning of Article 4(1), and the International Coordination Centre shall convey that information to the competent national authoritiesNational Coordination Centre. On the basis of that information, the operational plan should determine which follow-up measures may be taken.
2013/10/31
Committee: LIBE
Amendment 204 #
Proposal for a regulation
Article 10 a (new)
Article 10a Specialised branches Pursuant to Article 16 of Regulation (EU) No 2004/2007, the Agency shall evaluate the need to set up specialised branches, for all aspects relating to the surveillance of maritime borders, as operational offices in areas subject to significant migration flows, including illegal migration and in particular in the Mediterranean, to improve coordination between Member States and ensure solidarity and responsible burden-sharing between them, thereby strengthening the operational capacity of the Agency.
2013/10/31
Committee: LIBE
Amendment 205 #
Proposal for a regulation
Article 10 a (new)
Article 10a Solidarity mechanisms 1. A Member State faced with a situation of urgent and exceptional pressure at its external border shall be able to request: – the deployment of European Border Guard Teams in accordance with Article 8a of Regulation (EC) No 2007/2004 to provide rapid operational assistance to the Member State; – the Agency for technical and operational assistance in accordance with Article 8 of Regulation (EC) No 2007/2004 in order to obtain assistance on matters of coordination between Members States and/or the deployment of experts to support the competent national authorities; – emergency assistance under Article 14 of Regulation XXXX [ISF borders] to address urgent and specific needs in the event of an emergency situation. 2. A Member State subject to strong migratory pressure which places urgent demands on its reception facilities and asylum systems shall be able to request: – the European Asylum Support Office for the deployment of an asylum support team in accordance with Article 13 of Regulation (EU) No 439/2010 of the European Parliament and of the Council to provide expertise, in particular in relation to interpreting services, information on countries of origin and knowledge of the handling and management of asylum cases; – emergency assistance under Article 22 of Regulation XXX ([Asylum and Migration Fund] to address urgent and specific needs in the event of an emergency situation; – the Commission to check the willingness of the Member States to accommodate asylum seekers. 3. With a view to the proper implementation of this Article, the Commission shall continuously monitor the facilities used for the reception of asylum seekers in the Member States and, in the cases described in this article, once it has verified how many places are actually available in such facilities, shall propose a fair redistribution of asylum seekers between Member States, in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU).
2013/10/31
Committee: LIBE
Amendment 207 #
Proposal for a regulation
Article 10 b (new)
Article 10b Report 1. The Agency shall submit a report to the European Parliament, the Council and the Commission on the implementation of this Regulation by xxx (two years after entry into force) and every two years thereafter. 2. The report shall include a description of the procedures put in place by the Agency to implement this Regulation during sea operations and an assessment of the practical application of this Regulation, including any incidents which may have taken place, and of the compliance with and impact on fundamental rights. 3. The Commission, taking account of this report, during the preparation and presentation of the Agency’s annual budget, shall ensure that the available resources are used efficiently, through a fair balance between administrative expenditure and operational expenditure.
2013/10/31
Committee: LIBE