BETA

73 Amendments of Cornelia ERNST related to 2011/0427(COD)

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set out~~Rejects the Commission proposal;

2012/09/27
Committee: LIBE

Proposal for a regulation
Recital 1

(1) The establishment of a European Border Surveillance System (hereinafter referred to as ‘EUROSUR’) ~~is necessary in order~~serves to strengthen the information exchange and operational cooperation between national authorities of Member States as well as with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/2004 of 26 October 20046 (Frontex), hereinafter referred to as ‘'the Agency’'. EUROSUR should provide these authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability when detecting and preventing ~~irregular migration and~~ cross-border crime as well as protecting and saving lives of migrants at the external borders of the Member States of the Union.

2012/09/27
Committee: LIBE

Proposal for a regulation
Recital 1 a (new)

(1 a) The practice of travelling in small and unseaworthy vessels has dramatically increased the number of migrants drowning at the southern maritime external borders. EUROSUR should considerably improve the operational and technical ability of the Agency and Member States to detect and track these small vessels, in order to save the lives of migrants.

2012/09/27
Committee: LIBE

Proposal for a regulation
Recital 1 b (new)

(1 b) A mechanism should be established for a quick and effective determining of the Member State responsible for rendering assistance and rescuing persons in distress who are aboard of vessels that have been detected.

2012/09/27
Committee: LIBE

Proposal for a regulation
Recital 3

(3) This Regulation should not hinder Member States from making their national coordination centres also responsible for coordinating the information exchange and cooperation with regard to the surveillance of air borders and for checks at border crossing points.deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Recital 7

(7) Any exchange of personal data using the communication network for EUROSUR should, in general, not entail any personal data. Only insofar as the purpose of this Regulation can not be achieved otherwise, and based on the principles of data minimisation and purpose limitation, the collection, storage and processing of personal data should be allowed. It should be conducted on the basis of existing national and Union legal provisions and should respect their specific data protection requirements. The Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data and, in the framework of police and judicial cooperation, the Council Framework Decision 2008/977/JHA 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters are applicable i. In cases in which more specific instruments, such as Regulation (EC) No 2007/2004, ~~do not~~ provide a full data protection regime, those should apply.

2012/09/27
Committee: LIBE

Proposal for a regulation
Recital 9

(9) In order to implement a gradual geographical roll-out of EUROSUR, the obligation to designate and operate national coordination centres should apply in three successive stages, first to the Member States located at the southern sea external borders and at the eastern land external borders, at a second stage to the remaining Member States with land or sea external borders and at a third stage to the remaining Member States.deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Recital 9 a (new)

(9 a) A fair and transparent mechanism needs to be established in order to identify third-country nationals in need of international protection among intercepted migrants.

2012/09/27
Committee: LIBE

Proposal for a regulation
Recital 9 b (new)

(9 b) Clear, transparent and fair rules need to be fixed to provide for a treatment of intercepted third-country nationals that respects and fulfils the obligations of the Union and the Member States towards them under international and European human rights law.

2012/09/27
Committee: LIBE

Proposal for a regulation
Recital 9 c (new)

(9 c) Since this Regulation considerably extends the remit of the Agency as it is defined in Regulation (EC) No 2007/2004, it should be ensured that the activities of the Agency related to EUROSUR match the general framework of its mandate.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 1

This Regulation establishes a common framework for the exchange of information and cooperation between Member States and the Agency in order to improve the situational awareness and reaction capability to protect the lives of migrants, to prevent cross-border crime at the external borders of the Member States and of the European Union, and to ensure effective access to international protection, hereinafter referred to as the European Border Surveillance System (EUROSUR).

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation shall apply to the surveillance of land and sea external borders of the Member States, including measures for monitoring, detection, identification, tracking~~, prevention and interception of illegal~~ and prevention of cross-border cr~~ossings~~ime.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 a (new)

1 a. This Regulation shall be without prejudice to Union legislation as regards human rights, access to international protection, human trafficking, especially identification of victims thereof, and return.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 2

2. This Regulation shall not apply to ~~operational,~~ procedural and legal measures taken after interception except for the purposes of Articles 15a and 15b.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 3

3. Member States and the Agency shall comply with fundamental rights, including data protection requirements, when applying this Regulation. They shall give priority to the special needs of children, victims of trafficking, persons in need of urgent medical assistance, persons in need of international protection, persons in distress at sea and other persons in a ~~particularly~~ vulnerable situation.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 3 – point a

