2014/2215(INI) | [ParlTrack]

Alessandra MUSSOLINI, József NAGY, Salvatore Domenico POGLIESE

Motion for a resolution
Paragraph 9 b (new)

9 b. Stresses that any complaint mechanism should cover the entire scope of Frontex's activity including joint operations, pilot operations but also risks analyses, information exchange and cooperation with third countries.

Amendment 101 #

Miltiadis KYRKOS

Motion for a resolution
Paragraph 10

10. Takes the view that both persons who feel harmed by border guards wearing the Frontex emblem and third parties acting in the interest of such persons should have the right to submit a complaint; urges Frontex to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement; Moreover FRONTEX should ensure that all measures are taken to avoid conflict of interest during the treatment of complaints;

Amendment 102 #

Motion for a resolution
Paragraph 10

10. Takes the view that both persons who feel harmed by border guards wearing the Frontex emblem, especially the most vulnerable people, such as minors and pregnant women, and third parties acting in the interest of such persons should have the right to submit a complaint; urges Frontex to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement;

Amendment 103 #

Monika HOHLMEIER, Csaba SÓGOR, Barbara MATERA, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 10

10. Takes the view that ~~both~~ persons who feel harmed by border guards wearing the Frontex emblem ~~and third parties acting in the interest of such persons~~ should have the right to submit a complaint; urges Frontex to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement unless compelled legally to do so;

Amendment 104 #

Malin BJÖRK, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 10

10. Takes the view that both persons who feel harmed by border guards wearing the Frontex emblem and third parties acting in the interest of such persons should have the right to submit a complaint; urges Frontex fundamental rights officer and the independent complaint body to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement;

Amendment 105 #

Malin BJÖRK, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 10 a (new)

10 a. Emphasises that third parties, including NGOs and international organisations should have the right to submit a complaint on behalf of an individual and to represent him or her during the whole procedure allowing the complainant to remain anonymous; emphasises the need to ensure the safety of the complainant;

Amendment 106 #

Monika HOHLMEIER, Csaba SÓGOR, Barbara MATERA, Alessandra MUSSOLINI, Salvatore Domenico POGLIESE, Tomáš ZDECHOVSKÝ, Elissavet VOZEMBERG-VRIONIDI, Kinga GÁL, Artis PABRIKS, József NAGY, Pál CSÁKY, Petri SARVAMAA, Heinz K. BECKER

Motion for a resolution
Paragraph 11

11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only co~~mplaints~~ncrete and founded complaints which are based on a direct violation of con~~cret~~e of the fundamental rights ~~violation~~as protected by the EU Charter of fundamental rights should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;

Amendment 107 #

Edouard MARTIN, Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Jude KIRTON-DARLING

Motion for a resolution
Paragraph 11

11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; ~~recommends, therefore, that anonymous complaints should not be accepted; suggests further that~~ only complaints of ~~concrete~~ fundamental rights violations should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria ~~for the admissibility of complaints; recommends the provision~~established by the Fundamental Rights Officer as respecting the Charter of Fundamental rights for the admissibility of complaints; recommends the development - in cooperation with the Fundamental Rights Agency (FRA) and the European Asylum Support Office (EASO) - of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;

Amendment 108 #

Malin BJÖRK, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 11

11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; ~~recommends, therefore,~~suggests that anonymous complaints should ~~not be accepted; suggests further that only complaints of concrete fundamental rights violations should be admitted~~be admissible if lodged by a third party representing the complainant; considers that this should not prevent Frontex from taking into account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; ~~emphasises the need for clear criteria for the admissibility of complaints; recommends the provision~~stresses that complaints can only be deemed inadmissible if the formal requirements of the complaints are not met; emphasises the need for clear criteria established by the Fundamental Rights Officer in full respect of the Charter of Fundamental rights; recommends the development - in cooperation with the Fundamental Rights Agency (FRA) and the European Asylum Support Office (EASO) - of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;

Amendment 109 #

Motion for a resolution
Paragraph 11

11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaints of concrete fundamental rights violations should be admitted; considers that this should not prevent Frontex from takingconsiders that Frontex should take into account of other information sources on alleged fundamental rights violations, including general reports, b~~eyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints~~y NGOs, international organisations and other relevant stakeholders, beyond the complaints procedure; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident~~, since this would facilitate decisions on admissibility~~;

Amendment 11 #

Marina ALBIOL GUZMÁN, Malin BJÖRK, Kostas CHRYSOGONOS, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Recital A a (new)

A a. whereas different NGOs and international organizations have denounced fundamental rights violations and systematic breach of other international legislation, such as the principle of non-refoulement and the principles regarding asylum laid down in the Geneva Conventions, during Frontex operations;

Amendment 110 #

Miriam DALLI, Péter NIEDERMÜLLER, Birgit SIPPEL, Miltiadis KYRKOS, Caterina CHINNICI

Motion for a resolution
Paragraph 11

11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; emphasises, however, that this does not exclude complaints submitted by third parties acting in the interest of a complainant who prefers to remain anonymous; suggests further that only complaints of concrete fundamental rights violations should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the ~~provision~~development - in cooperation with the Fundamental Rights Agency (FRA) and the European Asylum Support Office (EASO) - of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;

Amendment 111 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 11

11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints shcould ~~not~~ be accepted if presented through a third person working for an international organization as for instance IOM or UNHCR; suggests further that only complaints of concrete fundamental rights violations should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;

Amendment 112 #

Motion for a resolution
Paragraph 11 a (new)

11 a. Underlines that migrants and stateless individuals should also have access to the complaints mechanism, including those who could be considered to be from safe countries of origin;

Amendment 113 #

József NAGY, Alessandra MUSSOLINI, Artis PABRIKS, Monika HOHLMEIER

Motion for a resolution
Paragraph 11 a (new)

11 a. Recalls that the identity of most complainants will be difficult to check upon and even to verify it as high percentage of people arrive to the EU with no documents, Urges to develop a system of verifying the identity of complainants while at the same time ensuring the protection of their personal data, that could be shared with any authorities only in cases of safeguard against and prevent threats on public security, public safety, public order and public health.

