27 Amendments of Sylvie GUILLAUME related to 2010/0039(COD)
Amendment 81 #
Proposal for a regulation – amending act
Recital 7
Recital 7
(7) Efficient management of the external borders through checks and surveillance contributes to combat illegaling irregular immigration and trafficking in human beings and to reduceing the threats to the internal security, public policy, public health and international relations of the Member States.
Amendment 98 #
Proposal for a regulation – amending act
Recital 22
Recital 22
(22) For the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks, the Agency may cooperate with Europol, the European Asylum Support Office, the Fundamental Rights Agency and other European Union Agencies and bodies, the competent authorities of third countries and the international and other organisations competent in matters covered by Regulation (EC) No 2007/2004 in the framework of working arrangements concluded in accordance with the relevant provisions of the Treaty. The Agency should facilitate the operational cooperation between Member States and third countries in the framework of the external relations policy of the European Union.
Amendment 104 #
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 2007/2004
Article 1 – paragraph 2
Article 1 – paragraph 2
2. While considering that the responsibility for the control and surveillance of external borders lies with the Member States, the Agency shall facilitate and render more effective the application of existing and future European Union measures relating to the management of external borders, in particular the Schengen Borders Code, and in accordance with relevant Union law, International law, obligations related to access to intCouncil Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Opernational protecCooperation, and fundamental rightst the External Borders of the Member States of the European Union1. It shall do so by ensuring the coordination of Member States’ actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the Member States. The Agency shall perform its tasks, acting fully in accordance with relevant Union law, including the Charter of Fundamental Rights of the European Union, international law, including the Geneva Convention of 28 July 1951 relating to the Status of Refugees, obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights. ____________ 1 OJ L 111, 4.5.2010, p. 20.
Amendment 106 #
Proposal for a regulation – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Regulation (EC) No 2007/2004
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
Amendment 124 #
Proposal for a regulation – amending act
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
“All border guards and other personnel of the Member States, as well as the staff of the Agency shall, prior to their participation in operational activities organised by the Agency and/or their deployment in third countries by the Agency, have received training in relevant EU and international law, including fundamental rights and access to international protection.”
Amendment 134 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 1 – subparagraph 5
Article 3 – paragraph 1 – subparagraph 5
The Agency may also terminate joint operations and pilot projects if the conditions to conduct these initiatives, including respect for human rights and international protection obligations, are no longer fulfilled.
Amendment 138 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Agency shall constitute a pool of border guards called Frontex Joint Support Teams in accordance with the provisions of Article 3b, for possible deployment during joint operations and pilot projects referred to in paragraph 1. It shall decide on the deployment of human resources and technical equipment in accordance with Articles 3a and 7. In accordance with the Code of Conduct applicable to operations as a whole, which specifically provides for an independent monitoring and evaluation system, the Agency shall arrange for the Office of the United Nations High Commissioner for Refugees (UNHCR) and non-governmental organisations with relevant expertise to participate in an advisory capacity as independent monitors in the joint operations and pilot projects referred to in paragraph 1.
Amendment 141 #
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Agency shall evaluate the results of the joint operations, rapid border intervention missions, and pilot projects and transmit the detailed evaluation reports within 60 days following the end of the activity to the Management Board, together with the observations of the independent monitors. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and the efficiency of future operations and projects to be included in its general report provided for in Article 20(2)(b). To ensure that the above-mentioned activities are conducted transparently and evaluated coherently, the observations of the independent monitors shall also be incorporated in an annual reporting mechanism of the type specified in Article 20(2)(b).
Amendment 148 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3 a (new) – paragraph 1 – subparagraph 2 – point e
Article 3 a (new) – paragraph 1 – subparagraph 2 – point e
(e) the composition of the teams of guest officers and of independent observers as referred to in the Code of Conduct;
Amendment 150 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3 a (new) – paragraph 1 – subparagraph 2 – point h
Article 3 a (new) – paragraph 1 – subparagraph 2 – point h
(h) a reporting and evaluation scheme containing detailed provisions on incident reporting, benchmarks for the evaluation report and the final date of submission of the final evaluation report in accordance with Article 3(4). The incident reporting scheme shall be used by the Agency to transmit, to the relevant public authorities and the Management Board, any information concerning credible allegations of breaches of, in particular, Regulation (EC) No 2007/2004 or the Schengen Borders Code, including fundamental rights, during joint operations and pilot projects;
Amendment 152 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3 a (new) – paragraph 1 – subparagraph 2 – point i
Article 3 a (new) – paragraph 1 – subparagraph 2 – point i
(i) regarding sea operations, specific requirements regarding the applicable jurisdiction and maritime law provisions concerning the geographical area where the joint operation takes place and those regarding the extraterritorial applicability of the obligation of non-refoulement under Article 3(1) of the Geneva Convention of 28 July 1951 relating to the Status of Refugees. In accordance with Article 1 of Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union1, the rules and guidelines applicable to search and rescue situations and to disembarkation shall form part of the operational plan drawn up for each operation coordinated by the Agency. __________ 1 OJ L 111, 4.5.2010, p. 20.
Amendment 156 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3 a (new) – paragraph 1 – subparagraph 2 – point i a (new)
Article 3 a (new) – paragraph 1 – subparagraph 2 – point i a (new)
(ia) specific measures to ensure respect for fundamental rights, including guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate facilities.