(a) ‘situational awareness’ means the ability to monitor, detect, identify, track and understand criminal cross-border activities ~~in order to find reasoned grounds for control measures~~ on the basis of combining new information with existing knowledge;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 3 – point c

(c) ‘situational picture’ means a graphical interface to present non-personal real-time data, information and intelligence received from different authorities, sensors, platforms and other sources, which is shared across communication and information channels with other authorities in order to achieve situational awareness and support the reaction capability along the external borders and the pre-frontier area;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 3 – point d

(d) ‘cross-border crime’ means any serious or organised crime committed at the external borders of Member States, such as trafficking in human beings, smuggling of drugs ~~and other illicit activities~~;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 3 – point f

(f) ‘pre-frontier area’ means the geographical area beyond the external sea border of Member States, which is not covered by a national border surveillance system.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 3 – point f a (new)

(f a) 'interception' means one of the measures employed by States with regard to persons who do not have the required documentation or valid permission to enter in order to: (i) prevent embarkation of these persons on an international journey; (ii) prevent further onward international travel by these persons who have commenced their journey; or (iii) assert control of vessels where there are reasonable grounds to believe the vessel is transporting these persons contrary to international or national maritime law.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 3 – point f b (new)

(f b) 'personal data' shall be within the meaning of Directive 95/46/EC.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 3 – point f c (new)

(f c) 'international protection' means international protection as defined in Article 2(h) of Directive 2011/95/EU of the European parliament and of the Council of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted1. ____________ 1 OJ L 337, 20.12.2011, p. 9.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. The national coordination centre shall, in accordance with national law:

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 3 – point e

~~(e) administer the national border surveillance system, where applicable in accordance with national law;~~deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 3 – point f

~~(f) measure regularly the effects of national border surveillance activities;~~deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 3 a (new)

3 a. While performing their tasks, staff of the National Coordination Centres shall comply with Union and international law and shall observe fundamental rights and the national law of the Member State.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4 a. Each National Coordination Centre shall submit an annual report of its activities to its respective national Parliament.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 6

Article 6 The Agency 1. The Agency shall (a) administer the communication network for EUROSUR in accordance with Article 7; (b) establish and maintain the European situational picture in accordance with Article 10; (c) establish and maintain the common pre-frontier intelligence picture in accordance with Article 11; (d) facilitate the common application of surveillance tools in accordance with Article 12. 2. For the purposes of paragraph 1, the Agency shall operate twenty four hours a day and seven days a week.deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The Agency shall establish and maintain a communication network in order to provide communications and analytical tools and allow for the secure exchange of non-classified ~~sensitive~~ and classified information in near real time with and between the national coordination centres. The network shall be operational twenty four hours a day and seven days a week and allow for:

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1 – point c

(c) secure handling, storing, processing of non-classified ~~sensitive~~ information;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 3

3. The Agency and the national coordination centres shall exchange, process and store non-classified ~~sensitive~~ and classified information in the communication network in compliance with rules and standards which apply the basic principles and common standards of or are equivalent to the Commission Decision 2001/844/EC amending its internal Rules of Procedure.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 8 – paragraph 2 – point a

(a) an events layer, containing information on incidents concerning ~~irregular migration,~~ cross-border crime and crisis situations;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 1

1. The national coordination centre shall establish and maintain a national situational picture, in order to provide all authorities with responsibilities in border surveillance at national level with effective, accurate and timely information which is relevant for the pr~~even~~otection of ~~irregular migra~~the lives of migrants and the prevention ~~and~~of cross-border crime at the external borders of the Member State concerned.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 2 – point b

(b) stationary ~~and mobile~~ sensors operated by national authorities with a responsibility for external border surveillance;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 3 – point a

(a) a sub-layer on ~~irregular~~ migration, which shall contain information on incidents ~~concerning illegal border crossings of migrants~~ occurring at or nearby the external borders of the Member State concerned, ~~on facilitations of irregular border crossings and on any other relevant irregular migration incident,~~ such as a search and rescue mission for persons ~~attempting to cross the border illegally~~in distress.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 3 – point b

(b) a sub-layer on cross-border crime, which shall contain information on incidents concerning trafficking in human beings, smuggling of drugs and other illicit goods, and on any other serious and organised or organised crime incident at or nearby the external borders of the Member State concerned;deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 3 – point c