Amendment 114 #

Motion for a resolution
Paragraph 12

12. Emphasises that the above form should be accessible in ~~the most common languages spoken by migrants and asylum seekers~~all the official languages of the EU and that it should include all necessary information on how to submit a complaint; ~~is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved;~~ urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’ screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;

Amendment 115 #

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 12

12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; recalls that the Frontex Regulation 656/2014 already provides the for the availability of shore-based of interpreters, legal adviser and other relevant experts; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’ screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;

Amendment 116 #

Motion for a resolution
Paragraph 12

12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to ensure that third parties are present during the whole process, independently from the person or people making the complaint, urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’ screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;

Amendment 117 #

Monika HOHLMEIER, Csaba SÓGOR, Barbara MATERA, Alessandra MUSSOLINI, Salvatore Domenico POGLIESE, Tomáš ZDECHOVSKÝ, Elissavet VOZEMBERG-VRIONIDI, Kinga GÁL

Motion for a resolution
Paragraph 12

12. Emphasises that the above form should be accessible in the ~~most common~~appropriate languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint, including practical guidelines which are written in a comprehensible manner; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’' screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;

Amendment 118 #

Miltiadis KYRKOS

Motion for a resolution
Paragraph 12

12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in smart phone compatible electronic format on its website and in hard-copy format, in the Member States’ screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;

Amendment 119 #

Motion for a resolution
Paragraph 12

12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to ~~submit~~initiate a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’' screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;

Amendment 12 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Recital A a (new)

A a. whereas Frontex as any other EU institution, body, office or agency in its activity, has to comply with the Charter of Fundamental Rights and whereas this obligation finds its translation in Article 263 TFEU according to which "acts setting up bodies, offices and agencies of the Union may lay down specific conditions and arrangements concerning actions brought by natural or legal persons against acts of these bodies, offices or agencies intended to produce legal effects in relation to them";

Amendment 120 #

Miriam DALLI, Sylvie GUILLAUME, Miltiadis KYRKOS, Christine REVAULT D'ALLONNES BONNEFOY, Edouard MARTIN, Péter NIEDERMÜLLER, Caterina CHINNICI

Motion for a resolution
Paragraph 12

12. Emphasises that the above form should be accessible in the ~~most common~~ languages spoken by at least the top 10 ´nationalities of migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’' screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;

Amendment 121 #

Malin BJÖRK, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 12 a (new)

12 a. Calls for regular reporting by Frontex on complaints received and their follow-up with due consideration to data protection concerns of the complainants;

Amendment 122 #

Motion for a resolution
Paragraph 13

13. Recommends that Frontex should set a reasonable deadline for the submission of a complaint~~, thus allowing the possibility of filing a complaint after the termination of a Frontex operation; considers this to be of particular relevance for return operations~~;

Amendment 123 #

Jana TOOM

Motion for a resolution
Paragraph 13

13. Recommends that Frontex should set a reasonable ~~deadline~~time limit for the submission of a complaint~~, thus allowing~~ and ensure the possibility of filing a complaint after the termination of a Frontex operation; considers this to be of particular relevance for return operations; recommends that Member States handle the complaints within a reasonable time in compliance with national procedural rules;

Amendment 124 #

Motion for a resolution
Paragraph 13

13. Recommends that Frontex should set a reasonable deadline for the submission of a complaint, thus allowing the possibility of filing a complaint after the termination of a Frontex operation; considers this to be of particular relevance for return operations; recommends Frontex to establish a cooperation with the ombudsmen or other competent authorities in the countries of return in order to ensure to the third country nationals to have the possibility to submit the complaint after the return operation;

Amendment 125 #

Miriam DALLI, Edouard MARTIN, Péter NIEDERMÜLLER

Motion for a resolution
Paragraph 13 a (new)

13 a. Highlights that Frontex has the responsibility to enable their officers with skills to report on complaints related matters and to handle and proceed complaints in order to make the complaint mechanism effective;

Amendment 126 #

Motion for a resolution
Paragraph 13 a (new)

13 a. Stresses that complaints with regards to breaches of fundamental rights during Frontex operations should not interrupt on-going Frontex lifesaving operations in order not to put the lives of people at risk.

Amendment 127 #

Motion for a resolution
Paragraph 14

14. Acknowledges that potential complaints may in ~~many~~certain cases refer to the conduct of guest officers who fall under the particular authority of a Member State but wear the Frontex emblem;

Amendment 128 #

Motion for a resolution
Paragraph 14

14. Acknowledges that potential complaints may in many cases refer to the conduct of guest officers who fall under the particular authority of a Member State but wear the Frontex emblem; notes that these officers wear their own national uniform while performing tasks which does not necessary has a name or identification number visible on it; stresses that while guest officers are obliged to carry an accreditation document, requesting identification might be an obstacle to lodging a complaint against an officer; recommends that all persons acting under the Frontex emblem should have a visible name or identification number on their uniforms;

Amendment 129 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 15

15. ~~Recalls~~Takes into account that Frontex has no competence for initiating disciplinary measures against persons other than its own staff members, and that under Article 3(1a) of the Frontex Regulation taking disciplinary measures falls under the exclusive competence of the home Member State; notes that due to the coordinating role of Frontex, it should establish and maintain an appropriate central monitoring system and complaints collecting mechanism;

Amendment 13 #

Motion for a resolution
Recital A b (new)

A b. Whereas Article 263 TFEU also provides that the Court of Justice of the European Union shall review the legality of acts of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties.

Amendment 130 #

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 16

Amendment 131 #

Motion for a resolution
Paragraph 16

16. Takes note that Member States handle complaints against guest officers in very different ways; is concerned that alleged fundamental rights violations might not be followed up effectively by some Member States; calls on Frontex ~~and the Member States to~~to ensure the proper follow-up of complaints against guest officers, and report to the coompe~~rate closely in order to ensure the proper follow-up of complaints against guest officers~~tent authorities in the cases in which the fundamental rights violations are not being effectively followed up; stresses that this information must be made public;

Amendment 132 #

Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 16

16. Takes note that Member States handle complaints against guest officers in very different ways; is concerned that alleged fundamental rights violations might not be followed up effectively by some Member States; calls on Frontex and the Member States to cooperate closely in order to ensure the proper follow-up of complaints against guest officers; and to harmonize the complaints mechanisms and effective follow up investigations criteria; and calls on the European Commission to establish a code of best practices in order to guarantee the full respect of fundamental rights among the European Union.

Amendment 133 #

Motion for a resolution
Paragraph 17

17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it crucial to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so; stresses the need for cooperation of Frontex with the national human rights institutions in addition to the cooperation with national border authorities;

Amendment 134 #

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 17

17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; recommends that this system includes an appeal mechanism in the case where the case is deemed inadmissible or rejected; considers it crucial to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so; stresses the need for cooperation of Frontex with the national human rights institutions in addition to the cooperation with national border authorities;

Amendment 135 #

Motion for a resolution
Paragraph 17

17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it crucial to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so; stresses the need to make the information about the breach of fundamental rights public;

Amendment 136 #

Malin BJÖRK, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 17

17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; recommends that this system includes an appeal mechanism in case the complaint is deemed inadmissible or rejected; considers it crucial to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;

Amendment 137 #

Motion for a resolution
Paragraph 17

17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it ~~crucia~~useful to involve national ombudsmen or ~~any~~ other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;

Amendment 138 #

Malin BJÖRK, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 17 a (new)

17 a. Recommends gender-based training to be mandatory to both Frontex staff and guest officers before joining a Frontex operation, notably to raise awareness on gender-based violence and the vulnerability of migrant women;

Amendment 139 #

Alessandra MUSSOLINI, Monika HOHLMEIER, Salvatore Domenico POGLIESE, József NAGY

Motion for a resolution
Paragraph 18

18. Takes the view that the Fundamental Rights Officer should, in close cooperation with the relevant Frontex operational team, contribute to investigations by national authorities by providing further information on the incident if ~~necessary~~found to be necessary by the responsible Member State;

Amendment 14 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Recital A c (new)

