Activities of Marie-Christine VERGIAT related to 2018/0249(COD)
Plenary speeches (1)
Instrument for financial support for border management and visa (debate) FR
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa PDF (444 KB) DOC (203 KB)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa
Amendments (252)
Amendment 5 #
Proposal for a regulation
Recital 1
Recital 1
(1) In the context of evolving migratory challenges in the European UnionBorder management, given the new challenges to be met, has well as security concerns,to preservinge the careful balance between free movement of persons on the one hand, and security on the other is of utmost importance. The Union’s objective of ensuring a high level of security within an area of freedom, security and justice pursuant to Article 67(3) of the Treaty on the Functioning of the Union (TFEU) should be achieved, among other means, through common measures on the crossing of internal borders by persons and on border controls at external borders and the common visa policy.
Amendment 8 #
Proposal for a regulation
Recital 5
Recital 5
(5) European integrated border management, as implemented by the European Border and Coast Guard, established by Regulation (EU) 2016/1624 of the European Parliament and of the Council13, composed of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks, is necessary for improving migrationborder management and security. _________________ 13 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
Amendment 9 #
Proposal for a regulation
Recital 9
Recital 9
(9) Financial support from the Union budget is indispensable to the implementation of European integrated border management to support Member States in managing the crossing of the external borders efficiently and in addressing migratory challenges and potential future threats at those borders, thereby contributing to addressing serious crime with a cross- border dimension while acting in full respect ofor fundamental rights.
Amendment 14 #
Proposal for a regulation
Recital 11
Recital 11
(11) As customs authorities of the Member States have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external borders, ensuring uniformity in carrying out border control and customs control at the external borders needs to be addressed by providing adequate Union financial support to the Member States. This will not only strengthen customs controls, in order both to combat all forms of trafficking, not least goods trafficking at borders, and to combat terrorism, but also facilitate legitimate trade, contributing to a secure and efficient customs union.
Amendment 18 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should, in particular, ensure full respect for the right to the protection of personal data, as set out in Article 16 TFEU, and the right to private and family life, as set out in Article 7, the right to asylum, as set out in Article 18, and the rights of the child, as set out in Article 24 of that Charter.
Amendment 19 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) Member States are mindful of their obligations under international law, in particular the UN Convention Relating to the Status of Refugees, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the 1966 New York International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the 1951 Geneva Convention and the 1967 New York Protocol, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on Maritime Search and Rescue, and other relevant international instruments.
Amendment 20 #
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) Those obligations apply equally to third countries with which Member States and the Union work. If a third country contravenes any of the above texts, the Member States undertake to cease all cooperation with that third country.
Amendment 21 #
Proposal for a regulation
Recital 15 d (new)
Recital 15 d (new)
(15d) This Regulation establishes a mechanism for evaluating and monitoring the human rights impact of projects financed by the instrument, whereby funding granted to a Member State or a third country may be suspended when a breach has been found to occur.
Amendment 22 #
Proposal for a regulation
Recital 17
Recital 17
(17) To ensure a uniform and high- quality external border control and to facilitate legitimate travel across the external borders, the instrument should contribute to the development of European integrated border management that includes all the measures involving policy, law, systematic cooperation, burden- sharing, assessment of the situation and changing circumstances regarding crossing points for irregular migrants, personnel, equipment and technology taken at different levels by the competent authorities of the Member States and by the European Border and Coast Guard Agency, acting in cooperation with other actors such as third countries and other EU bodies, in particular the European Agency for the operational management of large- scale IT systems in the area of freedom, security and justice (eu-LISA), Europol and international organisations.
Amendment 25 #
Proposal for a regulation
Recital 18
Recital 18
(18) The instrument should contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and irregular migration risks, as well as facilitating visa procedures for bona fide travellersso as to improve border security while facilitating mobility. In particular, the instrument should deliver financial assistance to support digitalisation of visa processing with the objective tof provideing fast, secure and client- friendly visa procedures for the benefit of both visa applicants and consulates. The instrument should also serve to ensure wide consular coverage across the world. The uniform implementation of the common visa policy and its modernisation should also be covered by the instrument.
Amendment 26 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 28 #
Proposal for a regulation
Recital 21
Recital 21
(21) The instrument should complement and reinforce the activities to implement European integrated border management in line with shared responsibility and solidarity between the Member States and the European Border and Coast Guard Agency representing the two pillars of the European Border and Coast Guard. This means, in particular, that, when drawing up their programmes, Member States should take into account the analytical tools and operational and technical guidelines developed by the European Border and Coast Guard Agency as well as the training curricula developed by it, such as the common core curricula for the training of border guards, including its components with regard to fundamental rights and access to international protection. In order to develop complementarity between its mission and the responsibilities of the Member States for the control of the external borders as well as to ensure consistency and to avoid cost inefficiency, the Commission should consult the European Border and Coast Guard Agency on the draft national programmes submitted by the Member States in as far as it falls within the Agency’s competencies, in particular on the activities financed under operating support, as well as consulting FRA with a view to ensuring compliance with the principles of proportionality and necessity, taking into account the likelihood of breaches of fundamental rights, including where the protection of personal data and the right to privacy are concerned.
Amendment 30 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 31 #
Proposal for a regulation
Recital 33
Recital 33
(33) To strengthen the complementarity and to reinforce the consistency of maritime activities as well as to avoid duplication of efforts and to alleviate budgetary constraints in an area of costly activities such as the maritime domain, the instrument should support maritime operations of multi-purpose character where the main objective is border surveillance but other objectives could additionally be pursued simultaneously.
Amendment 36 #
Proposal for a regulation
Recital 34
Recital 34
(34) Measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Unionʼs external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question. In relation to the external dimension, the instrument should target support to enhance cooperation with third countries and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the Union’s migration policy and the Union’s security objectives. External financing instruments should not, under any circumstances, make development aid conditional upon good cooperation of third countries as regards management of the Union’s external borders.
Amendment 37 #
Proposal for a regulation
Recital 36
Recital 36
(36) A Member State may be deemed not to be compliant with the relevant Union acquis, including as regards the use of operating support under this instrument, if it has failed to fulfil its obligations under the Treaties in the areas of border management and visas, if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on border management and visa ors, if an evaluation report under the Schengen evaluation and monitoring mechanism has identified deficiencies in the relevant area, or if, when cooperating with a third country, the Member State has financed and taken joint actions with that third country and these have led to breaches of fundamental rights identified by the above evaluation and monitoring mechanism.
Amendment 38 #
Proposal for a regulation
Recital 37
Recital 37
(37) The instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this Regulation. In order to meet the requirements in terms of transparency of funding , the Commission, with the cooperation of the Member States, should publish information on the development of the annual and multiannual programmes under the thematic facility. Member States should be obliged to share all information in their possession on the development of programmes under shared management. That information should be centralised by the Commission and published on a single portal.
Amendment 39 #
Proposal for a regulation
Recital 40
Recital 40
(40) As challenges in the area of border management and visas are constantly evolving there is a need to adapt the allocation of funding to the changes in migration flowmovements, pressure at the border and security threats and steer funding towards the priorities with the highest added value for the Union. To respond to pressing needs, changes in policy and Union priorities and to steer funding towards actions with a high level of added value for the Union, part of the funding will be periodically allocated to specific actions, Union actions and emergency assistance, via a thematic facility.
Amendment 40 #
Proposal for a regulation
Recital 43
Recital 43
(43) Part of the available resources under the instrument could also be allocated to Member States’ programmes for the implementation of specific actions in addition to their initial allocation. These specific actions should be identified at Union level and should concern actions which require cooperative effort among Member States or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States, such as the purchase through the national programmes of Member States of technical equipment needed by the European Border and Coast Guard Agency to perform its operational activities, the modernisation of the processing of visa applications, the development of new large-scale IT systems and the setting-up of interoperability between those systems. These specific actions will be defined by the Commission in its work programmes.
Amendment 41 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionatedevelopments in migratory pressuremovements, in particular at those border sections where the impact level has been identified in line with Regulation (EU) No 1052/2013 of the European Parliament and of the Council38 as such that it jeopardisesmight call the functioning of the Schengen area as a whole, as well as pressure on the visa sec into questions of Member States’ consulatr it poses ora risks to border security, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation. [1] Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11). _________________ 38 Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).
Amendment 42 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionate migratory pressure, in particular at those border sections where the impact level has been identified in line with Regulation (EU) No 1052/2013 of the European Parliament and of the Council38 as such that it jeopardises the functioning of the Schengen area as a whole, as well as pressure on the visa sections of Member States’ consulates or risks to border security, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation. Where there is cooperation with a third country, such emergency assistance should be intended solely for humanitarian purposes. Funding allocated for emergency assistance could thus finance reception arrangements for third-country nationals wishing to cross the border. In the long term, it should be possible to avoid situations of this kind by encouraging the granting of visas upstream and by means of new legal avenues to the Union. _________________ 38 Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).
Amendment 43 #
Proposal for a regulation
Recital 46
Recital 46
Amendment 44 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring strong and effective and fair European integrated border management at the external borders while safeguarding the security and free movement of persons within it, in full compliance with the Union’s commitments on fundamental rights, thereby contributing to guaranteeing a obligations and the commitments incumbent upon the Union and the Member States under the international instruments to whigch level of security in the Unionthey are signatories, in particular as regards fundamental rights.