Amendment 161 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3 b (new) – paragraph 4
Article 3 b (new) – paragraph 4
4. Members of the Frontex Joint Support Teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including the right of asylum, and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, members of the teams shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 169 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3 c (new) – paragraph 2
Article 3 c (new) – paragraph 2
2. The Agency, via its coordinating officer as referred to in Article 3b(5), may communicate its views on those instructions to the host Member State. If it does so, the host Member State shall, subject to Article 10, take those views into consideration.
Amendment 171 #
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 2007/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
It shall prepare both general and tailored risk analyses to be submitted to the European Parliament, the Council and the Commission. For these purposes Member States shall provide the Agency with all necessary information regarding the situation and possible threats at the external borders. International and non- governmental organisations with proven expertise and experience in the field of migration may assist the Agency’s risk analyses by supplying their own analyses and the information in their possession. The Agency shall share the findings of its analyses and research with the expert organisations which have made specific contributions.
Amendment 177 #
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 2007/2004
Article 5 – paragraph 1
Article 5 – paragraph 1
The Agency shall establish and further develop common core curricula for border guards’ training and provide initial and in- service training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights and access to international protection. Training curricula shall be drawn up after consultation of the Office of the United Nations High Commissioner for Refugees (UNHCR), the European Asylum Support Office (EASO) and the European Union Agency for Fundamental Rights (FRA).
Amendment 200 #
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Code of Conduct will in particular pay attention to the obligation set out in Article 8(6) of Directive 2008/115/EC to provide for an effective forced-return monitoring system. The monitoring of joint return operations should be carried out independently and should cover the whole joint return operation from the pre- departure phase until the hand-over of the returnees in the country of return. Member States shall ensure that relevant international and non-governmental organisations are involved during removal procedures in order to guarantee compliance with proper legal procedure. Furthermore, observations of the monitor, which shall cover the compliance with the Code of Conduct and in particular fundamental rights, shall be made available to the Commission and form part of the internal Final Return Operation Report. In order to ensure transparency and a coherent evaluation of the forced-return operations, reports of the monitor shall be included in anthe annual reporting mechanism. referred to in Article 20(2)(b).
Amendment 213 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 13 – title
Article 13 – title
Cooperation with European Union agencies and bodies and international and other relevant organisations
Amendment 214 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 13
Article 13
The Agency may cooperate with Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights Agency, other European Union agencies and bodies, and the international and other organisations competent in matters covered by this Regulation in the framework of working arrangements concluded with those bodies, in accordance with the relevant provisions of the Treaty and the provisions on the competence of those bodies. In every case the Agency shall inform the European Parliament of any such arrangements without delay.
Amendment 218 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 1
Article 14 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate the operational cooperation between Member States and third countries, in the framework of the European Union external relations policy, including with regard to human rights. The establishment of cooperation with third countries shall serve to promote European border management standards, also covering respect for fundamental rights and human dignity.
Amendment 220 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Agency may deploy liaison officers, whicho should enjoy the highest possible protection to carry out their duties, in third countries. In every case the Agency shall inform the European Parliament without delay of any such deployments, supplying a description of the duties of the officers concerned. They shall form part of the local or regional cooperation networks of Member States’ liaison officers set up pursuant to Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network. Liaison officers shall only be deployed to third countries in which border management practices respect minimum human rights standardsfundamental rights and obligations related to international protection of refugees. Before being deployed, liaison officers shall be given training in relevant EU and international law, including fundamental rights and access to international protection. Priority for deployment should be given to those third countries, which on the basis of risk analysis constitute a country of origin or transit regarding illegalrregular migration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries also, for a limited period of time. The Management Board shall adopt, on a proposal of the Executive Director, the list of priorities on a yearly basis in accordance with the provisions of Article 24. The European Parliament shall be regularly informed of the activities of liaison officers deployed by the Agency.
Amendment 229 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The tasks of the liaison officers shall include, in compliance with European Union law and in accordance with fundamental rights, the establishment and maintaining of contacts with the competent authorities of the third country to which they are assigned to with a view to contributeing to the prevention of and fight against illegalrregular immigration and the return of illegalrregular migrants.
Amendment 232 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the Union’s external relations policy. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation, provided that, in their border management practices, the third countries concerned respect fundamental rights and obligations related to international protection of refugees. The Agency may also invite representatives of third countries, other European Union agencies and bodies or international and other expert organisations to participate in its activities referred to in Articles 3, 4 and 5. These representatives shall receive the appropriate training from the Agency prior to their participation.
Amendment 236 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 5
Article 14 – paragraph 5
5. When concluding bilateral agreements with third countries as referred to in Article 2(2) Member States shall, where appropriate, include provisions concerning the role and competencies of the Agency, in particular regarding the exercise of executive powers by members of the teams deployed by the Agency during the activities referred to in Article 3; the provisions applicable must be compatible with the legal framework governing the Agency. In every case the Agency shall inform the European Parliament of any such provisions without delay.
Amendment 238 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation in the framework of working arrangements concluded with these authorities, in accordance with the relevant provisions of the Treaty, provided that, in their border management practices, the third countries concerned respect fundamental rights and obligations related to international protection of refugees. In every case the Agency shall inform the European Parliament of any such arrangements without delay.
Amendment 243 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The activities referred to in paragraphs 2, 5, and 6 shall be subject to receiving a prior favourable opinion of the Commission and to consultation of the European Parliament.
Amendment 253 #
Proposal for a regulation – amending act
Article 1 – point 23
Article 1 – point 23
2b. The evaluation shall include a specific analysis on the way the Charter of Fundamental Rights was respected pursuant to the application of the Regulation. It shall be based, among other sources, on the observations of the independent monitors.”