A c. whereas even today Frontex coordination activity cannot in practice be dissociated from the Member State activity done under its coordination so that also Frontex (and thereby the European Union through it) could have direct and indirect impact on individual's rights and trigger, at the very least the EU extra- contractual responsibility (see Court of Justice Judgement T-341/07 Sison III); whereas such responsibility cannot be avoided simply because of the existence of administrative arrangements with the Member States involved in a Frontex coordinated operation when such arrangements have an impact on one' s fundamental right;

Amendment 140 #

Motion for a resolution
Paragraph 18

18. Takes the view that the Fundamental Rights Officer shcould, in relevant cases and in close cooperation with the relevant Frontex operational ~~team~~division, contribute to investigations by national authorities by providing further information on the incident if necessary;

Amendment 141 #

Miriam DALLI, Sylvie GUILLAUME, Birgit SIPPEL, Christine REVAULT D'ALLONNES BONNEFOY, Edouard MARTIN, Caterina CHINNICI, Péter NIEDERMÜLLER

Motion for a resolution
Paragraph 18 a (new)

18 a. Recommends that when complaints originate from asylum seekers, in particular those which are part of vulnerable groups such as unaccompanied minors, the Fundamental Rights Office, shall consult with EASO and seek advice.

Amendment 142 #

Motion for a resolution
Paragraph 19

19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; rRecalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;

Amendment 143 #

Angelika MLINAR, Jana TOOM, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 19

19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; recalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities; recommends Frontex to cooperate closely not only with the national border authorities but also and foremost with the national human rights institutions;

Amendment 144 #

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 19

19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a public letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; recalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;

Amendment 145 #

Motion for a resolution
Paragraph 20

20. Recommends that ~~a justification~~Frontex should be provide~~d to~~ the complainant ~~should no follow-up procedure be initiated by Frontex~~with the contact details of the responsible national authority;

Amendment 146 #

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 20

20. ~~Recommends that a~~Stresses the need that a public justification should be provided to the complainant should no follow-up procedure be initiated by Frontex;

Amendment 147 #

Angelika MLINAR, Jana TOOM, Beatriz BECERRA BASTERRECHEA, Maite PAGAZAURTUNDÚA

Motion for a resolution
Paragraph 20

20. ~~Recommends that a justification should be provided~~calls on Frontex fundamental rights officer to provide a justification to the complainant should no follow-up procedure be initiated by Frontex;

Amendment 148 #

Motion for a resolution
Paragraph 21

21. Recalls that the Frontex Disciplinary Procedure may also apply to seconded guest officers and seconded national experts if the relevant Member State ~~agrees~~finds it to be the best solution; recalls that Frontex may request the Member State to ~~immediately~~ remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;

Amendment 149 #

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 21

21. Recalls that the Frontex Disciplinary Procedure mayust also apply to seconded guest officers and seconded national experts ~~if the relevant Member State agrees~~; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;

Amendment 15 #

Motion for a resolution
Recital A a (new)

A a.Whereas Regulation (EU) No 656/2014 of the European Parliament and of the Council of May 2014 establishing rules for the surveillance of the external sea 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 Union, requires that when coordinating border surveillance operations at sea, the Agency should fulfil its tasks in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union (‘the Charter’), and relevant international law, in particular he United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the United Nations Convention relating to the Status of Refugees, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Convention on the Rights of the Child and other relevant international instruments;

Amendment 150 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 22

22. Calls on the Frontex Executive Director to ~~consider the exclusion of~~exclude any officer who has been found to be in breach of fundamental rights from participating in any Frontex operation or pilot project;

Amendment 151 #

Motion for a resolution
Paragraph 22

22. Calls on the Frontex Executive Director to consider the exclusion of any officer who has been found to be in breach of fundamental rights from participating in any Frontex operation or pilot project; stresses that this should also apply to national officers from partner countries participating in Frontex's operations as part of a working arrangement;

Amendment 152 #

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 22

Amendment 153 #

Bodil VALERO

Motion for a resolution
Paragraph 22

22. Calls on the Frontex Executive Director to consider the exclusion of any officer who has been found to be in breach of fundamental rights from participating in any Frontex operation or pilot project; considers that the suspension of participation of those Member States, which fail to cooperate with Frontex in the framework of the complaints mechanism should be explored;

Amendment 154 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 22

22. Calls on the Frontex Executive Director to consider ~~the exclusion of~~sanctioning any officer who has been found to be in breach of fundamental rights from participating in any Frontex operation or pilot project;

Amendment 155 #

Motion for a resolution
Paragraph 22 a (new)

22 a. Clear criteria on when Frontex's staff members should be excluded shall be established following recommendations from the Consultative Forum, the Fundamental Rights Officer and other relevant actors and NGOs such as FRA, UNHCR, IOM

Amendment 156 #

Marina ALBIOL GUZMÁN, Malin BJÖRK, Kostadinka KUNEVA

Motion for a resolution
Paragraph 23

23. Considers that the possibility of withdrawing financial support from Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudice to the overall aim of the Frontex mission whereby the saving of lives is envisaged; takes the view that in order to terminate an operation Frontex should establish criteria, including criteria concerning complaints and their handling in Member States, to really terminate operations;

Amendment 157 #

Motion for a resolution
Paragraph 23

Amendment 158 #

Motion for a resolution
Paragraph 23

23. Considers that ~~the possibility~~no prejudice in terms of withdrawing financial support from the Member States for ~~joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudice~~ultimately the termination of an operation should come by this mechanism to the overall aim of the Frontex mission whereby the saving of lives is envisaged;

Amendment 159 #

Miriam DALLI, Péter NIEDERMÜLLER, Edouard MARTIN, Miltiadis KYRKOS

Motion for a resolution
Paragraph 23

23. Considers that the possibility of withdrawing financial support from Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudice to the overall aim of the Frontex mission whereby the saving of lives is envisagedin case of serious and persistent fundamental rights violations should be explored; furthermore the suspension and ultimately the termination of an operation should be considered and explored further only in case of consistent violations of fundamental rights and without impacting Frontex life-saving operations;

Amendment 16 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Recital A b (new)

A b. Whereas the Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe

Amendment 160 #

Motion for a resolution
Paragraph 23 a (new)

23 a. Clear criteria on when Frontex operations should be terminated shall be established following recommendations from the Consultative Forum, the Fundamental Rights Officer and other relevant actors and NGOs such as FRA, UNHCR, IOM

Amendment 161 #

Miriam DALLI, Birgit SIPPEL, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Péter NIEDERMÜLLER, Miltiadis KYRKOS

Motion for a resolution
Paragraph 23 a (new)

23 a. Recommends that in its Annual General Report, Frontex includes information on the complaints made in the preceding year and the follow-up which has been made, stresses that this summary must include an overview of the types of violations alleged and the violations that actually occurred in order to help identify shortcomings, and ways to improve the staff's code of conduct; the same report should highlight if such violations occurred by guest officers or not, and when occurring by guest officers should indicate if sufficient information and follow up was provided by the Member State receiving such a complaint.