Amendment 47 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegalrregular immigration and cross-border crime and to effectively manage migratory flows while ensuring respect for the right of asylum;
Amendment 50 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks.
Amendment 52 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Actions funded under the instrument shall be implemented in full compliance with fundamental rights and human dignity. In particular, actions shall comply with the Charter of Fundamental Rights of the European Union, Union data protection law, the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the principle of fair treatment of third-country nationals, the right to asylum and international protection, the principle of non-refoulement, and the international obligations of the Union and the Member States by virtue of their accession to international instruments such as the Geneva Convention of 28 July 1951 Relating to the Status of Refugees, as supplemented by the New York Protocol of 31 January 1967.
Amendment 53 #
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. When implementing actions funded under the instrument which are related to sea border surveillance, Member States shall pay special heed to their obligations under international maritime law to assist persons in distress. Equipment and systems supported under the instrument may be used in such search and rescue situations as might arise during a sea border surveillance operation, thereby helping to ensure protection and rescue at sea.
Amendment 55 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. To achieve the objectives of this Regulation, the instrument may supportprovide support by way of actions in line with Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5.
Amendment 59 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – point ii
(ii) third country listed in the work programme under the conditions specified therein and under the conditions set out in Article 5a.
Amendment 62 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states or in third countries, are eligible. Where the legal entities participating in a consortium are established in a third country, Article 6(3) shall apply.
Amendment 63 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Exceptionally, the Fund shall be open to third countries in accordance with the conditions laid down in a specific agreement, which should be made public, provided that the agreement: – states why, for every action, the participation of a third country is necessary in order to achieve the aims and why the participation of a third country brings added value to the objectives of this Regulation; – ensures a fair balance in terms of the contributions of, and the benefits to, the third country participating in the Fund; – lays down the conditions of participation in the Fund, including the calculation of financial contributions to the Fund and the related administrative costs. Those contributions shall constitute assigned revenue in accordance with Article [21(5)] of the Financial Regulation; – does not confer decision-making power on the third country concerning the Fund; guarantees the Union’s right to ensure sound financial management and protect its financial interests; – ensures that Article 3 of this Regulation will be fully complied with by establishing a mechanism for evaluating and monitoring the impact of funded projects in terms of human rights. Actions shall be eligible under this instrument only if they are carried out with third countries which respect human rights within their territory and at their borders.
Amendment 64 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission, the European Parliament, and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union instruments.
Amendment 65 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) EUR 4 811700 000 000 shall be allocated to the programmes implemented under shared management, of which EUR 157 200 000 for the Special Transit Scheme referred to in Article 16, implemented under shared management;
Amendment 66 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) EUR 3 2071 500 000 000 shall be allocated to the thematic facility.
Amendment 67 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II. When drawing up work programmes, the Commission shall consult the organisations representing the partners at Union level, including civil society, in accordance with Article 6(4) of the Common Provisions Regulation. A reasonable minimum percentage of funding shall be earmarked for civil society organisations and local authorities under each specific objective.
Amendment 68 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Commission, after consulting the European Parliament, shall establish the overall amount made available for the thematic facility under the annual appropriations of the Union budget.
Amendment 69 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Commission, after consulting the European Parliament, shall adopt financing decisions as referred to in Article 110 of the Financial Regulation for the thematic facility, identifying the objectives and the actions to be supported and specifying the amounts for each of its components, as referred to in paragraph 1. Financing decisions shall set out, where applicable, the overall amount reserved for blending operations.
Amendment 70 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Following the adoption of a financing decision as referred to in paragraph 3, the Commission, after consulting the European Parliament, may amend the programmes implemented under shared management accordingly.
Amendment 71 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. This section applies to the part of the financial envelope referred to in Article 7(2)(a), and the additional resources to be implemented under shared management according to the Commission decision, adopted after consultation of the European Parliament, for the thematic facility referred to in Article 8.
Amendment 72 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) EUR 4 009306 000 000 to the Member States in accordance with the criteria in Annex I;
Amendment 73 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) EUR 80260 000 000 to the Member States for the adjustment of the allocations for the programmes as referred to in in Article 13(1).
Amendment 74 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The contribution from the Union budget may be increased to 960% of the total eligible expenditure for projects implemented under specific actions.
Amendment 75 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The contribution from the Union budget may be increased to 960% of the total eligible expenditure for the actions listed in Annex IV.
Amendment 78 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Each Member State shall ensure that the priorities addressed in its programme are consistent with and respond to the Union priorities and challenges in the area of border management and visas, and that they are fully in line with the relevant Union acquis and agreed Union priorities, as well as with the international obligations of the Union and the Member States under the international instruments to which they are signatories. In defining the priorities of their programmes, Member States shall ensure that the implementing measuredelegated acts as set out in Annex II are adequately addressed.
Amendment 79 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission and the European Parliament shall ensure that the European Border and Coast Guard Agency and, where appropriate, eu-LISA, are associated with the process of developing the programmes of Member States at an early stage, in so far as it falls within the agencies’ competencies.
Amendment 80 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Commission and the European Parliament shall consult the European Border and Coast Guard Agency on the draft programmes with a specific emphasis on the activities included under operating support in line with Article 3(2)(a) to ensure consistency and complementarity of the actions of the Agency and those of the Member States regarding border management as well as to avoid double financing and to achieve cost efficiency.
Amendment 82 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission and the European Parliament may associate the European Border and Coast Guard Agency, and, where appropriate, eu-LISA, with monitoring and evaluation tasks as referred to in Section 5, in particular inwith a view tof ensuring that the actions implemented with the support of the instrument are compliant with the relevant Union acquis and agreed Union priorities.
Amendment 83 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Following the adoption of recommendations within the scope of this Regulation in accordance with Regulation (EU) No 1053/2013, and the recommendations issued in the framework of carrying out vulnerability assessments in accordance with Regulation (EU) 2016/1624, the Member State concerned shall examine, together with the Commission and the European Parliament, the most appropriate approach to address these recommendations with the support of this instrument.
Amendment 84 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 5. Depending on the impact of the adjustment, the revised programme may be approved by the Commission after consulting the European Parliament.
Amendment 85 #
Proposal for a regulation
Article 12 – paragraph 10
Article 12 – paragraph 10
10. Whenever a Member State decides to implement projects with or in a third country with the support of the instrument, the Member State concerned shall consult the Commission prior to the start of the project. and shall apply Article 5a. The Commission shall deliver its opinion after consulting the European Parliament. The European Parliament shall deliver an opinion, in particular where the projects in question might entail any form of infringement of human rights.
Amendment 86 #
Proposal for a regulation
Article 12 – paragraph 11
Article 12 – paragraph 11
11. Whenever a Member State decides to implement actions with or in a third country with the support of the instrument relating to monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating illegal immigration and cross-border crime or contributing to the protection and saving the lives of migrants, it shall ensure that it has notified the Commission of any bilateral or multilateral cooperation agreement with that third country in accordance with Article 20 of Regulation (EU) No 1052/2013.
Amendment 87 #
Proposal for a regulation
Article 12 – paragraph 11
Article 12 – paragraph 11
11. Whenever a Member State decides to implement actions with or in a third country with the support of the instrument relating to monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating illegal immigration and cross-border crime or contributing to the protection and saving the lives of migrants, it shall ensure that it has notified the Commission of any bilateral or multilateral cooperation agreement with that third country in accordance with Article 20 of Regulation (EU) No 1052/2013. The European Parliament shall likewise be informed of these agreements financed out of Union funds.
Amendment 88 #
Proposal for a regulation
Article 12 – paragraph 12 – introductory part
Article 12 – paragraph 12 – introductory part
12. As regards operating equipment, including means of transport, and communication systems required for effective and secure border control, and for search and rescue operations, purchased with the support of this instrument, the following shall apply:
Amendment 90 #
Proposal for a regulation
Article 12 – paragraph 12 – point c
Article 12 – paragraph 12 – point c
(c) Member States may decide to purchase items for multi-purpose maritime operations supported by the instrument, provided that these items when operated by the relevant national authorities are involved in border surveillance operations at least 60% of the total period of use for national purposes within a year. Time given over to search and rescue operations at sea shall not be taken into account. These items shall be registered at the technical equipment pool of the European Border and Coast Guard Agency inwith a view tof making these assets available in accordance with Article 39(8) of Regulation (EU) 2016/1624;
Amendment 91 #
13. Training in the field of border management carried out with the support of this instrument shall be based on the relevant harmonised and quality-assured European education and common training standards for border and coast guarding, taking particularly into account human rights issues and international conventions on those subjects.
Amendment 93 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 94 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. If at least 150% of the initial allocation of a programme referred to in Article 10(1)(a) has not been covered by interim payment applications submitted in accordance with Article 85 of Regulation (EU) No …/… [CPR], the Member State concerned shall not be eligible to receive the additional allocation for its programme referred to in paragraph 1.
Amendment 95 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The allocation of the funds from the thematic facility as from 2025 shall, where appropriate, take into account the progress made in achieving the milestones of the performance framework as referred to in Article 12 of Regulation (EU) No …/… [CPR] and identified implementation shortcomings. The programmes shall undergo a mid-term review in accordance with Articles 14 and 40 of Regulation (EU) No ... / ... [CPR] and Article 26 of this Regulation.
