BETA

28 Amendments of Ioan ENCIU related to 2011/0427(COD)

Sylvie GUILLAUME, Ioan ENCIU

Proposal for a regulation
Recital 6

(6) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, notably human dignity, prohibition of torture and inhuman or degrading treatment or punishment, right to liberty and security, right to the protection of personal data, the right of asylum, protection in cases of removal and expulsion, non-refoulement, non- discrimination and rights of the child. This Regulation should be applied by Member States in accordance with these rights and principles.

2012/09/27
Committee: LIBE

Proposal for a regulation
Recital 9

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

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1

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

2012/09/27
Committee: LIBE

Sylvie GUILLAUME, Ioan ENCIU

Proposal for a regulation
Article 3 – point a

a) 'situational awareness' means the ability to monitor, detect, identify, track and understand cross-border activities in order to find reasoned grounds for control measures on the basis of combining new information with existing knowledge, and to be better able to prevent loss of life at sea;

2012/09/27
Committee: LIBE

Sylvie GUILLAUME, Ioan ENCIU

Proposal for a regulation
Article 3 – point b

b) 'reaction capability' means the ability to perform actions aimed at countering illegal cross-border movements and saving lives at sea, including the means and timelines to react adequately to unusual circumstances;

2012/09/27
Committee: LIBE

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

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

2012/09/27
Committee: LIBE

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

(d) an imagery and geo-data sub-layer, which shall contain reference imagery, background maps, intelligence validation assessments, change analysis (earth observation imagery) as well as change detection, geo-referenced data and external border permeability maps.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)

(b a) entities referred to in Article 17;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 6 – point b a (new)

(b a) an analytical sub-layer, which shall present relevant information provided by the Commission, including potential deficiencies and risks, based on assessments undertaken in the framework of the Schengen Evaluation Mechanism;

2012/09/27
Committee: LIBE

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

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

2012/09/27
Committee: LIBE

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

(d) an imagery and geo-data sub-layer, which shall contain reference imagery, background maps, intelligence validation assessments, change analysis (earth observation imagery) as well as change detection, geo-referenced data and external border permeability maps.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 11 – paragraph 2 – point c a (new)

(c a) entities referred to in Article 17;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 11 – paragraph 3

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

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 1 – introductory part

1. Based on the Agency's risk analysis, on relevant aspects of the assessments undertaken in the framework of the Schengen Evaluation Mechanism and after consultation of the Member States concerned, the Agency shall attribute the following impact levels to each of the external land and sea border sections of Member States:

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 1 – point a

(a) low impact level in case the incidents related to irregular migration and cross- border crime occurring at the border section in question have an insignificant impact on border security or migrant safety;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 1 – point b

(b) medium impact level in case the incidents related to irregular migration and cross-border crime occurring at the border section in question have a moderate impact on border security or migrant safety;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 14 – paragraph 1 – point c

(c) high impact level in case the incidents related to irregular migration and cross- border crime occurring at the border section in question have a significant impact on border security or migrant safety. A high level impact shall be assigned where assessments undertaken in the framework of the Schengen Evaluation Mechanism reveal serious deficiencies in the management of one or more sections of external borders.

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 1 – point a

(a) where a low impact level is attributed to an external border section, the local or regional coordination centre shall organize regular surveillance on the basis of risk analysis and ensure that sufficient patrols are being kept in the border area in readiness for tracking, identification ~~and~~, interception and rescue;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 3

3. Where a medium or high impact level is attributed to an external border section which is adjacent to the border section of another Member State or a third country, the national coordination centre shall coordinate the measures taken with the national coordination centre of the neighbouring country and the Agency.

2012/09/27
Committee: LIBE

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

(a) ~~European Police Office (Europol),~~ the Maritime Analysis and Operations Centre – Narcotics (MAOC-N) and the Centre de Coordination pour la lutte antidrogue en Méditerranée (CeCLAD-M) in order to exchange information on cross- border crime to be included in the European Situational Picture;

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 17 – paragraph 2 – point a a (new)

(a a) the European Police Office in order to exchange information on cross-border crime;

2012/09/27
Committee: LIBE

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

(c) the European Commission ~~and~~, the European Asylum Support Office and other EU agencies which can provide the Agency with information relevant for maintaining the European Situational Picture and the Common Pre-Frontier Intelligence Picture;

2012/09/27
Committee: LIBE

Sylvie GUILLAUME, Ioan ENCIU

Proposal for a regulation
Article 18 – paragraph 2

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

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 19

The European Commission shall, in close cooperation with the Member States and the Agency, make available a Practical Handbook for the implementation and management of EUROSUR (hereinafter ‘Handbook’), providing technical and operational guidelines, recommendations and best practices. This handbook shall include, inter alia, details on minimum standards and requirements for any agreements with third countries in accordance with Article 18(1a). The European Commission shall adopt the Handbook in the form of a recommendation.

2012/09/27
Committee: LIBE

Sylvie GUILLAUME, Ioan ENCIU

Proposal for a regulation
Article 20 – paragraph 1

1. The Agency shall ensure that procedures are in place to monitor the technical and operational functioning of EUROSUR against the objectives of achieving an adequate situational awareness and reaction capability at the external borders, including the protection of migrants’ lives.

2012/09/27
Committee: LIBE

Sylvie GUILLAUME, Ioan ENCIU

Proposal for a regulation
Article 20 – paragraph 3

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

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 21 – paragraph 3

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

2012/09/27
Committee: LIBE

Proposal for a regulation
Article 21 – paragraph 4

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

2012/09/27
Committee: LIBE