Amendment 162 #

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 24

24. Stresses that an individual complaints mechanism should not be deemed to confer any additional rights of access to criminal justice to the persons lodging a complaint; recalls that criminal investigations must be conducted by the Member State where operations take place;deleted

Amendment 163 #

Malin BJÖRK, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 24 a (new)

24 a. considers that the European Parliament should be regularly informed of the number of incidents reported through the incident referral mechanism; therefore calls on Frontex Fundamental Rights Officer to inform every six months the European Parliament of the number of incidents reported and the measures and decisions taken as a result;

Amendment 164 #

Motion for a resolution
Paragraph 25

Amendment 165 #

Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 25

25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’ right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check; highlights that in order to be effective, an information campaign should make information available in different languages including, but not limited to, the languages spoken by migrants and asylum seekers;

Amendment 166 #

Motion for a resolution
Paragraph 25

Amendment 167 #

Motion for a resolution
Paragraph 25

25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’' right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check of the complaints;

Amendment 168 #

Miriam DALLI, Sylvie GUILLAUME, Birgit SIPPEL, Péter NIEDERMÜLLER, Caterina CHINNICI

Motion for a resolution
Paragraph 25

25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’ right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check; Notes that returnees must be briefed about their fundamental rights prior to return operations, in a way that is understandable and comprehensible to every returnee.

Amendment 169 #

Jana TOOM

Motion for a resolution
Paragraph 25

25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’ right to complain through an effective information campaign, which should also be specifically aimed at vulnerable groups; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check;

Amendment 17 #

Motion for a resolution
Recital B a (new)

B a. whereas LGBTi and women migrants are particularly exposed to verbal, physical, and sexual violence, together with other human right violations, during their travels and at the borders, also by Frontex staff and Member State officials;

Amendment 170 #

Malin BJÖRK, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 25

25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’ right to complain through an effective and gender sensitive information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check;

Amendment 171 #

Javier NART

Motion for a resolution
Paragraph 25 a (new)

25 a. Considers that an individual complaint shall not have any suspensive effect on the operational activities of Frontex, as well as on its decisions on asylum or return;

Amendment 172 #

Motion for a resolution
Paragraph 25 a (new)

25 a. Calls on the individual complaint mechanism to ensure that the procedures comply with the UNHCR guidelines on gender-related persecutions;

Amendment 173 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 25 a (new)

25 a. Following Article 13 of the Frontex Code of Conduct for Joint Operations, international organisations and NGOs, as independent from the authorities enforcing returns, should be informed of the preparation of Joint Return Operation and allowed to monitor their application/implementation

Amendment 174 #

Malin BJÖRK, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 26

26. Takes note that an individual complaints mechanism should be ~~both~~ efficient ~~and~~, cost-effective and transparent and still in accordance with the principle of data protection; calls on Frontex to provide ~~the~~all necessary resources, including additional budget and staff, to the Fundamental Rights Office for ~~handl~~coordinating the complaints received;

Amendment 175 #

Motion for a resolution
Paragraph 26

26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on ~~Frontex to provide the necessary resources~~the Member States and the European Commission to provide Frontex with the necessary additional resources to be allocated to the Fundamental Rights Office for handling the complaints received;

Amendment 176 #

Motion for a resolution
Paragraph 26

26. Takes note that an individual complaints mechanism should be ~~both~~independent, efficient and cost-effective; ~~calls on Frontex to provide the necessary resources to the Fundamental Rights Office for handling the complaints received;~~

Amendment 177 #

Edouard MARTIN, Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Jude KIRTON-DARLING

Motion for a resolution
Paragraph 26

26. ~~Takes note that an individual complaints mechanism should be both efficient and cost-effective; c~~Calls on Frontex to provide the necessary resources to the Fundamental Rights Office for handling the complaints received;

Amendment 178 #

Miriam DALLI, Péter NIEDERMÜLLER, Miltiadis KYRKOS, Birgit SIPPEL

Motion for a resolution
Paragraph 26

26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to ~~provide the necessary resources to~~ensure that the Fundamental Rights Office ~~for~~is adequately equipped to handl~~ing~~e the complaints received;

Amendment 179 #

Bodil VALERO

Motion for a resolution
Paragraph 26

26. Takes note that an individual complaints mechanism should be ~~both efficient and cost-~~effective; calls on Frontex to provide the necessary resources toand additional staff in the Fundamental Rights Office ~~for handling~~devoted only to the complaints rmec~~eived~~hanism;

Amendment 18 #

Motion for a resolution
Recital B a (new)

B a. whereas under Article 5(a) of the Code of Conduct for All Persons Participating in Frontex Activities stresses that participants in Frontex activities shall, inter alia, promote the provision of information on rights and procedures to persons who are seeking international protection;

Amendment 180 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 26 a (new)

26 a. Considers the description of the tasks assigned to the Fundamental Rights Officer too limited and imprecise in its wording; notes that the tasks of the Fundamental Rights Officer are at the moment only described in the vacancy notice; suggests the inclusion of provisions on the tasks of the Fundamental Rights Officer in the forthcoming review of the Frontex Regulation;

Amendment 181 #

Motion for a resolution
Paragraph 26 a (new)

26 a. In order to improve Frontex's transparency, accountability and effectiveness and to allow the thorough investigation of individual complaints, the use of funds by Frontex should be regularly reported to the parliament and made public on their website

Amendment 182 #

Marina ALBIOL GUZMÁN, Malin BJÖRK, Kostadinka KUNEVA

Motion for a resolution
Paragraph 27

27. Welcomes the readiness of the European Ombudsman, and the members of the European Network of Ombudsmen with competence on fundamental rights ~~and the Frontex Consultative Forum~~ to support Frontex in setting up and implementing an individual complaints mechanism; ~~calls on Frontex to follow the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsman~~regrets Frontex and the competent political authorities' lack of will to make Frontex accountable and transparent;

Amendment 183 #

Motion for a resolution
Paragraph 27

27. Welcomes the readiness of the European Ombudsman, the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow where appropriate the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsman while keeping in mind that Frontex is an operational agency which differs in nature to the abovementioned bodies;

Amendment 184 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 28

Amendment 185 #

Motion for a resolution
Paragraph 28

28. Recommends that Frontex and the European Ombudsman establish close cooperation in order to improve the protection of individuals from possible acts of maladministration regarding the activities of Frontex, including when the Agency operates beyond the external borders of the European Union through working arrangements;

Amendment 186 #

Malin BJÖRK, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 28

28. Recommends that Frontex and the European Ombudsman establish close cooperation in order to improve the protection of individuals from possible acts of maladministration regarding the activities of Frontex; recommends that the EU Special Representative on Human Rights is informed of the human rights aspects of Frontex external cooperation;

Amendment 187 #

Miriam DALLI, Péter NIEDERMÜLLER

Motion for a resolution
Paragraph 28

28. Recommends that Frontex and the European Ombudsman establish close cooperation in order to improve the protection of individuals from possible acts of maladministration regarding the activities of Frontex; to safeguard both the fundamental rights of asylum seekers and returnees and to ensure that the European Union's border guard agency's reputation is upheld;

Amendment 188 #

Motion for a resolution
Paragraph 28 a (new)

28 a. Underlines the need for special protection and information of their to women, unaccompanied minors, transsexuals, elders, and all the particularly vulnerable collectives; stresses that this information shall be communicated in a way that is effectively understood;

Amendment 189 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 29

29. Calls on the Member States to cooperate efficiently with Frontex in order to ensure the smooth running of the complaints mechanism; encourages Frontex to provide technical assistance to the Member States in order to ensure the mechanism’s effectiveness;deleted

Amendment 19 #

Motion for a resolution
Recital B a (new)

B a. Whereas Article 9 of Regulation 863/2007 provides that team members responsible for carrying out monitoring and surveillance activities at the external borders must comply with Community law and the national law of the host Member State.