Amendment 96 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States using operating support shall comply with the Union acquis on borders and visas.
Amendment 97 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall justify in the programme and in the annual performance reports as referred to in Article 27 the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall, after consulting Parliament and following a consultation of the European Border and Coast Guard Agency as regards the Agency’s competencies in accordance with Article 12(3), assess the needs of baseline situation in the Member States which have indicated their intention to use operating support, taking into account the information provided by those Member States and, where relevant, the information available in the light of Schengen evaluations and vulnerability assessments, including the recommendations following Schengen evaluations and vulnerability assessments.'
Amendment 98 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 99 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The instrument may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission, following consultation of Parliament. Those measures may be financed at the rate of 100 %.
Amendment 101 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall implement information and communication actions relating to this instrument, and its actions and results. In particular, the Commission, with the cooperation of the Member States, shall publish information on the development of the annual and multiannual programmes under the thematic facility. The Commission shall publish the list of operations, projects and contracts selected to receive support, shall make that list accessible to the public on its website in the official language of the country concerned and shall update the list at least once every three months. Financial resources allocated to this instrument shall also contribute to the corporate communication on the political priorities of the Union, as far as they are related to the objectives of this Regulation. In particular, the Commission may promote best practices and exchange information concerning the use of funds.
Amendment 102 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. It shall be for the Member States to forward to the Commission information on the development of shared- management programmes, so that the information in question can then be published on its website. The data referred to in paragraphs 2 and 3 shall be published in open, machine-readable formats, in accordance with Article 5(1) of Directive 2003/98/EC of the European Parliament and of the Council, which authorises the sorting, searching, extraction, comparison and re-use of data. It must be possible to sort data by priority, specific objective, total cost of eligible operations, total cost of projects, total cost of contract-award procedures, name of beneficiary and name of contractor.
Amendment 103 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The instrument shall provide, on an exceptional basis, financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole Schengen area, or any other situation of urgent and exceptional pressure within the scope of this Regulation that requires immediate action. and as a last resort. The crossing of external borders by a large number of third-country nationals should not in itself be regarded as a threat to public order or internal security and should not in itself trigger a decision to grant emergency assistance under this instrument. The decision to grant emergency assistance must be preceded by a risk assessment carried out in consultation with the stakeholders concerned, understood as the partnership defined in Article 6 of the [Regulation laying down common provisions], which must: (i) describe the urgent and specific needs and explain why they are exceptional; (ii) assess how long the urgent and specific needs are likely to persist; (iii) describe the alternative actions or measures already taken to address the urgent and specific needs; (iv) explain why these alternative measures have not been enough to remedy the situation; (v) assess whether emergency assistance would help to remedy the situation. If a Member State concludes, in accordance with point (vi) of the first paragraph, that emergency assistance may not be enough to remedy the situation, the Member State concerned should not request emergency assistance and should take other measures. If emergency measures have already been taken in a similar situation, it must be explained how the support provided at that time helped to remedy the exceptional circumstances. If the Commission provides emergency assistance to a Member State, it shall inform the European Parliament and the Council as soon as possible. Emergency assistance may only be granted to a third country for humanitarian purposes.
Amendment 104 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Emergency assistance may take the form of grants awarded directly to the decentralised agencieoperators on the spot, in particular territorial authorities and international organisations.
Amendment 105 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Emergency assistance may be allocated to Member States’ programmes in addition to their allocation calculated in accordance with Article 10(1), provided that it is consequently earmarked as such in the programme. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.
Amendment 106 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Grants implemented under direct management shall be awarded and managed in accordance with [Title VIII] of the Financial Regulation. The emergency assistance must be provided in a manner entirely consistent with the Union acquis and with the Union's and the Member States' obligations under the international instruments to which they are signatories.
Amendment 108 #
1. In compliance with its reporting requirements pursuant to Article 43(3)(h)(i)(iii) of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on performance in accordance with Annex V. Contributions from other Union programmes to the measures under this instrument shall be acknowledged as such in the national programmes and the annual performance reports.
Amendment 109 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The indicators to report on progress of the instrument towards the achievement of the objectives of this Regulation are set out in Annex VIII. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative. For resources covered by shared management arrangements, the common indicators shall be used in accordance with Articles 12(1), 17 and 37 of Regulation (EU) No …/… [CPR]. The Commission must consult competent bodies and experts on the development or adjustment of the indicators.
Amendment 110 #
Proposal for a regulation
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. Monitoring and reporting in accordance with Title IV of Regulation (EU) No …/… [CPR] shall be based on the types of intervention set out in Tables 1, 2 and 3 in Annex VI. To address unforeseen or new circumstances or to ensure the effective implementation of the funding, the Commission shall be empowered to adopt delegated acts to amend Annex VI, in accordance with Article 29.
Amendment 111 #
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5a. The Commission shall pay particular attention to the monitoring of measures and programmes involving third countries, in accordance with Article 5.
Amendment 112 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under this instrument. The findings of the evaluation shall be forwarded to Parliament without delay.
Amendment 113 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the provisions of Article 14 and the timeline set out Article 40 of Regulation (EU) No …/… [CPR].
Amendment 114 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The Commission shall pay particular attention to evaluating measures and programmes involving third countries, in accordance with Articles 5 and 25(6) of this Regulation, and to the favourable conditions referred to in Article 11 of the regulation laying down common provisions as regards the provisions of Article 3(4).
Amendment 115 #
Proposal for a regulation
Article 26 – paragraph 2 b (new)
Article 26 – paragraph 2 b (new)
2b. Following the mid-term review and the retrospective evaluation, the Commission shall submit to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions: (a) by June 2024, an interim evaluation report on the implementation of this Regulation. That interim evaluation report shall include an assessment of the mid-term review carried out in accordance with this Regulation and the [Regulation laying down common provisions]; (b) no later than 30 June 2027, an ex post evaluation report on the impact of this Regulation and the Specific Regulations following the completion of the national programmes. The European Parliament shall invite the Commission to take part in a structured dialogue on the mid-term review and the ex post evaluation.
Amendment 116 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 118 #
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) the fulfilment of the enabling conditions and their application throughout the programming period with regard to Article 3(4) of this Regulation.
Amendment 119 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall be assisted by a Coordination Committee for the Asylum and Migration Fund, the Internal Security Fund and the instrument for border management and visa. The committee shall satisfy itself that this Regulation is being properly applied and shall, in particular, monitor measures taken to ensure that the human rights of the recipients of funds are being upheld and compliance with the transparency requirement which applies to the Commission and the Member States. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 120 #
Proposal for a regulation
Annex I – point 7 – introductory part
Annex I – point 7 – introductory part
7. For the purposes of the initial allocation of funding, the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available on the date of the applicability of this Regulation. For the purposes of the mid-term review, the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available at the time of the mid-term review in 2024. The assessment of the workload shall be based on the following factors: clear criteria and shall reflect the number of persons presenting themselves at external land borders, external maritime borders, airports and consular offices and the number of applications for short-stay or airport-transit visas.
Amendment 121 #
Proposal for a regulation
Annex I – point 7 – point a
Annex I – point 7 – point a
Amendment 122 #
Proposal for a regulation
Annex I – point 7 – point b
Annex I – point 7 – point b
Amendment 123 #
Proposal for a regulation
Annex I – point 7 – point c
Annex I – point 7 – point c
Amendment 124 #
Proposal for a regulation
Annex I – point 8 – introductory part
Annex I – point 8 – introductory part
8. The reference figures for the number of consular offices as referred to in paragraph 5(a) shall be calculated according to the information contained in Annex 28 of Commission Decision C(2010) 1620 of 19 March 2010 establishing the Handbook for the processing of visa applications and the modifications of issued visas. That figure shall be reduced to zero if the Member State fails to provide information in two consecutive years.
Amendment 124 #
Proposal for a regulation
Recital 1
Recital 1
(1) In the context of evolving migratoryhow challenges facing the European Union, as well as security concernsre evolving, preserving the careful balance between free movement of persons on the one hand, and security on the other is of utmost importance. The Union’s objective of ensuring a high level of security within an area of freedom, security and justice pursuant to Article 67(3) of the Treaty on the Functioning of the European Union (TFEU) should be achieved, among others, through common measures on the crossing of internal borders by persons and on border controls at external borders and the common visa policy.
Amendment 125 #
Proposal for a regulation
Annex I – point 9 – point d
Annex I – point 9 – point d
(d) Where Member States have not provided the statistics concerned, the latest available data for those Member States shall be used. Where there is no data available for a Member State, the reference figure shall be zero. That figure shall also be reduced to zero if the Member State fails to provide information in two consecutive years.
Amendment 126 #
Proposal for a regulation
Annex I – point 10
Annex I – point 10
10. The European Border and Coast Guard Agency shall provide the Commission with a report on the breakdown of resources as regards external land borders, external sea borders and airports, as referred to in paragraph 1(c). The Commission shall make the report available to the public.
