Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | FAJON Tanja ( S&D) | PEETERS Kris ( EPP), CHASTEL Olivier ( Renew), KUHNKE Alice ( Verts/ALE), KOFOD Peter ( ID), BRUDZIŃSKI Joachim Stanisław ( ECR), DALY Clare ( GUE/NGL) |
Former Responsible Committee | LIBE | FAJON Tanja ( S&D) | |
Former Committee Opinion | AFET | KUKAN Eduard ( PPE) | Doru-Claudian FRUNZULICĂ ( S&D), Marie-Christine VERGIAT ( GUE/NGL) |
Former Committee Opinion | BUDG | HOHLMEIER Monika ( PPE) | Nedzhmi ALI ( ALDE), Iris HOFFMANN ( S&D) |
Lead committee dossier:
Legal Basis:
TFEU 077-p2, TFEU 079-p2
Legal Basis:
TFEU 077-p2, TFEU 079-p2Events
The European Parliament adopted a legislative resolution approving the Council's position at first reading with a view to the adoption of the adoption of a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy.
The proposed Regulation establishes, as part of the Integrated Border Management Fund, the Instrument for Financial Support for border management and visa policy under Heading 4 (Migration and border management) of the Multiannual Financial Framework (MFF) 2021-2027.
This Regulation establishes the Fund jointly with Regulation (EU) 2021/1077 for the period from 1 January 2021 to 31 December 2027.
This Regulation lays down the policy objective of the Instrument, the specific objectives of the Instrument and measures to implement those specific objectives, the budget for the period from 1 January 2021 to 31 December 2027, the forms of Union funding and the rules for providing such funding.
Objectives of the Instrument
The overall objective of the Instrument is to ensure a strong and effective European integrated border management at the external borders , while safeguarding the free movement of persons and fundamental rights, thus contributing to a high level of security in the EU.
The instrument will contribute to the following specific objectives:
- to support an effective integrated European management of external borders to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively manage migration flows;
- support the common visa policy to ensure a harmonised approach between Member States in issuing visas and to facilitate legitimate travel while helping to prevent migration and security risks.
The assistance provided will be consistent with relevant EU actions, policies and priorities and complementary to assistance provided by other EU instruments. The actions financed will be implemented in strict compliance with the rights and principles enshrined in the Union acquis and the Charter , as well as the Union's international obligations in the field of fundamental rights, in particular by ensuring compliance with the principles of non-discrimination and non-refoulement .
Budget
The financial envelope for the implementation of the Instrument for the period from 1 January 2021 to 31 December 2027 is set at EUR 5 241 000 000 in current prices . An additional allocation of up to EUR 1 000 000 000 , in 2018 prices, will be made to the thematic facility in accordance with the programme-specific adjustment provided for in the regulation establishing the MFF 2021-2027.
The funds of the thematic facility will be dedicated to high added-value EU priorities or will be used to address urgent needs, in line with agreed EU priorities.
Multi-purpose equipment
The Council's position provides that assets purchased with a financial contribution from the instrument will remain available for use in other areas, including customs, maritime operations or to meet the objectives of the other two Home Affairs Funds (the AMIF and the ISF ), provided that they do not exceed 30% of the total period of use of that equipment.
Minimum level of expenditure for visa policy
The Regulation sets a binding percentage of at least 10% of Member States' programmes to cover expenditure under this specific objective. This binding percentage will not apply to the thematic facility. Member States may allocate less than the minimum percentage only if it provides a detailed explanation in its programme.
Actions in or concerning third countries
The instrument will be sufficiently flexible to carry out actions in line with its objective, both inside and outside the EU. These actions will have to be implemented in synergy and coherence with other actions outside the EU supported by other EU instruments.
Role of EU agencies
The expertise of the relevant EU agencies, in particular the European Border and Coast Guard Agency, the European Union Agency for the Operational Management of Large-scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and the European Union Agency for Fundamental Rights (FRA), will be taken into account, as far as their areas of competence are concerned, in the preparation of Member States' programmes.
These agencies may also be consulted by the Commission on actions included in the operating support for which the agencies have particular expertise and in relation to monitoring and evaluation tasks.
Actions eligible for higher co-financing rates
Certain actions considered as priorities will benefit from a higher co-financing rate. They include (i) immediate support to victims of trafficking in human beings, (ii) the development of integrated child protection systems at external borders, (iii) measures targeting the identification of vulnerable persons, their immediate assistance and referral to protection services, (iv) the operating costs of ETIAS, (v) measures to improve the quality of data stored in the information and communication systems in the area of visas and borders, as well as (vi) measures to improve the interoperability of ICT systems.
Operating support
The maximum percentage of operating support is set at 33% of the amount allocated to the programme. Costs related to training activities and real estate will be covered for both objectives (borders and visas).
Transfer of resources
A clause is introduced to allow for the possible transfer to the instrument, at the request of the Member States, of up to 5% of the initial allocation from one of the Common Provisions Regulation ( CPR ) funds under shared management. Specific pre-financing rates deviating from the CPR are set for the instrument.
Delegated and implementing acts
The Commission's work programmes will be adopted by means of implementing acts (review procedure) and Annex III (scope of support) will be amended by means of a delegated act.
The European Parliament adopted by 473 votes to 169 with 39 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing, within the framework of the Integrated Border Management Fund, the instrument for financial support in the field of border and visa management.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Subject matter
This Regulation establishes the instrument for financial support for border management and visa as part of the Integrated Border Management Fund (‘the Fund’) for the period from 1 January 2021 to 31 December 2027.
The instrument shall contribute to the achievement of the following specific objectives:
- supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect irregular immigration and cross-border crime and to effectively manage migratory flows;
- support the common visa policy in order to ensure a more harmonised approach between Member States on the issuing of visas, to facilitate legitimate travel and to mitigate security risks.
The instrument shall be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental rights, including as regards the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and in particular by ensuring compliance with the principle of non-refoulement, the principle of transparency, the principle of non-discrimination and the right to seek international protection.
The Commission and the Member States shall cooperate in the implementation of the instrument. The Commission shall set up a helpdesk and a contact point to provide support to Member States and contribute to the effective allocation of funds.
Funding
The financial envelope for the implementation of the instrument for the period 2021-2027 shall be EUR 7 087 760 000 in 2018 prices (EUR 8 018 000 000 in current prices) broken down as follows:
- EUR 4 252 833 000 in 2018 prices (EUR 4 811 000 000 in current prices) shall be allocated to the programmes implemented under shared management, of which EUR 138 962 000 in 2018 prices (EUR 157 200 000 in current prices) for the Special Transit Scheme
- EUR 2 834 927 000 in 2018 prices (EUR 3 207 000 000 in current prices) shall be allocated to the thematic facility for targeted support actions for Member States.
Co-financing rates
The contribution from the Union Budget shall not exceed 85% (as opposed to 75% as proposed by the Commission) of the total eligible expenditure of a project from Member States whose per capita gross national income ('GNI') is less than 90 % of that of the Union average and 75 % of the total eligible expenditure for other Member States.
Programmes
Each programme shall set out for each specific objective the types of intervention and an indicative breakdown of the programmed resources by type of intervention or area of support.
Before a Member State decides to implement projects with, in or in relation to a third country with the support of the instrument, it shall ensure that all actions proposed by, in or in relation to that third country comply with the international obligations of the Union and that Member State.
As soon as a Member State decides to initiate projects with, in or in relation to a third country under this instrument, the Member State shall inform the organisations which represent the partners at national level as well as the members of the Steering Board within 10 days.
Information, communication and publicity
The recipient of Union funding shall promote the actions and their results by providing coherent, effective and meaningful information to multiple relevant audiences, including media and the public in the relevant languages. To ensure the visibility of Union funding, recipients of Union funding shall refer to its origin when communicating on the action. To this end, recipients shall ensure that all communications to the media and the public, display the Union emblem, and explicitly mention the Union’s financial support.
The Commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility. It shall also publish the list of operations selected for support under the thematic facility on a publicly available website and shall update that list at least every three months.
Emergency assistance
The Commission may decide to provide, on an exceptional basis, financial assistance to address urgent and specific needs in the event of a duly justified emergency situation and as a last resort. These situations can result from an urgent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole Schengen area.
Where necessary for the implementation of the action, emergency assistance may cover expenditure which was incurred prior to the date of submission of the grant application or the request for assistance, but not prior to 1 January 2021.
Annual evaluation and performance reports
By 31 December 2024 at the latest, the Commission shall present a mid-term evaluation of the implementation of the Regulation and carry out a retrospective evaluation of the Regulation by 31 January 2030 at the latest.
By 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission the annual performance report. These reports shall be published on a dedicated website and forward them to the European Parliament and the Council.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Tanja FAJON (S&D, SI) on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa.
Subject matter
This Regulation seeks to establish the instrument for financial support for border management and visa as part of the Integrated Border Management Fund for the period from 1 January 2021 to 31 December 2027.
Objectives
As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring effective European integrated border management at the external borders while safeguarding the free movement of persons within it, in full compliance with the Union’s acquis and international obligations of the Union and its Member States arising from international instruments to which they are signatory.
The instrument shall contribute to the following specific objectives:
- supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect irregular immigration and cross-border crime and to effectively manage migratory flows;
- supporting the common visa policy to ensure a more harmonised approach among the Member States with regard to the issuance of visas and to facilitate legitimate travel and mitigate security risks.
General principles
The Commission and the Member States shall cooperate in the implementation of the instrument. The Commission shall set up a helpdesk and contact point to provide support to Member States and contribute to the effective allocation of funding.
Funding
The financial envelope for the implementation of the instrument for the period 2021-2027 shall be EUR 7 087 760 000 in 2018 prices (EUR 8 018 000 000 in current prices) broken down as follows: (i) EUR 4 252 833 000 in 2018 prices (EUR 4 811 000 000 in current prices) shall be allocated to the programmes implemented under shared management, of which EUR 138 962 000 in 2018 prices (EUR 157 200 000 in current prices) for the Special Transit Scheme, implemented under shared management; (ii) E UR 2 834 927 000 in 2018 prices (EUR 3 207 000 000 in current prices) shall be allocated to the thematic facility.
Co-financing rates
The contribution from the Union Budget shall not exceed 85% (as opposed to 75% as proposed by the Commission) of the total eligible expenditure of a project from Member States whose per capita gross national income ('GNI') is less than 90 % of that of the Union average and 75 % of the total eligible expenditure for other Member States.
Programmes
Each programme shall set out for each specific objective the types of intervention and an indicative breakdown of the programmed resources by type of intervention or area of support. As soon as a Member State decides to initiate projects with, in or in relation to a third country under this instrument, the Member State shall inform the organisations which represent the partners at national level as well as the members of the Steering Board within 10 days.
Information, communication and publicity
The recipients of Union funding shall promote the actions and their results, by providing coherent, effective and meaningful information to multiple relevant audiences, including media and the public in the relevant languages. To ensure the visibility of Union funding, recipients of Union funding shall refer to its origin when communicating on the action. To this end, recipients shall ensure that all communications to the media and the public display the Union emblem, and mention explicitly the Union’s financial support
The Commission shall implement information and communication actions relating to the implementation of this instrument, its actions and results. In particular, the Commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility. The Commission shall also publish the list of operations selected for support under the thematic facility on a publicly available website and shall update that list at least every three months.
Emergency assistance
The Commission may decide to provide, on an exceptional basis , financial assistance to address urgent and specific needs in the event of a duly justified emergency situation and as a last resort. These situations can result from an urgent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole Schengen area.
Where necessary for the implementation of the action, emergency assistance may cover expenditure which was incurred prior to the date of submission of the grant application or the request for assistance, but not prior to 1 January 2021.
Evaluation
By 31 December 2024, the Commission shall present a mid-term evaluation of the implementation of this Regulation in order to examine the effectiveness, efficiency, simplification and flexibility of the Fund. By 31 January 2030, the Commission shall carry out a retrospective evaluation.
Annual performance reports
By 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission the annual performance report. Once accepted, the Commission shall make summaries of annual performance reports available to the European Parliament and to the Council, and shall publish them on a dedicated website.
PURPOSE: to establish, as part of the integrated border management fund, the instrument for financial support for border management and visa for the period 2021-2027.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: effective protection of the EU's external borders is an essential precondition for managing migration flows and ensuring internal security. Strong external borders are also what allow the EU to maintain a Schengen area without internal border controls. Financial support from the Union budget is essential for the implementation of integrated European border management as implemented by the European Border and Coast Guard, set up by Regulation (EU) 2016/1624 of the European Parliament and of the Council.
In order to respond to increased migratory and security challenges, the Commission has proposed the establishment of a new integrated border management fund under the next multiannual financial framework for the period 2021-2027. This new fund aims to provide enhanced support to Member States with a view to securing the Union’s common external borders, with an envelope of EUR 9.31 billion (in current prices). A five-fold increase as compared to the current multiannual financial framework for the overall envelope for border management is foreseen for the next period.
Within that framework, the proposed integrated border management fund shall be composed of two instruments : an instrument for financial support for border management and visa and an instrument for financial support for customs control equipment.
This proposal concerns only the instrument for border management and visa. A separate proposal covering the instrument for customs control equipment is presented by the Commission in parallel.
CONTENT: the proposal for a Regulation - presented for a Union of 27 Member States - seeks to establish the instrument for financial support for border management and visa as part of the integrated border management fund. It lays down the objectives of the instrument, the budget for the period 2021-2027, the forms of Union funding and the rules for providing such funding.
Objective : the instrument shall ensure strong and effective European integrated border management at the external borders while safeguarding the free movement of persons within it, in full compliance with the Union’s commitments on fundamental rights, thereby contributing to guaranteeing a high level of security in the Union.
Its specific objectives are to:
support effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively manage migratory flows; support the common visa policy to facilitate legitimate travel and prevent migratory and security risks: the instrument shall contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and irregular migration risks, as well as facilitating visa procedures for bona fide travellers. In particular, the instrument shall deliver financial assistance to support digitalisation of visa processing with the objective to provide fast, secure and client-friendly visa procedures for the benefit of both visa applicants and consulates.
Priority shall be given to supporting actions with a European dimension.
Support to Member States : in addition to a basic amount of EUR 5 million that is envisaged to be allocated to Member States at the beginning of the programming period, the financial envelope foreseen for the programmes of Member States shall be allocated based on a distribution key that shall reflect the needs and pressure experienced by Member States in the two areas covered by this instrument (border management and visas).
Funding shall be distributed based on the following weighing: 30% for external land borders, 35% for external sea borders, 20% for airports and 15% for consular offices. A mid-term review shall take into account new or additional pressures.
The remaining 40 % of the overall financial envelope shall be managed through the thematic facility , which shall periodically provide funding for a number of priorities defined in Commission financing decisions.
