BETA

19 Amendments of Georgios PAPANIKOLAOU related to 2013/0106(COD)

Amendment 66 #
Proposal for a regulation
Recital 9
(9) Pursuant to Regulation (EC) No 2007/2004, border surveillance operations coordinated by the Agency are conducted in accordance with an operational plan. Accordingly, as regards sea operations, the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place, including references to international and Union law, regarding interception, rescue at sea and disembarkation. In turn, this Regulation governs the issues of interception, rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the Agency in accordance with international law and fundamental rights.
2013/10/31
Committee: LIBE
Amendment 69 #
Proposal for a regulation
Recital 11 a (new)
(11a) This Regulation respects international law and, in particular, international Conventions governing search and rescue and relevant bilateral agreements which comply with international law.
2013/10/31
Committee: LIBE
Amendment 97 #
Proposal for a regulation
Article 4 – paragraph 3
3. In case of disembarkation in a third country, the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation. They shall inform the intercepted or rescued persons of the place of disembarkation in anthe most appropriate way possible and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement.
2013/10/31
Committee: LIBE
Amendment 99 #
Proposal for a regulation
Article 4 – paragraph 3
3. In case of disembarkation in a third country, the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation. They shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement.
2013/10/31
Committee: LIBE
Amendment 164 #
Proposal for a regulation
Article 9 – paragraph 1
1. DuringBefore a sea operation, participating units shall render assistance to any ship or person in distress at seaMember States shall instruct their participating units to comply with the obligation to render assistance to any ship or person in distress at sea, in accordance with applicable provisions of international Conventions governing search and rescue and fundamental rights. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.
2013/10/31
Committee: LIBE
Amendment 169 #
Proposal for a regulation
Article 9 – paragraph 2
2. When facing, in the course of a sea operation, a situation of uncertainty, alert or distress as regards a ship or any person on board, the participating unit shall forward as soon as possible all available information to the Rescue Coordination Centre responsible for the search and rescue region in which the situation occurs.
2013/10/31
Committee: LIBE
Amendment 170 #
Proposal for a regulation
Article 9 – paragraph 3
3. A ship or the persons on board shall be considered to be in a situation of uncertainty in particular when: (a) doubt exists as to the safety of a ship or the persons on board; or (b) there is lack of information concerning progress or position of a ship.deleted
2013/10/31
Committee: LIBE
Amendment 171 #
Proposal for a regulation
Article 9 – paragraph 4
4. A ship or the persons on board shall be considered to be in a situation of alert in particular when: (a) apprehension exists as to the safety of a ship or the persons on board because of information that serious difficulties exist, but not to the extent that a distress situation is likely; or (b) there is continued lack of information concerning progress or position of a ship.deleted
2013/10/31
Committee: LIBE
Amendment 172 #
Proposal for a regulation
Article 9 – paragraph 5
5. A ship or the persons on board shall be considered to be in a situation of distress in particular when: (a) positive information is received that a ship or a person on board is in danger and needs immediate assistance; or (b) attempts to establish contact with the ship fail and unsuccessful inquiries point to the probability that the ship is in distress; or (c) information is received which indicates that the operating efficiency of the ship has been impaired to the extent that a distress situation is likely.deleted
2013/10/31
Committee: LIBE
Amendment 173 #
Proposal for a regulation
Article 9 – paragraph 6
6. When assessing the situation for the purposes of paragraphs 3 to 5, participating units shall take all relevant elements into account, including: (a) the existence of a request for assistance; (b) the seaworthiness of the ship and the likelihood that the ship will not reach its final destination; (c) the number of passengers in relation to the type and condition of the ship; (d) the availability of necessary supplies such as fuel, water, food to reach a shore; (e) the presence of qualified crew and command of the ship; (f) the availability and capability of safety, navigation and communication equipment; (g) the presence of passengers in urgent need of medical assistance; (h) the presence of deceased passengers; (i) the presence of pregnant women or children; (j) the weather and sea conditions, including weather and marine forecasts.deleted
2013/10/31
Committee: LIBE
Amendment 178 #
Proposal for a regulation
Article 9 – paragraph 7
7. Participating units shall promptly communicate their assessment of the situation to the responsible Rescue Coordination Centre. While awaiting instructions from the Rescue Coordination Centre, participating units shall take all the appropriate measures to ensure the safety of the persons concerndeleted.