Amendment 190 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 30

30. ~~Recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation~~Considers that the Frontex legal framework should be urgently updated to cover the situations of de facto power of Frontex upon individuals; recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation; calls furthermore on the Commission to provide in the forthcoming review proposals for increased transparency and accountability regarding the spending of the Frontex budget;

Amendment 191 #

Miriam DALLI, Péter NIEDERMÜLLER, Christine REVAULT D'ALLONNES BONNEFOY, Birgit SIPPEL

Motion for a resolution
Paragraph 30

30. Rec~~ommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation;~~ alls that nothing prevents Frontex from introducing an individual complaints mechanism under the current Frontex Regulation; in any case recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation; stresses that an extension of the competences of Frontex must go hand in hand with an increased accountability of the agency, including a strengthened complaints mechanism;

Amendment 192 #

Christine REVAULT D'ALLONNES BONNEFOY, Miriam DALLI, Sylvie GUILLAUME

Motion for a resolution
Paragraph 29

29. Calls on the Member States and the partner countries which have concluded working arrangements with Frontex to cooperate efficiently with ~~Frontex~~the Agency in order to ensure the smooth running of the complaints mechanism; encourages Frontex to provide technical assistance to the Member States and the relevant third countries in order to ensure the mechanism’s effectiveness;

Amendment 193 #

Motion for a resolution
Paragraph 29

Amendment 194 #

Motion for a resolution
Paragraph 30

30. Recommends the ~~inclusion~~dismantling of pFro~~visions~~ntex in view onf the ~~individual complaints mechanism in the forthcoming review of the Frontex Regu~~persistent violation of fundamental rights; stresses that the mechanism proposed is not enough to end these violations;

Amendment 195 #

Motion for a resolution
Paragraph 30

30. ~~Recommends~~Calls for the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation;

Amendment 196 #

Miltiadis KYRKOS, Miriam DALLI

Motion for a resolution
Paragraph 30

30. Recalls that nothing prevents Frontex from introducing an individual complaints mechanism under the current Frontex Regulation; in any case recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation; in accordance with Article 263 TFEU;

Amendment 197 #

Motion for a resolution
Paragraph 30

30. Recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation; and that this aspect becomes part of the regular information by FRONTEX to the EP.

Amendment 198 #

Malin BJÖRK, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 30

30. Recommends the inclusion of provisions ~~on the~~for an independent individual complaints mechanism in the forthcoming review of the Frontex Regulation;

Amendment 199 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 30 a (new)

30 a. urges the International community to collaborate with EU in order to find solutions and offer assistance.

Amendment 2 #

Motion for a resolution
Citation 3

— having regard to the Charter of Fundamental Rights of the European Union, in particular Article 41 ~~thereof,~~(Right to good administration) and Article 47 (Right to an effective remedy and to a fair trial)

Amendment 20 #

Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Recital C

C. whereas in 2012 the European Ombudsman opened an own-initiative inquiry into the implementation by Frontex of its fundamental rights obligations which showed Frontex was failing to respect fundamental rights;

Amendment 200 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 31

31. Instructs its President to forward this resolution to the Council, the Commission ~~and the~~, national parliaments. and Frontex

Amendment 21 #

Malin BJÖRK, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Recital C a (new)

C a. whereas migrant women are especially exposed to violence, sexual abuse and other human rights violation during their travel and at the borders;

Amendment 22 #

Malin BJÖRK, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Recital C b (new)

C b. whereas no single Frontex operation has been suspended, in whole or in part, by Frontex Executive Director, despite various reports made to the Fundamental Rights Officer of human rights violations which have allegedly occurred during Frontex operations;

Amendment 23 #

Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Recital D

D. whereas the draft recommendations of the European Ombudsman, which were ignored by the relevant authorities, include implementing an individual complaints mechanism;

Amendment 24 #

Motion for a resolution
Recital G

G. whereas Frontex is tasked to ensure the efficient implementation of the common rules on standards and procedures for the control and surveillance of the external borders, by means of closer coordination of operational cooperation between Member States; whereas the current situation has overwhelmed the regulation of Frontex and has exposed the weakness of the current framework regarding the incapacity to react; whereas there is an urgent need to revise the regulation of Frontex and its' competences amplified in order to properly fulfil the task it has been given;

Amendment 25 #

Christine REVAULT D'ALLONNES BONNEFOY, Miriam DALLI, Sylvie GUILLAUME

Motion for a resolution
Recital G

Amendment 26 #

Edouard MARTIN, Miriam DALLI, Jude KIRTON-DARLING

Motion for a resolution
Recital G

G. whereas Frontex is tasked to ensure the efficient implementation of the common rules on standards and procedures for the control and surveillance of the external borders with respect to fundamental rights, by means of closer coordination of operational cooperation between Member States;

Amendment 27 #

Christine REVAULT D'ALLONNES BONNEFOY, Miriam DALLI, Edouard MARTIN, Sylvie GUILLAUME

Motion for a resolution
Recital G a (new)

G a. whereas Frontex also builds operational cooperation with countries outside the EU as an integral part of its mission, in key areas such as information exchange, risk analysis, training, research and development, joint operations (including joint return operations) and pilot projects;

Amendment 28 #

Marina ALBIOL GUZMÁN, Malin BJÖRK, Kostadinka KUNEVA

Motion for a resolution
Recital G a (new)

G a. whereas there are no objective grounds to militarize the surveillance of the external or internal borders of the EU;

Amendment 29 #

Christine REVAULT D'ALLONNES BONNEFOY, Edouard MARTIN, Sylvie GUILLAUME

Motion for a resolution
Recital G b (new)

G b. whereas, according to article 14.1 of the Frontex regulation, the Agency and the Member states shall comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries;

Amendment 3 #

Edouard MARTIN, Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Jude KIRTON-DARLING

Motion for a resolution
Citation 6 a (new)

- - Having regard to regulation (EU) of the European Parliament and of the Council of 25 October 2011 amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union

Amendment 30 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital G c (new)

G c. whereas Frontex's operational cooperation with the competent authorities of partner countries is conducted through working arrangements, which are not legally binding and fall outside the scope of international law, and whose practical implementation shall not be regarded as fulfilment of international obligations by Frontex and the European Union; considering this situation raises a legal uncertainty which can be seen as contradictory with Frontex's human rights obligations;

Amendment 31 #

Malin BJÖRK, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Recital H a (new)

H a. whereas in light of the increase of competences of Frontex since its establishment Frontex should be held accountable as a primary stakeholder in the border management process, including when allegations of fundamental rights are involved;

Amendment 32 #

Angelika MLINAR, Jana TOOM, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Recital H a (new)

H a. whereas all participants in activities coordinated by Frontex, shall comply with International Law, European Union Law, National Law of both home and lost Member States.

