15 Amendments of Cornelia ERNST related to 2013/0106(COD)
Amendment 55 #
Proposal for a regulation
Recital 7
Recital 7
(7) During a border surveillance operation at sea, a situation may occur where it will be necessary to render assistance to persons found in distress. In accordance with international law, every State must require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers, to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress. Such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found. Accordingly, no measures should be taken against ship masters who have rendered assistance to persons in distress at sea.
Amendment 60 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Clear rules should ensure that when persons in distress at sea are detected the responsible Rescue Coordination Centre is easily and quickly identified. In case of doubt, e.g. when a boat is floating between different search and rescue regions, the International Coordination Centre should appoint the responsible Rescue Coordination Centre.
Amendment 63 #
Proposal for a regulation
Recital 9
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, and including rules and procedures which ensure that persons with international protection needs, including potential victims of trafficking, unaccompanied minors and other vulnerable persons, are identified during the operation, and that these persons are provided with appropriate assistance, including access to asylum and other international protection. 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. The operational plan should also provide for the proper monitoring of the operation by the Agency's Fundamental Rights Officer or any other body appointed for that purpose.
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
In their national operations that are not coordinated by the Agency, Member States shall apply, mutatis mutandis, the rules on search and rescue, interception competences and fundamental rights guarantees as laid down in this Regulation.
Amendment 82 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. No person shall be disembarked in, returned to, or otherwise handed over to the authorities of a country where there is a serious risk that such person would be subjected to the death penalty, to other serious dangers for their life and limb, to torture or other inhuman or degrading treatment or punishment or from which there is a serious risk of expulsion, removal or extradition to another country in contravention of the principle of non- refoulement.
Amendment 88 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before deciding on disembarkation in, or return to a third country is considered, the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in or returned to 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.
Amendment 94 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In case ofBefore disembarkation in, or return to a third country, the participating units shall identify the intercepted or rescued persons and assess their individual personal circumstances to the extent possible before disembarkation. They 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 anyin a language which these persons understand of the place of disembarkation or return and of their right to express opposition against the intended measure as well as the reasons for believing that disembarkation or return in the proposed place would be in violation of the principle of non-refoulementir rights.
Amendment 100 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. If an intercepted or rescued person opposes the intended disembarkation in, or return to a third country or expresses reasons for believing that the intended measure would be in violation of the principle of non-refoulement, the person shall be disembarked on the territory of a Member State where he or she is able to make use of the legal remedies provided for in Article 13(3) of the Schengen Borders Code, and/or is given access to an asylum procedure in accordance with Article 6 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection.
Amendment 101 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The participating units shall addressensure the special needs of children, victims of trafficking, persons in need of urgent medical assistance, persons in need of international protection and other persons in a particularly vulnerable situation throughout the sea operationare sufficiently met in all decisions and measures throughout the sea operation. For this purpose, participating units shall be able to draw on medical doctors, interpreters and other relevant experts.
Amendment 131 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The measures described in points (e) and (f) of paragraph 1 may only be taken if the participating unit: (i) has ascertained that the new destination of the ship meets the requirements for a place of safety and those laid down in Article 4(1) and (ii) has conducted, if applicable, the activities provided for in Article 4(2) to (4). Article 6 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection shall apply.
Amendment 153 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The measures described in point (f) of paragraph 1 may only be taken if the participating unit: (i) has ascertained that the new destination of the ship meets the requirements for a place of safety and those laid down in Article 4(1) and (ii) has conducted, if applicable, the activities provided for in Article 4(2) to (4). Article 6 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection shall apply.
Amendment 160 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In the 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(1a) and (2).
Amendment 167 #
Proposal for a regulation
Article 9 – paragraph 2
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. In cases where it is unclear which Rescue Coordination Centre is responsible, the participating unit shall forward all available information as soon as possible to the International Coordination Centre which, in turn, shall immediately appoint a responsible Rescue Coordination Centre.
Amendment 175 #
Proposal for a regulation
Article 9 – paragraph 6 – point i a (new)
Article 9 – paragraph 6 – point i a (new)
(ia) the presence of persons with disabilities or of other vulnerable persons;
Amendment 203 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Rescue by private parties Each Member State shall require the master of a ship flying its flag to proceed with all possible speed to the rescue of persons in distress at sea and to render all possible assistance to them regardless of their nationality or status or of the circumstances in which these persons are found, provided that he can do so without serious danger to the ship, the crew or the passengers. Member States shall not take any measures, including criminal procedures and sanctions, against ship masters who have rescued persons in distress and brought them to a harbour on their territory.