BETA

47 Amendments of Cornelia ERNST related to 2010/0039(COD)

Amendment 22 #
Proposal for a regulation
Recital 1
(1) The development of a forward-looking and comprehensive European migration and integration policy, based on solidarity and responsibility, remains a key policy objective for the European Union.
2010/11/03
Committee: AFET
Amendment 25 #
Proposal for a regulation
Recital 4 a (new)
(4a) In applying the present Regulation, the provisions of Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code 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 Union1 and Part I and, in particular, Part II of the Annex thereto should be mandatorily respected. ___________________ 1 OJ L 111, 4.5.2010, p. 20.
2010/11/03
Committee: AFET
Amendment 32 #
Proposal for a regulation
Recital 19
(19) The Agency should provide training, including on fundamental rights, international law and the structure of national asylum authorities at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third-country nationals illegalrregularly present in the Member States for officers of the competent national services. 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.
2010/11/03
Committee: AFET
Amendment 34 #
Proposal for a regulation
Recital 21
(21) In most Member States, the operational aspects of return of third- country nationals illegalrregularly 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 illegalrregularly 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 Rightsactivities or operations that are not in conformity with the Charter of Fundamental Rights should be carried out or financed by the Union. In the event of a violation of the Charter of Fundamental Rights, return operations should be suspended and the matter investigated.
2010/11/03
Committee: AFET
Amendment 36 #
Proposal for a regulation – amending act
Article 1 – paragraph 1
Council Regulation (EC) No 2007/2004
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. In the event of a breach of international law or the Charter of Fundamental Rights, in particular Articles 1, 4, 6, 18 and 19 thereof, the suspension of the work of the Agency for Operational Cooperation at the External Borders of the Member States of the European Union shall be mandatory.
2010/11/03
Committee: AFET
Amendment 37 #
Proposal for a regulation – amending act
Article 1 – paragraph 3 – point b
Council Regulation (EC) No. 2007/2004
Article 2 – paragraph 1a
All border guards and other personnel of the Member States, as well as the staff of the Agency shall, prior to their participation in operational activities organised by the Agency, have received training in relevant EU and international law, including fundamental rights and access to international protection and provide evidence of passing a final exam.
2010/11/03
Committee: AFET
Amendment 40 #
Proposal for a regulation – amending act
Article 1 – paragraph 4
4. The Agency shall evaluate the results of the joint operations and pilot projects and transmit the detailed evaluation reports within 60 days following the end of the activity to the Management Board and the European Parliament. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the legality, quality, coherence and efficiency of future operations and projects to be included in its general report provided for in Article 20(2)(b).
2010/11/03
Committee: AFET
Amendment 47 #
Proposal for a regulation – amending act
Article 1 – paragraph 5 –
Council Regulation (EC) No 2007/2004
Article 3a – paragraph 1 – point i a (new)
(ia) assurances given by the Member States involved and the Agency that they have checked all organisational aspects of planned operations with a view to complying with international law, the Charter of Fundamental Rights and Council Decision 2010/252/EC of 26 April 2010 supplementing the Schengen Borders Code 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.
2010/11/03
Committee: AFET
Amendment 54 #
Proposal for a regulation – amending act
Article 1 – paragraph 8
Council Regulation (EC) No 2007/2004
Article 7 – paragraph 6
6. The Agency shall report on the composition and the deployment of equipment, which is part of the technical equipment pool, to the Management Board on a monthly basis. In case the minimum number of equipment referred to in paragraph 5 is not reached, the Executive Director shall inform the Management Board without delay. The Management Board shall take a decision on the prioritisation of the deployment of the technical equipment urgently and take the appropriate steps to remedy the identified shortcominghen consider whether the number of equipment is actually needed to carry out the tasks. It shall inform the Commission of the identified shortcomings and the steps taken. The Commission may subsequently inform the European Parliament and the Council, together with its own assessment.
2010/11/03
Committee: AFET
Amendment 58 #
Proposal for a regulation – amending act
Article 1 – paragraph 12
Council Regulation (EC) No 2007/2004
Article 9 – paragraph 2
2. The Agency shall develop a Code of Conduct in cooperation with the European Parliament for the return of illegalrregularly present third-country nationals by air which shall apply bindingly during all joint return operations coordinated by the Agency, describing common standardized procedures which should simplify the organisation of joint return flights and assure return in a humane manner and inand fully respect foring fundamental rights, in particular the principles of 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 and non discrimination and affording substantive protection from collective deportation.
2010/11/03
Committee: AFET
Amendment 74 #
Proposal for a regulation – amending act
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.
2011/01/06
Committee: LIBE
Amendment 76 #
Proposal for a regulation – amending act
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.
2011/01/06
Committee: LIBE
Amendment 79 #
Proposal for a regulation – amending act
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.
2011/01/06
Committee: LIBE
Amendment 83 #
Proposal for a regulation – amending act
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.
2011/01/06
Committee: LIBE
Amendment 85 #
Proposal for a regulation – amending act
Recital 12
(12) Minimum levels of necessary technical equipment provided on a compulsory basis by the Member States and/or the Agency will largely contribute to a better planning and implementation of the envisaged operations coordinated by the Agency.deleted
2011/01/06
Committee: LIBE
Amendment 88 #
Proposal for a regulation – amending act
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.