(c) a sub-layer on crisis situations, which shall contain information with regard to natural and man-made disasters, accidents, human and political crisis and any other crisis situation occurring at or nearby the external borders of the Member State concerned, which may have a significant impact on the ~~control of~~fluxes of persons arriving at the external borders;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 3 – point d

(d) a sub-layer on other events, which shall contain information on unidentified and suspect platforms and persons present at or nearby the external borders of the Member State concerned, as well as any other event which may have a significant impact on the control of the external borders;deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 4

4. Each incident in the events layer of the national situational picture shall be assigned with a single indicative impact level, ranging from ‘low’ and ‘medium’ to ‘high’ impact. All events assigned with a ‘medium’ to ‘high’ impact levelAll events shall be shared with the Agency.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 6 – point a

(a) an information sub-layer, which shall contain key developments and indicators relevant for the analysis of ~~irregular migration and~~ cross-border crime.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 6 – point c

~~(c) an intelligence picture sub-layer, which shall contain migrant profiles, routes, information on the impact levels attributed to the external land and sea border sections and facilitation analysis.~~deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1

1. The Agency shall establish and maintain a European situational picture in order to provide the national coordination centres with information and analysis which is relevant for the pr~~even~~otection of ~~irregular migra~~the lives of migrants and the prevention ~~and~~of cross- border crime at the external borders of the Member States.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 3 – point a

(a) incidents regarding ~~irregular migration and~~ cross-border crime as well as crisis situations and on other events contained in the events layer of the national situational picture, which has been assigned with a medium or high impact level by the national coordination centre;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 3 – point b

(b) incidents regarding ~~irregular migration and~~ cross-border crime as well as crisis situations and other events contained in Common Pre-Frontier Intelligence Picture, once it is having a moderate or significant impact on the external borders of the Member States;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 3 – point c

(c) incidents regarding ~~irregular migration and~~ cross-border crime in the operational area of a joint operation coordinated by the Agency.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 6 – point c

~~(c) an intelligence picture sub-layer, which shall contain migrant profiles, routes, information on the impact levels attributed to the external land and sea border sections and facilitation analysis;~~deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 7

~~6. The information on own assets in the operational layer of the European situational picture shall be classified as EU Restric~~deleted.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 11 – paragraph 1

1. The Agency shall establish and maintain a common pre-frontier intelligence picture in order to provide the national coordination centres with information and analysis on the pre-frontier area which is relevant for the prevention of ~~irregular migration and~~ serious or organised crime at the external borders of the Member States and in neighbouring third countries.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 11 – paragraph 3

~~3. The common pre-frontier intelligence picture may contain information which is relevant for air border surveillance operations and checks at border crossing points.~~deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 11 – paragraph 4

4. The events layer of the common pre- frontier intelligence picture shall include information on: any incident, crisis situation and on any other event in the pre- frontier area, which could have a moderate or significant impact on ~~irregular migration and~~ cross-border crime at the external borders of the Member States.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 11 – paragraph 5

5. The Agency shall assign a single indicative impact level to each incident in the events layer of the common pre- frontier intelligence picture. The Agency shall inform the national coordination centres on any incident in the pre-frontier area, which has been assigned with a medium or high impact level.deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 2 – point a

(a) selective monitoring of designated ~~third country ports and coast~~pre- frontier areas which have been identified through risk analysis a~~nd intelligence as embarkation or transit points for vessels used for irregular migration and~~s transit points for vessels that are non-seaworthy and/or used for cross-border crime;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 2 – point b

(b) tracking of a vessel over high seas which is suspected of or has been identified as being used for ~~irregular migration and~~ cross-border crime;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 2 – point c

~~(c) monitoring of designated areas in the maritime domain in order to detect, identify and track vessels suspected of or used for irregular migration and cross- border crime;~~deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 2 – point e

(e) selective monitoring of designated pre- frontier areas at the external land border, which have been identified through risk analysis and intelligence as potential departure or transit areas for irregular migration and cross-border crime.deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 3 – point c

~~(c) sensors mounted on any platforms, including manned and unmanned aerial vehicles.~~deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 5

~~5. The Agency may use on its own initiative the surveillance tools referred to in paragraph 2 for collecting information which is relevant for the common pre- frontier intelligence picture.~~deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 12 a (new)