The instrument shall furthermore maintain support for the functioning of the Special Transit Scheme implemented by Lithuania , in line with the EU’s obligations, compensating Lithuania for the transit visa fees it foregoes and additional costs it incurs as a result of the facilitated transit document (FTD) and facilitated rail transit document (FRTD) scheme, such as the costs of replacing and upgrading equipment and IT systems, and training and operational costs.
Proposed budget : the Commission’s proposal for the next multiannual financial framework includes EUR 8.01 billion (in current prices) for the instrument for border management and visa for the 2021-2027 period. Implementation shall be by means of shared, direct or indirect management. The global resources shall be allocated as follows:
EUR 4.81 billion (around 60%) for measures taken by Member States in border management and visa policy, including EUR 157.2 million for the special transit scheme applied by Lithuania; EUR 3.20 billion (40%) for the thematic facility for targeted support actions to Member States, projects with a European dimension and urgent needs.
Documents
- Final act published in Official Journal: Regulation 2021/1148
- Final act published in Official Journal: OJ L 251 15.07.2021, p. 0048
- Draft final act: 00057/2021/LEX
- Decision by Parliament, 2nd reading: T9-0344/2021
- Debate in Parliament: Debate in Parliament
- Committee recommendation tabled for plenary, 2nd reading: A9-0220/2021
- Committee recommendation tabled for plenary, 2nd reading: A9-0220/2021
- Committee draft report: PE693.650
- Commission communication on Council's position: COM(2021)0331
- Commission communication on Council's position: EUR-Lex
- Council position: 06487/2021
- Council position published: 06487/2/2021
- Commission response to text adopted in plenary: SP(2019)393
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0176/2019
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A8-0089/2019
- Contribution: COM(2018)0473
- Amendments tabled in committee: PE631.990
- Committee opinion: PE628.605
- Committee draft report: PE629.515
- Committee opinion: PE626.953
- Contribution: COM(2018)0473
- Economic and Social Committee: opinion, report: CES3636/2018
- Committee of the Regions: opinion: CDR4007/2018
- Contribution: COM(2018)0473
- Contribution: COM(2018)0473
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0347
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0348
- Legislative proposal published: COM(2018)0473
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2018)0347
- Document attached to the procedure: EUR-Lex SWD(2018)0348
- Committee of the Regions: opinion: CDR4007/2018
- Economic and Social Committee: opinion, report: CES3636/2018
- Committee opinion: PE626.953
- Committee draft report: PE629.515
- Committee opinion: PE628.605
- Amendments tabled in committee: PE631.990
- Commission response to text adopted in plenary: SP(2019)393
- Council position: 06487/2021
- Committee draft report: PE693.650
- Commission communication on Council's position: COM(2021)0331 EUR-Lex
- Committee recommendation tabled for plenary, 2nd reading: A9-0220/2021
- Draft final act: 00057/2021/LEX
- Contribution: COM(2018)0473
- Contribution: COM(2018)0473
- Contribution: COM(2018)0473
- Contribution: COM(2018)0473
Activities
- Eduard KUKAN
Plenary Speeches (1)
- Cécile Kashetu KYENGE
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Péter NIEDERMÜLLER
Plenary Speeches (1)
- Marie-Christine VERGIAT
Plenary Speeches (1)
- Jarosław WAŁĘSA
Plenary Speeches (1)
Votes
A8-0089/2019 - Tanja Fajon - Am 41 13/03/2019 12:34:02.000 #
A8-0089/2019 - Tanja Fajon - Am 146 13/03/2019 12:36:13.000 #
A8-0089/2019 - Tanja Fajon - Am 169 13/03/2019 12:36:48.000 #
A8-0089/2019 - Tanja Fajon - Am 186 13/03/2019 12:36:58.000 #
A8-0089/2019 - Tanja Fajon - Am 201 13/03/2019 12:37:12.000 #
A8-0089/2019 - Tanja Fajon - Vote: proposition de la Commission 13/03/2019 12:39:02.000 #
Fonds pour la gestion intégrée des frontières: instrument de soutien financier dans le domaine de la gestion des frontières et des visas 2021-2027 - Integrated Border Management Fund: Instrument for Financial Support for Border Management and Visa Policy 2021-2027 - Fonds für integrierte Grenzverwaltung: Instrument für finanzielle Hilfe im Bereich Grenzverwaltung und Visumpolitik 2021–2027 - A9-0220/2021 - Tanja Fajon - Am 1 #
Amendments | Dossier |
477 |
2018/0249(COD)
2018/10/11
BUDG
39 amendments...
Amendment 15 #
Proposal for a regulation Recital 9 a (new) (9 a) The European Parliament reiterated in its resolution of 14 March 2018 on "the next MFF: Preparing the Parliament’s position on the MFF post- 2020" that a stronger and a more ambitious Europe can only be achieved if it is provided with reinforced financial means and called, therefore, for providing continuous support to existing policies, for increasing resources to the Union’ flagship programmes, and for additional responsibilities to be matched with additional financial means.
Amendment 16 #
Proposal for a regulation Recital 10 (10) To promote the implementation of the European integrated border management defined by its components in accordance with Article 4 of Regulation (EU) 2016/1624: border control, search and rescue during border surveillance, risk analysis, cooperation between Member States (supported and coordinated by the European Border and Coast Guard Agency), inter-agency cooperation (including the regular exchange of information), cooperation with third countries, technical and operational measures within the Schengen area related to border control and designed to address i
Amendment 17 #
Proposal for a regulation Recital 10 (10) To promote the implementation of the European integrated border management defined by its components in accordance with Article 4 of Regulation (EU) 2016/1624: border control, search and rescue during border surveillance, risk analysis, cooperation between Member States (supported and coordinated by the European Border and Coast Guard Agency), inter-agency cooperation (including the regular exchange of information) and cooperation with EU's external action such as civilian crisis management, cooperation with third countries, technical and operational measures within the Schengen area related to border control and designed to address illegal immigration and to counter cross- border crime better, use of state-of-the-art technology, quality control and solidarity mechanisms, and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support.
Amendment 18 #
Proposal for a regulation Recital 17 (17) To ensure a uniform and high- quality external border control and to facilitate legitimate travel across the external borders, the instrument should contribute to the development of European integrated border management that includes all the measures involving policy, law, systematic cooperation, burden- sharing, assessment of the situation and changing circumstances regarding crossing points for irregular migrants, personnel, equipment and technology taken at different levels by the competent authorities of the Member States and by the European Border and Coast Guard Agency, acting in cooperation with other actors such as third countries and other EU bodies, in particular the European Agency for the operational management of large- scale IT systems in the area of freedom, security and justice (eu-LISA), Europol, EU's crisis management, and international organisations.
Amendment 19 #
Proposal for a regulation Recital 20 Amendment 20 #
Proposal for a regulation Recital 22 Amendment 21 #
Proposal for a regulation Recital 29 (29) To acknowledge the important role of the Member States’ customs authorities at the external borders and to ensure that they have at their disposal sufficient means to implement their broad scope of tasks at these borders, the instrument for financial support for customs control equipment established by Regulation (EU) No …/… [new Customs Control Equipment Fund] of the European Parliament and of the Council should provide these national authorities with the necessary funding to invest in equipment to carry out customs
Amendment 22 #
Proposal for a regulation Recital 30 (30) Most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation, such as provisions on border management, visa or police cooperation. The Integrated Border Management Fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment. On the one hand, the instrument for border management and visa established by this Regulation will exclude equipment that can be used for both border management and customs control. On the other hand, the instrument for customs control equipment will
Amendment 23 #
Proposal for a regulation Recital 33 (33) To strengthen the complementarity and to reinforce the consistency of maritime activities as well as to avoid duplication of efforts and to alleviate budgetary constraints in an area of costly activities such as the maritime domain, the instrument should support maritime operations of multipurpose character where the main objective is
Amendment 24 #
Proposal for a regulation Recital 34 (34) Measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union's external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question. In relation to the external dimension, the instrument should target support to enhance cooperation with third countries, including through participation in civilian crisis management, and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the Union’s migration policy and Union’s security objectives.
Amendment 25 #
Proposal for a regulation Recital 38 (38) This Regulation should establish the initial amounts for Member States’ programmes calculated on the basis of criteria laid down in Annex I, which reflect the length and the threat levels based on recent and historical data at land and sea border sections, the workload at the airports and the consulates as well as the number of consulates.
Amendment 26 #
Proposal for a regulation Recital 43 (43) Part of the available resources under the instrument could also be allocated to Member States’ programmes for the implementation of specific actions in addition to their initial allocation. These specific actions should be identified at Union level and should concern actions which require cooperative effort or actions necessary to address developments in the Union or participation in its external action such as civilian crisis management, which require additional funding to be made available to one or more Member States, such as the purchase through the national programmes of Member States of technical equipment needed by the European Border and Coast Guard Agency to perform its operational activities, the modernisation of the processing of visa applications, the development of new large-scale IT systems and the setting-up of interoperability between those systems. These specific actions will be defined by the Commission in its work programmes.
Amendment 27 #
Proposal for a regulation Recital 46 Amendment 28 #
Proposal for a regulation Recital 57 (57) Reflecting the
Amendment 29 #
Proposal for a regulation Recital 57 a (new) (57 a) According to the European Parliament resolutions of 14 March and 30 May 2018 on the 2021-2027 Multiannual Financial Framework, the present regulation should contribute to the EU commitment to be a frontrunner in implementing the UN Sustainable Development Goals (SDGs) and in the elimination of discrimination, which is vital to fulfil the EU’s commitments towards an inclusive Europe. When implementing the present regulation the Commission should give a special attention to gender mainstreaming and gender equality.
Amendment 30 #
Proposal for a regulation Article 3 – paragraph 2 – point a (a) supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect i
Amendment 31 #
Proposal for a regulation Article 3 – paragraph 3 3. Within the specific objectives set out in paragraph 2, the instrument shall be implemented inter alia through the implementation measures listed in Annex II.
Amendment 32 #
Proposal for a regulation Article 4 – paragraph 1 1. Within the objectives referred to in Article 3 and, where appropriate, in line with the implementation measures listed in Annex II, the instrument shall in particular support the actions listed in Annex III.
Amendment 33 #
Proposal for a regulation Article 5 – paragraph 1 – point a – point ii Amendment 34 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 35 #
Proposal for a regulation Article 5 – paragraph 4 4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states
Amendment 36 #
Proposal for a regulation Article 7 – paragraph 1 1. The financial envelope for the implementation of the instrument for the period 2021-2027 shall be EUR
Amendment 37 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) EUR
Amendment 38 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) EUR
Amendment 39 #
Proposal for a regulation Article 7 – paragraph 4 a (new) 4 a. The reference amount specified in the present legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the regulation on the Multiannual Financial Framework.
Amendment 40 #
Proposal for a regulation Article 11 – paragraph 5 5. The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for emergency assistance including participation through civilian crisis management.
Amendment 41 #
Proposal for a regulation Article 11 – paragraph 7 a (new) 7 a. The contribution from the Union budget to the technical assistance at the initiative of the Member States may amount to 100% of the total eligible expenditure.
Amendment 42 #
Proposal for a regulation Article 12 – paragraph 1 1. Each Member State shall ensure that the priorities addressed in its programme are consistent with and respond to the Union priorities and challenges in the area of border management and visa, and that they are fully in line with the relevant Union acquis and agreed Union priorities.
Amendment 43 #
Proposal for a regulation Article 12 – paragraph 3 3.
Amendment 44 #
Proposal for a regulation Article 12 – paragraph 10 10. Whenever a Member State decides to implement projects with or in a third country with the support of the instrument, including participation in civilian crisis management, the Member State concerned shall consult the Commission prior to the start of the project.
Amendment 45 #
Proposal for a regulation Article 12 – paragraph 11 11. Whenever a Member State decides to implement actions with or in a third country with the support of the instrument relating to monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating i
Amendment 46 #
Proposal for a regulation Article 12 – paragraph 12 – point c (c) Member States may decide to purchase
Amendment 47 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1 a. Member States may decide to purchase equipment or develop ICT- systems for multi-purpose use provided that these items and systems when operated by the relevant national authorities are in a majority used for the actions which fall under the scope of the Fund or instrument. The costs of these actions maybe included in full to the Fund or instrument.
Amendment 48 #
Proposal for a regulation Annex I – point 7 – introductory part 7. For the purposes of the initial allocation of funding, the assessment of the workload shall be based on the latest average figures covering the preceding 36 months and historical data available on the date of the applicability of this Regulation. For the purposes of the mid- term review, the assessment of the workload shall be based on the latest a
Amendment 49 #
Proposal for a regulation Annex I – point 11 – introductory part 11. For the purposes of the initial allocation, the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months and historical data on the date of the applicability of this Regulation. For the purposes of the mid- term review, the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest a
Amendment 50 #
Proposal for a regulation Annex II – point 1 – point c (c) enhancing inter-agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border, and at EU level between the Member States, or between the Member States, on the one hand, and the relevant Union bodies, offices and agencies, including external action and activities or third countries, on the other;
Amendment 51 #
Proposal for a regulation Annex III – point 1 – point c (c) training in the field of or contributing to the development of European integrated border management, also for civilian crisis management purposes, taking into account operational needs and risk analysis and in full compliance with fundamental rights;
Amendment 52 #
Proposal for a regulation Annex III – point 1 – point d (d) secondment of joint liaison officers to those third countries that respect human rights, as defined in Regulation (EU) No …/ … [new ILO Regulation]69 and secondment of border guards and other relevant experts to Member States or from a Member State to a third country, reinforcement of cooperation and operational capacity of networks of experts or liaison officers, as well as exchange of best practices and boosting the capacity of European networks to assess, promote, support and develop Union policies; _________________ 69 OJ L […], […]. p.
Amendment 53 #
Proposal for a regulation Annex IV – point 9 a (new) (9 a) Measures which aim at improving the interoperability of IT systems and communication networks.
source: 628.601
2018/11/16
AFET
156 amendments...
Amendment 10 #
Proposal for a regulation Recital 9 (9) Financial support from the Union budget is indispensable to the implementation of European integrated border management to support Member States to achieve the objectives of the program, which are largely in their responsibility ,in managing the crossing of the external borders efficiently and in addressing migratory challenges and potential future threats at those borders, thereby contributing to addressing serious crime with a cross-border dimension while acting in full respect of fundamental rights.
Amendment 100 #
Proposal for a regulation Article 22 – paragraph 1 1. The recipients of Union funding shall acknowledge the origin and ensure the visibility, transparency and traceability of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 101 #
Proposal for a regulation Article 22 – paragraph 2 2. The Commission shall implement information and communication actions relating to this instrument, and its actions and results. In particular, the Commission, with the cooperation of the Member States, shall publish information on the development of the annual and multiannual programmes under the thematic facility. The Commission shall publish the list of operations, projects and contracts selected to receive support, shall make that list accessible to the public on its website in the official language of the country concerned and shall update the list at least once every three months. Financial resources allocated to this instrument shall also contribute to the corporate communication on the political priorities of the Union, as far as they are related to the objectives of this Regulation. In particular, the Commission may promote best practices and exchange information concerning the use of funds.
