Activities of Marie-Christine VERGIAT related to 2011/0365(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa PDF (554 KB) DOC (405 KB)
Amendments (30)
Amendment 49 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a multi-layer system aimed at facilitating legitimate travel and tackling illegal immigrationtravel in the Union and international exchanges encouraging and developing cultural diversity and intercultural understanding, and tackling irregular immigration. In realising this objective it is necessary to ensure respect for fundamental rights (Article 67(1) of the Treaty on the Functioning of the European Union)and human dignity in accordance with the provisions of the Charter of Fundamental Rights and the European Convention on Human Rights and, concerning the development of a common asylum, immigration and external border control policy, the fair treatment of third country nationals (Article 67(2) of the Treaty on the Functioning of the European Union), respect for their right of asylum and international protection, the principle of non-refoulement and sea rescue of migrants and compliance with the international obligations of the Union and Member States arising from the international instruments, for example the 1951 Geneva Convention, to which they are signatory.
Amendment 52 #
Proposal for a regulation
Recital 3
Recital 3
(3) Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and the rule of law as well as a strong focus on the global perspective, the principles of international protection and the rule of law, the prevention of various forms of crime, this being which is particularly necessary in this period of crisis, given the upsurge in acts of racism and xenophobia and the resurgence of political extremism directed at foreigners, and the inextricable link with external security should be key principles guiding the implementation of the Internal Security Strategy, which forms part of the area of freedom, security and justice.
Amendment 57 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 60 #
Proposal for a regulation
Recital 13
Recital 13
(13) This instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, including the right of asylum and assistance to all persons whose life is in danger or who are in danger of inhuman or degrading treatment or punishments.
Amendment 69 #
Proposal for a regulation
Recital 18
Recital 18
(18) The Instrument should also support the development by the European Union of IT systems which would equip Member States with the tools to manage the movement of third-country nationals across borders more efficiently and to ensure a better identification and verification of travellers ("smart borders"). To this end, a programme should be established the aim of which is to cover cost for the development of both the central and national comp, in accordance with the principles of proportionality and necessity. Information systems must comply with personal data protection provisions and obligations such as those laid down by Union law and Council of Europe convents of such systems, ensuring technical consistency, cost savings and a smooth implementation in the Member Stations. Furthermore, such information systems may not be interconnected with each other or with those of other EU agencies, bodies or institutions. Finally, data which has been collected and processed may not be forwarded to third countries.
Amendment 70 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 76 #
Proposal for a regulation
Recital 23
Recital 23
(23) In light of the experiences gained with the External Borders Fund and the development of the SIS and VIS, it is considered appropriate to allow for flexibility regardssess the implementation of the SIS development and operational measures, ing possible transfers of resources between the different means ofarticular SIS II, and of the VIS before proposing any further extension or transfer of the systems for implementation of the objectives pursued under the Instrument, without prejudice to the principle of ensuring from the start a critical mass and financial stability for the programmes and the operating support for Member States.
Amendment 79 #
Proposal for a regulation
Recital 24
Recital 24
(24) In the same vein, tThe scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should also be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arisefor example in terms of international cooperation. Such Union actions include studies and pilot projects to further theUnion policy and its application, measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulatseeking to encourage development in third countries.
Amendment 83 #
Proposal for a regulation
Recital 25
Recital 25
(25) Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the EU supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measuresinternational obligations of the Union and Member States regarding human rights, democracy with its principles and values and the rule of law.
Amendment 91 #
Proposal for a regulation
Article 2 – point e
Article 2 – point e
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Instrument shall be to contribute to ensuring a high level of security in the European Union, in accordance with the obligations of the Union and its Member States regarding human rights, including the principle of non-refoulement and the right of asylum recognised under the Charter of Fundamental Rights and the ECHR.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 2 – point a – paragraph 1
Article 3 – paragraph 2 – point a – paragraph 1
(a) supporting a common visa policy to facilitate legitimate traveltravel in accordance with the law of the Union or Member State concerned, ensure equal treatment of third country nationals and tackle irregular migration.
Amendment 105 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 1
Article 3 – paragraph 2 – point b – paragraph 1
(b) supporting borders management, to ensure, on one hand, a high level of protection of external borders and, on the other hand, the smooth crossing of the external borders in conformity with the Schengen acquis, and guarantee access to the asylum procedure, irrespective of the method of arrival on the territory of a Member State, in accordance with international obligations of the Member States concerning human rights and including the principle of non- refoulement.
Amendment 117 #
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) setting up and running IT systems, their communication infrastructure and IT equipment supporting the management of migration flows across the external borders of the Union, while ensuring strict respect for human rights and in particular EU personal data protection legislation;
Amendment 131 #
Proposal for a regulation
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
(f) reinforcing the cooperation between Member States operating in third countries as regards the flowin particular cooperation, including cultural cooperation with third countries of twhird-country nationals into the territory of Member States, as well as the cooperation with third countries in this regardch numerous nationals are seeking to settle permanently in the territory of Member States.
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
Amendment 138 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) operating equipment, means of transport and communication systems required for effective border control and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology required for effective border surveillance, such as fixed terminals for VIS and SIS, strictly respecting human rights and in particular Union personal data protection legislation;
Amendment 142 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) IT systems for the management of migration flows across borders, while strictly respecting human rights and in particular EU personal data protection legislation;
Amendment 151 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) actions aiming to foster operational co- operation between Member States and third countries, including joint operations;
Amendment 152 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) studies, events, training, equipment and pilot projects to provide ad hoc technical and operational expertise to third countries with regard to visas with the exception of anything relating to biometrics;
Amendment 154 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) studies, events, and training, equipment and pilot projects implementing specific recommendations, operational standards and best practices, resulting fromparticularly concerning obligations in terms of respect for fundamental freedoms and human rights and the opinternational cooperation between Member States and Union agencies in third countriesobligations of the Union or its Member States, for example with regard to sea rescue and the right of asylum.
Amendment 160 #
Proposal for a regulation
Article 5 – paragraph 3 – point e
Article 5 – paragraph 3 – point e
Amendment 161 #
Proposal for a regulation
Article 5 – paragraph 3 – point f
Article 5 – paragraph 3 – point f
Amendment 167 #
Proposal for a regulation
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
Amendment 173 #
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) EUR 270 million for Union actions, emergency assistance and technical assistance at the initiative of the Commission.
Amendment 196 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) supporting and expanding the existing capacity at national level in the management of the external borders, bearing in mind inter alia new technology, developments and/or international provisions and standards in relation to the management of migration flows;
Amendment 197 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating legitimate travel totravel in accordance with the law of the EU or the Member State concerned and preventing irregular migration into the Union;
Amendment 199 #
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) reinforcing the integrated border management by testing and introducing new tools, interoperable systems while complying with the ban on all linkages of personal data and/or data from databases relating to third country nationals, and working methods which aim to enhance information exchange within the Member State or to improve interagency co- operation;
Amendment 225 #
Proposal for a regulation
Article 14
Article 14