Amendment 127 #
Proposal for a regulation
Annex I – point 11 – introductory part
Annex I – point 11 – introductory part
11. For the purposes of the initial allocation, the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months on the date of the applicability of this Regulationworkload at borders. For the purposes of the mid- term review, the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months available at the time of the mid- term review in 2024. It shall determine the following specific weighting factors per section applying the threat levels as defined in Regulation (EU) No 1052/2013:
Amendment 127 #
Proposal for a regulation
Recital 5
Recital 5
(5) European integrated border management, as implemented by the European Border and Coast Guard, established by Regulation (EU) 2016/1624 of the European Parliament and of the Council13, composed of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks, is necessary for improving migration management andshould help to harmonise border control, thus improving migration management, notably by facilitating access to international protection for those in need of this and maintaining border security. _________________ 13 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
Amendment 128 #
Proposal for a regulation
Annex II – point 1 – point a – point i
Annex II – point 1 – point a – point i
(i) reinforcing the capacities for carrying out checks and surveillance at the external borders, including measures to prevent and detect cross-border crime, such as migrant smuggling, trafficking in human beings and terrorism;
Amendment 130 #
Proposal for a regulation
Annex II – point 1 – point a – point ii
Annex II – point 1 – point a – point ii
(ii) supporting search and rescue in the context of carrying out border surveillance at sea;
Amendment 131 #
Proposal for a regulation
Annex II – point 1 – point a – point v
Annex II – point 1 – point a – point v
v. supporting, within the scope of this Regulation, Member States facing existing or potential disproportionate migratory pressure at the EU’s external borders, including through technical and operational reinforcement, as well as by deploying migration management support teams in hotspot areaarrivals of significant numbers of migrants.
Amendment 132 #
Proposal for a regulation
Annex II – point 1 – point b
Annex II – point 1 – point b
Amendment 133 #
Proposal for a regulation
Annex II – point 1 – point e
Annex II – point 1 – point e
Amendment 134 #
Proposal for a regulation
Annex II – point 2 – point d
Annex II – point 2 – point d
Amendment 135 #
Proposal for a regulation
Annex III – point 1 – point a
Annex III – point 1 – point a
(a) infrastructures, buildings, systems and services required at border crossing points, in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings, illegal immigration andguarantee access to European territory for persons in need of international protection and prevent and tackle cross-border crime at the external borders, as well as to guarantee the smooth flows of legitimate travellers;
Amendment 135 #
Proposal for a regulation
Recital 9
Recital 9
(9) Financial support from the Union budget is indispensable to the implementation of European integrated border management to support Member States in managing the crossing of the external borders efficiently and in addressing migratoryfuture challenges and potential future threats at those borders, thereby contributing to addressing serious crime with a cross-border dimension while acting in full respect of fundamental rights.
Amendment 136 #
Proposal for a regulation
Annex III – point 1 – point b
Annex III – point 1 – point b
(b) operating equipment, including means of transport, and communication systems required for effective and secure border control while guaranteeing that fundamental rights are upheld, in accordance with standards developed by the European Border and Coast Guard Agency, where such standards exist;
Amendment 137 #
Proposal for a regulation
Annex III – point 1 – point c
Annex III – point 1 – point c
(c) training in the field of or contributing to the development of European integrated border management, taking into account operational needs and risk analysis and in full compliance withby making it possible for the agents concerned to uphold fundamental rights;
Amendment 138 #
Proposal for a regulation
Annex III – point 1 – point e
Annex III – point 1 – point e
(e) studies, pilot projects and other relevant actions aiming to implement or develop European integrated border management, including measures aiming at the development of the European Border and Coast Guard, such as common capacity-building, joint procurement, establishment of common standards and other measures streamlining the cooperation and coordination between the European Border and Coast Guard Agency and Member States, with a special focus on upholding fundamental rights;
Amendment 139 #
Proposal for a regulation
Annex III – point 1 – point f
Annex III – point 1 – point f
(f) actions developing innovative methods or deploying new technologies with a potential for transferability to other Member States, in particular deploying the results of security research projects where such deployment has been identified by the European Border and Coast Guard Agency, acting under Article 37 of Regulation (EU) 2016/1624, as contributing to the development of operational capabilities of the European Border and Coast Guard. These innovative methods and new technologies shall be used in a manner fully consistent with fundamental rights and the right to the protection of personal data;
Amendment 139 #
Proposal for a regulation
Recital 11
Recital 11
(11) As customs authorities of the Member States have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border, ensuring uniformcomplementarity in carrying out border control and customs control at the external borders needs to be addressed by providing adequate Union financial support to the Member States. This will not only strengthen customs controls but also facilitate legitimate trade,in order both to combat all forms of trafficking, not least goods trafficking at borders, and terrorism, but will also facilitate trade and travel and will contributinge to a secure and efficient customs union.
Amendment 140 #
Proposal for a regulation
Annex III – point 1 – point g
Annex III – point 1 – point g
(g) preparatory, monitoring, administrative and technical activities, required to implement external border policies, including to strengthen the governance of the Schengen area by developing and implementing the evaluation mechanism as established by Regulation (EU) No 1053/2013 to verify the application of the Schengen acquis and the Schengen Borders Code, including mission expenditure for experts of the Commission and the Member States participating in on-site visits as well as measures to implement recommendations issued following vulnerability assessments carried out by the European Border and Coast Guard Agency in line with Regulation (EU) 2016/1624;
Amendment 141 #
Proposal for a regulation
Annex III – point 1 – point h
Annex III – point 1 – point h
(h) identification, fingerprinting, registration, security checks, debriefing, provision of information, medical and vulnerability screening and, where necessary, medical care as well as referral of third country nationals to the appropriate procedure at the external borders, in particular in hotspot areas;
Amendment 141 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should, in particular, ensure full respect for the right to the protection of personal data as set out in Article 16 TFEU, and the right to a private and family life as set out in Article 7, the right to asylum as set out in Article 18, and the rights of the child as set out in Article 24 of that Charter.
Amendment 142 #
Proposal for a regulation
Annex III – point 1 – point h a (new)
Annex III – point 1 – point h a (new)
(ha) the exchange of best practices to evaluate, promote, support and develop further the Union's policies and objectives, in particular as regards the protection of fundamental rights in the context of the various components of border control in particular as regards the identification, the provision of immediate assistance to and the referral to protection services of vulnerable persons, in particular women, children and unaccompanied minors;
Amendment 142 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) Member States are mindful of their obligations under international law, in particular the UN Convention Relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, the 1966 New York International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the 1951 Geneva Convention and the 1967 New York Protocol, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on Maritime Search and Rescue, and other relevant international instruments.
Amendment 143 #
Proposal for a regulation
Annex III – point 2 – point a
Annex III – point 2 – point a
(a) infrastructures and buildings required for the processing of visa applications and consular cooperation, including security measures, as well as other actions aimed at improving the quality of service for visa applicants, including as regards the upholding of fundamental rights;
Amendment 143 #
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) Those obligations apply equally to third countries with which the Member States and the Union work. If a third country contravenes any of the aforementioned texts, the Member States undertake to cease all cooperation with that third country.
Amendment 144 #
Proposal for a regulation
Annex III – point 2 – point d
Annex III – point 2 – point d
(d) the exchange of best practices and experts, including the secondment of experts, as well as boosting the capacity of European networks, to assess, promote, support and further develop Union policies and objectives, as regards the protection of fundamental rights in the context of the various components of border control, in particular as regards the identification, the provision of immediate assistance to and the referral to protection services of vulnerable persons, in particular women, children and unaccompanied minors;
Amendment 144 #
Proposal for a regulation
Recital 15 d (new)
Recital 15 d (new)
(15d) This Regulation establishes a mechanism for evaluating and monitoring the human rights impact of projects financed by the instrument, whereby funding granted to a Member State or a third country may be suspended when a breach has been found to occur.
Amendment 145 #
Proposal for a regulation
Annex III – point 3
Annex III – point 3
Amendment 145 #
Proposal for a regulation
Recital 17
Recital 17
(17) To ensure a uniform and high- quality external border control and to facilitate legitimate travel across the external borders, the instrument should contribute to the development of European integrated border management that includes all the measures involving policy, law, systematic cooperation, burden- sharing, assessment of the situation and changing circumstances regarding crossing points for irregular migrants, personnel, equipment and technology taken at different levels by the competent authorities of the Member States and by the European Border and Coast Guard Agency, acting in cooperation with other actors such as third countries and other EU bodies, in particular the European Agency for the operational management of large- scale IT systems in the area of freedom, security and justice (eu-LISA), Europol and international organisations.
Amendment 146 #
Proposal for a regulation
Annex IV – point 2
Annex IV – point 2
Amendment 147 #
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
Amendment 148 #
Proposal for a regulation
Annex IV – point 6
Annex IV – point 6
Amendment 148 #
Proposal for a regulation
Recital 18
Recital 18
(18) The instrument should contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and irregular migration risks, as well as facilitating visa procedures for bona fide travellersorder to improve border security while facilitating mobility. In particular, the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast, secure and client- friendly visa procedures for the benefit of both visa applicants and consulates. The instrument should also serve to ensure wide consular coverage across the world. The uniform implementation of the common visa policy and its modernisation should also be covered by the instrument.