Amendment 102 #
Proposal for a regulation Article 22 – paragraph 2 a (new) 2a. It shall be for the Member States to forward to the Commission information on the development of shared- management programmes, so that the information in question can then be published on its website. The data referred to in paragraphs 2 and 3 shall be published in open, machine-readable formats, in accordance with Article 5(1) of Directive 2003/98/EC of the European Parliament and of the Council, which authorises the sorting, searching, extraction, comparison and re-use of data. It must be possible to sort data by priority, specific objective, total cost of eligible operations, total cost of projects, total cost of contract-award procedures, name of beneficiary and name of contractor.
Amendment 103 #
Proposal for a regulation Article 23 – paragraph 1 1. The instrument shall provide, on an exceptional basis, financial assistance to address urgent and specific needs in the event of an emergency situation
Amendment 104 #
Proposal for a regulation Article 23 – paragraph 2 2. Emergency assistance may take the form of grants awarded directly to
Amendment 105 #
Proposal for a regulation Article 23 – paragraph 3 3. Emergency assistance may be allocated to Member States’ programmes in addition to their allocation calculated in accordance with Article 10(1), provided that it is consequently earmarked as such in the programme. This funding shall not be used for other actions in the
Amendment 106 #
Proposal for a regulation Article 23 – paragraph 4 4. Grants implemented under direct management shall be awarded and managed in accordance with [Title VIII] of the Financial Regulation. The emergency assistance must be provided in a manner entirely consistent with the Union acquis and with the Union's and the Member States' obligations under the international instruments to which they are signatories.
Amendment 107 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1a. Member States may decide to purchase equipment or develop ICT- systems for multi-purpose use provided that these items and systems when operated by the relevant national authorities are in a majority used for the actions which fall under the scope of the Fund or instrument. The costs of these actions may be included in full to the Fund or instrument.
Amendment 108 #
1. In compliance with its reporting requirements pursuant to Article 43(3)(h)(i)(iii) of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on performance in accordance with Annex V. Contributions from other Union programmes to the measures under this instrument shall be acknowledged as such in the national programmes and the annual performance reports.
Amendment 109 #
Proposal for a regulation Article 25 – paragraph 3 3. The indicators to report on progress of the instrument towards the achievement of the objectives of this Regulation are set out in Annex VIII. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative. For resources covered by shared management arrangements, the common indicators shall be used in accordance with Articles 12(1), 17 and 37 of Regulation (EU) No …/… [CPR]. The Commission must consult competent bodies and experts on the development or adjustment of the indicators.
Amendment 11 #
Proposal for a regulation Recital 10 (10) To promote the implementation of the European integrated border management defined by its components in accordance with Article 4 of Regulation (EU) 2016/1624: border control, search and rescue during border surveillance, risk analysis, cooperation between Member States (supported and coordinated by the European Border and Coast Guard Agency), inter-agency cooperation (including the regular exchange of information), cooperation with third countries, technical and operational
Amendment 110 #
Proposal for a regulation Article 25 – paragraph 4 a (new) 4a. Monitoring and reporting in accordance with Title IV of Regulation (EU) No …/… [CPR] shall be based on the types of intervention set out in Tables 1, 2 and 3 in Annex VI. To address unforeseen or new circumstances or to ensure the effective implementation of the funding, the Commission shall be empowered to adopt delegated acts to amend Annex VI, in accordance with Article 29.
Amendment 111 #
Proposal for a regulation Article 25 – paragraph 5 a (new) 5a. The Commission shall pay particular attention to the monitoring of measures and programmes involving third countries, in accordance with Article 5.
Amendment 112 #
Proposal for a regulation Article 26 – paragraph 1 1. The Commission shall carry out a mid-term and a retrospective evaluation of
Amendment 113 #
Proposal for a regulation Article 26 – paragraph 2 2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the provisions of Article 14 and the timeline set out Article 40 of Regulation (EU) No …/… [CPR].
Amendment 114 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. The Commission shall pay particular attention to evaluating measures and programmes involving third countries, in accordance with Articles 5 and 25(6) of this Regulation, and to the favourable conditions referred to in Article 11 of the regulation laying down common provisions as regards the provisions of Article 3(4).
Amendment 115 #
Proposal for a regulation Article 26 – paragraph 2 b (new) 2b. Following the mid-term review and the retrospective evaluation, the Commission shall submit to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions: (a) by June 2024, an interim evaluation report on the implementation of this Regulation. That interim evaluation report shall include an assessment of the mid-term review carried out in accordance with this Regulation and the [Regulation laying down common provisions]; (b) no later than 30 June 2027, an ex post evaluation report on the impact of this Regulation and the Specific Regulations following the completion of the national programmes. The European Parliament shall invite the Commission to take part in a structured dialogue on the mid-term review and the ex post evaluation.
Amendment 116 #
Proposal for a regulation Article 27 – paragraph 1 Amendment 117 #
Proposal for a regulation Article 27 – paragraph 2 – point c (c) any action concerning third countries, the respect of fundamental and human rights, the complementarity between the actions supported by the instrument and support provided by other Union Funds, in particular those in or in relation to third countries;
Amendment 118 #
Proposal for a regulation Article 27 – paragraph 2 – point f (f) the fulfilment of
Amendment 119 #
Proposal for a regulation Article 30 – paragraph 1 1. The Commission shall be assisted by a Coordination Committee for the Asylum and Migration Fund, the Internal Security Fund and the instrument for border management and visa. The committee shall satisfy itself that this Regulation is being properly applied and shall, in particular, monitor measures taken to ensure that the human rights of the recipients of funds are being upheld and compliance with the transparency requirement which applies to the Commission and the Member States. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 12 #
Proposal for a regulation Recital 10 (10) To promote the implementation of the European integrated border management defined by its components in accordance with Article 4 of Regulation (EU) 2016/1624: border control, search and rescue during border surveillance, risk analysis, cooperation between Member States (supported and coordinated by the European Border and Coast Guard Agency), inter-agency cooperation (including the regular exchange of information),
Amendment 120 #
Proposal for a regulation Annex I – point 7 – introductory part 7. For the purposes of the initial allocation of funding, the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available on the date of the applicability of this Regulation. For the purposes of the mid-term review, the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available at the time of the mid-term review in 2024. The assessment of the workload shall be based on
Amendment 121 #
Proposal for a regulation Annex I – point 7 – point a Amendment 122 #
Proposal for a regulation Annex I – point 7 – point b Amendment 123 #
Proposal for a regulation Annex I – point 7 – point c Amendment 124 #
Proposal for a regulation Annex I – point 8 – introductory part 8. The reference figures for the number of consular offices as referred to in paragraph 5(a) shall be calculated according to the information contained in Annex 28 of Commission Decision C(2010) 1620 of 19 March 2010 establishing the Handbook for the processing of visa applications and the modifications of issued visas. That figure shall be reduced to zero if the Member State fails to provide information in two consecutive years.
Amendment 125 #
Proposal for a regulation Annex I – point 9 – point d (d) Where Member States have not provided the statistics concerned, the latest available data for those Member States shall be used. Where there is no data available for a Member State, the reference figure shall be zero. That figure shall also be reduced to zero if the Member State fails to provide information in two consecutive years.
Amendment 126 #
Proposal for a regulation Annex I – point 10 10. The European Border and Coast Guard Agency shall provide the Commission with a report on the breakdown of resources as regards external land borders, external sea borders and airports, as referred to in paragraph 1(c). The Commission shall make the report available to the public.
Amendment 127 #
Proposal for a regulation Annex I – point 11 – introductory part 11. For the purposes of the initial allocation, the report referred to in paragraph 10 shall identify the
Amendment 128 #
Proposal for a regulation Annex II – point 1 – point a – point i (i) reinforcing the capacities for carrying out checks and surveillance at the external borders, including measures to prevent and detect cross-border crime,
Amendment 129 #
Proposal for a regulation Annex II – point 1 – point a – point i i. reinforcing the capacities for carrying out checks and surveillance at the external borders,
Amendment 13 #
Proposal for a regulation Recital 10 (10) To promote the implementation of the European integrated border management defined by its components in accordance with Article 4 of Regulation (EU) 2016/1624: border control, search and rescue during border surveillance, risk analysis, cooperation between Member States (supported and coordinated by the European Border and Coast Guard Agency), inter-agency cooperation (including the regular exchange of information), cooperation with third countries, technical and operational measures within the Schengen area related to border control and designed to address illegal immigration and to counter cross- border crime better, use of state-of-the-art technology, quality control and solidarity mechanisms, and to ensure that it becomes an operational reality, Member States should be provided with real, adequate and substantial Union financial support in line with their own needs.
Amendment 130 #
Proposal for a regulation Annex II – point 1 – point a – point ii (ii) supporting search and rescue
Amendment 131 #
Proposal for a regulation Annex II – point 1 – point a – point v v. supporting, within the scope of this Regulation, Member States facing
Amendment 132 #
Proposal for a regulation Annex II – point 1 – point b Amendment 133 #
Proposal for a regulation Annex II – point 1 – point e Amendment 134 #
Proposal for a regulation Annex II – point 2 – point d Amendment 135 #
Proposal for a regulation Annex III – point 1 – point a (a) infrastructures, buildings, systems and services required at border crossing points,
Amendment 136 #
Proposal for a regulation Annex III – point 1 – point b (b) operating equipment, including means of transport, and communication systems required for effective and secure border control while guaranteeing that fundamental rights are upheld, in accordance with standards developed by the European Border and Coast Guard Agency, where such standards exist;
Amendment 137 #
Proposal for a regulation Annex III – point 1 – point c (c) training in the field of or contributing to the development of European integrated border management, taking into account operational needs and risk analysis and
Amendment 138 #
Proposal for a regulation Annex III – point 1 – point e (e) studies, pilot projects and other relevant actions aiming to implement or develop European integrated border management, including measures aiming at the development of the European Border and Coast Guard, such as common capacity-building, joint procurement, establishment of common standards and other measures streamlining the cooperation and coordination between the European Border and Coast Guard Agency and Member States, with a special focus on upholding fundamental rights;
Amendment 139 #
Proposal for a regulation Annex III – point 1 – point f (f) actions developing innovative methods or deploying new technologies with a potential for transferability to other Member States, in particular deploying the results of security research projects where such deployment has been identified by the European Border and Coast Guard Agency, acting under Article 37 of Regulation (EU) 2016/1624, as contributing to the development of operational capabilities of the European Border and Coast Guard. These innovative methods and new technologies shall be used in a manner fully consistent with fundamental rights and the right to the protection of personal data;
Amendment 14 #
Proposal for a regulation Recital 11 (11) As customs authorities of the Member States have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external borders, ensuring uniformity in carrying out border control and customs control at the external borders needs to be addressed by providing adequate Union financial support to the Member States. This will not only strengthen customs controls, in order both to combat all forms of trafficking, not least goods trafficking at borders, and to combat terrorism, but also facilitate legitimate trade, contributing to a secure and efficient customs union.
Amendment 140 #
Proposal for a regulation Annex III – point 1 – point g (g) preparatory, monitoring, administrative and technical activities, required to implement external border policies, including to strengthen the governance of the Schengen area by developing and implementing the evaluation mechanism as established by Regulation (EU) No 1053/2013 to verify the application of the Schengen acquis and the Schengen Borders Code, including mission expenditure for experts of the Commission and the Member States participating in on-site visits
Amendment 141 #
Proposal for a regulation Annex III – point 1 – point h (h) identification,
Amendment 142 #
Proposal for a regulation Annex III – point 1 – point h a (new) (ha) the exchange of best practices to evaluate, promote, support and develop further the Union's policies and objectives, in particular as regards the protection of fundamental rights in the context of the various components of border control in particular as regards the identification, the provision of immediate assistance to and the referral to protection services of vulnerable persons, in particular women, children and unaccompanied minors;
Amendment 143 #
Proposal for a regulation Annex III – point 2 – point a (a) infrastructures and buildings required for the processing of visa applications and consular cooperation, including security measures, as well as other actions aimed at improving the quality of service for visa applicants, including as regards the upholding of fundamental rights;
Amendment 144 #
Proposal for a regulation Annex III – point 2 – point d (d) the exchange of best practices and experts, including the secondment of experts, as well as boosting the capacity of European networks, to assess, promote, support and further develop Union policies and objectives, as regards the protection of fundamental rights in the context of the various components of border control, in particular as regards the identification, the provision of immediate assistance to and the referral to protection services of vulnerable persons, in particular women, children and unaccompanied minors;
Amendment 145 #
Proposal for a regulation Annex III – point 3 Amendment 146 #
Proposal for a regulation Annex IV – point 2 Amendment 147 #
Proposal for a regulation Annex IV – point 3 Amendment 148 #
Proposal for a regulation Annex IV – point 6 Amendment 149 #
Proposal for a regulation Annex IV – point 7 Amendment 15 #
Proposal for a regulation Recital 11 (11) As customs authorities of the Member States have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border, ensuring uniformity in carrying out border control and customs control at the external borders needs to be addressed by providing real, adequate and substantial Union financial support to the Member States. This will not only strengthen customs controls but also facilitate legitimate trade, contributing to a secure and efficient customs union.
Amendment 150 #
Proposal for a regulation Annex IV a (new) Measures which aim at improving the interoperability of IT systems and communication networks.
Amendment 151 #
Proposal for a regulation Annex V – point a – introductory part (a) Specific objective 1: supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent
Amendment 152 #
Proposal for a regulation Annex V – point a – introductory part (a) Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard
Amendment 153 #
Proposal for a regulation Annex V – point a – introductory part (a) Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively
Amendment 154 #
Proposal for a regulation Annex V – point a – point 1 Amendment 155 #
Proposal for a regulation Annex VII – point a – point 3 (3) service costs
Amendment 156 #
Proposal for a regulation Annex VIII – point a – introductory part (a) Specific objective 1: supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent
Amendment 157 #
Proposal for a regulation Annex VIII – point a – introductory part (a) Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively
Amendment 158 #
Proposal for a regulation Annex VIII – point a – point 7 – introductory part (7) Number of IT functionalities developed, implemented, maintained or upgraded with the support of the instrument
Amendment 159 #
Proposal for a regulation Annex VIII – point b – point 3 – introductory part (3) Number of IT functionalities developed, implemented, maintained or upgraded with the support of the instrument
Amendment 16 #
Proposal for a regulation Recital 15 (15) The instrument should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental rights; furthermore, it must be implemented in full compliance with the principles of transparency and traceability.