Amendment 33 #

Motion for a resolution
Recital I a (new)

I a. whereas according to Article 2a of the Frontex regulation the code of conduct is applicable to all persons participating in the activities of the Agency;

Amendment 34 #

Motion for a resolution
Recital K

K. whereas the use of different uniforms alongside the Frontex emblem during the Frontex operations could makes it difficult for individuals to identify under whose authority an officer falls and, ultimately, where to file a complaint - whether with Frontex or directly with the Member State concerned;

Amendment 35 #

Motion for a resolution
Recital K a (new)

K a. whereas using the Frontex emblem puts at stake the reputation of the EU towards migrants and ultimately engages the EU to the full respect of their fundamental rights;

Amendment 36 #

Motion for a resolution
Recital L

L. whereas under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States or their officials; whereas the principle of subsidiarity should be respected within a request to FRONTEX to set up a Follow-up mechanism for complaints within the Member States' responsibility;

Amendment 37 #

Angelika MLINAR, Jana TOOM, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Recital L a (new)

L a. whereas operational plans of Joint Operations of Frontex are legally binding and under article 3a (1) have to be agreed by Frontex Executive Director and the Host Member State, in consultation with the Member States participating;

Amendment 38 #

Motion for a resolution
Recital M

M. whereas Frontex has already established an incident reporting system which involves the Frontex operations ~~team~~division, the Frontex legal ~~team~~unit and the Frontex Fundamental Rights Officer, with the ultimate decision being taken by the Frontex Executive Director; whereas this system ~~only~~ involves internal complaints received from Frontex staff and guest officers, and consequently does not cater for direct complaints by individuals who claim a breach of their fundamental rights;

Amendment 39 #

Javier NART

Motion for a resolution
Recital M a (new)

M a. Considering that an individual complaint shall not have any suspensive effect on the operational activities of Frontex, as well as on its decisions on asylum or return;

Amendment 4 #

Motion for a resolution
Citation 7 a (new)

- having regard to the Communication COM(2015) 453 final, from the Commission to the European Parliament and to the Council, EU Action Plan on return;

Amendment 40 #

Motion for a resolution
Recital N

N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas it is noted that Frontex is an operational agency which differs in nature to the abovementioned bodies;

Amendment 41 #

Malin BJÖRK, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Recital N

N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas these mechanisms aim at addressing maladministration and do not deal with breaches of fundamental rights;

Amendment 42 #

Malin BJÖRK, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Recital N a (new)

N a. whereas an independent complaint mechanism outside of Frontex should be explored;

Amendment 43 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Recital N a (new)

N a. whereas the number of refugees who have arrived in Greece this year has topped half million.

Amendment 44 #

Motion for a resolution
Recital N a (new)

N a. Whereas, according to the Decision of the European Ombudsman closing her own-initiative inquiry OI/9/2014/MHZ only about half of JROs that have taken place so far have involved independent monitors physically present on board

Amendment 45 #

Miriam DALLI, Péter NIEDERMÜLLER, Sylvie GUILLAUME, Miltiadis KYRKOS, Christine REVAULT D'ALLONNES BONNEFOY, Edouard MARTIN

Motion for a resolution
Recital N a (new)

N a. whereas the European Commission has committed to an upcoming Frontex Review

Amendment 46 #

Malin BJÖRK, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Recital N b (new)

N b. whereas the development of a complaint mechanism must not be used as a justification for expanding Frontex mandate and activities;

Amendment 47 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Recital N b (new)

N b. whereas that in the last 20 years at least 20,000 people have died in the attempt to reach Europe's coast.

Amendment 48 #

Motion for a resolution
Recital N b (new)

N b. Whereas growing humanitarian and legal challenges at the EU's external borders are being presented as evidence of the imperfect implementation of a genuine EU approach; whereas this is rather the result of EU restrictive immigration policy which has had a negative impact on the rights of migrants, asylum seekers and refugees;

Amendment 49 #

Marina ALBIOL GUZMÁN, Malin BJÖRK, Kostadinka KUNEVA

Motion for a resolution
Subheading 1 a (new)

Stresses that to have a border policy which fully respects fundamental rights Frontex should be dismantled;

Amendment 5 #

Angelika MLINAR, Jana TOOM, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Citation 7 b (new)

- having regard to Frontex code of conduct for joint return operations coordinated by frontex;

Amendment 50 #

Motion for a resolution
Subheading 1 a (new)

1. Acknowledges and appreciates FRONTEX' extraordinary support of the Member States at the EU's external borders in coordinating the mass influx of migrants during the current migration crisis; welcomes the engagement of FRONTEX to further support the Member States by contributing to the newly installed hotspots and by better coordinating return decisions;

Amendment 51 #

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 1

1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’s efforts in taking on board the Ombudsman’s recommendations; acknowledges Frontex’s current fundamental rights safeguards in the form of, but not limited to, the setting-up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Officecondemns the fact that none of the recommendations have been implemented;

Amendment 52 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 1

1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’s efforts in taking on board the Ombudsman’s recommendations; acknowledges Frontex’s current actions to enhance respect for fundamental rights ~~safeguards~~ in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;

Amendment 53 #

Motion for a resolution
Paragraph 1

1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’'s efforts in taking on board 12 of the Ombudsman~~’s recommendations~~'s 13 recommendations and notes that Frontex did not categorically refuse to implement the recommendation on the complaints mechanism; acknowledges Frontex’'s current fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;

Amendment 54 #

Angelika MLINAR, Jana TOOM, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 1

1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’s initial efforts in taking on board the Ombudsman’s recommendations; acknowledges Frontex’s current fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;

Amendment 55 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 2

2. Supports the recommendation by the European Ombudsman that Frontex should deal with complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; ~~calls on Frontex to set up the complaints mechanism~~proposes for the Frontex administrative support mechanism to follow the European Ombudsman suggestions for good governance and transparency, especially when it comes to selection of personnel for the unit that deals with the complaints; calls on Frontex to set up this independently functioning complaints mechanism, staffed by specialized and well-trained personnel;

Amendment 56 #

Motion for a resolution
Paragraph 2

Amendment 57 #

Motion for a resolution
Paragraph 2

2. ~~Support~~Notes the recommendation by the European Ombudsman that Frontex should deal with individual, non-anonymous complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up an appropriathe complaints mechanism;

Amendment 58 #

Malin BJÖRK, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 2 a (new)

2 a. Expresses grave concerns at the legal vacuum that surrounds the deployment of third country officers during joint return operations as pointed out by the European Ombudsman's report and the lack of accountability which would thus prevail in the case of human rights violations involving third country officers;

Amendment 59 #

Heinz K. BECKER, Monika HOHLMEIER, József NAGY, Tomáš ZDECHOVSKÝ, Barbara MATERA, Artis PABRIKS, Elissavet VOZEMBERG-VRIONIDI

Motion for a resolution
Paragraph 2 a (new)

2 a. Underlines that an individual non- anonymous complaint should require, as a formal prerequisite, that the person who intends to issue the complaint is registered in the EURODAC system according to Regulation (EU) No 603/2013.