Amendment 149 #
Proposal for a regulation
Annex IV – point 7
Annex IV – point 7
Amendment 151 #
Proposal for a regulation
Annex V – point a – introductory part
Annex V – point a – introductory part
(a) Specific objective 1: supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively manage migratory flows;
Amendment 151 #
Proposal for a regulation
Recital 20
Recital 20
(20) With a view to improving the management of the external borders, to facilitating legitimate travel, to contributeing to preventing and combating irregular migration and to contribute toborder crossing and to ensuring a high level of security within the area of freedom, security and justice of the Union, the instrument should support the development of those large-scale IT systems, based on existing or new IT systems. I approved by the European Parliament and the Council. With this in mind, it should also support the setting- up of interoperability between those EU information systems, the (Entry-exit system (EES)23, the Visa Information System (VIS)24, the European Travel Information and Authorisation System (ETIAS)25, Eurodac26, the Schengen Information System (SIS)27and the European Criminal Records Information System for third- country nationals (ECRIS-TCN))28in the Member States, in order for these EU information systems and their data to supplement each other. The instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level (European search portal (ESP), a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID))29 and the Schengen Information System. _________________ 23 Regulation (EU) 2017/2226 of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third- country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20). 24 Regulation (EC) No 767/2008/EC of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60). 25 COM(2016) 731 final of 16 November 2016. 26 27 COM(2016) 881 final, 882 final and 883 final of 21 December272 final/2 of 4 May 2016. 28 29 COM(2017) 79344 final of 12 December29 June 2017.
Amendment 154 #
Proposal for a regulation
Annex V – point a – point 1
Annex V – point a – point 1
Amendment 155 #
Proposal for a regulation
Annex VII – point a – point 3
Annex VII – point a – point 3
(3) service costs, including at hotspot areas within the scope of this Regulation;
Amendment 155 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 156 #
Proposal for a regulation
Annex VIII – point a – introductory part
Annex VIII – point a – introductory part
(a) Specific objective 1: supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively manage migratory flows;
Amendment 156 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 158 #
Proposal for a regulation
Annex VIII – point a – point 7 – introductory part
Annex VIII – point a – point 7 – introductory part
(7) Number of IT functionalities developed, implemented, maintained or upgraded with the support of the instrument, including for interoperability purposes:
Amendment 159 #
Proposal for a regulation
Annex VIII – point b – point 3 – introductory part
Annex VIII – point b – point 3 – introductory part
(3) Number of IT functionalities developed, implemented, maintained or upgraded with the support of the instrument, including for interoperability purposes:
Amendment 164 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 165 #
Proposal for a regulation
Recital 33
Recital 33
(33) To strengthen the complementarity and to reinforce the consistency of maritime activities as well as to avoid duplication of efforts and to alleviate budgetary constraints in an area of costly activities such as the maritime domain, the instrument should support maritime operations of multipurpose character where the main objective is border surveillance but other objectives could additionally be pursued simultaneously.
Amendment 167 #
Proposal for a regulation
Recital 34
Recital 34
(34) MThis instrument should aim firstly to support integrated border management at the Union's external borders and to support the common visa policy. However, within defined limits and subject to the appropriate safeguards, certain measures in and in relation to third countries could be supported through the instrument should be implemented in full synergy. External financing instruments should not, under andy coherence with and should complement other actions outside the Union supported throughircumstances, make development aid conditional upon good cooperation by third countries in managing the Union'’s external financing instrumentborders. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question. In relation to the external dimension, the instrument should target support to enhance, particularly in regard to respect for fundamental rights. With the exception of police cooperation on organised crime, cooperation with a third countries and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the Union’s migration policy and Union’s security objectivy should only happen as a last resort and in an emergency, for humanitarian purposes.
Amendment 170 #
Proposal for a regulation
Recital 36
Recital 36
(36) A Member State may be deemed not to be compliant with the relevant Union acquis, including as regards the use of operating support under this instrument, if it has failed to fulfil its obligations under the Treaties in the areas of border management and visa, if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on border management and visa or, if an evaluation report under the Schengen evaluation and monitoring mechanism has identified deficiencies in the relevant area, or if, when cooperating with a third country, the Member State has financed and taken joint actions with that third country which have resulted in breaches of fundamental rights reported by the evaluation and monitoring mechanism.
Amendment 171 #
Proposal for a regulation
Recital 37
Recital 37
(37) The instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this Regulation. In order to meet the requirements in terms of transparency of funding, the Commission, with the cooperation of the Member States, should publish information on the development of the annual and multiannual programmes under the thematic facility. Member States should be obliged to share all information in their possession on the development of programmes under shared management. That information should be centralised by the Commission and published on a single portal.
Amendment 173 #
Proposal for a regulation
Recital 40
Recital 40
(40) As challenges in the area of border management and visas are constantly evolving there is a need to adapt the allocation of funding to the changes in migration flowmovements, pressure at the border and security threats and steer funding towards the priorities with the highest added value for the Union. To respond to pressing needs, changes in policy and Union priorities and to steer funding towards actions with a high level of added value for the Union, part of the funding will be periodically allocated to specific actions, Union actions and emergency assistance, via a thematic facility.
Amendment 176 #
Proposal for a regulation
Recital 43
Recital 43
(43) Part of the available resources under the instrument could also be allocated to Member States’ programmes for the implementation of specific actions in addition to their initial allocation. These specific actions should be identified at Union level and should concern actions which require cooperative effort among Member States or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States, such as the purchase through the national programmes of Member States of technical equipment needed by the European Border and Coast Guard Agency to perform its operational activities, the modernisation of the processing of visa applications, the development of new large-scale IT systems and the setting-up of interoperability between those systems. These specific actions will be defined by the Commission in its work programmes.
Amendment 179 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionate migratory pressurehow migratory movements are evolving, in particular at those border sections where the impact level has been identified in line with Regulation (EU) No 1052/2013 of the European Parliament and of the Council38 as such that it jeopardisesmight call the functioning of the Schengen area as a whole, as well as pressure on the visa sec into questions of Member States’ consulatr it poses ora risks to border security, it should be possible, as a last resort, to provide emergency assistance in accordance with the framework set out in this Regulation. _________________ 38 Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).
Amendment 181 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) Where there is cooperation with a third country, such emergency assistance should be intended solely for humanitarian purposes. In the long term, it should be possible to avoid situations of this kind by encouraging the granting of visas upstream and through new legal paths to entry to the European Union.
Amendment 182 #
Proposal for a regulation
Recital 46
Recital 46
Amendment 188 #
Proposal for a regulation
Recital 60
Recital 60
(60) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council50. The examination procedure should be used for implementing acts that lay downThe power to adopt delegated acts should be conferred on the Commission in order to ensure uniform conditions for the implementation of this Regulation, notably relating to the common obligations laid on Member States, in particular on the provision of to provide information to the Commission, and the advisory procedure should be used for the adoption of implementing acts relating to the modalities of providing this information to the Commission in the framework of programming and reporting, given their purely technical nature. _________________ 50. OJ L 55, 28.2.2011, p. 13.
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) '‘blending operation'’ means actions supported by the Union budget, including within blending facilities pursuant to Article 2(6) of the Financial Regulation, combining non-repayable forms of support and/or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors;
Amendment 193 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring strong and effective and fair European integrated border management at the external borders while safeguarding the security and free movement of persons within it, in full compliance with the Union’s commitments on fundamental rights, thereby contributing to guaranteeing a and furthering legal pathways to it, notably by supporting the introduction of the European humanitarian visa, in full compliance with the Union’s obligations and the commitments incumbent upon the Union and the Member States under the international instruments to whigch level of security in the Unionthey are signatories, in particular as regards fundamental rights.
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegalrregular immigration and cross-border crime and to effectively manage migratory flowsmovements while ensuring respect for the right of asylum;
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risksin order to ensure a more harmonised approach among Member States to the issuance of visas, and to encourage mobility.
Amendment 203 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Actions funded under the instrument shall be implemented in full compliance with fundamental rights and human dignity. In particular, actions shall comply with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law, the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the principle of fair treatment of third-country nationals, the right to asylum and to international protection, the principle of non- refoulement and the international obligations of the Union and the Member States arising from international instruments to which they are signatory such as the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967.
Amendment 204 #
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. When implementing actions funded under the instrument which are related to maritime border surveillance, Member States shall pay special attention to their obligation under international maritime law to render assistance to persons in distress. Equipment and systems supported under the instrument may be used in such search and rescue situations as might arise during a sea border surveillance operation, thereby helping to ensure protection and rescue at sea.
Amendment 207 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. To achieve the objectives of this Regulation, the instrument may support actions in line with Union priorities as referred to in Annex III in relation to and in third countries, where appropriatin exceptional cases support actions in relation to and in third countries, but only in an emergency and for humanitarian purposes unless in the area of police cooperation on organised crime, in accordance with Article 5a.
Amendment 211 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 213 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – point ii
(ii) a third country listed in the work programme under the conditions specified thereinet out therein, and under the conditions specified in Article 5a, subject to the condition that all actions carried out by or in relation to that third country fully respect the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, and the international obligations of the Union and the Member States.
Amendment 216 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Legal entitieRelevant international organisations established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action.
Amendment 218 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states or in third countries, are eligibleare eligible. Article 6(3) applies when international organisations participating in a consortium are established in a third country.