Amendment 17 #
Proposal for a regulation Recital 15 (15) The instrument should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental rights and the principle of non-refoulement.
Amendment 18 #
Proposal for a regulation Recital 15 a (new) (15a) Member States should, in particular, ensure full respect for the right to the protection of personal data, as set out in Article 16 TFEU, and the right to private and family life, as set out in Article 7, the right to asylum, as set out in Article 18, and the rights of the child, as set out in Article 24 of that Charter.
Amendment 19 #
Proposal for a regulation Recital 15 b (new) (15b) Member States are mindful of their obligations under international law, in particular the UN Convention Relating to the Status of Refugees, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the 1966 New York International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the 1951 Geneva Convention and the 1967 New York Protocol, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on Maritime Search and Rescue, and other relevant international instruments.
Amendment 20 #
Proposal for a regulation Recital 15 c (new) (15c) Those obligations apply equally to third countries with which Member States and the Union work. If a third country contravenes any of the above texts, the Member States undertake to cease all cooperation with that third country.
Amendment 21 #
Proposal for a regulation Recital 15 d (new) (15d) This Regulation establishes a mechanism for evaluating and monitoring the human rights impact of projects financed by the instrument, whereby funding granted to a Member State or a third country may be suspended when a breach has been found to occur.
Amendment 22 #
Proposal for a regulation Recital 17 (17) To ensure
Amendment 23 #
Proposal for a regulation Recital 17 (17) To ensure a uniform and high- quality external border control and to facilitate legitimate travel across the external borders, the instrument should contribute to the development of
Amendment 24 #
Proposal for a regulation Recital 17 (17) To ensure a uniform and high- quality external border control and to facilitate legitimate travel across the external borders, the instrument should contribute to the development of more rigorous European integrated border management that includes all the measures involving policy, law, systematic cooperation, burden-
Amendment 25 #
Proposal for a regulation Recital 18 (18) The instrument should contribute to the improvement of the efficiency of visa processing
Amendment 26 #
Proposal for a regulation Recital 20 Amendment 27 #
Proposal for a regulation Recital 21 (21) The instrument should complement and reinforce the activities to implement European integrated border management in line with
Amendment 28 #
Proposal for a regulation Recital 21 (21) The instrument should complement and reinforce the activities to implement European integrated border management in line with shared responsibility and solidarity between the Member States and the European Border and Coast Guard Agency representing the two pillars of the European Border and Coast Guard. This means, in particular, that, when drawing up their programmes, Member States should take into account the analytical tools and operational and technical guidelines developed by the European Border and Coast Guard Agency as well as the training curricula developed by it, such as the common core curricula for the training of border guards, including its components with regard to fundamental rights and access to international protection. In order to develop complementarity between its mission and the responsibilities of the Member States for the control of the external borders as well as to ensure consistency and to avoid cost inefficiency, the Commission should consult the European Border and Coast Guard Agency on the draft national programmes submitted by the Member States in as far as it falls within the Agency’s competencies, in particular on the activities financed under operating support, as well as consulting FRA with a view to ensuring compliance with the principles of proportionality and necessity, taking into account the likelihood of breaches of fundamental rights, including where the protection of personal data and the right to privacy are concerned.
Amendment 29 #
Proposal for a regulation Recital 22 Amendment 30 #
Proposal for a regulation Recital 22 Amendment 31 #
Proposal for a regulation Recital 33 (33) To strengthen the complementarity and to reinforce the consistency of maritime activities as well as to avoid duplication of efforts and to alleviate budgetary constraints in an area of costly activities such as the maritime domain, the instrument should support maritime operations of multi-purpose character where the main objective is border surveillance
Amendment 32 #
Proposal for a regulation Recital 33 (33) To strengthen the complementarity and to reinforce the consistency of
Amendment 33 #
Proposal for a regulation Recital 34 Amendment 34 #
Proposal for a regulation Recital 34 (34) Measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union's external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question, and fundamental rights should be fully respected. In relation to the external dimension, the instrument should adopt a long-term approach and target support to enhance cooperation with third countries
Amendment 35 #
Proposal for a regulation Recital 34 (34) Measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the Union supported
Amendment 36 #
Proposal for a regulation Recital 34 (34) Measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Unionʼs external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question. In relation to the external dimension, the instrument should target support to enhance cooperation with third countries and to reinforce key aspects
Amendment 37 #
Proposal for a regulation Recital 36 (36) A Member State may be deemed not to be compliant with the relevant Union acquis, including as regards the use of operating support under this instrument, if it has failed to fulfil its obligations under the Treaties in the areas of border management and visas, if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on border management and visa
Amendment 38 #
Proposal for a regulation Recital 37 (37) The instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this Regulation. In order to meet the requirements in terms of transparency of funding , the Commission, with the cooperation of the Member States, should publish information on the development of the annual and multiannual programmes under the thematic facility. Member States should be obliged to share all information in their possession on the development of programmes under shared management. That information should be centralised by the Commission and published on a single portal.
Amendment 39 #
Proposal for a regulation Recital 40 (40) As challenges in the area of border management and visas are constantly evolving there is a need to adapt the allocation of funding to the changes in migration
Amendment 4 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 77(2) and 79(2)(d) and 80 thereof
Amendment 40 #
Proposal for a regulation Recital 43 (43) Part of the available resources under the instrument could also be allocated to Member States’ programmes for the implementation of specific actions in addition to their initial allocation. These specific actions should be identified at Union level and should concern actions which require cooperative effort among Member States or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States, such as the purchase through the national programmes of Member States of technical equipment needed by the European Border and Coast Guard Agency to perform its operational activities, the modernisation of the processing of visa applications, the development of new large-scale IT systems and the setting-up of interoperability between those systems. These specific actions will be defined by the Commission in its work programmes.
Amendment 41 #
Proposal for a regulation Recital 45 (45) In order to strengthen the Union’s capacity to immediately address
Amendment 42 #
Proposal for a regulation Recital 45 (45) In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionate migratory pressure, in particular at those border sections where the impact level has been
Amendment 43 #
Proposal for a regulation Recital 46 Amendment 44 #
Proposal for a regulation Article 3 – paragraph 1 1. As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring
Amendment 45 #
Proposal for a regulation Article 3 – paragraph 1 1. As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring strong and effective European integrated border management at the external borders while safeguarding the free movement of persons
Amendment 46 #
Proposal for a regulation Article 3 – paragraph 2 – point a (a) supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard
Amendment 47 #
Proposal for a regulation Article 3 – paragraph 2 – point a (a) supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a
Amendment 48 #
Proposal for a regulation Article 3 – paragraph 2 – point a (a) supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively
Amendment 49 #
Proposal for a regulation Article 3 – paragraph 2 – point a (a) supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a
Amendment 5 #
Proposal for a regulation Recital 1 (1)
Amendment 50 #
Proposal for a regulation Article 3 – paragraph 2 – point b (b) supporting the common visa policy to facilitate legitimate travel
Amendment 51 #
Proposal for a regulation Article 3 – paragraph 3 3. Within the specific objectives set out in paragraph 2, the instrument shall be implemented inter alia through the implementation measures listed in Annex II.
Amendment 52 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3a. Actions funded under the instrument shall be implemented in full compliance with fundamental rights and human dignity. In particular, actions shall comply with the Charter of Fundamental Rights of the European Union, Union data protection law, the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the principle of fair treatment of third-country nationals, the right to asylum and international protection, the principle of non-refoulement, and the international obligations of the Union and the Member States by virtue of their accession to international instruments such as the Geneva Convention of 28 July 1951 Relating to the Status of Refugees, as supplemented by the New York Protocol of 31 January 1967.
Amendment 53 #
Proposal for a regulation Article 3 – paragraph 3 b (new) 3b. When implementing actions funded under the instrument which are related to sea border surveillance, Member States shall pay special heed to their obligations under international maritime law to assist persons in distress. Equipment and systems supported under the instrument may be used in such search and rescue situations as might arise during a sea border surveillance operation, thereby helping to ensure protection and rescue at sea.
Amendment 54 #
Proposal for a regulation Article 4 – paragraph 1 1. Within the objectives referred to in Article 3 and, where appropriate, in line with the implementation measures listed in Annex II, the instrument shall in particular support the actions listed in Annex III.
Amendment 55 #
Proposal for a regulation Article 4 – paragraph 2 2. To achieve the objectives of this Regulation, the instrument may
Amendment 56 #
Amendment 57 #
Proposal for a regulation Article 4 – paragraph 3 – point b Amendment 58 #
Proposal for a regulation Article 5 – paragraph 1 – point a – point ii Amendment 59 #
Proposal for a regulation Article 5 – paragraph 1 – point a – point ii (ii) third country listed in the work programme under the conditions specified therein and under the conditions set out in Article 5a.
Amendment 6 #
Proposal for a regulation Recital 2 (2) Pursuant to Article 80 TFEU, these policies and their implementation should be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between
Amendment 60 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 61 #
Proposal for a regulation Article 5 – paragraph 4 4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states
Amendment 62 #
Proposal for a regulation Article 5 – paragraph 4 4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states or in third countries, are eligible. Where the legal entities participating in a consortium are established in a third country, Article 6(3) shall apply.
Amendment 63 #
Proposal for a regulation Article 5 a (new) Article 5a Exceptionally, the Fund shall be open to third countries in accordance with the conditions laid down in a specific agreement, which should be made public, provided that the agreement: – states why, for every action, the participation of a third country is necessary in order to achieve the aims and why the participation of a third country brings added value to the objectives of this Regulation; – ensures a fair balance in terms of the contributions of, and the benefits to, the third country participating in the Fund; – lays down the conditions of participation in the Fund, including the calculation of financial contributions to the Fund and the related administrative costs. Those contributions shall constitute assigned revenue in accordance with Article [21(5)] of the Financial Regulation; – does not confer decision-making power on the third country concerning the Fund; guarantees the Union’s right to ensure sound financial management and protect its financial interests; – ensures that Article 3 of this Regulation will be fully complied with by establishing a mechanism for evaluating and monitoring the impact of funded projects in terms of human rights. Actions shall be eligible under this instrument only if they are carried out with third countries which respect human rights within their territory and at their borders.
Amendment 64 #
Proposal for a regulation Article 6 – paragraph 2 2. The Commission, the European Parliament, and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union instruments.
Amendment 65 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) EUR
Amendment 66 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) EUR
Amendment 67 #
Proposal for a regulation Article 8 – paragraph 2 2. Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II. When drawing up work programmes, the Commission shall consult the organisations representing the partners at Union level, including civil society, in accordance with Article 6(4) of the Common Provisions Regulation. A reasonable minimum percentage of funding shall be earmarked for civil society organisations and local authorities under each specific objective.
Amendment 68 #
Proposal for a regulation Article 8 – paragraph 5 5. The Commission, after consulting the European Parliament, shall establish the overall amount made available for the thematic facility under the annual appropriations of the Union budget.
Amendment 69 #
Proposal for a regulation Article 8 – paragraph 6 6. The Commission, after consulting the European Parliament, shall adopt financing decisions as referred to in Article 110 of the Financial Regulation for the thematic facility, identifying the objectives and the actions to be supported and specifying the amounts for each of its components, as referred to in paragraph 1. Financing decisions shall set out, where applicable, the overall amount reserved for
Amendment 7 #
Proposal for a regulation Recital 4 (4) The objective of the Union’s policy in the field of external border management is to develop and implement
Amendment 70 #
Proposal for a regulation Article 8 – paragraph 7 7. Following the adoption of a financing decision as referred to in paragraph 3, the Commission, after consulting the European Parliament, may amend the programmes implemented under shared management accordingly.
Amendment 71 #
Proposal for a regulation Article 9 – paragraph 1 1. This section applies to the part of the financial envelope referred to in Article 7(2)(a), and the additional resources to be implemented under shared management according to the Commission decision, adopted after consultation of the European Parliament, for the thematic facility referred to in Article 8.
Amendment 72 #
Proposal for a regulation Article 10 – paragraph 1 – point a (a) EUR
Amendment 73 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) EUR
Amendment 74 #
Proposal for a regulation Article 11 – paragraph 2 2. The contribution from the Union budget may be increased to
Amendment 75 #
Proposal for a regulation Article 11 – paragraph 3 3. The contribution from the Union budget may be increased to
Amendment 76 #
Proposal for a regulation Article 11 a (new) Article 11a The contribution from the Union budget to the technical assistance at the initiative of the Member States may amount to 100% of the total eligible expenditure.
Amendment 77 #
Proposal for a regulation Article 12 – paragraph 1 1. Each Member State shall ensure that the priorities addressed in its programme are consistent with and respond to the Union priorities and challenges in the area of border management and visa, and that they are fully in line with the relevant Union acquis and agreed Union
Amendment 78 #
Proposal for a regulation Article 12 – paragraph 1 1. Each Member State shall ensure that the priorities addressed in its programme are consistent with and respond to the Union priorities and challenges in the area of border management and visas, and that they are fully in line with the relevant Union acquis and agreed Union priorities, as well as with the international obligations of the Union and the Member States under the international instruments to which they are signatories. In defining the priorities of their programmes, Member States shall ensure that the
Amendment 79 #
Proposal for a regulation Article 12 – paragraph 2 2. The Commission and the European Parliament shall ensure that the European Border and Coast Guard Agency and, where appropriate, eu-LISA
Amendment 8 #
Proposal for a regulation Recital 5 (5) European integrated border management, as implemented by the European Border and Coast Guard,
Amendment 80 #
Proposal for a regulation Article 12 – paragraph 3 3. The Commission and the European Parliament shall consult the European Border and Coast Guard Agency on the draft programmes with a specific emphasis on the activities included under operating support in line with Article 3(2)(a) to ensure consistency and complementarity of the actions of the Agency and those of the Member States regarding border management as well as to avoid double financing and to achieve cost efficiency.
Amendment 81 #
Proposal for a regulation Article 12 – paragraph 3 3.
Amendment 82 #
Proposal for a regulation Article 12 – paragraph 4 4. The Commission and the European Parliament may associate the European Border and Coast Guard Agency, and, where appropriate, eu-LISA, with monitoring and evaluation tasks as referred to in Section 5, in particular
Amendment 83 #
Proposal for a regulation Article 12 – paragraph 5 5. Following the adoption of recommendations within the scope of this Regulation in accordance with Regulation (EU) No 1053/2013, and the recommendations issued in the framework of carrying out vulnerability assessments in accordance with Regulation (EU) 2016/1624, the Member State
Amendment 84 #
Proposal for a regulation Article 12 – paragraph 8 8. Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 5. Depending on the impact of the adjustment, the revised programme may be approved by the Commission after consulting the European Parliament.