2013/10/31
Committee: LIBE
Amendment 180 #
Proposal for a regulation
Article 9 – paragraph 8
8. The existence of a distress situation shall not be exclusively dependent on or determined by an actual request for assistance. Where, despite a ship being perceived to be in a distress situation, the persons on board refuse to accept assistance, the participating unit shall inform the Rescue Coordination Centre and continue to fulfil a duty of care by surveying the ship at a prudent distance and by taking any measure necessary for the safety of the persons concerned, while avoiding to take any action that might aggravate the situation or increase the chances of injury or loss of life.deleted
2013/10/31
Committee: LIBE
Amendment 182 #
Proposal for a regulation
Article 9 – paragraph 9
9. Where the Rescue Coordination Centre of the third country responsible for the search and rescue region does not respond to the notification transmitted by the participating unit, the latter shall contact the Rescue Coordination Centre of the host Member State unless another Rescue Coordination Centre is better placed to assume coordination of the search and rescue situation.deleted
2013/10/31
Committee: LIBE
Amendment 183 #
Proposal for a regulation
Article 9 – paragraph 10
10. The participating units shall inform the International Coordination Centre as soon as possible of any contact with the Rescue Coordination Centre and of the course of action taken by them.deleted
2013/10/31
Committee: LIBE
Amendment 188 #
Proposal for a regulation
Article 10 – paragraph 1
1. TFor the purposes of sea operations coordinated by the Agency, the modalities for the disembarkation of the persons intercepted or rescued in a sea operation shall be set out in the operational plan. Those modalities for disembarkation shall not have the effect of ime participating units shall cooperate with the responsing obligations on Member States not participating in the sea operation unless they expressly provide authorisation for meable Rescue Coordination Centre to provide a suitable port or place of safety for the rescued persons and to ensures to be taken in their territorial sea or contiguous zone in accordance with Article 6(4) or Article 8(2)heir rapid and effective disembarkation. The modalities shall be in accordance with international law and relevant bilateral agreements which comply with international law.
2013/10/31
Committee: LIBE
Amendment 191 #
Proposal for a regulation
Article 10 – paragraph 2
2. In the case of interception in the territorial sea or the contiguous zone as laid down in Article 6(2) or Article 8(1), disembarkation shall take place in the host Member State or in the participating Member State in whose territorial waters or contiguous zone the interception takes place. In the case of interception in the territorial sea or the contiguous zone as laid down in Article 6(4) or Article 8(2), disembarkation shall take place in the Member State in whose territorial waters or contiguous zone the interception takes place.deleted
2013/10/31
Committee: LIBE
Amendment 194 #
Proposal for a regulation
Article 10 – paragraph 3
3. Subject to the application of Article 4, in the case of interception on the high seas as laid down in Article 7, disembarkation may take place in the third country from which the ship departed. If that is not possible, disembarkation shall take place in the host Member State.deleted
2013/10/31
Committee: LIBE
Amendment 196 #
Proposal for a regulation
Article 10 – paragraph 4
4. In the case of search and rescue situations as laid down in Article 9, the participating units shall cooperate with the responsible Rescue Coordination Centre to provide a suitable port or place of safety for the rescued persons and to ensure their rapid and effective disembarkation. Without prejudice to the responsibility of the Rescue Coordination Centre, the host Member State and the participating Member States shall as soon as possible ensure that a port or place of safety is identified taking into account relevant factors, such as distances to the closest ports or places of safety, risks and the circumstances of the case. Where the participating unit is not released of its obligation referred to in Article 9(1) as soon as reasonably practicable, taking into account the safety of the rescued persons and that of the participating unit itself, it shall be authorised to disembark the rescued persons in the host Member State.deleted
2013/10/31
Committee: LIBE
Amendment 200 #
Proposal for a regulation
Article 10 – paragraph 5
5. The participating units shall inform the International Coordination Centre of the presence of any persons within the meaning of Article 4(1), and the International Coordination Centre shall convey that information to the competent national authorities. On the basis of that information, the operational plan should determine which follow-up measures may be taken.deleted
2013/10/31
Committee: LIBE