Amendment 220 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 224 #
1. The financial envelope for the implementation of the instrument for the period 2021-2027 shall be EUR 8 0182 734 000 000 in current prices.
Amendment 225 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) EUR 4 8111 640 000 000 shall be allocated to the programmes implemented under shared management, of which EUR 15749 200 000 for the Special Transit Scheme referred to in Article 16, implemented under shared management;
Amendment 226 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) EUR 3 2071 093 000 000 shall be allocated to the thematic facility.
Amendment 227 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. When drawing up work programmes, the Commission shall consult the organisations representing the partners at Union level, including civil society, in accordance with Article 6(4) of the Common Provisions Regulation. A reasonable minimum percentage of funding shall be earmarked for civil society organisations and for local authorities under each specific objective.
Amendment 232 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Commission, after consulting the European Parliament, shall establish the overall amount made available for the thematic facility under the annual appropriations of the Union budget.
Amendment 235 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Commission shall adopt financing decisionbe empowered to adopt delegated acts to establish work programmes as referred to in Article 110 of the Financial Regulation for the thematic facility, identifying the objectives and the actions to be supported and specifying the amounts for each of its components, as referred to in paragraph 1. Financing decisions shall set out, where applicable, the overall amount reserved for blending operations.
Amendment 236 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Following the adoption of a financing decisionwork programme as referred to in paragraph 36, the Commission, after consulting the European Parliament, may amend the programmes implemented under shared management accordingly.
Amendment 238 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) EUR 4 0091 361 000 000 to the Member States in accordance with the criteria in Annex I;
Amendment 239 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) EUR 802279 000 000 to the Member States for the adjustment of the allocations for the programmes as referred to in in Article 13(1).
Amendment 240 #
2. The contribution from the Union budget may be increased to 960 % of the total eligible expenditure for projects implemented under specific actions.
Amendment 241 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The contribution from the Union budget may be increased to 960 % of the total eligible expenditure for the actions listed in Annex IV.
Amendment 242 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Each Member State shall ensure that the priorities addressed in its programme are consistent with and respond to the Union priorities and challenges in the area of border management and visa, and that they are fully in line with the relevant Union acquis and agreed Union priorities, and the international obligations of the Union and Member States arising from international instruments to which they are signatories. In defining the priorities of their programmes, Member States shall ensure that the implementing measures as set out in Annex II are adequately addressed.
Amendment 245 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission and the European Parliament shall ensure that the European Border and Coast Guard Agency and, where appropriate, eu-LISA, are associated with the process of developing the programmes of Member States at an early stage, in so far as it falls within the agencies’ competencies.
Amendment 247 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. IThe Commission and the European Parliament shall consult the European Border and Coast Guard Agency on the draft programmes with a specific emphasis on the activities included under operating support in line with Article 3(2)(a) to ensure consistency and complementarity of the actions of the Agency and those of the Member States regarding border management as well as to avoid double financing and to achieve cost efficiency.
Amendment 248 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission and the European Parliament may associate the European Border and Coast Guard Agency, and, where appropriate, eu-LISA, the European Union Agency for Fundamental Rights, and any other relevant agency with monitoring and evaluation tasks as referred to in Section 5, in particular in view of ensuring that the actions implemented with the support of the instrument are compliant with the relevant Union acquis and agreed Union priorities.
Amendment 249 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Following the adoption of recommendations within the scope of this Regulation in accordance with Regulation (EU) No 1053/2013, and the recommendations issued in the framework of carrying out vulnerability assessments in accordance with Regulation (EU) 2016/1624, the Member State concerned shall examine, together with the Commission and the European Parliament, the most appropriate approach to address these recommendations with the support of this instrument.
Amendment 250 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The Commission and the European Parliament shall, where relevant, associate the European Border and Coast Guard Agency, eu-LISA, the European Union Agency for Fundamental Rights and any other relevant agency or body with the process of examination on the most appropriate approach to address the recommendations with the support of this instrument.
Amendment 252 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 5. Depending on the impact of the adjustment, the revised programme may be approved by the Commission after consulting the European Parliament.
Amendment 254 #
Proposal for a regulation
Article 12 – paragraph 10
Article 12 – paragraph 10
10. WheneverBefore a Member State decides to implement projects with, in or in relation to a third country with the support of the instrument, tit shall ensure that all actions proposed by or in relation to that third country apply the provisions of Article 5a and comply with the international obligations of the Union and that Member State, and that they fully respect the rights and principles enshrined in the Charter of Fundamental Rights of the European Union. The Member State concerned shall consult the Commission priand the European Parliament before to the start of the project. he start of the project, in particular to ensure that the above conditions are met and that the participation of a third country is necessary to achieve the objectives of the Regulation and provides added value. The Commission shall deliver its opinion after consulting the European Parliament. The European Parliament shall deliver an opinion, in particular where the projects in question might entail any form of infringement of human rights.
Amendment 256 #
Proposal for a regulation
Article 12 – paragraph 11
Article 12 – paragraph 11
11. Whenever, exceptionally, a Member State decides to implement actions with or in a third country with the support of the instrument relating to monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating illegal immigration and cross-border crime or contributing to the protection and saving the lives of migrants, it shall ensure that it has notified the Commission of any bilateral or multilateral cooperation agreement with that third country in accordance with Article 20 of Regulation (EU) No 1052/2013. Parliament shall also be informed of these agreements financed with European funds, and the Member States shall ensure full respect for the principle of non-refoulement, including in actions occurring on the high seas.
Amendment 257 #
Proposal for a regulation
Article 12 – paragraph 11 a (new)
Article 12 – paragraph 11 a (new)
11a. As soon as a Member State decides to initiate projects with, in or in relation to a third country under this instrument, the Member State shall inform the organisations representing the partners at national level, in accordance with Article 6 of the [Common Provisions Regulation (EU).../...], as well as the members of the Steering Board within 10 days.
Amendment 259 #
Proposal for a regulation
Article 12 – paragraph 12 – introductory part
Article 12 – paragraph 12 – introductory part
12. As regards operating equipment, including means of transport, and communication systems required for effective and secure border control and for search and rescue operations purchased with the support of this instrument, the following shall apply:
Amendment 262 #
Proposal for a regulation
Article 12 – paragraph 12 – point c
Article 12 – paragraph 12 – point c
(c) Member States may decide to purchase items for multi-purpose maritime operations supported by the instrument, provided that these items when operated by the relevant national authorities are involved in border surveillance operations at least 60 % of the total period of use for national purposes within a year. Time given over to search and rescue operations at sea shall not be taken into account. These items shall be registered at the technical equipment pool of the European Border and Coast Guard Agency in view of making these assets available in accordance with Article 39(8) of Regulation (EU) 2016/1624;
Amendment 263 #
Proposal for a regulation
Article 12 – paragraph 13
Article 12 – paragraph 13
13. Training in the field of border management carried out with the support of this instrument shall be based on the relevant harmonised and quality-assured European education and common training standards for border and coast guarding, and in particular shall take into account human rights issues and related international conventions, including access to international protection and maritime law.
Amendment 267 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In 2024 the Commission, after consulting the European Parliament, shall allocate to the programmes of Member States concerned the additional amount referred to in Article 10(1)(b) in accordance with the criteria referred to in paragraph 1(c) of and in paragraphs 2 to 11 of Annex I. The allocation shall be based on the latest available statistical data for the criteria referred to in paragraph 1(c) and in paragraphs 2 to 11 of Annex I. Funding shall be effective for the period as of the calendar year 2025.
Amendment 268 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. If at least 150 % of the initial allocation of a programme referred to in Article 10(1)(a) has not been covered by interim payment applications submitted in accordance with Article 85 of Regulation (EU) No …/… [CPR], the Member State concerned shall not be eligible to receive the additional allocation for its programme referred to in paragraph 1.
Amendment 273 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. The programmes shall undergo a mid-term review in accordance with Articles 14 and 40 of Regulation (EU) No ... / ... [CPR] and Article 26 of this Regulation.
Amendment 274 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States using operating support shall comply with the Union acquis on borders and visasand with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 277 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall justify in the programme and in the annual performance reports as referred to in Article 27 the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall, after consulting the European Parliament and following a consultation of the European Border and Coast Guard Agency as regards the Agency’s competencies in accordance with Article 12(3), assess the baseline situation in the Member States which have indicated their intention to use operating support, taking into account the information provided by those Member States and, where relevant, the information available in the light of Schengen evaluations and vulnerability assessments, including the recommendations following Schengen evaluations and vulnerability assessments.
Amendment 279 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The instrument shall provide support to compensate for foregone fees from visas issued for the purpose of transit and additional costs incurred in implementing the facilitated transit document (FTD) and the facilitated rail transit document (FRTD) scheme in accordance with Regulation (EC) No 693/2003 and Regulation (EC) No 694/2003.
Amendment 281 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The instrument may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission, after consulting the European Parliament. Those measures may be financed at the rate of 100 %.