Amendment 85 #
Proposal for a regulation Article 12 – paragraph 10 10. Whenever a Member State decides to implement projects with or in a third country with the support of the instrument, the Member State concerned shall consult the Commission prior to the start of the project
Amendment 86 #
Proposal for a regulation Article 12 – paragraph 11 11. Whenever a Member State decides to implement actions with or in a third country with the support of the instrument relating to monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating
Amendment 87 #
Proposal for a regulation Article 12 – paragraph 11 11. Whenever a Member State decides to implement actions with or in a third country with the support of the instrument relating to monitoring, detection, identification, tracking, prevention and interception of unauthorised border
Amendment 88 #
Proposal for a regulation Article 12 – paragraph 12 – introductory part 12. As regards operating equipment, including means of transport, and communication systems required for effective and secure border control, and for search and rescue operations, purchased with the support of this instrument, the following shall apply:
Amendment 89 #
Proposal for a regulation Article 12 – paragraph 12 – point c (c) Member States may decide to purchase
Amendment 9 #
Proposal for a regulation Recital 9 (9) Financial support from the Union budget is indispensable to the implementation of European integrated border management to support Member States in managing the crossing of the external borders efficiently and in addressing
Amendment 90 #
Proposal for a regulation Article 12 – paragraph 12 – point c (c) Member States may decide to purchase items for multi-purpose maritime operations supported by the instrument, provided that these items when operated by the relevant national authorities are involved in border surveillance operations at least 60% of the total period of use for national purposes within a year. Time given over to search and rescue operations at sea shall not be taken into account. These items shall be registered at the technical equipment pool of the European Border and Coast Guard Agency
Amendment 91 #
13. Training in the field of border management carried out with the support of this instrument shall be based on the relevant harmonised and quality-assured European education and common training standards for border and coast guarding, taking particularly into account human rights issues and international conventions on those subjects.
Amendment 92 #
Proposal for a regulation Article 12 – paragraph 13 13. Training in the field of border management carried out with the support of this instrument shall be based on the relevant harmonised and quality-assured European education and common training standards for border and coast guarding as well as for fundamental and human rights respect and protection.
Amendment 93 #
Proposal for a regulation Article 13 – paragraph 1 Amendment 94 #
Proposal for a regulation Article 13 – paragraph 2 2. If at least
Amendment 95 #
Proposal for a regulation Article 13 – paragraph 3 3. The allocation of the funds from the thematic facility as from 2025 shall, where appropriate, take into account the progress made in achieving the milestones of the performance framework as referred to in Article 12 of Regulation (EU) No …/…
Amendment 96 #
Proposal for a regulation Article 15 – paragraph 3 3. Member States using operating support shall comply with the Union acquis
Amendment 97 #
Proposal for a regulation Article 15 – paragraph 4 4. Member States shall justify in the programme and in the annual performance reports as referred to in Article 27 the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall, after consulting Parliament and following a consultation of the European Border and Coast Guard Agency as regards the Agency’s competencies in accordance with Article 12(3), assess the
Amendment 98 #
Proposal for a regulation Article 16 – paragraph 1 Amendment 99 #
Proposal for a regulation Article 20 – paragraph 1 The instrument may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission, following consultation of Parliament. Those measures may be financed at the rate of 100 %.
source: 630.428
2018/12/12
LIBE
282 amendments...
Amendment 123 #
Proposal for a regulation Recital 1 (1) In the context of evolving migratory challenges in the European Union, as well as security concerns, preserving the careful balance between free movement of persons on the one hand, and security on the other is of utmost importance. The Union’s objective of ensuring a high level of security within an area of freedom, security and justice pursuant to Article 67(3) of the Treaty on the Functioning of the Union (TFEU) should be achieved, among others, through common measures on the crossing of internal borders by persons and on border controls at external borders
Amendment 124 #
Proposal for a regulation Recital 1 (1) In the context of
Amendment 125 #
Proposal for a regulation Recital 2 (2) Pursuant to Article 80 TFEU, these policies and their implementation should be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. These principles should never prevail over the sovereignty of the Member States, in particular their right to determine the volumes of admission of third-country nationals in accordance with Article 79 TFEU.
Amendment 126 #
Proposal for a regulation Recital 3 a (new) (3a) Actions funded under this Instrument should be implemented in full compliance with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the principle of fair treatment of third- country nationals, the right to asylum and international protection, the principle of non-refoulement and the international obligations of the Union and Member States arising from international instruments to which they are signatory such as the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967. Special attention should also be given to the identification, immediate assistance and referral to protection services of vulnerable persons, in particular children and unaccompanied minors.
Amendment 127 #
Proposal for a regulation Recital 5 (5) European integrated border management, as implemented by the European Border and Coast Guard, established by Regulation (EU) 2016/1624 of the European Parliament and of the Council13, composed of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks,
Amendment 128 #
Proposal for a regulation Recital 5 (5) European integrated border management, as implemented by the European Border and Coast Guard, established by Regulation (EU) 2016/1624 of the European Parliament and of the Council13, composed of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks, is necessary for improving migration management and security and preventing acts of terrorism and cross-border crime. _________________ 13 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
Amendment 129 #
Proposal for a regulation Recital 6 (6) Facilitating legitimate travel, while preventing i
Amendment 130 #
Proposal for a regulation Recital 7 (7) The European Council of 15 December 201615 called for continued delivery on the interoperability of EU information systems and databases in order to increase security and reduce cross- border crime. The European Council of 23 June 201716 underlined the need to improve interoperability between databases, and on 12 December 2017 the Commission adopted a proposal for a Regulation on establishing a framework for interoperability between EU information systems17 . _________________
Amendment 131 #
Proposal for a regulation Recital 8 (8)
Amendment 132 #
Proposal for a regulation Recital 8 (8) To reinforce security of EU's external borders and to preserve the integrity of the Schengen area
Amendment 133 #
Proposal for a regulation Recital 8 (8) To preserve the integrity of the Schengen area and to strengthen its functioning, Member States have, since 6 April 2017, been obliged to carry out systematic checks against relevant databases on EU citizens who are crossing the EU’s external borders. Furthermore, the Commission issued a Recommendation to Member States to make better use of police checks and cross-border cooperation in order to prevent the growth of acts of terrorism and irregular migration.
Amendment 134 #
Proposal for a regulation Recital 8 a (new) (8a) The Commission has also issued Recommendation (EU) 2017/1804 to Member States to make better use of police checks and cross-border cooperation. Notwithstanding this recommendation, a number of Member States continue to maintain internal border controls, which run the risk of undermining the basic principle of the Schengen Area.
Amendment 135 #
Proposal for a regulation Recital 9 (9) Financial support from the Union budget is indispensable to the implementation of European integrated border management to support Member States in managing the crossing of the external borders efficiently and in addressing
Amendment 136 #
Proposal for a regulation Recital 10 (10) To promote the implementation of the European integrated border management defined by its components in accordance with Article 4 of Regulation (EU) 2016/1624: border control, search and rescue during border surveillance, risk analysis, cooperation between Member States (supported and coordinated by the European Border and Coast Guard Agency), inter-agency cooperation (including the regular exchange of information) throughout the EU, cooperation with third countries, technical and operational measures within the Schengen area related to border control and designed to address illegal immigration and to counter cross-
Amendment 137 #
Proposal for a regulation Recital 10 (10) To promote the implementation of the European integrated border management defined by its components in accordance with Article 4 of Regulation (EU) 2016/1624: border control, search and rescue during border surveillance, risk analysis, cooperation between Member States (supported and coordinated by the European Border and Coast Guard Agency), inter-agency cooperation (including the regular exchange of information), cooperation with third countries, technical and operational measures within the Schengen area related
Amendment 138 #
Proposal for a regulation Recital 11 (11) As customs authorities of the Member States have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border,
Amendment 139 #
Proposal for a regulation Recital 11 (11) As customs authorities of the Member States have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border, ensuring
Amendment 140 #
Proposal for a regulation Recital 11 a (new) (11a) In order to strengthen customs controls and facilitate lawful trade, there is a need for suitable funding and to implement the Customs cooperation programme.
Amendment 141 #
Proposal for a regulation Recital 15 a (new) (15a) Member States should, in particular, ensure full respect for the right to the protection of personal data as set out in Article 16 TFEU, and the right to a private and family life as set out in Article 7, the right to asylum as set out in Article 18, and the rights of the child as set out in Article 24 of that Charter.
Amendment 142 #
Proposal for a regulation Recital 15 b (new) (15b) Member States are mindful of their obligations under international law, in particular the UN Convention Relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, the 1966 New York International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the 1951 Geneva Convention and the 1967 New York Protocol, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on Maritime Search and Rescue, and other relevant international instruments.
Amendment 143 #
Proposal for a regulation Recital 15 c (new) (15c) Those obligations apply equally to third countries with which the Member States and the Union work. If a third country contravenes any of the aforementioned texts, the Member States undertake to cease all cooperation with that third country.
Amendment 144 #
Proposal for a regulation Recital 15 d (new) (15d) This Regulation establishes a mechanism for evaluating and monitoring the human rights impact of projects financed by the instrument, whereby funding granted to a Member State or a third country may be suspended when a breach has been found to occur.
Amendment 145 #
Proposal for a regulation Recital 17 (17) To ensure a uniform and high- quality external border control and to
Amendment 146 #
Proposal for a regulation Recital 17 (17) To ensure a uniform and high- quality external border control and to facilitate legitimate travel across the external borders, the instrument should contribute to the development of European integrated border management that includes all the measures involving policy, law, systematic cooperation, burden- sharing, assessment of the situation and changing circumstances regarding crossing points for irregular migrants, personnel, equipment and technology taken at different levels by the competent authorities of the Member States and by the European Border and Coast Guard Agency, acting in cooperation with other actors
Amendment 147 #
Proposal for a regulation Recital 18 (18) The instrument should contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and i
Amendment 148 #
Proposal for a regulation Recital 18 (18) The instrument should contribute to the improvement of the efficiency of visa processing in
Amendment 149 #
Proposal for a regulation Recital 18 (18) The instrument should contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and irregular migration risks, as well as facilitating visa procedures for bona fide travellers. In particular, the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast, secure and client-friendly visa procedures for the benefit of both visa applicants and consulates. The instrument should also serve to ensure wide consular coverage across the world. The uniform implementation of the common visa policy and its modernisation should also be covered by the instrument, while humanitarian visas should also be taken into consideration.
Amendment 150 #
Proposal for a regulation Recital 19 (19) The instrument should support measures linked to border control in the territory of the Schengen countries
Amendment 151 #
Proposal for a regulation Recital 20 (20) With a view to improving the management of the external borders, to facilitating legitimate travel, to contribut
Amendment 152 #
Proposal for a regulation Recital 20 (20) With a view to improving the management of the external borders, to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom, security and justice of the Union, the instrument should support the development of existing large-scale
Amendment 153 #
Proposal for a regulation Recital 20 (20) With a view to improving the management of the external borders, to contribute to preventing and combating irregular migration and the unlawful crossing of borders and to contribute to a high level of security within the area of freedom, security and justice of the Union, the instrument should support the development of large-scale IT systems, based on existing or new IT systems. It should also support the setting-up of interoperability between those EU information systems (Entry-exit system (EES)23, the Visa Information System (VIS)24, the European Travel Information and Authorisation System (ETIAS)25,
Amendment 154 #
Proposal for a regulation Recital 20 (20) With a view to improving the management of the external borders, to contribute to preventing and combating i
Amendment 155 #
Proposal for a regulation Recital 21 Amendment 156 #
Proposal for a regulation Recital 22 Amendment 157 #
Proposal for a regulation Recital 22 (22) The instrument should support the implementation of the hotspot approach as outlined in the Commission’s Communication on A European Agenda on Migration and endorsed by the European Council of 25 and 26 June 201530 . The hotspot approach provides operational support to Member States affected by disproportionate migratory pressure at the Union’s external borders.
Amendment 158 #
Proposal for a regulation Recital 22 (22) The instrument should support the implementation of the hotspot approach as outlined in the Commission’s Communication on A European Agenda on Migration and endorsed by the European Council of 25 and 26 June 201530 . The hotspot approach provides operational support to Member States affected by disproportionate migratory pressure at the Union’s external borders. It offers integrated, comprehensive and targeted assistance
Amendment 159 #
Proposal for a regulation Recital 22 (22) The instrument should support the implementation of the hotspot approach as outlined in the Commission’s Communication on A European Agenda on Migration and endorsed by the European Council of 25 and 26 June 201530 . The hotspot approach provides operational support to Member States affected by
Amendment 160 #
Proposal for a regulation Recital 23 (23) In the interest of solidarity in the Schengen area a
Amendment 161 #
Proposal for a regulation Recital 26 (26) To contribute to the achievement of the policy objective of the instrument, Member States should ensure that their programmes address the specific objectives of the instrument, that the priorities chosen are in line with the agreed EU priorities and the implementing measures as set out in Annex II and that the allocation of resources between objectives and actions is proportionate to the challenges and needs they are faced with. In that regard, it is important to achieve a transparent distribution of resources among the specific objectives of this instrument.
Amendment 162 #
Proposal for a regulation Recital 26 (26) To contribute to the achievement of the policy objective of the instrument, Member States should ensure that their programmes address the specific objectives of the instrument, that the priorities chosen are in line with the agreed EU priorities and the implementing measures as set out in Annex II and that the allocation of suitable resources between objectives and actions is proportionate to the challenges and needs they are faced with.
Amendment 163 #
Proposal for a regulation Recital 31 a (new) (31a) When implementing actions funded under the Instrument which are related to maritime border surveillance, Member States shall pay special attention to their obligations under international maritime law to render assistance to persons in distress. In that regard, equipment and systems supported under the Instrument shall be used to address search and rescue situations which may arise during a border surveillance operation at sea, thereby contributing to ensuring the protection and saving the lives of migrants.
Amendment 164 #
Proposal for a regulation Recital 32 Amendment 165 #
Proposal for a regulation Recital 33 (33) To strengthen the complementarity and to reinforce the consistency of maritime activities as well as to avoid duplication of efforts and to alleviate budgetary constraints in an area of costly activities such as the maritime domain, the instrument should support maritime operations of multipurpose character where the main objective is border surveillance
Amendment 166 #
Proposal for a regulation Recital 34 Amendment 167 #
Proposal for a regulation Recital 34 (34)
Amendment 168 #
Proposal for a regulation Recital 34 (34) Measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union's external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question. In relation to the external dimension, the instrument should target support to enhance cooperation with third countries and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the Union’s migration policy and Union’s security objectives. Any measures funded in and in relation to third countries should be subject to appropriate safeguards.
Amendment 169 #
Proposal for a regulation Recital 34 a (new) (34a) The Commission should pay particular attention to the evaluation of actions and programmes related to third countries.