Article 12 a Processing of personal data 1. The National Situational Picture may be used for processing personal data only to the extent strictly necessary for the purposes of EUROSUR in accordance with Directive 95/46/EC, the national legislation implementing it and other relevant Union and national legislation. 2. The European Situational Picture and the Common Pre-Frontier Intelligence Picture may only be used for processing personal data: (a) for the registration numbers of vehicles, vessels and other craft, which shall be processed in accordance with Regulation (EC) No 45/2001 and Directive 95/46/EC; (b) to the extent allowed by Article 11c of Regulation (EC) No 2007/2004. 3. Every natural person shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 13

Article 13 Determination of external border sections Each Member State shall divide its external land and sea borders into border sections, with a local or regional coordination centre ensuring the effective and efficient management of personnel and resources.deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 14

Article 14 Attribution of impact levels to external border sections 1. Based on the Agency's risk analysis and after consultation of the Member States concerned, the Agency shall attribute the following impact levels to each of the external land and sea border sections of Member States: (a) low impact level in case the incidents related to irregular migration and cross- border crime occurring at the border section in question have an insignificant impact on border security; (b) medium impact level in case the incidents related to irregular migration and cross-border crime occurring at the border section in question have a moderate impact on border security; (c) high impact level in case the incidents related to irregular migration and cross- border crime occurring at the border section in question have a significant impact on border security. 2. The national coordination centre shall regularly assess whether there is a need to adjust the impact level of any of the border sections. The national coordination centre may invite the Agency to change the impact level by providing substantiated information on the altered conditions at the external border section concerned. 3. The Agency shall visualise of the impact levels attributed to the external borders in the European situational picture.deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 15

Reaction corresponding to impact levels 1. The Member States shall ensure that the surveillance and patrolling activities carried out at the external border sections correspond to the attributed impact levels in the following manner: (a) where a low impact level is attributed to an external border section, the local or regional coordination centre shall organize regular surveillance on the basis of risk analysis and ensure that sufficient patrols are being kept in the border area in readiness for tracking, identification and interception; (b) where a medium impact level is attributed to an external border section, the national coordination centre shall support the local or regional coordination centre by the temporary allocation of additional personnel and resources; (c) where a high impact level is attributed to an external border section, the national coordination centre shall ensure that the local or regional coordination centre is given all necessary support at national level, including information, resources and personnel; the national coordination centre may also request the Agency for support in accordance with the provisions of Regulation (EC) No 2007/2004. 2. The national coordination centre shall inform the Agency about the measures taken at national level pursuant to points (b) and (c) of paragraph 1 without any delay. 3. Where a medium or high impact level is attributed to an external border section which is adjacent to the border section of another Member State or a third country, the national coordination centre shall coordinate the measures taken with the national coordination centre of the neighbouring country. 4. Where a national coordination centre submits a request according to point (c) of paragraph 1, the Agency may support that centre in particular by (a) giving priority treatment for the common application of surveillance tools; (b) coordinating the deployment of European Border Guard Teams in accordance with Regulation (EC) No 2007/2004; (c) ensuring the deployment of technical equipment at the disposal of the Agency in accordance with Regulation (EC) No 2007/2004; (d) coordinating any additional support offered by Member States. 5. The Agency shall evaluate the attribution of impact levels and the corresponding measures taken at national and Union level in its risk analysis reports.Article 15 deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 15 a (new)

Article 15 a Responsibility for Search and Rescue operations 1. If in the context of surveillance and patrolling activities laid down in Article 15(1), a vessel is detected and found to be in distress, the national coordination centre that is responsible for the area where the vessel is located shall immediately organise a search and rescue operation that results in rendering the necessary assistance to the vessel and the persons aboard thereof. As a rule, the vessel shall be brought to the next safe haven in a Member State. 2. If no national coordination centre is responsible for the area where a vessel is detected and found to be in distress, relevant information shall immediately be passed to the Agency which shall either determine the Member State responsible for the individual search and rescue operation or use its own capacities. The criteria for the determination of the Member State responsible shall be laid down in the operational layer of the European Situational Picture as defined in Article 10(5).