Amendment 283 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall implement information and communication actions relating to this instrument, and its actions and results. In particular, the Commission, with the cooperation of the Member States, shall publish information on the development of the annual and multiannual programmes under the thematic facility. The Commission shall publish the list of operations, projects and contracts selected to receive support, shall make that list accessible to the public on its website in the official language of the country concerned and shall update the list at least once every three months. Financial resources allocated to this instrument shall also contribute to the corporate communication on the political priorities of the Union, as far as they are related to the objectives of this Regulation. In particular, the Commission may promote best practices and exchange information concerning the use of funds.
Amendment 287 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. It shall be for the Member States to forward to the Commission information on the development of shared- management programmes, so that the information in question can then be published on its website.
Amendment 288 #
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. The data referred to in paragraphs 2 and 3 shall be published in open, machine-readable formats, in accordance with Article 5(1) of Directive 2003/98/EC of the European Parliament and of the Council, which authorises the sorting, searching, extraction, comparison and re- use of data. It must be possible to sort data by priority, specific objective, total cost of eligible operations, total cost of projects, total cost of contract-award procedures, name of beneficiary and name of contractor.
Amendment 289 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The instrument shall provide, on an exceptional basis, financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third- country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole Schengen area, or any other situation of urgent and exceptional pressure within the scope of this Regulation that requires immediate action duly justified emergency situation and as a last resort.
Amendment 293 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. The crossing of external borders by a large number of third-country nationals should not in itself be regarded as a threat to public order or internal security and should not in itself trigger a decision to grant emergency assistance under this instrument.
Amendment 295 #
Proposal for a regulation
Article 23 – paragraph 1 b (new)
Article 23 – paragraph 1 b (new)
1b. The granting of emergency assistance must be preceded by a risk assessment, undertaken in consultation with the relevant stakeholders, which must: (i) outline the urgent and specific needs and explain why they are exceptional; (ii) assess how long the urgent and specific needs are likely to persist; (iii) describe the alternative actions or measures already taken to address the urgent and specific needs; (iv) explain why these alternative measures have not been enough to remedy the situation; (v) assess whether emergency assistance would help to remedy the situation. If a Member State concludes, in accordance with point (v) of the first paragraph, that emergency assistance may not be enough to remedy the situation, the Member State concerned should not request emergency assistance and should take other measures. If emergency measures have already been taken in a similar situation, it must be explained how the support provided at that time helped to remedy the exceptional circumstances.
Amendment 296 #
Proposal for a regulation
Article 23 – paragraph 1 c (new)
Article 23 – paragraph 1 c (new)
1c. If the Commission provides emergency assistance to a Member State, it shall inform the European Parliament and the Council as soon as possible.
Amendment 297 #
Proposal for a regulation
Article 23 – paragraph 1 d (new)
Article 23 – paragraph 1 d (new)
1d. Emergency assistance may only be granted to a third country for humanitarian purposes.
Amendment 298 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Emergency assistance may take the form of grants awarded directly to the decentralised agencieoperators on the spot, in particular territorial authorities, civil society and international organisations.
Amendment 299 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Emergency assistance may be allocated to Member States’ programmes in addition to their allocation calculated in accordance with Article 10(1), provided that it is consequently earmarked as such in the programme. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.
Amendment 301 #
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. The emergency assistance must be provided in a manner entirely consistent with the Union acquis and with the Union's and the Member States' obligations under the international instruments to which they are signatories.
Amendment 304 #
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. For resources covered by shared management arrangements, the common indicators shall be used in accordance with Articles 12(1), 17 and 37 of Regulation (EU) No …/… [CPR]. The Commission must consult competent bodies and experts on the development or adjustment of the indicators.
Amendment 305 #
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
Amendment 307 #
Proposal for a regulation
Article 25 – paragraph 5 b (new)
Article 25 – paragraph 5 b (new)
5b. The Commission shall pay particular attention to the monitoring of measures and programmes involving third countries, in accordance with Article 5a.
Amendment 308 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. TBy 30 September 2024 at the latest, the Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under this instrumentreview of the progress made towards achieving the objectives of this Regulation, with particular reference to the production and performance indicators defined in Annex VIII and the annual performance reports submitted by the Member States pursuant to Article 27. By the same date, the Commission shall submit to the European Parliament and the Council an evaluation report on the mid-term review undertaken. As part of its mid-term review and retrospective evaluation, the Commission shall pay particular attention to the assessment of actions carried out by, or in relation to, third countries in accordance with Article 5a and Article 12(10) and (11) of this Regulation, and with the conditions of authorisation referred to in Article 11 of Regulation (EU)... /...[CPR] in relation to the provisions of Article 3(4) of this Regulation.
Amendment 314 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 316 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Following the mid-term review and the retrospective evaluation, the Commission shall submit to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions: (a) by June 2024, an interim evaluation report on the implementation of this Regulation. That interim evaluation report shall include an assessment of the mid-term review carried out in accordance with this Regulation and the [Regulation laying down common provisions].The evaluation report on the mid-term review shall include an evaluation of the provisions of this Regulation relating to simplification and flexibility, its consistency with the Union's internal and external policies, the relevance of all implementing measures referred to in Annex II, and the actions referred to in Annex III. It shall take into account the results of the retrospective evaluation on the long-term impact of the former Instrument for financial support for border management and visas, which was part of the Internal Security Fund for the period 2014-2020.The long-term positive or negative effects of the Fund will be assessed, and decisions to renew or modify a subsequent Fund will take this evaluation into account. (b) an ex-post evaluation report on the effects of this Regulation and the Specific Regulations, following the closure of the national programmes, by 30 June 2027 at the latest. The reports shall be forwarded to the European Parliament without delay. The European Parliament shall invite the Commission to take part in a structured dialogue on the mid-term review and the ex post evaluation.
Amendment 318 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. By 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission and Parliament the annual performance report as referred to in Article 36(6) of Regulation (EU) No …/… [CPR]. The report submitted in 2023 shall cover the implementation of the programme carried out until 30 June 2022.
Amendment 320 #
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) the fulfilment of the enabling conditions and their application throughout the programming period with regard to Article 3(4) of this Regulation .
Amendment 321 #
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(fa) the implementation of projects with, in, or in relation to a third country.
Amendment 324 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. In order to ensure uniform conditions for the implementation of this Article, the Commission shall adopt an implementing delegated act establishing the template for the annual performance report. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 30(2).
Amendment 325 #
Proposal for a regulation
Article 28
Article 28
Amendment 326 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall be assisted by a Coordination Committee for the Asylum and Migration Fund, the Internal Security Fund and the iInstrument for bBorder mManagement and vVisa. That Ce committee shall satisfy itself that this Regulation is being properly applied and shall, in particular, monitor measures taken to ensure that the human rights of the recipients of funds are being upheld and compliance with the transparency requirement which applies to the Commission and the Member States. That committee shall be a Ccommittee within the meaning of Regulation (EU) No 182/2011.
Amendment 327 #
Proposal for a regulation
Annex I – point 1 – point b
Annex I – point 1 – point b
(b) an amount of EUR 15749 200 000 for the Special Transit Scheme to be allocated to Lithuania at the start of the programming period only;
Amendment 328 #
Proposal for a regulation
Annex I – point 1 – point c – introductory part
Annex I – point 1 – point c – introductory part
(c) and the remaining resources referred to in Article 10 shall be distributed based on the following criteria:according to the length of the external borders of the Member State concerned and the workload at those borders.
Amendment 329 #
Proposal for a regulation
Annex I – point 1 – point c – paragraph 1
Annex I – point 1 – point c – paragraph 1
Amendment 330 #
Proposal for a regulation
Annex I – point 1 – point c – paragraph 2
Annex I – point 1 – point c – paragraph 2
Amendment 331 #
Proposal for a regulation
Annex I – point 1 – point c – paragraph 3
Annex I – point 1 – point c – paragraph 3
Amendment 332 #
Proposal for a regulation
Annex I – point 1 – point c – paragraph 4
Annex I – point 1 – point c – paragraph 4
Amendment 333 #
Proposal for a regulation
Annex I – point 2
Annex I – point 2
Amendment 335 #
Proposal for a regulation
Annex I – point 7 – introductory part
Annex I – point 7 – introductory part
7. For the purposes of the initial allocation of funding, the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available on the date of the applicability of this Regulation. For the purposes of the mid-term review, the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available at the time of the mid-term review in 2024. The assessment of the workload shall be based on the following factors: clear criteria and shall reflect the number of persons presenting themselves at external land borders, external sea borders, airports, and consular offices, the number of persons who have applied for international protection or have been included in such an application as a family member, and the number of applications for short-stay or airport- transit visas.
Amendment 336 #
Proposal for a regulation
Annex I – point 7 – point a
Annex I – point 7 – point a
Amendment 340 #
Proposal for a regulation
Annex I – point 7 – point b
Annex I – point 7 – point b
Amendment 341 #
Proposal for a regulation
Annex I – point 8 – introductory part
Annex I – point 8 – introductory part
8. The reference figures for the number of consular offices as referred to in paragraph 5(a) shall be calculated according to the information contained in Annex 28 of Commission Decision C(2010) 1620 of 19 March 2010 establishing the Handbook for the processing of visa applications and the modifications of issued visas. The figure shall be reduced to zero if a Member State fails to provide information in two consecutive years.