Amendment 170 #
Proposal for a regulation Recital 36 (36) A Member State may be deemed not to be compliant with the relevant Union acquis, including as regards the use of operating support under this instrument, if it has failed to fulfil its obligations under the Treaties in the areas of border management and visa, if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on border management and visa
Amendment 171 #
Proposal for a regulation Recital 37 (37) The instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this Regulation. In order to meet the requirements in terms of transparency of funding, the Commission, with the cooperation of the Member States, should publish information on the development of the annual and multiannual programmes under the thematic facility. Member States should be obliged to share all information in their possession on the development of programmes under shared management. That information should be centralised by the Commission and published on a single portal.
Amendment 172 #
Proposal for a regulation Recital 37 (37) The instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the objectives laid
Amendment 173 #
Proposal for a regulation Recital 40 (40) As challenges in the area of border management and visas are constantly evolving there is a need to adapt the allocation of funding to the changes in migration
Amendment 174 #
Proposal for a regulation Recital 42 (42) The instrument should contribute to supporting operating costs related to border management
Amendment 175 #
Proposal for a regulation Recital 43 (43) Part of the available resources under the instrument could also be allocated to Member States’ programmes for the implementation of specific actions in addition to their initial allocation. These specific actions should be identified at Union level and should concern actions which require cooperative effort or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States, such as the purchase through the national programmes of Member States of technical equipment needed by the European Border and Coast Guard Agency to perform its operational activities
Amendment 176 #
Proposal for a regulation Recital 43 (43) Part of the available resources under the instrument could also be allocated to Member States’ programmes for the implementation of specific actions in addition to their initial allocation. These specific actions should be identified at Union level and should concern actions which require cooperative effort among Member States or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States, such as the purchase through the national programmes of Member States of technical equipment needed by the European Border and Coast Guard Agency to perform its operational activities, the modernisation of the processing of visa applications, the development of new large-scale IT systems and the setting-up of interoperability between those systems. These specific actions will be defined by the Commission in its work programmes.
Amendment 177 #
Proposal for a regulation Recital 43 (43) Part of the available resources under the instrument could also be allocated to Member States’ programmes
Amendment 178 #
Proposal for a regulation Recital 45 (45) In order to strengthen the Union’s capacity to immediately address unforeseen, urgent or disproportionate
Amendment 179 #
Proposal for a regulation Recital 45 (45) In order to strengthen the Union’s capacity to immediately address
Amendment 180 #
Proposal for a regulation Recital 45 (45) In order to strengthen the Union’s capacity to immediately address
Amendment 181 #
Proposal for a regulation Recital 45 a (new) (45a) Where there is cooperation with a third country, such emergency assistance should be intended solely for humanitarian purposes. In the long term, it should be possible to avoid situations of this kind by encouraging the granting of visas upstream and through new legal paths to entry to the European Union.
Amendment 182 #
Proposal for a regulation Recital 46 Amendment 183 #
Proposal for a regulation Recital 49 (49) For the purpose of implementation of actions under shared management, the instrument should form part of a coherent framework consisting of this Regulation, the Financial Regulation and Regulation (EU) No …/… [CPR]. In the event of conflicting provisions, this Regulation should take precedence over Regulation (EU) No.../... [CPR].
Amendment 184 #
Proposal for a regulation Recital 52 (52) In accordance with Regulation (EU) No …/… [new Financial Regulation]41 , Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council42 , Council Regulation (Euratom, EC) No 2988/9543 , Council Regulation (Euratom, EC) No 2185/9644 and Council Regulation (EU) 2017/193945 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council46 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF, the EPPO and the
Amendment 185 #
Proposal for a regulation Recital 55 (55) Pursuant to Article 349 of the TFEU and in line with the Commission Communication A stronger and renewed strategic partnership with the EU's outermost regions, endorsed by the Council in its conclusion of 12 April 2018, the relevant Member States should ensure that their national programmes address emerging threats the outermost regions are confronted with, such as border surveillance, disproportionate influx of people or the deployment of European Information Systems. The instrument supports these Member States with adequate resources to help the outermost regions
Amendment 186 #
Proposal for a regulation Recital 56 (56) Pursuant to paragraph 22 and 23 of the Interinstitutional Agreement for Better Law-Making of 13 April 201648 , there is a need to evaluate this instrument on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include
Amendment 187 #
Proposal for a regulation Recital 58 (58) Th
Amendment 188 #
Proposal for a regulation Recital 60 (60)
Amendment 189 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes the instrument for financial support for border management and visa (‘the instrument’) as part of the Integrated Border Management Fund (‘the Fund’) for the period from 1 January 2021 to 31 December 2027.
Amendment 190 #
Proposal for a regulation Article 1 – paragraph 3 3.
Amendment 191 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1)
Amendment 192 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) ‘external borders’ means as specified in article 2 paragraph 2 of Regulation (EU) No 399/2016 the borders of the Member States: land borders, including river and lake borders, sea borders as well as their airports, river ports, sea ports and lake ports to which the provisions of Union law on the crossing of external borders apply, including those internal borders at which the controls have not been lifted yet;
Amendment 193 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 Amendment 194 #
Proposal for a regulation Article 3 – paragraph 1 1. As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring
Amendment 195 #
Proposal for a regulation Article 3 – paragraph 1 1. As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring strong and effective European integrated border management at the external borders while safeguarding the free movement of persons within it,
Amendment 196 #
Proposal for a regulation Article 3 – paragraph 1 1. As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring
Amendment 197 #
Proposal for a regulation Article 3 – paragraph 2 – point a (a) supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect i
Amendment 198 #
Proposal for a regulation Article 3 – paragraph 2 – point a (a) supporting effective European integrated border management at the
Amendment 199 #
Proposal for a regulation Article 3 – paragraph 2 – point b (b) supporting the common visa policy to ensure a more harmonised approach among the Member States with regard to the issuance of visas, to facilitate legitimate travel and
Amendment 200 #
Proposal for a regulation Article 3 – paragraph 2 – point b (b) supporting the common visa policy
Amendment 201 #
Proposal for a regulation Article 3 – paragraph 2 – point b (b) supporting the common visa policy, including in the field of humanitarian visas, to facilitate legitimate travel and prevent migratory and security risks.
Amendment 202 #
Proposal for a regulation Article 3 – paragraph 2 – point b (b) supporting the common visa policy to facilitate legitimate travel and prevent
Amendment 203 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3a. Actions funded under the instrument shall be implemented in full compliance with fundamental rights and human dignity. In particular, actions shall comply with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law, the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the principle of fair treatment of third-country nationals, the right to asylum and to international protection, the principle of non- refoulement and the international obligations of the Union and the Member States arising from international instruments to which they are signatory such as the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967.
Amendment 204 #
Proposal for a regulation Article 3 – paragraph 3 b (new) 3b. When implementing actions funded under the instrument which are related to maritime border surveillance, Member States shall pay special attention to their obligation under international maritime law to render assistance to persons in distress. Equipment and systems supported under the instrument may be used in such search and rescue situations as might arise during a sea border surveillance operation, thereby helping to ensure protection and rescue at sea.
Amendment 205 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 206 #
Proposal for a regulation Article 4 – paragraph 2 Amendment 207 #
Proposal for a regulation Article 4 – paragraph 2 2. To achieve the objectives of this Regulation, the instrument may
Amendment 208 #
Proposal for a regulation Article 4 – paragraph 2 2. To achieve the objectives referred to in article 3 of this Regulation, the instrument may support actions in line with Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5.
Amendment 209 #
Proposal for a regulation Article 4 – paragraph 3 – point a Amendment 210 #
Proposal for a regulation Article 4 – paragraph 3 – point b Amendment 211 #
Proposal for a regulation Article 4 – paragraph 3 – subparagraph 1 Amendment 212 #
Proposal for a regulation Article 5 – paragraph 1 – point a – point ii Amendment 213 #
Proposal for a regulation Article 5 – paragraph 1 – point a – point ii (ii) a third country listed in the work programme under the conditions s
Amendment 214 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 215 #
Proposal for a regulation Article 5 – paragraph 3 3. Legal entities established in a third country are exceptionally eligible to
Amendment 216 #
Proposal for a regulation Article 5 – paragraph 3 3.
Amendment 217 #
Proposal for a regulation Article 5 – paragraph 3 3. Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action of utmost importance.
Amendment 218 #
Proposal for a regulation Article 5 – paragraph 4 4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states
Amendment 219 #
Proposal for a regulation Article 5 – paragraph 4 4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states
Amendment 220 #
Proposal for a regulation Article 5 a (new) Amendment 221 #
Proposal for a regulation Article 6 – paragraph 1 1. Support provided under this Regulation shall complement national, regional and local interventions, and shall focus on bringing Union added value to the objectives of this Regulation.
Amendment 222 #
Proposal for a regulation Article 6 – paragraph 2 2. The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union
Amendment 223 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2a. When implementing actions funded under the Instrument which are related to maritime border surveillance, Member States shall pay special attention to their obligations under international maritime law to render assistance to persons in distress. In that regard, equipment and systems supported under the Instrument shall may be used to address search and rescue situations which may arise during a border surveillance operation at sea, thereby contributing to ensuring the protection and saving lives at sea.
Amendment 224 #
1. The financial envelope for the implementation of the instrument for the period 2021-2027 shall be EUR
Amendment 225 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) EUR
Amendment 226 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) EUR
Amendment 227 #
Proposal for a regulation Article 7 – paragraph 2 a (new) 2a. When drawing up work programmes, the Commission shall consult the organisations representing the partners at Union level, including civil society, in accordance with Article 6(4) of the Common Provisions Regulation. A reasonable minimum percentage of funding shall be earmarked for civil society organisations and for local authorities under each specific objective.
Amendment 228 #
Proposal for a regulation Article 8 – paragraph 2 2. Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II. For the preparation of the working programmes, the Commission shall consult the organisations which represent the partners at Union level, including civil society, in line with Article 6(4) of the Regulation (EU) …/… [CPR]. The European Commission should seek to allocate a reasonable minimum percentage of funding to civil society organisations under this instrument.
Amendment 229 #
Proposal for a regulation Article 8 – paragraph 2 2. Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II or support measures in accordance with article 20.
Amendment 230 #
Proposal for a regulation Article 8 – paragraph 3 3. When funding from the thematic facility is granted in direct or indirect management to Member States,
Amendment 231 #
Proposal for a regulation Article 8 – paragraph 4 4. When funding from the thematic facility is implemented in shared management, the Commission shall, for the purposes of Article 18 and Article 19(2) of Regulation (EU) No …/… [CPR], assess
Amendment 232 #
Proposal for a regulation Article 8 – paragraph 5 5. The Commission, after consulting the European Parliament, shall establish the overall amount made available for the thematic facility under the annual appropriations of the Union budget.
Amendment 233 #
Proposal for a regulation Article 8 – paragraph 6 6. The Commission shall adopt financing decisions as referred to in Article 110 of the Financial Regulation for the thematic facility, identifying the objectives and the actions to be supported and specifying the amounts for each of its components, as referred to in paragraph 1. Financing decisions shall set out, where applicable, the overall amount reserved for blending operations. To ensure a timely availability of resources, the Commission may separately adopt a work programme for emergency assistance
Amendment 234 #
Proposal for a regulation Article 8 – paragraph 6 6. The Commission shall adopt implementing acts in order to set out financing decisions as referred to in Article 110 of the Financial Regulation for the thematic facility, identifying the objectives and the actions to be supported and specifying the amounts for each of its components, as referred to in paragraph 1. Financing decisions contained shall set out, where applicable, the overall amount reserved for blending operations.
Amendment 235 #
Proposal for a regulation Article 8 – paragraph 6 6. The Commission shall
Amendment 236 #
Proposal for a regulation Article 8 – paragraph 7 7. Following the adoption of a
Amendment 237 #
Proposal for a regulation Article 8 – paragraph 7 7. Following the adoption of a
Amendment 238 #
Proposal for a regulation Article 10 – paragraph 1 – point a (a) EUR
Amendment 239 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) EUR
Amendment 240 #
2. The contribution from the Union budget may be increased to
Amendment 241 #
Proposal for a regulation Article 11 – paragraph 3 3. The contribution from the Union budget may be increased to
Amendment 242 #
Proposal for a regulation Article 12 – paragraph 1 1. Each Member State shall ensure that the priorities addressed in its programme are consistent with and respond to the Union priorities and challenges in the area of border management and visa, and that they are fully in line with the relevant Union acquis and agreed Union priorities, and the international obligations of the Union and Member States arising from international instruments to which they are signatories. In defining the priorities of their programmes, Member States shall ensure that the implementing measures as set out in Annex II are adequately addressed.
Amendment 243 #
Proposal for a regulation Article 12 – paragraph 1 1. Each Member State and the Commission shall ensure that the priorities addressed in
Amendment 244 #
Proposal for a regulation Article 12 – paragraph 2 2. The Commission shall ensure that the European Border and Coast Guard Agency and where appropriate, eu-LISA, are associated with the process of developing the programmes of Member States at an early stage, in so far as it falls
Amendment 245 #
Proposal for a regulation Article 12 – paragraph 2 2. The Commission and the European Parliament shall ensure that the European Border and Coast Guard Agency and, where appropriate, eu-LISA
Amendment 246 #
Proposal for a regulation Article 12 – paragraph 3 3. It shall consult the European Border and Coast Guard Agency on the draft programmes with a specific emphasis on the activities included under operating support in line with Article 3(2)(a) to ensure consistency and complementarity of the actions of the Agency and those of the Member States regarding border management
Amendment 247 #
Proposal for a regulation Article 12 – paragraph 3 3.
Amendment 248 #
Proposal for a regulation Article 12 – paragraph 4 4. The Commission and the European Parliament may associate the European Border and Coast Guard Agency
Amendment 249 #
Proposal for a regulation Article 12 – paragraph 5 5. Following the adoption of recommendations within the scope of this Regulation in accordance with Regulation (EU) No 1053/2013, and the recommendations issued in the framework of carrying out vulnerability assessments in accordance with Regulation (EU) 2016/1624, the Member State concerned shall examine, together with the Commission and the European Parliament, the most appropriate approach to address these recommendations with the support of this instrument.
Amendment 250 #
Proposal for a regulation Article 12 – paragraph 6 6. The Commission and the European Parliament shall, where relevant, associate the European Border and Coast Guard Agency, eu-LISA, the European Union Agency for Fundamental Rights and any other relevant agency or body with the process of examination on the most appropriate approach to address the recommendations with the support of this instrument.
Amendment 251 #
Proposal for a regulation Article 12 – paragraph 8 8. Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 5 and the progress in achieving the milestones and targets as assessed in the annual performance reports as referred to in Article 27(2)(a). Depending on the impact of the adjustment, the revised programme
Amendment 252 #
Proposal for a regulation Article 12 – paragraph 8 8. Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 5. Depending on the impact of the adjustment, the revised programme may be approved by the Commission after consulting the European Parliament.