2011/01/06
Committee: LIBE
Amendment 95 #
Proposal for a regulation – amending act
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.
2011/01/06
Committee: LIBE
Amendment 97 #
Proposal for a regulation – amending act
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.
2011/01/06
Committee: LIBE
Amendment 105 #
Proposal for a regulation – amending act
Article 1 – point 1
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 110 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point -i (new)
Regulation (EC) No 2007/2004
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;"
2011/01/06
Committee: LIBE
Amendment 112 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point i
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 114 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point i a (new)
Regulation (EC) No 2007/2004
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;"
2011/01/06
Committee: LIBE
Amendment 116 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point ii
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point f
(f) provide Member States with the necessary support, including, upon request, coordination regarding organising joint voluntary return operations;
2011/01/06
Committee: LIBE
Amendment 119 #
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point iii
Regulation (EC) No 2007/2004
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;
2011/01/06
Committee: LIBE
Amendment 125 #
Proposal for a regulation – amending act
Article 1 – point 3 – point b a (new)
Regulation (EC) No 2007/2004
Article 2 – paragraph 1a a (new)
(ba) the following paragraph 1aais inserted: "Measures taken for the purpose of the surveillance operation must be conducted in accordance with fundamental rights and in a way that does not put at risk the safety of the persons intercepted or rescued."
2011/01/06
Committee: LIBE
Amendment 126 #
Proposal for a regulation – amending act
Article 1 – point 3 – point b b (new)
Regulation (EC) No 2007/2004
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."
2011/01/06
Committee: LIBE
Amendment 129 #
Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 131 #
Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 140 #
Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 144 #
Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 162 #
Proposal for a regulation – amending act
Article 1 – point 5
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 167 #
Proposal for a regulation – amending act
Article 1 – point 5
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 179 #
Proposal for a regulation – amending act
Article 1 – point 7
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 180 #
Proposal for a regulation – amending act
Article 1 – point 7
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 181 #
Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 190 #
Proposal for a regulation – amending act
Article 1 – point 9
Regulation (EC) No 2007/2004
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."
2011/01/06
Committee: LIBE
Amendment 197 #
Proposal for a regulation – amending act
Article 1 – point 12
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 206 #
Proposal for a regulation – amending act
Article 1 – point 13 b (new)
Regulation (EC) No 2007/2004
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 [...]."
2011/01/06
Committee: LIBE
Amendment 209 #
Proposal for a regulation – amending act
Article 1 – point 15
Regulation (EC) No 2007/2004
Article 11 a (new)
The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the Data Protection Officer of the Agency. The application measures shall include provisions on the information to be supplied to, and the rights of, the person concerned as regards the protection of personal data in accordance with Articles 11 and 12 and 13 to 19 of that Regulation.
2011/01/06
Committee: LIBE
Amendment 210 #
Proposal for a regulation – amending act
Article 1 – point 15 a (new)
Regulation (EC) No 2007/2004
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."
2011/01/06
Committee: LIBE
Amendment 212 #
Proposal for a regulation – amending act
Article 1 – point 15
Regulation (EC) No 2007/2004
Article 11 b (new) – paragraph 2
2. The Agency shall apply the security principles relating to the processing of non- classified sensitive information as adopted and implemented by the European Commission and shall lay down its detailed security policy arrangements accordingly. The security policy of the Agency shall be submitted to the Commission for approval and communicated to the European Parliament.”
2011/01/06
Committee: LIBE
Amendment 217 #
Proposal for a regulation – amending act
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 13
The Agency may cooperate with Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights Agency, other European Union agencies and bodies, and the international organisations competent in matters covered by this Regulation in the framework of working arrangements concluded with those bodies, in accordance with the relevant provisions of the Treaty and the provisions on the competence of those bodies. The exchanges of information to which such cooperation arrangements may give rise shall not include exchanges of personal information.
2011/01/06
Committee: LIBE
Amendment 221 #
Proposal for a regulation – amending act
Article 1 – point 16
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 228 #
Proposal for a regulation – amending act
Article 1 – point 16
Regulation (EC) No 2007/2004
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.
2011/01/06
Committee: LIBE
Amendment 240 #
Proposal for a regulation – amending act
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 6 a (new)
6a. No cooperation arrangement with third countries or their competent authorities may include exchanges of personal data.
2011/01/06
Committee: LIBE
Amendment 247 #
Proposal for a regulation – amending act
Article 1 – point 20 - point a - point -i (new)
Regulation (EC) No 2007/2004
Article 20 – paragraph 2 – point b
(-i) Point (b) is replaced by the following: “(b) before 31 March each year, adopt the general report of the Agency for the previous year and forward it by 15 June at the latest to the European Parliament, the Council, the Commission, the European Economic and Social Committee and the Court of Auditors. The general report of the Agency shall review compliance with obligations related to fundamental rights, with particular reference to applications for asylum and international protection and the protection of personal data. The general report shall be made public;”
2011/01/06
Committee: LIBE
Amendment 250 #
Proposal for a regulation – amending act
Article 1 – point 23
Regulation (EC) No 2007/2004
Article 33 – paragraph 2 a (new)
2a. The evaluation shall analyse the needs for the Agency to employ independent border guards acting under the instructions of the Agency, including a detailed description of the legal framework that would need to be set in place for that purpose.deleted
2011/01/06
Committee: LIBE