Amendment 6 #

Marina ALBIOL GUZMÁN, Malin BJÖRK, Kostadinka KUNEVA

Motion for a resolution
Citation 7 a (new)

- Having regard to Regulation (EU) No 656/2014 of the European Parliament and of the Council of May 2014 establishing rules for the surveillance of the external sea 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 Union,r joint return operations coordinated by frontex;

Amendment 60 #

Motion for a resolution
Paragraph 3

3. Believes that in view of the ~~ever- growing humanitarian and legal~~ challenges at the EU’s external borders~~, Frontex is in need of a mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its oper~~ created by the EU's agressive border policies based on their militarizations, ~~thus becoming a first-instance body for complaints~~Frontex should be dismantled;

Amendment 61 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 3

3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’s external borders, Frontex is in need of a mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its operations~~, thus becoming a first-instance body for complaints~~;

Amendment 62 #

Motion for a resolution
Paragraph 3

3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’s external borders and beyond, Frontex is in need of a mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its operations, also when cooperating with third countries outside the EU territory, thus becoming a first-instance body for complaints;

Amendment 63 #

Motion for a resolution
Paragraph 3

3. Believes that ~~in view of~~ the ever- growing humanitarian and legal challenges at the EU’'s external borders~~, Frontex is in need of~~ might require a mechanism that is capable of processing individual, non-anonymous complaints about alleged breaches of fundamental rights occurring in the course of its operations~~, thus becoming a first-instance body for complaints~~;

Amendment 64 #

Malin BJÖRK, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 3

3. Believes that ~~in view of the ever- growing humanitarian and legal challenges at the EU’s external borders,~~ Frontex is in need of an independent mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its operations, ~~thus becoming a first- instance body for complaints~~including the risk of refoulement and the risks involved in the processing of personal data;

Amendment 65 #

Miriam DALLI, Péter NIEDERMÜLLER, Birgit SIPPEL, Miltiadis KYRKOS

Motion for a resolution
Paragraph 3

3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’'s external borders, and the tripling in capacities and assets for the Frontex Joint Operations Triton and Poseidon for 2015 and 2016, Frontex is in need of a mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first-instance body for complaints;

Amendment 66 #

Christine REVAULT D'ALLONNES BONNEFOY, Edouard MARTIN, Sylvie GUILLAUME

Motion for a resolution
Paragraph 4

4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that would otherwise remain undetected, unreported and unresolved; stresses that this lack of transparency applies in particular in the case of Frontex's working arrangements, over which the European Parliament cannot exercise its democratic scrutiny, because it doesn't have to be consulted prior to the conclusion of these agreements and is not even informed about the way they are practically implemented;

Amendment 67 #

Malin BJÖRK, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 4

Amendment 68 #

Miriam DALLI, Miltiadis KYRKOS, Péter NIEDERMÜLLER

Motion for a resolution
Paragraph 4

4. Considers that the setting-up of a mechanism for individual complaints ~~would provide individual~~is needed in order to provide third country nationals or stateless persons with an opportunity to exercise their individual right to an effective remedy in case of violation of their fundamental rights; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that would otherwise remain undetected, unreported and unresolved;

Amendment 69 #

Motion for a resolution
Paragraph 4

4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an more effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that wcould otherwise remain undetected, unreported and unresolved;

Amendment 7 #

Motion for a resolution
Citation 8 a (new)

- having regard to the European Council Conclusions of 15 October 2015 in particular Point 2.(n)

Amendment 70 #

Edouard MARTIN, Miriam DALLI, Sylvie GUILLAUME, Jude KIRTON-DARLING

Motion for a resolution
Paragraph 4

4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an effective remedy; ~~suggest~~recognizes that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that would otherwise remain undetected, unreported and unresolved;

Amendment 71 #

Angelika MLINAR, Jana TOOM, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 4 a (new)

4 a. Considers that an annual Report from the Fundamental rights officer to the Frontex Consultative Forum and the Ombudsman will guarantee the transparency and the efficiency of the mechanism;

Amendment 72 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 5

5. Stresses that under the Frontex regulation there are no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-compliant with the principle of good administration and undermines the ~~effective~~ implementation of the Agency’s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’s role under EU law, in particular its participation in Migration Management Support Teams working in ‘hotspot’ areas, which has, up to date, not been effective;

Amendment 73 #

Motion for a resolution
Paragraph 5

5. Stresses that under the Frontex regulation there are no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-compliant with the principle of good administration and undermines the effective implementation of the Agency’s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’s role under EU law, in particular its participation in Migration Management Support Teams working in ‘hotspot’ areas and its operational cooperation with the competent authorities of partner countries through working arrangements;

Amendment 74 #

Monika HOHLMEIER, Csaba SÓGOR, Barbara MATERA, Alessandra MUSSOLINI, Salvatore Domenico POGLIESE, Tomáš ZDECHOVSKÝ, Elissavet VOZEMBERG-VRIONIDI, Kinga GÁL, Artis PABRIKS, Pál CSÁKY, Petri SARVAMAA, Rachida DATI, József NAGY, Heinz K. BECKER

Motion for a resolution
Paragraph 5

5. ~~Stress~~Notes that under the Frontex regulation there arppears to be no legal obstacles to the introduction of an individual complaints mechanism; notes that ~~the lack of~~ such a mechanism ~~is non-~~would be compliant with the principle of good administration and ~~undermines~~would add to the effective implementation of the Agency’'s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’'s role under EU law, in particular its participation in Migration Management Support Teams working in ‘'hotspot’' areas;

Amendment 75 #

Edouard MARTIN, Sylvie GUILLAUME, Jude KIRTON-DARLING

Motion for a resolution
Paragraph 5

5. Stresses that under the Frontex regulation there are no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-compliant with EU law and the principle of good administration and undermines the effective implementation of the Agency’s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’s role under EU law, in particular its participation in Migration Management Support Teams working in ‘hotspot’ areas;

Amendment 76 #

Motion for a resolution
Paragraph 5

5. Stresses that under the Frontex regulation there are no legal obstacles to the introduction of an individual complaints mechanism and that it even falls within the scope of Article 26a(3) of the Frontex Regulation, according to which the Fundamental Rights Officer shall contribute to the mechanism of the monitoring of fundamental rights; notes that the lack of such a mechanism is non- compliant with the principle of good administration and undermines the effective implementation of the Agency’'s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’'s role under EU law, in particular its participation in Migration Management Support Teams working in ‘'hotspot’' areas;

Amendment 77 #

Christine REVAULT D'ALLONNES BONNEFOY, Miriam DALLI, Edouard MARTIN, Sylvie GUILLAUME

Motion for a resolution
Paragraph 5 a (new)

5 a. Calls for the establishment of a transparent reporting mechanism on complaints that will collect data thus providing facts and figures which may be used to analyse trends and patterns;