Amendment 253 #
Proposal for a regulation Article 12 – paragraph 10 Amendment 254 #
Proposal for a regulation Article 12 – paragraph 10 10.
Amendment 255 #
Proposal for a regulation Article 12 – paragraph 11 Amendment 256 #
Proposal for a regulation Article 12 – paragraph 11 11. Whenever, exceptionally, a Member State decides
Amendment 257 #
Proposal for a regulation Article 12 – paragraph 11 a (new) 11a. As soon as a Member State decides to initiate projects with, in or in relation to a third country under this instrument, the Member State shall inform the organisations representing the partners at national level, in accordance with Article 6 of the [Common Provisions Regulation (EU).../...], as well as the members of the Steering Board within 10 days.
Amendment 258 #
12. As regards operating equipment, including means of transport, and communication systems required for effective and secure border control purchased in compliance with the Directive 2014/24/EU and with the support of this instrument, the following shall apply:
Amendment 259 #
Proposal for a regulation Article 12 – paragraph 12 – introductory part 12. As regards operating equipment, including means of transport
Amendment 260 #
Proposal for a regulation Article 12 – paragraph 12 – introductory part 12. As regards operating equipment, including means of transport, and communication systems required for effective and secure border control and Search and Rescue purchased with the support of this
Amendment 261 #
Proposal for a regulation Article 12 – paragraph 12 – introductory part 12. As regards operating equipment, including means of transport, and communication systems required for effective and secure border control and search and rescue purchased with the support of this instrument, the following shall apply:
Amendment 262 #
Proposal for a regulation Article 12 – paragraph 12 – point c (c) Member States may decide to purchase items for multi-purpose maritime operations supported by the instrument, provided that these items when operated by the relevant national authorities are involved in border surveillance operations at least 60 % of the total period of use for national purposes within a year. Time given over to search and rescue operations at sea shall not be taken into account. These items shall be registered at the technical equipment pool of the European Border and Coast Guard Agency in view of making these assets available in accordance with Article 39(8) of Regulation (EU) 2016/1624;
Amendment 263 #
Proposal for a regulation Article 12 – paragraph 13 13. Training in the field of border management carried out with the support of this instrument shall be based on the relevant harmonised and quality-assured European education and common training standards for border and coast guarding, and in particular shall take into account human rights issues and related international conventions, including access to international protection and maritime law.
Amendment 264 #
Proposal for a regulation Article 12 – paragraph 15 15.
Amendment 265 #
Proposal for a regulation Article 13 – paragraph -1 (new) -1. The programmes shall be subject to a mid-term review in accordance with Article 14 and 40 of Regulation (EU) No …/… [CPR] and Article 26 of this Regulation.
Amendment 266 #
Proposal for a regulation Article 13 – paragraph 1 1.
Amendment 267 #
Proposal for a regulation Article 13 – paragraph 1 1. In 2024 the Commission, after consulting the European Parliament, shall allocate to the programmes of Member States concerned the additional amount referred to in Article 10(1)(b) in accordance with the criteria referred to in paragraph 1(c) of and in paragraphs 2 to 11 of Annex I. The allocation shall be based on the latest available statistical data for the criteria referred to in paragraph 1(c) and in paragraphs 2 to 11 of Annex I. Funding shall be effective for the period as of the calendar year 2025.
Amendment 268 #
Proposal for a regulation Article 13 – paragraph 2 2. If at least
Amendment 269 #
Proposal for a regulation Article 13 – paragraph 2 2. If at least
Amendment 270 #
Proposal for a regulation Article 13 – paragraph 2 2. If at least
Amendment 271 #
Proposal for a regulation Article 13 – paragraph 2 a (new) 2a. Paragraph 2 is applicable only if the relevant regulatory framework and related acts are in force when on the 1st of January 2022.
Amendment 272 #
Proposal for a regulation Article 13 – paragraph 3 3. The allocation of the funds from the thematic facility as from 2025 shall
Amendment 273 #
Proposal for a regulation Article 13 – paragraph 3 a (new) 3a. The programmes shall undergo a mid-term review in accordance with Articles 14 and 40 of Regulation (EU) No ... / ... [CPR] and Article 26 of this Regulation.
Amendment 274 #
Proposal for a regulation Article 15 – paragraph 3 3. Member States using operating support shall comply with the Union acquis
Amendment 275 #
Proposal for a regulation Article 15 – paragraph 3 3. Member States using operating support shall comply with the Union acquis
Amendment 276 #
Proposal for a regulation Article 15 – paragraph 3 3. Member States using operating support shall comply with the Union acquis
Amendment 277 #
Proposal for a regulation Article 15 – paragraph 4 4. Member States shall justify in the programme and in the annual performance reports as referred to in Article 27 the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall, after consulting the European Parliament and following a consultation of the European Border and Coast Guard Agency as regards the Agency’s competencies in accordance with Article 12(3), assess the baseline situation in the Member States which have indicated their intention to use operating support, taking into account the information provided by those Member States and, where relevant, the information available in the light of Schengen evaluations and vulnerability assessments, including the recommendations following Schengen evaluations and vulnerability assessments.
Amendment 278 #
Proposal for a regulation Article 15 – paragraph 5 5. Without prejudice to Article 4(3)(c), operating support shall be concentrated on
Amendment 279 #
Proposal for a regulation Article 16 – paragraph 1 1. The instrument shall provide support to compensate for
Amendment 280 #
Proposal for a regulation Article 20 – paragraph 1 The
Amendment 281 #
Proposal for a regulation Article 20 – paragraph 1 The instrument may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission, after consulting the European Parliament. Those measures may be financed at the rate of 100 %.
Amendment 282 #
Proposal for a regulation Article 22 – paragraph 1 1. The recipients of Union funding shall
Amendment 283 #
Proposal for a regulation Article 22 – paragraph 2 2. The Commission shall implement information and communication actions relating to this instrument, and its actions and results. In particular, the Commission, with the cooperation of the Member States, shall publish information on the development of the annual and multiannual programmes under the thematic facility. The Commission shall publish the list of operations, projects and contracts selected to receive support, shall make that list accessible to the public on its website in the official language of the country concerned and shall update the list at least once every three months. Financial resources allocated to this instrument shall also contribute to the corporate communication on the political priorities of the Union, as far as they are related to the objectives of this Regulation. In particular, the Commission may promote best practices and exchange information concerning the use of funds.
Amendment 284 #
Proposal for a regulation Article 22 – paragraph 2 2. The Commission shall implement information and communication actions relating to the implementation of this instrument, its actions and results. In particular, the European Commission shall publish information concerning the implementation of the annual and multiannual programmes of the Thematic Facility. The European Commission shall also publish the list of operations, projects and contracts selected for support on their website in at least one of the official languages of the Union and shall update that list at least every three months. Financial resources allocated to this instrument shall also contribute to the
Amendment 285 #
Proposal for a regulation Article 22 – paragraph 2 2. The Commission shall implement information and communication actions relating to the implementation of this instrument, its actions and results. In particular, the Commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility. The Commission shall also publish the list of operations, projects and contracts selected for support publicly available on their website in at least one of the official languages of the Union and shall update that list at least every three months. Financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the Union, as far as they are related to the objectives of this Regulation. In particular, the Commission may promote best practices and exchange information as regards to the implementation of this instrument.
Amendment 286 #
Proposal for a regulation Article 22 – paragraph 2 a (new) 2a. The data referred to in paragraph 2 shall be published in open, machine- readable formats, as set out in Article 5(1) of the Directive 2003/98/EC of the European Parliament and of the Council, which allows data to be sorted, searched, extracted, compared and reused. Data should be able to be sorted by priority, specific objective, total eligible cost of operations, total cost of projects, total cost of procurement procedures, name of beneficiary and name of contractor.
Amendment 287 #
Proposal for a regulation Article 22 – paragraph 2 a (new) 2a. It shall be for the Member States to forward to the Commission information on the development of shared- management programmes, so that the information in question can then be published on its website.
Amendment 288 #
Proposal for a regulation Article 22 – paragraph 2 b (new) 2b. The data referred to in paragraphs 2 and 3 shall be published in open, machine-readable formats, in accordance with Article 5(1) of Directive 2003/98/EC of the European Parliament and of the Council, which authorises the sorting, searching, extraction, comparison and re- use of data. It must be possible to sort data by priority, specific objective, total cost of eligible operations, total cost of projects, total cost of contract-award procedures, name of beneficiary and name of contractor.
Amendment 289 #
Proposal for a regulation Article 23 – paragraph 1 1. The instrument shall provide, on an exceptional basis, financial assistance to address urgent and specific needs in the event of a
Amendment 290 #
Proposal for a regulation Article 23 – paragraph 1 1. The instrument shall exceptionally provide financial assistance to address urgent and specific needs in the event of an emergency situation
Amendment 291 #
Proposal for a regulation Article 23 – paragraph 1 1. The instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole Schengen area, or any other situation of urgent and exceptional pressure within the scope of this Regulation that requires immediate action. The Commission shall inform the European Parliament and the Council in a timely manner
Amendment 292 #
Proposal for a regulation Article 23 – paragraph 1 1. The instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has
Amendment 293 #
Proposal for a regulation Article 23 – paragraph 1 a (new) 1a. The crossing of external borders by a large number of third-country nationals should not in itself be regarded as a threat to public order or internal security and should not in itself trigger a decision to grant emergency assistance under this instrument.
Amendment 294 #
Proposal for a regulation Article 23 – paragraph 1 a (new) 1a. When the Commission provides emergency assistance to a Member State, it shall inform the European Parliament and the Council in a timely manner.
Amendment 295 #
Proposal for a regulation Article 23 – paragraph 1 b (new) 1b. The granting of emergency assistance must be preceded by a risk assessment, undertaken in consultation with the relevant stakeholders, which must: (i) outline the urgent and specific needs and explain why they are exceptional; (ii) assess how long the urgent and specific needs are likely to persist; (iii) describe the alternative actions or measures already taken to address the urgent and specific needs; (iv) explain why these alternative measures have not been enough to remedy the situation; (v) assess whether emergency assistance would help to remedy the situation. If a Member State concludes, in accordance with point (v) of the first paragraph, that emergency assistance may not be enough to remedy the situation, the Member State concerned should not request emergency assistance and should take other measures. If emergency measures have already been taken in a similar situation, it must be explained how the support provided at that time helped to remedy the exceptional circumstances.
Amendment 296 #
Proposal for a regulation Article 23 – paragraph 1 c (new) 1c. If the Commission provides emergency assistance to a Member State, it shall inform the European Parliament and the Council as soon as possible.
Amendment 297 #
Proposal for a regulation Article 23 – paragraph 1 d (new) 1d. Emergency assistance may only be granted to a third country for humanitarian purposes.
Amendment 298 #
Proposal for a regulation Article 23 – paragraph 2 2. Emergency assistance may take the form of grants awarded directly to
Amendment 299 #
Proposal for a regulation Article 23 – paragraph 3 3. Emergency assistance may be allocated to Member States’ programmes in addition to their allocation calculated in accordance with Article 10(1), provided that it is
Amendment 300 #
Proposal for a regulation Article 23 – paragraph 4 a (new) 4a. Where necessary for the implementation of the action, emergency assistance may cover expenditure which was incurred prior to the date of submission of the grant application or the request for assistance, but not prior to 1 January 2021.
Amendment 301 #
Proposal for a regulation Article 23 – paragraph 4 a (new) 4a. The emergency assistance must be provided in a manner entirely consistent with the Union acquis and with the Union's and the Member States' obligations under the international instruments to which they are signatories.
Amendment 302 #
Proposal for a regulation Article 24 – paragraph 1 1. An action that has received a contribution under the instrument may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The rules of each contributing Union programme shall apply to its respective contribution to the action. The cumulative funding shall not exceed the total eligible costs of the action and the support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support. Contributions from other Union programmes to actions under this instrument shall be acknowledged as such in the national programmes and annual performance reports.
Amendment 303 #
Proposal for a regulation Article 24 – paragraph 2 – introductory part 2.
Amendment 304 #
Proposal for a regulation Article 25 – paragraph 3 a (new) 3a. For resources covered by shared management arrangements, the common indicators shall be used in accordance with Articles 12(1), 17 and 37 of Regulation (EU) No …/… [CPR]. The Commission must consult competent bodies and experts on the development or adjustment of the indicators.
Amendment 305 #
Proposal for a regulation Article 25 – paragraph 5 a (new) Amendment 306 #
Proposal for a regulation Article 25 – paragraph 5 a (new) 5a. For resources under shared management, monitoring and reporting in accordance with Title IV of Regulation (EU) …/… [CPR] shall be based on the types of intervention set out in Annex VI to this Regulation. To address unforeseen or new circumstances or to ensure the effective implementation of the funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 29 to amend Annex VI. For the revision of the monitoring and evaluation framework, the Commission shall consult the organisations which represent the partners at Union level, including civil society.
Amendment 307 #
Proposal for a regulation Article 25 – paragraph 5 b (new) 5b. The Commission shall pay particular attention to the monitoring of measures and programmes involving third countries, in accordance with Article 5a.
Amendment 308 #
Proposal for a regulation Article 26 – paragraph 1 1.
Amendment 309 #
Proposal for a regulation Article 26 – paragraph 1 1.
Amendment 310 #
Proposal for a regulation Article 26 – paragraph 1 – subparagraph 1 (new) (a) the progress towards the achievement of the objectives of this Regulation, taking into account all relevant information already available, in particular the annual performance reports referred to in article 27 and the output and result indicators set out in Annex VIII to this Regulation.
Amendment 311 #
Proposal for a regulation Article 26 – paragraph 1 – point 1 (new) (1) (b) the EU added value of actions implemented under this Fund.
Amendment 312 #
Proposal for a regulation Article 26 – paragraph 1 – point 2 (new) (2) (c) the appropriateness of the implementation measures set out in Annex II to address existing and emerging security challenges.
Amendment 313 #
Proposal for a regulation Article 26 – paragraph 1 – point 3 (new) (3) The use of the instrument to address shortcomings identified by the Schengen Evaluation Mechanism and the Vulnerabilities assessment
Amendment 314 #
Proposal for a regulation Article 26 – paragraph 2 Amendment 315 #
Proposal for a regulation Article 26 – paragraph 2 2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the provisions set out in Article 14 and the timeline set out in Article 40 of Regulation (EU) No …/… [CPR].