Amendment 342 #
Proposal for a regulation
Annex I – point 9 – point d
Annex I – point 9 – point d
(d) Where Member States have not provided the statistics concerned, the latest available data for those Member States shall be used. Where there is no data available for a Member State, the reference figure shall be zero. That figure shall likewise be reduced to zero if the Member State fails to provide information in two consecutive years.
Amendment 344 #
Proposal for a regulation
Annex I – point 10
Annex I – point 10
10. The European Border and Coast Guard Agency shall provide the Commission with a report on the breakdown of resources as regards external land borders, external sea borders and airports, as referred to in paragraph 1(c). The Commission shall make the report available to the public.
Amendment 346 #
Proposal for a regulation
Annex I – point 11 – introductory part
Annex I – point 11 – introductory part
11. For the purposes of the initial allocation, the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months on the date of the applicability of this Regulationworkload at the borders. For the purposes of the mid- term review, the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months available at the time of the mid-term review in 2024. It shall determine the following specific weighting factors per section applying the threat levels as defined in Regulation (EU) No 1052/2013:
Amendment 347 #
Proposal for a regulation
Annex II – point 1 – point a – point i
Annex II – point 1 – point a – point i
i. reinforcing the capacities for carrying out checksenforcement and surveillance capacities at the external borders, including measures to facilitate legitimate border crossings and, where appropriate, measures related to the prevention and detection of cross-border crime, such as migrant smuggling, trafficking in human beings and terrorism, and measures related to the referral of persons in need of, or wishing to apply for, international protection;
Amendment 348 #
Proposal for a regulation
Annex II – point 1 – point a – point ii
Annex II – point 1 – point a – point ii
ii. supporting search and rescue in the context of carrying out border surveillance at seaoperations;
Amendment 349 #
Proposal for a regulation
Annex II – point 1 – point a – point v
Annex II – point 1 – point a – point v
v. supporting, within the scope of this Regulation, Member States facing existing or potential disproportionate migratory pressure at the EU’s external borders, including through technical and operational reinforcement, as well as by deploying migration management support teams in hotspot areaarrivals of significant numbers of migrants.
Amendment 351 #
Proposal for a regulation
Annex II – point 1 – point b
Annex II – point 1 – point b
Amendment 353 #
Proposal for a regulation
Annex II – point 1 – point c
Annex II – point 1 – point c
(c) enhancing inter-agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border, and at EU level between the Member States, or between the Member States, on the one hand, and the relevant Union bodies, offices and agencies or third countries, on the other;
Amendment 355 #
Proposal for a regulation
Annex II – point 1 – point e
Annex II – point 1 – point e
Amendment 359 #
Proposal for a regulation
Annex II – point 2 – point d
Annex II – point 2 – point d
Amendment 362 #
Proposal for a regulation
Annex III – point 1 – point a
Annex III – point 1 – point a
(a) infrastructures, buildings, systems and services required at border crossing points, in hotspot areas and for border surveillance between border crossing points to prevent order to manage migration effectively and guarantee access to Europeand tackle unauthorised border crossings, illegal immigration and cross-border crime at the external borders, as well as to guarantee the smooth flows of legitimate travellerserritory for persons in need of international protection;
Amendment 363 #
Proposal for a regulation
Annex III – point 1 – point b
Annex III – point 1 – point b
(b) operating equipment, including means of transport, and communication systems required for effective and secure border control guaranteeing that fundamental rights are upheld, in accordance with standards developed by the European Border and Coast Guard Agency, where such standards exist;
Amendment 364 #
Proposal for a regulation
Annex III – point 1 – point c
Annex III – point 1 – point c
(c) training in the field of or contributing to the development of European integrated border management, taking into account operational needs and risk analysis and inmaking it possible for the agents concerned to ensure full compliance with fundamental rights;
Amendment 366 #
Proposal for a regulation
Annex III – point 1 – point d
Annex III – point 1 – point d
(d) secondment of joint liaison officers to third countries as defined in Regulation (EU) No …/ … [new ILO Regulation]69 and secondment of border guards and other relevant experts to Member States or from a Member State to a third country, reinforcement of cooperation and operational capacity of networks of experts or liaison officers, as well as exchange of best practices and boosting the capacity of European networks to assess, promote, support and develop Union policies; _________________ 69 OJ L […], […]. p.
Amendment 367 #
Proposal for a regulation
Annex III – point 1 – point e
Annex III – point 1 – point e
(e) studies, pilot projects and other relevant actions aiming to implement or develop European integrated border management, including measures aiming at the development of the European Border and Coast Guard, such as common capacity-building, joint procurement, establishment of common standards and other measures streamlining the cooperation and coordination between the European Border and Coast Guard Agency and Member States; , with a special focus on upholding fundamental rights; and measures related to the referral of persons in need of, or wishing to apply for, international protection;
Amendment 370 #
Proposal for a regulation
Annex III – point 1 – point f
Annex III – point 1 – point f
(f) actions developing innovative methods or deploying new technologies with a potential for transferability to other Member States, in particular deploying the results of security research projects where such deployment has been identified by the European Border and Coast Guard Agency, acting under Article 37 of Regulation (EU) 2016/1624, as contributing to the development of operational capabilities of the European Border and Coast Guard. Innovative methods and new technologies of this type shall be fully in accordance with fundamental rights and the right to protection of personal data;
Amendment 371 #
Proposal for a regulation
Annex III – point 1 – point g
Annex III – point 1 – point g
(g) preparatory, monitoring, administrative and technical activities, required to implement external border policies, including to strengthen the governance of the Schengen area by developing and implementing the evaluation mechanism as established by Regulation (EU) No 1053/2013 to verify the application of the Schengen acquis and the Schengen Borders Code, including mission expenditure for experts of the Commission and the Member States participating in on-site visits as well as measures to implement recommendations issued following vulnerability assessments carried out by the European Border and Coast Guard Agency in line with Regulation (EU) 2016/1624;
Amendment 372 #
Proposal for a regulation
Annex III – point 1 – point h
Annex III – point 1 – point h
(h) identification, fingerprinting, registration, security checks, debriefing, provision of information, medical and vulnerability screening and, where necessary, medical care as well as referral of third country nationals to the appropriate procedure at the external borders, in particular in hotspot areas;
Amendment 374 #
Proposal for a regulation
Annex III – point 1 – point h a (new)
Annex III – point 1 – point h a (new)
(ha) the exchange of good practices to assess, promote, support, and further develop Union policies and objectives, including for the purpose of protecting fundamental rights in connection with the various components of border control and as regards the identification, the provision of immediate assistance to, and the referral to protection services of, vulnerable persons, in particular women, children, and unaccompanied minors;
Amendment 376 #
Proposal for a regulation
Annex III – point 2 – point c
Annex III – point 2 – point c
(c) training of consular and other staff contributing to the common visa policy and consular cooperation, including where compliance with fundamental rights is concerned;
Amendment 377 #
Proposal for a regulation
Annex III – point 2 – point d
Annex III – point 2 – point d
(d) the exchange of best practices and experts, including the secondment of experts, as well as boosting the capacity of European networks to assess, promote, support and further develop Union policies and objectives, including for the purpose of protecting fundamental rights in connection with the various components of border control and as regards the identification, the provision of immediate assistance to, and the referral to protection services of, vulnerable persons, in particular women, children, and unaccompanied minors;
Amendment 378 #
Proposal for a regulation
Annex III – point 2 – point i
Annex III – point 2 – point i
(i) development of statistical tools, methods and indicators, observing the principle of non-discrimination and the right to protection of personal data;
Amendment 379 #
Proposal for a regulation
Annex III – point 3
Annex III – point 3
Amendment 380 #
Proposal for a regulation
Annex IV – point 2
Annex IV – point 2
Amendment 382 #
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
Amendment 384 #
Proposal for a regulation
Annex IV – point 6
Annex IV – point 6
Amendment 386 #
Amendment 390 #
Proposal for a regulation
Annex V – point a – introductory part
Annex V – point a – introductory part
(a) Specific objective 1: Ssupporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively manage migratory flows:;
Amendment 392 #
Proposal for a regulation
Annex V – point a – point 1
Annex V – point a – point 1
Amendment 394 #
Proposal for a regulation
Annex V – point b – introductory part
Annex V – point b – introductory part
(b) Specific objective 2: Supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risksensure a more harmonised approach by Member States to the issue of visas and to facilitate legitimate travel:
Amendment 396 #
Proposal for a regulation
Annex VII – point a – point 3
Annex VII – point a – point 3
(3) service costs, including at hotspot areas within the scope of this Regulation;
Amendment 397 #
Proposal for a regulation
Annex VII – point c – point 2
Annex VII – point c – point 2
(2) operational management and maintenance of large-scale IT systems and their communication infrastructures, including the interoperability of these systems and rental of secure premises.
Amendment 399 #
Proposal for a regulation
Annex VIII – point a – introductory part
Annex VIII – point a – introductory part
(a) Specific objective 1: Ssupporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively manage migratory flows;
Amendment 400 #
Proposal for a regulation
Annex VIII – point a – point 1 – indent 7
Annex VIII – point a – point 1 – indent 7
Amendment 402 #
Proposal for a regulation
Annex VIII – point a – point 7
Annex VIII – point a – point 7
Amendment 404 #
Proposal for a regulation
Annex VIII – point b – point 3
Annex VIII – point b – point 3