Amendment 78 #

Motion for a resolution
Paragraph 6

6. Believes that the coordinating role of Frontex ~~should not limit its responsibility under international and EU law~~, which acts on behalf of the European Union, even when it operates beyond its external borders, should not limit its responsibility under international and EU law, in particular to ensure that migrants and asylum seekers' fundamental rights are respected and protected; recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;

Amendment 79 #

Motion for a resolution
Paragraph 6

6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law; recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights; recalls that EU Member States are also bund by the charter when implementing EU law;

Amendment 8 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Citation 9 a (new)

- having regard to 1951 Geneva UN Convention relating to the Status of Refugees and the 1967 New York Protocol relating to the Status of Refugees

Amendment 80 #

Motion for a resolution
Paragraph 6

6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law; recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights including the right of asylum stressed in article 18 of the Charter;

Amendment 81 #

Motion for a resolution
Paragraph 6

6. ~~Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law; r~~Recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;

Amendment 82 #

Motion for a resolution
Paragraph 6

6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law and should respect the national law of the host Member States whenever it applies more favourable standards for third country nationals and stateless individuals; recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;

Amendment 83 #

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 7

7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States ~~should~~must not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;

Amendment 84 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 7

7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States while remembering that the latter are using the Frontex emblem and operate under EU mandate;

Amendment 85 #

Motion for a resolution
Paragraph 7

7. Takes the view th~~ere is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable~~at the actions of those involved in Frontex operations should not only be attributable to Member States but also to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; believes that due consideration should therefore be given to the competences of Frontex, by delimiting unequivocally the scope of its accountability and ensuring that it assumes its responsibilities with respect to human rights in joint operations, and those of the EU Member States;

Amendment 86 #

Motion for a resolution
Paragraph 7

7. Takes the view there is a legitimate expectation ~~on the part of all~~ to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the ~~complex~~ legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a ~~central~~ point for individual complaints does not make Frontex responsible for every complaint received; stresses that under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States and their officials; believes that due consideration should ~~therefore~~ be given to the competences of Frontex and those of the EU Member States;

Amendment 87 #

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 8

8. Stresses the need for an official central structure within Frontex for the processing of individual complaints; recommends that a panel of independent experts is created to deal with the complaints that falls under the Agency's responsibility. Recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in ~~handling complaints; considers that, in particular, the office should~~this process by receiving, checking the formal admissibility ~~of complaints, filter them, pass them on to the authorities responsible, an~~and forward complaints to both the competent national authorities and the panel of independent experts mentioned above; considers that, in particular, the office of the Frontex Fundamental Rights Officer should follow up on them thoroughly;

Amendment 88 #

Motion for a resolution
Paragraph 8

8. ~~Stress~~Notes the need for an official ~~central~~ structure within Frontex for the processing of individual complaints; notes that such a mechanism can only be realised under the condition that Frontex is provided with the necessary staff and budgetary resources; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; recalls that Frontex can only cooperate with Member States on the follow-up of complaints falling under the Member States' authority, but does not have executive powers in the Member States and no authority to sanction Member States and their officials;

Amendment 89 #

Motion for a resolution
Paragraph 8

8. Stresses the need for an official central structure within Frontex for the processing of individual complaints; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should ~~check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly~~follow up in a way which makes the complaints public and the follow-up accountable for relevant NGOs, MEPs, and all European citizens without compromising the privacy of those making the complaint;

Amendment 9 #

Barbara SPINELLI, Marie-Christine VERGIAT, Kostas CHRYSOGONOS

Motion for a resolution
Citation 11 a (new)

- having regard to Frontex code of conduct for joint return operations coordinated by frontex;

Amendment 90 #

Malin BJÖRK, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 8

8. Stresses the need for ~~an official central structure within Frontex~~the establishment of an independent body for the processing of individual complaints; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in ~~handl~~receiving complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the ~~authorities~~independent body responsible, and follow up on them thoroughly;

Amendment 91 #

Motion for a resolution
Paragraph 8

8. Stresses the need for an official central ~~structure~~independently functioning mechanism within Frontex for the processing of individual complaints; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; believes that representatives of related international organizations, such as the UN High Commission for Refugees, as well as NGOs, should have an active participatory and advisory role in Frontex Fundamental Rights Office processing individuals complaints;

Amendment 92 #

Edouard MARTIN, Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME, Jude KIRTON-DARLING

Motion for a resolution
Paragraph 8

8. Stresses the need for an official central structure within Frontex for the processing of individual complaints; recommends that the office of the Frontex Fundamental Rights Officer should play a c~~rucial role in handling~~oordinating role in the individual complaints mechanism; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly;

Amendment 93 #

Motion for a resolution
Paragraph 8

Amendment 94 #

Marina ALBIOL GUZMÁN, Malin BJÖRK, Barbara SPINELLI, Kostadinka KUNEVA

Motion for a resolution
Paragraph 9

9. Welcomes the fact that Frontex has already set up a thorough procedure for handling internal reports by Frontex staff and guest officers on serious fundamental rights violations; points out that this procedure is already used for handling complaints by third parties not directly involved in a Frontex operation, and recommends building further on this procedure aiming at establishing a full and accessible individual complaints mechanism; emphasises that Frontex should ensure that theEmphasises that Frontex should ensure that the complaints mechanism respects the criteria of accessibility, independence, effectiveness and transparency;

Amendment 95 #

Motion for a resolution
Paragraph 9

9. Welcomes the fact that Frontex has already set up a thorough procedure for handling internal reports by Frontex staff and guest officers on serious fundamental rights violations; points out that this procedure is already used for handling complaints by third parties not directly involved in a Frontex operation, and recommends building further on this procedure aiming at establishing a full and accessible individual complaints mechanism; eEmphasises that Frontex should ensure that the mechanism respects the criteria of accessibility, independence, effectiveness ~~and~~, transparency, democratic control and accountability;

Amendment 96 #

Motion for a resolution
Paragraph 9

9. Welcomes the fact that Frontex has already set up a thorough procedure for handling internal reports by Frontex staff and guest officers on serious fundamental rights violations; stresses the need for the Frontex staff and guest officers dealing with the complaints to be experts specialized and well trained in human rights, refugee rights and migration policies; points out that this procedure is already used for handling complaints by third parties not directly involved in a Frontex operation, and recommends building further on this procedure aiming at establishing a full and accessible individual complaints mechanism; emphasises that Frontex should ensure that the mechanism respects the criteria of accessibility, independence, effectiveness and transparency;

Amendment 97 #

Malin BJÖRK, Barbara SPINELLI, Marie-Christine VERGIAT, Martina ANDERSON

Motion for a resolution
Paragraph 9 a (new)

9 a. Highlights that Frontex should inform Member States' authorities and officials which are part of Frontex operations about the right to lodge a complaint;

Amendment 98 #

Motion for a resolution
Paragraph 9 a (new)

9 a. Stresses that any complaint mechanism should cover the entire scope of Frontex activity including joint operations, pilot operations but also information exchange and cooperation with third countries;

Amendment 99 #