Amendment 316 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. Following the mid-term review and the retrospective evaluation, the Commission shall submit to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions: (a) by June 2024, an interim evaluation report on the implementation of this Regulation. That interim evaluation report shall include an assessment of the mid-term review carried out in accordance with this Regulation and the [Regulation laying down common provisions].The evaluation report on the mid-term review shall include an evaluation of the provisions of this Regulation relating to simplification and flexibility, its consistency with the Union's internal and external policies, the relevance of all implementing measures referred to in Annex II, and the actions referred to in Annex III. It shall take into account the results of the retrospective evaluation on the long-term impact of the former Instrument for financial support for border management and visas, which was part of the Internal Security Fund for the period 2014-2020.The long-term positive or negative effects of the Fund will be assessed, and decisions to renew or modify a subsequent Fund will take this evaluation into account. (b) an ex-post evaluation report on the effects of this Regulation and the Specific Regulations, following the closure of the national programmes, by 30 June 2027 at the latest. The reports shall be forwarded to the European Parliament without delay. The European Parliament shall invite the Commission to take part in a structured dialogue on the mid-term review and the ex post evaluation.
Amendment 317 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. After the completion of the mid- term review and the retrospective review, the Commission shall submit to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions: (a) an interim evaluation report on the implementation of this Regulation by June 2024.That interim evaluation report shall include an assessment of the mid- term review carried out in accordance with this Regulation and the [CPR]; ( (b) an ex-post evaluation report on the effects of this Regulation and the Specific Regulations, following the closure of the national programmes, by 30 June 2027. The European Parliament may invite the Commission for a structured dialogue on the mid-term review and the ex-post evaluation.
Amendment 318 #
Proposal for a regulation Article 27 – paragraph 1 1. By 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission and Parliament the annual performance report as referred to in Article 36(6) of Regulation (EU) No …/… [CPR]. The report submitted in 2023 shall cover the implementation of the programme carried out until 30 June 2022.
Amendment 319 #
Proposal for a regulation Article 27 – paragraph 2 – point c (c) the complementarity between the actions supported by the instrument and support provided by other Union Funds
Amendment 320 #
Proposal for a regulation Article 27 – paragraph 2 – point f (f) the fulfilment of the enabling conditions and their application throughout the programming period with regard to Article 3(4) of this Regulation .
Amendment 321 #
Proposal for a regulation Article 27 – paragraph 2 – point f a (new) (fa) the implementation of projects with, in, or in relation to a third country.
Amendment 322 #
Proposal for a regulation Article 27 – paragraph 2 – point f a (new) (fa) any project implemented in or in relation to third countries.
Amendment 323 #
Proposal for a regulation Article 27 – paragraph 3 a (new) 3a. The Commission shall submit a summary of the annual performance reports to the European Parliament and the Council on an annual basis. The full text of the annual performance reports shall be made available to the European Parliament and the Council upon request.
Amendment 324 #
Proposal for a regulation Article 27 – paragraph 4 4. In order to ensure uniform conditions for the implementation of this Article, the Commission shall adopt a
Amendment 325 #
Proposal for a regulation Article 28 Amendment 326 #
Proposal for a regulation Article 30 – paragraph 1 1. The Commission shall be assisted by a Coordination Committee for the Asylum and Migration Fund, the Internal Security Fund and the
Amendment 327 #
Proposal for a regulation Annex I – point 1 – point b (b) an amount of EUR
Amendment 328 #
Proposal for a regulation Annex I – point 1 – point c – introductory part (c) and the remaining resources referred to in Article 10 shall be distributed
Amendment 329 #
Proposal for a regulation Annex I – point 1 – point c – paragraph 1 Amendment 330 #
Proposal for a regulation Annex I – point 1 – point c – paragraph 2 Amendment 331 #
Proposal for a regulation Annex I – point 1 – point c – paragraph 3 Amendment 332 #
Proposal for a regulation Annex I – point 1 – point c – paragraph 4 Amendment 333 #
Proposal for a regulation Annex I – point 2 Amendment 334 #
Proposal for a regulation Annex I – point 6 6. For the purpose of the distribution
Amendment 335 #
Proposal for a regulation Annex I – point 7 – introductory part 7. For the purposes of the initial allocation of funding, the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available on the date of the applicability of this Regulation. For the purposes of the mid-term review, the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available at the time of the mid-term review in 2024. The assessment of the workload shall be based on
Amendment 336 #
Proposal for a regulation Annex I – point 7 – point a Amendment 337 #
Proposal for a regulation Annex I – point 7 – point a – point 1 (1)
Amendment 338 #
Proposal for a regulation Annex I – point 7 – point a – point 2 (2)
Amendment 339 #
Proposal for a regulation Annex I – point 7 – point a – point 2 a (new) (2a) 20 % for the number of persons having submitted an application for international protection or having been included in such an application as a family member and having had their applications processed under the border procedure referred to in Article 43 of Directive 2013/32/EU.
Amendment 340 #
Proposal for a regulation Annex I – point 7 – point b Amendment 341 #
Proposal for a regulation Annex I – point 8 – introductory part 8. The reference figures for the number of consular offices as referred to in paragraph 5(a) shall be calculated according to the information contained in Annex 28 of Commission Decision C(2010) 1620 of 19 March 2010 establishing the Handbook for the processing of visa applications and the modifications of issued visas. The figure shall be reduced to zero if a Member State fails to provide information in two consecutive years.
Amendment 342 #
Proposal for a regulation Annex I – point 9 – point d (d) Where Member States have not provided the statistics concerned, the latest available data for those Member States shall be used. Where there is no data available for a Member State, the reference figure shall be zero. That figure shall likewise be reduced to zero if the Member State fails to provide information in two consecutive years.
Amendment 343 #
Proposal for a regulation Annex I – point 9 – point d (d) Where Member States have not provided the statistics concerned
Amendment 344 #
Proposal for a regulation Annex I – point 10 10. The European Border and Coast Guard Agency shall provide the Commission with a report on the breakdown of resources as regards external land borders, external sea borders and airports, as referred to in paragraph 1(c). The Commission shall make the report available to the public.
Amendment 345 #
Proposal for a regulation Annex I – point 10 10. The European Border and Coast Guard Agency shall provide the Commission with a report on the breakdown of resources as regards external land borders, external sea borders and airports, as referred to in paragraph 1(c). The Commission shall make the report publicly available.
Amendment 346 #
Proposal for a regulation Annex I – point 11 – introductory part 11. For the purposes of the initial allocation, the report referred to in paragraph 10 shall identify the
Amendment 347 #
Proposal for a regulation Annex II – point 1 – point a – point i i. reinforcing
Amendment 348 #
Proposal for a regulation Annex II – point 1 – point a – point ii ii. supporting search and rescue
Amendment 349 #
Proposal for a regulation Annex II – point 1 – point a – point v v. supporting, within the scope of this Regulation, Member States facing
Amendment 350 #
Proposal for a regulation Annex II – point 1 – point a – point v v. supporting, within the scope of this Regulation, Member States facing
Amendment 351 #
Proposal for a regulation Annex II – point 1 – point b Amendment 352 #
Proposal for a regulation Annex II – point 1 – point b Amendment 353 #
Proposal for a regulation Annex II – point 1 – point c (c) enhancing inter-agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border, and at EU level between the Member States, or between the Member States, on the one hand, and
Amendment 354 #
Proposal for a regulation Annex II – point 1 – point c (c) enhancing inter-agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border, and at EU level between the Member States, or between the Member States, on the one hand, and the relevant Union bodies, offices and agencies
Amendment 355 #
Proposal for a regulation Annex II – point 1 – point e Amendment 356 #
Proposal for a regulation Annex II – point 1 – point e (e)
Amendment 357 #
Proposal for a regulation Annex II – point 1 – point e a (new) (ea) increasing capacity, including technical equipment, to render assistance to persons in distress at sea, in particular supporting search and rescue operations.
Amendment 358 #
Proposal for a regulation Annex II – point 1 – point e a (new) (ea) increasing the capacities of render assistance to person in distress, including search and rescue operations.
Amendment 359 #
Proposal for a regulation Annex II – point 2 – point d Amendment 360 #
Proposal for a regulation Annex II – point 2 – point d (d)
Amendment 361 #
Proposal for a regulation Annex III – point 1 – point a (a) infrastructures, buildings, systems and services required at border crossing points, in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings, i
Amendment 362 #
Proposal for a regulation Annex III – point 1 – point a (a) infrastructures, buildings, systems and services required at border crossing points
Amendment 363 #
Proposal for a regulation Annex III – point 1 – point b (b) operating equipment, including means of transport, and communication systems required for effective and secure border control guaranteeing that fundamental rights are upheld, in accordance with standards developed by the European Border and Coast Guard Agency, where such standards exist;
Amendment 364 #
Proposal for a regulation Annex III – point 1 – point c (c) training in the field of or contributing to the development of European integrated border management, taking into account operational needs and risk analysis and
Amendment 365 #
Proposal for a regulation Annex III – point 1 – point d (d)
Amendment 366 #
Proposal for a regulation Annex III – point 1 – point d (d) secondment of joint liaison officers to third countries as defined in Regulation (EU) No …/ … [new ILO Regulation]69 and secondment of border guards and other relevant experts to Member States
Amendment 367 #
Proposal for a regulation Annex III – point 1 – point e (e) studies, pilot projects and other relevant actions aiming to implement or develop European integrated border management, including measures aiming at the development of the European Border and Coast Guard, such as common capacity-building, joint procurement, establishment of common standards and other measures streamlining the cooperation and coordination between the European Border and Coast Guard Agency and Member States
Amendment 368 #
Proposal for a regulation Annex III – point 1 – point e (e) studies, pilot projects and other relevant actions aiming to implement or develop European integrated border management, including measures aiming at the development of the European Border and Coast Guard, such as common capacity-building, joint procurement, establishment of common standards and other measures streamlining the cooperation and coordination between the European Border and Coast Guard Agency and Member States, as well as measures related to referral of persons who are in need of, or wish to apply for, international protection ;
Amendment 369 #
Proposal for a regulation Annex III – point 1 – point f Amendment 370 #
Proposal for a regulation Annex III – point 1 – point f (f) actions developing innovative methods or deploying new technologies with a potential for transferability to other Member States, in particular deploying the results of security research projects where such deployment has been identified by the European Border and Coast Guard Agency, acting under Article 37 of Regulation (EU) 2016/1624, as contributing to the development of operational capabilities of the European Border and Coast Guard. Innovative methods and new technologies of this type shall be fully in accordance with fundamental rights and the right to protection of personal data;
Amendment 371 #
Proposal for a regulation Annex III – point 1 – point g (g) preparatory, monitoring, administrative and technical activities, required to implement external border
Amendment 372 #
Proposal for a regulation Annex III – point 1 – point h (h)
Amendment 373 #
Proposal for a regulation Annex III – point 1 – point h (h) identification, fingerprinting, registration, security checks, debriefing, provision of information, medical and vulnerability screening and, where necessary, medical care as well as referral of third country nationals to the appropriate procedure at the external borders, in particular in hotspot areas
Amendment 374 #
Proposal for a regulation Annex III – point 1 – point h a (new) (ha) the exchange of good practices to assess, promote, support, and further develop Union policies and objectives, including for the purpose of protecting fundamental rights in connection with the various components of border control and as regards the identification, the provision of immediate assistance to, and the referral to protection services of, vulnerable persons, in particular women, children, and unaccompanied minors;
Amendment 375 #
Proposal for a regulation Annex III – point 1 – point k a (new) (ka) the exchange of best practices and experts, including with regard to the protection of fundamental rights in the context of the different components of border management, in particular with regards to the identification, immediate assistance and referral to protection services of vulnerable persons;
Amendment 376 #
Proposal for a regulation Annex III – point 2 – point c (c) training of consular and other staff contributing to the common visa policy and consular cooperation, including where compliance with fundamental rights is concerned;
Amendment 377 #
Proposal for a regulation Annex III – point 2 – point d (d) the exchange of best practices and experts, including the secondment of experts, as well as boosting the capacity of European networks to assess, promote, support and further develop Union policies and objectives, including for the purpose of protecting fundamental rights in connection with the various components of border control and as regards the identification, the provision of immediate assistance to, and the referral to protection services of, vulnerable persons, in particular women, children, and unaccompanied minors;
Amendment 378 #
Proposal for a regulation Annex III – point 2 – point i (i) development of statistical tools, methods and indicators, observing the principle of non-discrimination and the right to protection of personal data;
Amendment 379 #
Proposal for a regulation Annex III – point 3 Amendment 380 #
Proposal for a regulation Annex IV – point 2 Amendment 381 #
Proposal for a regulation Annex IV – point 2 Amendment 382 #
Proposal for a regulation Annex IV – point 3 Amendment 383 #
Proposal for a regulation Annex IV – point 3 Amendment 384 #
Proposal for a regulation Annex IV – point 6 Amendment 385 #
Proposal for a regulation Annex IV – point 6 Amendment 386 #
Amendment 387 #
Proposal for a regulation Annex IV – point 7 (7) Measures for setting up and running hotspot areas in Member States facing existing or potential e
Amendment 388 #
Proposal for a regulation Annex IV – point 7 a (new) (7a) Measures for setting up and running regional platforms located outside the territory of the Union in close cooperation with third countries for the identification, fingerprinting, registration, security checks, debriefing, provision of information, medical and vulnerability screening and, where necessary, medical care as well as referral of third country nationals to the appropriate procedure.
Amendment 389 #
Proposal for a regulation Annex IV – point 9 a (new) (9a) Measures targeting the identification, immediate assistance and referral to protection services of vulnerable persons.
Amendment 390 #
Proposal for a regulation Annex V – point a – introductory part (a) Specific objective 1:
Amendment 391 #
Proposal for a regulation Annex V – point a – introductory part (a) Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect i
Amendment 392 #
Proposal for a regulation Annex V – point a – point 1 Amendment 393 #
Proposal for a regulation Annex V – point a – point 1 – introductory part (1) Number of i
Amendment 394 #
Proposal for a regulation Annex V – point b – introductory part (b) Specific objective 2: Supporting the common visa policy to
Amendment 395 #
Proposal for a regulation Annex V – point b – introductory part (b) Specific objective 2: Supporting the common visa policy to facilitate legitimate travel and prevent
Amendment 396 #
Proposal for a regulation Annex VII – point a – point 3 (3) service costs
Amendment 397 #
Proposal for a regulation Annex VII – point c – point 2 (2) operational management and maintenance of large-scale IT systems and their communication infrastructures, including the
Amendment 398 #
Proposal for a regulation Annex VIII – point a – introductory part (a) Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect i
Amendment 399 #
Proposal for a regulation Annex VIII – point a – introductory part (a) Specific objective 1:
Amendment 400 #
Proposal for a regulation Annex VIII – point a – point 1 – indent 7 Amendment 401 #
Proposal for a regulation Annex VIII – point a – point 2 Amendment 402 #
Proposal for a regulation Annex VIII – point a – point 7 Amendment 403 #
Proposal for a regulation Annex VIII – point b – introductory part (b) Specific objective 2: Supporting the common visa policy to facilitate legitimate travel and prevent
Amendment 404 #
Proposal for a regulation Annex VIII – point b – point 3 source: 631.990
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