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 15 b (new)

Article 15 b Treatment of intercepted migrants 1. If in the course of an interception or a search and rescue operation, persons either claim to be or are evidently in need of international protection they shall be immediately brought to the territory of a Member State and given access to fair determination procedures that meet the standards laid down in Directive.../.../EU of the European Parliament and of the Council of... [on common procedures for granting and withdrawing international protection status (Recast)]. 2. Article 10(1) of Council Regulation (EC) No 343/2003/EC shall not apply to the persons referred to in paragraph 1. 3. The Agency and the Member States shall ensure that the treatment and level of protection of intercepted third-country nationals who are not subject to the mechanism mentioned in paragraph 1, are not less favourable than as set out in the following: (i) where – as a last resort – coercive measures are used to carry out the removal of an intercepted person who resists removal, such measures shall be proportionate and shall not exceed reasonable force. They shall be implemented in accordance with fundamental rights and with due respect for the dignity and physical integrity of the person concerned; (ii) removal of an intercepted person may be postponed taking into account the specific circumstances of the individual case. In particular the person's physical state or mental capacity shall be taken into account; (iii) emergency healthcare and essential treatment of illness shall be provided; (iv) special needs of vulnerable persons shall be taken into account.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 16

Allocation of tasks to other centres in the 1. Member States may entrust regional, local, functional or other centres, which are in the position to take operational decisions, with ensuring the situational awareness and reaction capability in the respective area of competence, including the tasks and competences referred to in points (b), (d) and (e) of Article 5(3). 2. The decision of the Member State referred to in paragraph 1 shall not affect the national coordination centre in its ability to cooperate and exchange information with other national coordination centres and the Agency. 3. In pre-defined cases the national coordination centre may authorise a centre referred to in paragraph 1 to communicate and exchange information with the regional coordination centre or the national coordination centre of another Member State or third country on condition that it regularly informs its own national coordination centre about the communication and information exchange.rticle 16 deleted Member States

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 17 – paragraph 2 – point d

(d) international and non-governmental organisations which can provide the Agency with information relevant for maintaining the European Situational Picture and the Common Pre- Frontier Intelligence Picture.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 18 – paragraph 1

1. The exchange of information and cooperation with neighbouring third countries on pr~~even~~otecting ~~irregular migration and~~lives of migrants and preventing cross-border crime may take place on the basis of bilateral or multilateral agreements between one or several Member States and one or several neighbouring third countries concerned. The national coordination centres of the Member States shall be the contact point for the exchange of information between the network referred to in Article 7 and the regional networks with neighbouring third countries. Those agreements shall be transmitted to the respective national Parliament and notified to the Commission. The Commission shall inform the European Parliament of any such agreement, including the content of these agreements.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 18 – paragraph 2

2. Any exchange of information under paragraph 1 of this Article and under point (h) of Article 9(2), which a third country that could use this information to identify persons or groups of persons who are under a ~~serious~~ risk of being subjected to torture, inhuman and degrading treatment or punishment or discrimination or any other violation of fundamental rights, shall be prohibited.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 18 – paragraph 5 a (new)

5 a. The National Coordination Centres and the Agency shall keep a logbook that keeps track of all transactions of information with third countries in order to enable supervisory authorities to review the exchange of information with third countries and verify that data protection legislation is respected. This logbook shall only be accessible to competent supervisory authorities.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 20 – paragraph 1

1. The Agency shall ensure that procedures are in place to monitor the technical and operational functioning of EUROSUR against the objectives of achieving an adequate situational awareness and reaction capability at the external borders, and against the respect for fundamental rights.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 20 – paragraph 2

2. The Agency shall submit a report on the functioning of EUROSUR on 1 October 20154 and every ~~two~~ years thereafter.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 20 – paragraph 3

3. The Commission shall provide an overall evaluation of EUROSUR to the European Parliament and the Council on 1 October 2016 and every ~~four~~three years thereafter. This evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in the Member States and by the Agency, and the compliance with fundamental rights, including as regards the processing of personal data. That evaluation shall be accompanied, where necessary, by appropriate proposals to amend this Regulation.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 21 – paragraph 3

3. Article 5(1) shall apply to the Member States located at the southern sea and eastern land external borders of the Union (Bulgaria, Cyprus, Estonia, Finland, France, Greece, Hungary, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovak Republic, Slovenia and Spain) from 1 October 2013.deleted

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 21 – paragraph 4

~~Article 5(1) shall apply to the remaining Member States with land and sea external borders (Belgium, Germany, Netherlands and Sweden) as from 1 October 2014.~~deleted

2012/09/27
Committee: LIBE